West Virginia Code of State Rules
Agency 78 - Human Services
Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES
Series 78-21 - Out-of-School-Time Child Care Center Licensing Requirements
Section 78-21-6 - Governance
Universal Citation: 78 WV Code of State Rules 78-21-6
Current through Register Vol. XLI, No. 38, September 20, 2024
6.1. Administrative Structure.
6.1.a. General. The Licensee is
legally accountable for the operation of the program and shall ensure the
program's compliance with the provisions of W. Va. Code §
49-2-101
et seq.,
and the requirements of this rule.
6.1.b. A program shall have a governing body
to ensure that the responsibilities of the licensee are carried out.
6.1.b.1. The governing body shall be
comprised of at least one parent of a child currently served by the program, or
when no parent is available for the governing body, a parent advisory committee
shall be established as described in this section;
6.1.b.2. No staff member, staff family
member, or employee of a public agency that regulates or makes eligibility
decisions for the program may serve, but the director may be an ex-officio
non-voting member;
6.1.b.3. The
governing body shall meet at least two times in a 12-month period and preserve
in writing the minutes of each meeting, including but not limited to, the
meeting's date and time, members in attendance, issues considered, and
decisions made; and
6.1.b.4. The
governing body shall appoint a program director to manage the daily operations
of the program; submit the director's qualifications in writing for approval by
the Secretary prior to employment; conduct an annual evaluation of the program
director; and oversee any necessary action regarding the program director's job
performance.
6.1.c. An
unincorporated, individual licensee (owner) may act as the governing body. In
addition to the requirements listed in paragraph 6.1.b.4. of this rule, the
owner shall appoint a parent advisory committee comprised of parents of
children currently served by the program that meets with the program director
at least two times in a 12-month period.
6.2. Statement of Purpose.
6.2.a. An applicant or licensee shall ensure
that each program has a written statement of purpose that guides the program
delivered to children and guides staff development. The statement of purpose
will include, but not be limited to:
6.2.a.1.
The type of care and programs offered;
6.2.a.2. The goals and objectives for each of
the offered programs;
6.2.a.3. The
ages of the children served;
6.2.a.4. The role of parents in the
program;
6.2.a.5. The scheduled
days and hours of operations; and
6.2.a.6. An organizational chart.
6.2.b. An applicant or licensee
shall ensure that the statement of purpose is:
6.2.b.1. Available to staff members and
consumers of the program;
6.2.b.2.
Reviewed with all staff members whenever changes are made; and
6.2.b.3. Filed with the licensing authority
when changes are made.
6.3. Administrative Manual.
6.3.a. An applicant or licensee shall ensure
that each program has an administrative manual that includes the program's
policies and procedures with the dates they were implemented or revised,
regarding:
6.3.a.1. Confidentiality and
information disclosure;
6.3.a.2.
Admission and discharge of children;
6.3.a.3. Behavior management;
6.3.a.4. Reporting of abuse;
6.3.a.5. Health, including, at a minimum, any
parental objection to treatment, exclusion, and re-admittance of the child with
a communicable illness, and medication administration;
6.3.a.6. Attendance;
6.3.a.7. Emergencies;
6.3.a.8. Transportation;
6.3.a.9. Grievance procedures; and
6.3.a.10. Personnel:
6.3.a.10.A. Employment and hiring
qualifications;
6.3.a.10.B.
Termination;
6.3.a.10.C. Use of
uncompensated personnel such as student interns, student aids, or
volunteers;
6.3.a.10.D. Background
checks including criminal convictions, substantiated abuse and neglect findings
and, if applicable, a waiver or variance request process;
6.3.a.10.E. Compensation;
6.3.a.10.F. Circumstances, if any, under
which the program reserves the right to require drug and alcohol screening for
drivers, other staff, and volunteers; and
6.3.a.10.G. Periodic performance
evaluations.
6.3.b. An applicant or licensee shall ensure
that the administrative manual is:
6.3.b.1.
Available to staff members; and
6.3.b.2. Reviewed with all staff members when
changes are made.
6.4. Standards of Ethical Conduct. A program shall not misrepresent or operate a program in any way that is misleading, deceptive, or illegal.
6.5. Grievance Procedure. A program shall develop and implement a written grievance procedure for families and employees. The procedure shall be written in clear and simple language and provided to families and staff.
6.6. Records and Information Disclosure.
6.6.a. Records. A program shall maintain the
confidentiality of all child and staff records and shall have a procedure for
secure storage, maintenance, and disposition of records.
6.6.a.1. A program shall retain a child's
record for a minimum of three years following the child's discharge. The record
shall include, but not be limited to, immunization record, admission or
beginning service date, contact information for the parent of the child,
contact information of the responsible person if designated by the parent,
emergency information, agreements or acknowledgements signed by the parent
pertaining to the child's participation, and special instructions related to
the child's health and development. A grace period is permitted for children
experiencing homelessness and children in foster care based on the individual
circumstances of the child.
6.6.a.2. A program shall keep all current
staff records on file according to the following:
6.6.a.2.A. A program that operates at more
than one site shall keep current staff members' emergency information on file
at each location where a staff member is employed and at a central location;
and
6.6.a.2.B. A program that
operates at more than one site may keep all staff records at a central location
as long as the central location is in West Virginia.
6.6.b. Information Disclosure.
6.6.b.1. A program shall keep all information
about the child confidential and shall only disclose it to staff members caring
for the child in accordance with the program's policies and
procedures.
6.6.b.2. A program
shall obtain the written consent of the child's parent before disclosing
information about the child, including photographs, audio or video recordings,
or verbal statements about the child, except when disclosing information to the
Secretary or his or her designee.
Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.