Current through Register Vol. XLI, No. 24, June 14, 2024
Section 78-2-7 - Staffing Process7.1. Staffing Plan.7.1.1. An agency shall develop and implement a staffing plan to provide for the effective implementation of its services and programs that includes for each service position in the agency, a job description detailing the responsibilities, qualifications, and title of direct supervisor.7.1.2. An agency shall designate a supervisor for each service or program.7.1.3. The staffing plan shall set a policy for the ratio of supervisors to employees to ensure adequate guidance and support for each employee.7.1.4. The staffing plan shall include a policy on case load size and the frequency and nature of the staff contact with children.7.1.5. The agency shall revise as needed the staffing plan to reflect changes in services and programs.7.2. Employment Practices. An agency shall have written employment practices that include: 7.2.1. A requirement for an immediate suspension of an employee upon any felony or misdemeanor charge for a disqualifying offense until the charges are resolved, and a requirement that the employee notify the director of any criminal charge within 24 hours. This requirement shall provide that an employee convicted of these charges shall no longer be permitted to provide direct services to children and their families.7.2.2. A requirement for immediate suspension of an employee who is alleged to have sexually abused or otherwise in.j.ured a child pending the outcome of the investigation.7.2.3. A policy on the Statement of Child Abuse or Neglect History form stating that upon employment, employees shall sign and date a statement that defines child abuse or neglect, as defined in subsection 3.6. of this rule, and outlines the employee's responsibility to report immediately any suspected incident of child abuse or neglect to the executive director or his or her designee, to the Institutional Investigative Unit, and to the Child Abuse Hotline, 1-800-352-6513, in accordance with W. Va. Code § 49-2-801 and § 49-2-803etseq.; and7.2.4. A general code of conduct on the relationship between employees, a child in placement and his or her family including provisions:7.2.4.a. That contact be case related only as described in the child's service plan, and continue only as specified in the plan;7.2.4.b. That excursions are case related only;7.2.4.c. That a child cannot stay overnight in the home of an employee, unless the child is in a transitional living program; and7.2.4.d. Guidelines for gift giving and receiving between employees and those served; and7.2.5. A policy that employees applying to be foster or adoptive parents may not be considered for foster or adoptive parenting by the agency that employs them.7.3. Background Checks. An agency shall submit a request for an application to the WV CARES unit of the Department for each potential employee prior to the employee working with children. After receiving notification from the WV CARES unit that a background check has begun, an applicant may work under direct supervision on a provisional basis for no more than 60 days while the background check is being processed. The agency must document that it has completed the background check process for each applicant pursuant to W. Va. Code § 46-49-1et seq., by receipt of a fitness determination of eligibility or variance, if granted.