W. Va. Code R. § 78-18-7

Current through Register Vol. XLI, No. 24, June 14, 2024
Section 78-18-7 - Family Child Care Facility Personnel
7.1. Staffing/Facility Capacity.
7.1.a. A family child care facility shall have two staff members on duty who provide care for and supervision of the children if the facility provides care to more than two children under 24 months of age or more than six children at the same time.
7.1.b. When determining the ratio between staff members and children, a family child care facility shall include all children 12 years of age and under who are present and cared for in the facility, including any child of the director, staff members, and friends of the child.
7.1.c. No operator or staff member shall be used to meet staff-to-child ratios for more than two consecutive eight-hour shifts of care.
7.2. Substitutes.
7.2.a. The facility may use a substitute to allow for staff persons to take vacation or short-term medical leave or to take care of routine appointments. However, use of a substitute shall be limited to no more than 20 days, at eight hours per day, per year, and the facility shall notify parents in advance when use of a substitute is necessary for non-emergency situations. Substitutes shall have approved training in pediatric cardio-pulmonary resuscitation, pre-service training, and receive an orientation from the operator.
7.2.b. A regular substitute caregiver used more frequently than 20 days per year at eight hours per day, shall meet the same qualifications that apply to new staff, including requirements with regard to criminal history background checks.
7.3. Programming of Children's Activities.
7.3.a. The operator shall provide a planned program of activities geared to the child's individual needs and developmental levels, which are designed to promote the development of language and thinking skills, large and small muscles, social skills, self-esteem, and positive self-image.
7.3.b. Daily activities shall provide the following:
7.3.b.1. Regularity of such routines as meals and nap periods with flexibility to respond to a child's individual needs;
7.3.b.2. A balance of active and quiet activities;
7.3.b.3. Individual and group activities;
7.3.b.4. Daily indoor and outdoor activities that make use of large and small muscles;
7.3.b.5. Participation in vigorous outdoor play whenever temperatures are above 40 degrees Fahrenheit and weather conditions permit;
7.3.b.6. Opportunities for children to select individual projects such as creative activities, crafts, games, or homework, and play independently, as well as to do activities that require adult involvement and supervision;
7.3.b.7. Sufficient time to complete activities without long waiting periods between activities or prolonged periods where the children must stand or sit;
7.3.b.8. Varieties of creative activities including arts and crafts, dramatic play, stories, and books and science and building toys; and
7.3.b.9. Opportunities to practice self-help skills such as feeding, dressing, toileting, hand washing, and grooming skills which foster independence in the child.
7.3.c. Age-appropriate books shall be read on a daily basis to children between the ages of six months and five years of age.
7.3.d. School age children shall be provided with opportunities to:
7.3.d.1. Have periods for rest and relaxation;
7.3.d.2. Select individual projects such as homework;
7.3.d.3. Become involved with friends their own age; and
7.3.d.4. Join in group play and community activities.
7.3.e. Television, video games, and video tapes are allowed if the content is designed for and is of benefit to a child and viewing time is limited. Adult programming rated "PG 13," "R," and "X" or song lyrics which contain either violent or sexually explicit scenes or language are prohibited.

W. Va. Code R. § 78-18-7