Current through Register Vol. XLI, No. 24, June 14, 2024
Section 78-18-4 - Certificate of License Procedures4.1. Application for License. 4.1.a. Any family child care facility that operates in West Virginia shall apply for and obtain a certificate of license from the Secretary before beginning operations and accepting children for care.4.1.b. A family child care facility shall submit an application for renewal of a current license at least 60 days before expiration of the current certificate of license.4.1.c. Applications for licensure as a family child care facility shall be made separately for each facility to be licensed.4.2. General Requirements. 4.2.a. A certificate of license is not transferable to a third party and applies only to a facility and its location as stated in the application for licensure.4.2.b. If the ownership of a facility changes, the new owner shall submit an application for a certificate of license. The facility shall not operate until a certificate of license has been issued by the Secretary.4.2.c. The certificate of license shall be publicly displayed.4.2.d. A family child care facility may be located in the provider's residence or a separate building.4.3. Departmental Action on Applications for Certificate of License. Within 60 days of receipt of an application, the Secretary shall provide a written decision to the family child care facility that does one of the following: 4.3.a. Issues an initial six-month license to an applicant establishing a new service found to be in compliance on initial review with regard to policy, procedure, risk management, human resources, service environment, and record-keeping rules;4.3.b. Issues a regular certificate of license to a facility that complies with the provisions of the West Virginia Code § 49-2-101 and the requirements of this rule. A regular license is valid for a period of up to two years from the date of issuance unless revoked or modified to a provisional status;4.3.c. Issues a provisional certificate of license to a facility that is not in compliance with the provisions of this rule, if operation does not pose a significant risk to the rights, well-being, health, and safety of children. A provisional license expires no more than six months from the date of issuance and may not be reissued unless the recommendation is that of the State Fire Marshal; or4.3.d. Denies the application for license if the facility does not substantially comply with the requirements of this rule.4.4. Terms and Conditions of Licensure.4.4.a. The Department shall inspect every certified family child care facility prior to issuing a certificate of license to determine compliance with this rule.4.4.b. The Secretary shall have immediate and open access to the premises of a facility and to all aspects of a facility's operation, including personnel, children in care, household members, and records of each facility, including, but not limited to, case records on children and personnel, corporate, and financial records. Inspections may be made with or without prior notice as a condition of licensure.4.4.c. Applicants shall maintain compliance with applicable rules of the Bureau for Public Health, the State Fire Marshall, and the Department of Agricultural Pest Management at all times.4.4.d. Prior to implementing any significant change in its program that was not included in its initial application for a certificate of license, a facility shall submit an application for an amendment to its certificate of license.4.5. Limitations on a Certificate of License. 4.5.a. The Secretary may place limitations on a certificate of license based on findings of: 4.5.a.1. Insufficient space in the facility;4.5.a.2. Inadequate sleeping areas;4.5.a.3. The provision of other home-based services such as foster care and adult family care; or4.5.a.4. Non-compliance issues that require a plan of correction approved by the Secretary.4.5.b. Limitations may apply to: 4.5.b.1. The age, sex, and type of problems of the children in care;4.5.b.2. The intake of additional children; or4.5.b.3. The total number of children in the home.4.6. Waivers and Variances.4.6.a. A family child care facility may request a waiver or variance of any requirement in this rule if:4.6.a.1. The health, safety, or well-being of children in the home is not adversely affected; and4.6.a.2. The rule does not prohibit a waiver or variance for the requirement.4.6.b. The request for waiver or variance shall be in writing, addressed to the Secretary, and shall include the following information:4.6.b.1. The specific requirement to be waived or varied;4.6.b.2. The reasons for seeking a waiver and why a specific requirement should not be applied in a particular circumstance; and4.6.b.3. The reasons for seeking a variance and how compliance with a specific requirement of this rule can be accomplished in a manner different from that set forth in W. Va. Code § 49-2-101 or in this rule.4.7. Closure of a Family Child Care Facility. 4.7.a. The Secretary may deny, refuse to renew, or revoke a license if the facility materially violates any provisions of W. Va. Code § 49-2-101, violates any terms or conditions of the certificate of license, or fails to maintain established requirements of child care.4.7.b. If the Secretary finds that the operation of a family child care facility constitutes an immediate danger of serious harm to children served by the facility, the Secretary shall issue an order of closure terminating the operation of the facility.4.7.c. A facility ordered closed by the Secretary may not operate pending administrative or judicial review without a court order.4.7.d. The pendency of administrative or judicial review shall not prevent the Secretary from obtaining injunctive relief pursuant to W. Va. Code § 49-2-120.