W. Va. Code R. § 78-18-6

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

Section 78-18-6 - Administration of the Family Child Care Facility

6.1. The operator and/or owner of a family child care facility shall administer the facility in a manner that complies with all of the requirements established for this category of care and all applicable Federal and State laws, ordinances, rules, and regulations.

6.2. In addition to the certificate of license, the operator shall display the following items in a prominent place for review by parents and staff:

6.2.a. Current menus for all meals and snacks served by the facility;

6.2.b. An emergency exit plan and a record of the required monthly fire drills for the past 12 months;

6.2.c. A copy of the "Family Child Care Facility Licensing Requirements" for use by staff and parents;

6.2.d. A daily activity schedule, including field trips; and

6.2.e. The most recent inspection reports from the State Fire Marshal and the Bureau for Public Health as required by this rule.

6.3. A facility shall obtain information about the child's developmental history, personal characteristics, and special needs.

6.4. A facility shall maintain confidential records on the children that include the following information:

6.4.a. The child's full name, address, telephone number, birth date, and date of enrollment;

6.4.b. Emergency contact information which shall be updated when information changes and shall include:

6.4.b.1. Home and work addresses and telephone numbers of the parents;

6.4.b.2. The names, addresses, and telephone numbers of any persons authorized to pick up the child;

6.4.b.3. The name of the child's physician or other health care provider; and

6.4.b.4. The names of emergency contact persons;

6.4.c. Health insurance coverage and policy number for the child;

6.4.d Written authorization signed by the parents for emergency medical treatment transportation field trips and water activities;

6.4.e. A report of the child's most recent medical checkup, which shall be supplied by the parents within 30 days of the child's enrollment. The facility shall provide parents with a West Virginia HealthCheck periodicity chart for child health exams and shall ensure that a child's health assessment is updated with new or current information at least every two years for the child under the age of six years;

6.4.f. A report of the child's most recent immunization records which shall be supplied by the parents based on the following guidelines:

6.4.f.1. Immunization records shall be updated every two years and shall be completed based on the schedule recommended by the Department.

6.4.f.2. If immunizations are not current, the facility shall obtain a schedule for completion from the parent for the caregiver's files. A grace period is permitted for children experiencing homelessness and children in foster care based on the individual circumstances of the child.

6.4.f.3. Exemption from immunization requirements shall be available for parents who provide a signed statement from a child's health care provider indicating that immunization is contraindicated based on the child's medical condition;

6.4.g. Daily attendance records which include the name of the provider, the parents' complete names, sign in/sign out information, and dates and times with the designation a.m. or p.m.;

6.4.h. Written reports of accidents, injuries, or illnesses involving a child while at the facility;

6.4.i. Written consent and instructions signed by parents regarding medications or special dietary needs;

6.4.j. A statement of any special needs of the child including allergies, existing illness or injuries, previous illnesses or injuries, and any medication prescribed for long-term continuous use; and

6.4.k. The names and telephone numbers of schools for all school-aged children.

6.5. Records on all staff including the operator, substitutes, and volunteers, as appropriate, shall include:

6.5.a. The staff person's name, date of birth, home address, telephone number of an emergency contact, and the date of employment and/or termination;

6.5.b. Documentation of the staff person's qualifications and education or training attended in relation to early childhood development, past employment, and experience with children and a pre-service training certificate completed prior to hire;

6.5.c. Application forms or materials, if any, including at least two letters of reference.

6.5.d. Evidence of a completed criminal history background check for each individual volunteer, employee, or household member over the age of 18 including:

6.5.d.1. WV CARES self-disclosure application and consent form signed by the individual indicating any past criminal conviction or any pending charges;

6.5.d.2. A variance or waiver if the individual has convictions or pending charges of disqualifying offenses;

6.5.d.3. A fitness determination of eligibility from the WV CARES unit; and

6.5.d.4. An examination of the previous five years of protective services records for the state of West Virginia and any other state the individual has resided in as an adult.

6.5.e. Documentation of required medical examinations that:

6.5.e.1. Includes the results from a tuberculosis risk assessment screening, TB skin test, or chest x-ray;

6.5.e.2. Were completed no more than six months prior to nor more than 30 days after employment.

6.5.e.3. Lists of regular volunteers and household members with documentation of tuberculosis risk assessment screening, TB skin test, or chest x-ray.

6.5.f. The operator shall obtain a medical examination within 30 days of application for a certificate of licensure and upon application for renewal.

6.5.f.1. Medical examination documentation shall indicate that the operator has no physical or mental condition that would negatively impact the provision of child care services.

6.6. A facility shall maintain all records in a confidential manner and shall not provide, release, or make available information from any child's or employee's record except to:

6.6.a. Persons authorized by law;

6.6.b. The child or a parent of the child as defined in subsection 3.8 of this rule;

6.6.c. Persons authorized, in writing, by the parents of the child; and

6.6.d. Employees or representatives of the Department.

6.7. The facility shall maintain staffing schedules for up to 12 months to demonstrate that the facility meets staff-to-child ratios.

6.8. The facility shall carry fire and liability insurance as a protection for the children in care. A copy of the current policy shall be maintained on file at the facility.

W. Va. Code R. § 78-18-6