W. Va. Code R. § 78-2-9

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 78-2-9 - The Child's and The Child's Family's Basic Rights

9.1. For the child and the child's biological family, an agency shall ensure the following rights:

9.1.1. Equal access to services regardless of age, marital status, race, religion, ethnicity, gender, disability, or sexual orientation;

9.1.2. Services consistent with identified needs in the least restrictive environment available;

9.1.3. Interdisciplinary, therapeutic services that meet a child's physical, emotional, social, educational, and financial needs;

9.1.4. Active participation and respect as an individual during the delivery of services process;

9.1.5. Reasonable privacy; and

9.1.6. Contact between a child and his or her biological family is not restricted as a means of punishment or in any way except as specified by court order or documented in the child's service or treatment plan. Visits shall take place during hours different from an agency's business hours when the family cannot visit during those hours and shall be arranged and take place with the prior knowledge of the foster or adoptive parents.

9.2. A child receiving services from the Agency shall have in addition to the rights in subsection 9.1. of this rule, the following:

9.2.1. Adequate shelter, food, and clothing;

9.2.2. Education and training;

9.2.3. Services necessary to promote safety, permanency, and well-being;

9.2.4. Adult guidance, support, and supervision;

9.2.5. Freedom from abuse, neglect, and exploitation; and

9.2.6. Full and reasonable communication with his or her attorney, clergyman, and an authorized representative of the placing agency or of the court of record, including visits, correspondence, and telephone calls.

9.3. An agency shall develop and implement procedures to ensure that a child in placement's maximum health and safety needs are met including receiving:

9.3.1. The level of supervision required in the service plan as guided by reasonable and prudent parent standards;

9.3.2. Appropriate medical screening, diagnosis, and treatment on a regular basis; and

9.3.3. A minimum of the following routine medical, dental, and vision examinations and treatment, as proscribed, and emergency treatment, as needed:

9.3.3.a. An initial general medical examination by a physician 30 days before placement or within 30 days after placement and routine medical examinations after that as recommended for the child's age. In addition, children placed by the Department shall be treated in accordance with the Health Check requirements available through the Office of Maternal and Child Health;

9.3.3.b. For children with extraordinary medical needs, unless a medical examination can be documented within the previous 30 days or the child was discharged from an inpatient facility, the child is examined by a physician within 72 hours after initial placement, and the physician documents that the child can be appropriately cared for in a home setting;

9.3.3.c. Immunizations as recommended by the American Academy of Pediatrics;

9.3.3.d. For a child two years and older, an examination by a dentist will be scheduled within 30 days after placement unless an examination can be documented within the previous 30 days, and after that a semiannual examination by a dentist and follow-up treatment as needed;

9.3.3.e. For a child four years and older, an eye screening by an optometrist will be scheduled within 30 days after placement unless a screening can be documented within the previous 30 days, and follow up as indicated by Health Check requirements;

9.3.3.f. Any treatment or aids prescribed including eyeglasses, a hearing aid, and a prosthetic or corrective device;

9.3.3.g. The documentation from the physician in the child's record, complete orders for medication, treatment, diet, range of motion programs, habilitation, and special medical or developmental procedures needed;

9.3.3.h. The foster or adoptive parents receive all of the training necessary to care for the child prior to placement or as soon as possible in the case of an emergency placement;

9.3.3.i. The foster or adoptive parents maintain a daily medication log for each child that includes the name of the medication, the physician who prescribed it, the dosage, the administration schedule, the potential side effects and any change in the medication that the physician makes;

9.3.3.j. Prescription medication is administered for therapeutic reasons only and under the following provisions:

9.3.3.j.1. A physician shall examine the child before prescribing a medication, and he or she is the only one who can alter the medication or medication level;

9.3.3.j.2. The child's parents or guardian may revoke consent for a medication at any time;

9.3.3.j.3. The parents or guardian of a child, and a child 14 years or older unless the child is documented to be lacking the capacity for informed consent, shall give prior written informed consent for the use of a psychotropic medication;

9.3.3.j.4. The child's foster or adoptive parents and primary case manager shall receive training related to the psychotropic medication, its expected results, its potential side effects, and an agency's policies regarding its use;

9.3.3.j.5. A child 14 years or older who refuses to take medication three consecutive times shall be considered to have revoked consent;

9.3.3.j.6. When consent is revoked, the administration of medication shall cease immediately unless titration is needed at the direction of the physician; and

9.3.3.j.7. When the parents or guardian revoke consent, an agency shall inform the prescribing physician; the agency shall relay the recommendation by the physician to the Department; and

9.3.3.j.8. An agency shall establish procedures for medication errors in dosage, administration or adverse side effects that include contacting the prescribing physician and documenting the incident.

9.3.3.k. Over-the-counter medication shall be dispensed by a foster parent using the reasonable and prudent parenting standards.

9.4. Religious Preferences.

Upon a child's admission, an agency shall determine the religious preference of the child, if any, and the child's parent or guardian. The agency shall ensure the opportunity for the child to attend the religious service of his or her choice if he or she expresses one.

9.5. Multiethnic Placements.

9.5.1. In placement or adoption decisions, an agency shall not consider race, color or national origin unless it is part of an individualized determination that the facts and circumstances of a particular case require the consideration of race, color or national origin in order to advance the best interests of the child and in accordance with applicable federal law and policy.

9.5.2. An agency shall ensure that a child, at his or her discretion, has the opportunity to participate in cultural and ethnic activities significant to his or her heritage.

9.5.3. In accordance with the Multiethnic Placement Act of 1994, as amended by the Removal of Barriers to Interethnic Adoption Act of 1996, an agency shall not delay or deny a child's foster care or adoptive placement on the basis of the child's or the prospective parent's race, ethnicity, color, national origin.

9.6. Behavior Management and Discipline. An agency shall provide policies and procedures for foster or adoptive parents to use as guides in disciplining a child and behavior management.

9.6.1. Appropriate methods of discipline include:

9.6.1.a. An emphasis on discipline with kindness and understanding, using positive feedback and rewards to reinforce good or improved behavior;

9.6.1.b. Simple, clear, understandable, and consistent household rules;

9.6.1.c. Measures appropriate to the developmental level of the child that help him or her develop self-control and learn responsibility for his or her own actions;

9.6.1.d. That only a parent or other prior approved adult caregiver is permitted to discipline the child;

9.6.1.e. That measures are administered close to the time of the child's act or behavior for teaching purposes and if time out is used, that it be for a reasonable period of time;

9.6.1.f. That crisis intervention skills and techniques be used according to agency policy only.

9.6.2. Inappropriate Methods of Discipline. An agency shall develop and implement policies and procedures that ensure that a child is not disciplined with cruel, harsh, unusual or unnecessary punishment, and shall develop and implement a description of those measures and methods that are not permitted, including but not limited to the following:

9.6.2.a. Any type of physical hitting, spanking, slapping, or other type of physical punishment inflicted in any manner upon the child's body;

9.6.2.b. Threats of removal from the foster or adoptive home;

9.6.2.c. Any acts, verbal abuse, or emotional abuse that humiliates, shames, disgraces, ridicules, belittles, or destroys a child's sense of dignity or self-worth including any remarks made about the child's biological parents or family;

9.6.2.d. Keeping a child out of school;

9.6.2.e. Denying food, clothing, shelter, or bedding;

9.6.2.f. Closing or locking a child in any enclosed space;

9.6.2.g. Denying mail, telephone calls or visits with biological family members, unless it is related to subdivision 9.1.6. of this rule;

9.6.2.h. Withholding a program service or a provision in the service plan; or

9.6.2.i. Administering a medication that has not been prescribed.

9.6.3. An agency shall ensure that behavior problems are treated individually and privately. If there is a consistent pattern of unacceptable behavior, an agency shall develop a separate behavior management plan to be added to the child's service plan.

9.7. The Child's Financial Resources.

9.7.1. An agency shall ensure that money earned, received as a gift, or given as an allowance is the child's personal property.

9.7.2. An agency shall use reasonable and prudent parent standards to assist the child in making decisions regarding spending or saving the child's money.

9.7.3. An agency shall not require a child to pay for his or her care or services.

9.8. Clothing.

9.8.1. An agency shall ensure that each child has adequate, well-fitting, and seasonal clothing appropriate to his or her age and individual needs, shall allow the child choice in the selection of the clothing, and shall replenish the wardrobe, as necessary.

9.8.2. At the time of placement and at the time of discharge, an agency shall take an inventory of the child's clothing and personal possessions.

9.8.3. Agency shall ensure that each child has appropriate luggage or containers to transport his or her personal items.

W. Va. Code R. § 78-2-9