W. Va. Code R. § 78-18-23

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

Section 78-18-23 - Reporting and Investigation of Complaints

23.1. Reporting.

23.1.a. The operator shall immediately report any serious incident affecting the operation of the facility to the Department and follow up with a written report within 72 hours on a form designated by the Department.

23.1.b. The operator shall report the following situations:

23.1.b.1. Any accident, injury, or illness occurring while a child is in care that results in emergency treatment, hospitalization, or death;

23.1.b.2. Any serious communicable disease of a child, operator, employee, or family member that results in temporary closure of the facility;

23.1.b.3. Any incident which results in legal action by or against the facility; and

23.1.b.4. Serious violations of requirements by the facility operator or its employees such as use of physical punishment or failure to supervise which could have resulted in harm to a child.

23.1.c. In accordance with W. Va. Code § 49-2-801et seq., the operator shall immediately report suspected child abuse or neglect to the statewide child abuse and neglect intake hotline or to Department child protective services staff in the county office where the facility is located.

23.1.d. The operator shall also notify the Department, in writing, of any occurrence affecting the operation of the facility. This includes, but is not limited to, the following:

23.1.d.1. A change in ownership that requires the new owner to file for a new application;

23.1.d.2. A change of operator;

23.1.d.3. Closure of the facility;

23.1.d.4. A change in hours of operation or change in ages of children served;

23.1.d.5. Additions to or reductions in space affecting the facility's capacity;

23.1.d.6. Additions such as a swimming pool;

23.1.d.7. Reductions such as removal of fences;

23.1.d.8. Location of facility which requires the owner to file for a new application;

23.1.d.9. A disaster such as a fire or flood that damages the facility; and

23.1.d.10. A change in the composition of the household.

23.2. Investigation of Complaints.

23.2.a. A facility shall fully cooperate with the Secretary in the investigation of any complaints including alleged violations of the requirements of this rule, allegations of creating or otherwise causing risk of serious harm to a child, a violation of the juvenile or criminal laws of this state, or reports of suspected child abuse or neglect.

23.2.b. If a complaint alleges that the behavior or conduct of any operator, employee, household member, or volunteer may pose risk of serious harm to a child in care, the facility shall immediately remove that person from further contact with the children until an investigation is completed and a determination is made.

23.2.c. If the Secretary determines there are violations of this rule, a facility shall submit a plan of correction within 30 days of receipt of the written summary report.

23.2.d. The operator shall fully implement the approved plan of correction within the time frame specified by the Secretary.

W. Va. Code R. § 78-18-23