Statutes, codes, and regulations
West Virginia Administrative Code
Agency 78 - Human ServicesTitle 78 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES
Series 78-18 - Family Child Care Facility Licensing Requirements
Section 78-18-16 - Criminal History Background Checks

W. Va. Code R. § 78-18-16

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Current through Register Vol. XLI, No. 24, June 14, 2024
Section 78-18-16 - Criminal History Background Checks
16.1. At the time of license application and renewal, a family child care facility must demonstrate compliance with the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code § 16-49-1 et seq., and 69CSR10, for all facility owners, operators, staff, volunteers 18 years of age and over, and each adult household member.
16.1.a. A caregiver shall ensure that a state and federal fingerprint-based criminal background investigation is performed on the caregiver and each adult household member pursuant to the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code § 16-49-1et seq., and 69CSR10, and shall keep the following information on file:
16.1.a.1. A completed and signed WV CARES self-disclosure application and consent form. A copy of the form shall be on file and uploaded to the WV CARES system no later than the date of approval to operate;
16.1.a.2. A variance or waiver if the individual has convictions or pending charges of disqualifying offenses;
16.1.a.3. A fitness determination of eligibility from the WV CARES unit; and
16.1.a.4. The caregiver shall update the documentation of a completed background check in the caregiver and each adult household member's file at the expiration of rap back enrollment.
16.1.a.5. A state check shall be done in any other state where the caregiver and each adult household member has resided in the past five years. Fingerprint checks for other states are optional.
16.1.b. A state check of the sex offender registry or repository shall be done in any other state where the caregiver and each adult household member currently resides and shall be done in any other state where the caregiver and each adult household member has resided in the past five years.
16.1.c. A search shall be done of the state-based child and adult abuse and neglect registries and protective services databases in each state where the caregiver and each adult household member resided during the preceding five years. The same search shall be done in the state where the caregiver and each adult household member currently resides and shall be repeated every five years.
16.2. The Secretary shall not grant a certificate of license to a family child care facility if any of the individuals listed in subsection 16.1 of this rule are determined to be ineligible pursuant to WV CARES. A negative fitness determination will result if the individual:
16.2.a. Is on parole or probation for a WV CARES disqualifying offense;
16.2.b. Has been convicted of or is currently under indictment or charged with any of the WV CARES disqualifying offenses; or
16.2.c. Other crimes that the Secretary determines may pose a risk to children.
16.3. If the individuals listed in subsection 16.1 of this rule failed to report convictions to the Department, a family child care facility shall not operate or continue operations unless the facility owner requests a waiver or variance, and it is approved by the Secretary.
16.4. A family child care facility shall report charges, indictments, and convictions of individuals listed in subsection 16.1 of this rule to the Department within 24 hours of their occurrence. Failure to report will result in revocation of the certificate of registration and the family child care facility shall not operate or continue operations unless the facility owner requests a waiver or variance, and it is approved by the Secretary.
16.5. The Department shall not approve a facility for continuing licensure if a criminal history background check reveals that any individual listed in subsection 16.1 of this rule:
16.5.a. Has committed child or adult abuse or neglect, or both, according to Department protective services record or any other Department records;
16.5.b. Is an active recipient of child or adult protective services; or
16.5.c. Has a fitness determination of ineligibility that may not be waived or for which a waiver or variance was not approved.
16.6. For facilities operated outside the operator's home, a certificate of license may be issued when a household member has a conviction if the household member with the conviction does not reside with, visit, or have contact with children in care.

W. Va. Code R. § 78-18-16