W. Va. Code R. § 78-18-15

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 78-18-15 - Family Child Care Facility Staff

15.1. All staff working directly with children shall:

15.1.a. Be 18 years of age;

15.1.b. Be able to read and write;

15.1.c. Understand children and their developmental needs and relate to children with courtesy, respect, patience, and affection, and with understanding and respect for the child's family and culture;

15.1.d. Provide continuous supervision of young children including during outdoor play, napping, field trips, and water activities as follows:

15.1.d.1. Supervision of older children may consist of their playing within sight or hearing of nearby staff who shall conduct periodic checks every 15 to 20 minutes;

15.1.d.2. Staff shall visually check on napping infants every 15 to 20 minutes; and

15.1.d.3. Staff shall directly supervise all children during field trips and water play;

15.1.e. Carry out methods of guidance and discipline without recourse to physical or emotional punishment;

15.1.f. Recognize and act against hazards to children and react in a calm manner in an emergency;

15.1.g. Have positive written responses from two references;

15.1.h. Have on file a health appraisal that:

15.1.h.1. Includes a physical examination and a tuberculosis skin test or risk assessment screening with negative results;

15.1.h.2. Indicates that the individual is physically and mentally able to care for children; and

15.1.h.3. Is completed no more than six months prior to employment nor more than 30 days after date of hire and updated every two years;

15.1.i. Have successfully completed an approved pediatric Cardiopulmonary Resuscitation (CPR) training or other certified first aid including rescue breathing and first aid for choking, or have a plan to do so within the first six months of employment;

15.1.j. Have successfully completed training in child abuse recognition and prevention from an approved training source or have a plan to do so within the first six months of employment;

15.1.k. Have successfully completed training in medication administration from an approved training source or have a plan to do so within the first six months of employment;

15.1.l. Completed approved pre-service training requirements or have a plan to do so within the first six months of employment;

15.1.m. Have received, prior to caring for children, an orientation from the operator with regard to evacuation procedures, discipline, child abuse and neglect reporting, recognition of symptoms of childhood illness, medication administration, and the requirements of this rule;

15.1.n. Complete at least 12 clock hours of training annually, selecting training that addresses a variety of the Core Knowledge areas listed in subsection 3.3 of this rule;

15.1.o. Complete at least 12 clock hours of training annually, selecting training that addresses a variety of the Core Knowledge areas listed in subsection 3.3 of this rule.

15.1.p. If staff completes approved training modules lasting more than 12 hours, staff may elect to apply those training module hours over and above 12 to the following year's training requirement. Training hours that may be carried over include hours earned through the West Virginia Infant and Toddler Professional Development Program, the Apprentice for Child Development Specialist, or other coursework approved by the Department; and

15.1.q. Meet and abide by all other requirements listed in this rule including those with regard to criminal history background checks.

15.2. If staff completes approved training modules lasting more than twelve 12 hours, staff may elect to apply those training module hours over and above 12 to the following year's training requirement. Training hours that may be carried over include hours earned through the West Virginia Infant and Toddler Professional Development Program, the Apprentice for Child Development Specialist, or other coursework approved by the Department.

15.3. Volunteers.

15.3.a. Volunteers shall:

15.3.a.1. Be at least 16 years of age;

15.3.a.2. Be supervised by the owner or an adult staff person at all times;

15.3.a.3. Submit evidence of a negative tuberculosis risk assessment screening completed during the past 24 months;

15.3.a.4. Receive orientation to the facility and its programs and policies;

15.3.a.5. Be familiar with and meet the requirements of this rule; and

15.3.a.6. Complete approved pre-service training requirements or have a plan to do so within the first six months of employment.

15.3.b. A volunteer shall not be used to meet staff-to-child ratios.

15.4. Substitutes.

15.4.a. Substitutes used 20, eight-hour days or fewer per year shall:

15.4.a.1. Be 18 years of age;

15.4.a.2. Be able to read and write;

15.4.a.3. Understand children and their developmental needs and relate to children with courtesy, respect, patience, and affection, and with understanding and respect for the child's family and culture;

15.4.a.4. Provide continuous supervision of young children including during outdoor play, napping, field trips, and water activities as follows:

15.4.a.4.A. Supervision of older children may consist of their playing within sight or hearing of nearby staff who shall conduct periodic checks every 15 to 20 minutes;

15.4.a.4.B. Staff shall visually check on napping infants every 15 to 20 minutes; and

15.4.a.4.C. Staff shall directly supervise all children during field trips and water play.

15.4.a.5. Carry out methods of guidance and discipline without recourse to physical or emotional punishment;

15.4.a.6. Recognize and act against hazards to children and react in a calm manner in an emergency;

15.4.a.7. Have successfully completed an approved pediatric Cardiopulmonary Resuscitation (CPR) and certified first aid training including rescue breathing and first aid for choking, or have a plan to do so within the first six months of employment;

15.4.a.8. Complete approved pre-service training requirements or have a plan to do so within the first six months of employment;

15.4.a.9. Have received, prior to caring for children, an orientation from the operator with regard to evacuation procedures, discipline, child abuse and neglect reporting, recognition of symptoms of childhood illness, medication administration and the requirements of this rule;

15.4.a.10. Meet and abide by all other requirements listed in this rule including those with regard to criminal history background checks.

15.4.b. Substitutes used more frequently than 20, eight-hour days per year shall meet all requirements listed in subsection 15.1. of this rule.

W. Va. Code R. § 78-18-15