W. Va. Code R. § 191-4-3

Current through Register Vol. XLI, No. 45, November 8, 2024
Section 191-4-3 - Licensure Standards for Monitored Parenting and Exchange Programs
3.1. The purpose of licensure for a monitored parenting and exchange program is to assure the safety and welfare of the children, adults and program staff during monitored contact. Once safety is assured, the welfare of the child(ren) is the paramount consideration at all stages.
3.2 A monitored parenting and exchange program may be provided by an organization not incorporated by a larger body or by a subdivision of a larger organization. When monitored parenting and exchange services are provided by an agency whose primary mission is not monitored parenting and/or exchange, the agency shall be responsible for ensuring that staff or persons providing monitored parenting and exchange services are trained and qualified according to Section 3.7 of these rules and for providing services in conformity with all sections of these rules. Monitored parenting and exchange programs shall avoid dual roles, such as providing parenting/exchange services and also providing mediation of custody disputes or providing divorce counseling.
3.3 Nothing in these rules shall preclude a monitored parenting and exchange program from offering both monitored parenting and exchange services and supervised services.
3.4. A monitored parenting and exchange program shall establish written policies and procedures that shall include:
3.4.a. Services provided;
3.4.b. Confidentiality and release of information;
3.4.c. Participant acceptance and termination criteria;
3.4.d. Responsibilities of the participants;
3.4.e. Information to be gathered during the intake assessments;
3.4.f. Protocols for accepting and responding to concerns and complaints;
3.4.g. Documentation and record-keeping;
3.4.h. Reporting of criminal behavior and suspected abuse or neglect;
3.4.i. Hours of operation;
3.4.j. Fees;
3.4.k. Safety and security measures;
3.5. A monitored parenting and exchange program shall establish and report to a board of directors which shall meet at least quarterly and maintain minutes of all meetings, noting quorum status.
3.6. A monitored parenting and exchange program shall provide general liability insurance for board, staff, volunteers, and for participants utilizing the program.
3.7. A monitored parenting and exchange program shall maintain the following records:
3.7.a. A written personnel record for each employee or volunteer, including documents obtained or created by the program pertaining to the employee or volunteer.
3.7.b. Appropriate and accurate financial records. The records shall follow generally accepted accounting principles. Accounting and auditing procedures shall comply with the guidelines of the funding source(s).
3.7.c. A monitored parenting and exchange program shall have written policies and procedures for program evaluation that include:
3.7.c.1. An evaluation plan to determine the effectiveness of the program or service activities. Evaluation shall include participant input.
3.7.c.2. Statistics for evaluation and monitoring. Statistics shall be gathered in a manner that will not compromise client confidentiality.
3.7.c.3. A participant file for each participant which includes a copy of court order(s) if applicable, all intake information, a contract signed by the adults prior to using the program, written and signed releases of information, other agreements, and a record of each contact. Files are to be kept in a place not accessible to participants, and shall:
3.7.c.3.A. Include documentation of in-person intake interviews with each participant, including the children, conducted prior to the first visit, unless age inappropriate; and
3.7.c.3.B. Be updated after each parenting visitation or exchange to include:
3.7.c.3.C. Identifying client information;
3.7.c.3.D. Monitor name;
3.7.c.3.E. Date, time and duration of contact;
3.7.c.3.F. Who attended;
3.7.c.3.G. Account of critical incidents (violations of program guidelines);
3.7.c.3.H. Interventions made during the contact for the safety and well-being of participants, including early termination of the parenting visit with the reason for the intervention.
3.7.c.3.I. The reason or reasons for case closure.
3.8. A monitored parenting and exchange program shall assure that the facility:
3.8.a. Meets all local health and safety ordinances.
3.8.b. Complies with Americans with Disabilities Act (ADA) requirements or make arrangements to accommodate individuals with special needs.
3.8.c. Maintain procedures regarding cleanliness of all surfaces, supplies, and equipment children may come in contact with to reduce exposure to germs and contaminants.
3.9. A monitored parenting and exchange program shall assure the program staff and volunteer quality by the following:
3.9.a.Having written job descriptions and background/criminal record checks for staff and volunteers;
3.9.b. Requiring program staff who monitor parenting visits and exchanges to have a minimum of twenty (20) hours of orientation training and volunteers to have a minimum of eight (8) hours of orientation training that includes the following topics.
3.9.b.1. Confidentiality;
3.9.b.2. Recording observations;
3.9.b.3. General security issues and procedures;
3.9.b.4. Legal context, court procedures; and
3.9.b.5. Cultural sensitivity
3.9.b.6. Family violence, including spousal abuse and child abuse and neglect including mandated reporting procedures;
3.9.b.7. Substance abuse detection and education;
3.9.b.8. Dynamics of separation and divorce;
3.9.b.9. Sexual assault.
3.9.c. Requiring program staff to maintain certification in first aid, CPR and training in emergency response methods;
3.9.d. Requiring program staff who monitor parenting visits and exchanges shall complete a minimum of ten (10) hours and volunteers to complete a minimum of five (5) hours annually in continuing education or in-service training relevant to the exchange and parenting services being provided.
3.10. A monitored parenting and exchange program shall have a written security policy that includes, but is not limited to:
3.10.a. Evacuation procedures in case of fire or other emergency;
3.10.b. Handling of critical incidents such as violent, dangerous or inappropriate behavior by an adult or child;
3.10.c. Handling of medical emergencies;
3.10.d. Procedures for arrival and departure of participants so that contact between them does not occur without the explicit agreement of the parties and the monitored parenting and exchange program;
3.11. A monitored parenting and exchange program shall have a written policy about referrals, including, but not limited to:
3.11.a. Information to be obtained from the referring agency;
3.11.b. Criteria for accepting and refusing referrals;
3.11.c. Procedure for responding to referring agencies;
3.11.d. Procedure for referring participants to other services/agencies;
3.11.e. Procedure for serving self-referrals when the adult parties agree to the use of the program; and
3.11.f. Procedure for notifying the Courts of case closure.

W. Va. Code R. § 191-4-3