W. Va. Code R. § 78-18-9

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

Section 78-18-9 - Transportation

9.1. When transportation is provided by the facility, staff shall observe the following precautions:

9.1.a. Transport vehicles shall be in safe running condition and have current insurance, an inspection sticker, and a license, according to state law;

9.1.b. Drivers shall be at least 18 years of age and appropriately licensed;

9.1.c. The driver and vehicle shall comply with all applicable motor vehicle laws;

9.1.d. Staff shall not leave any child unattended in a vehicle;

9.1.e. Each child shall be secured in an approved child safety seat or secured with seat belts at a ratio of one child per seat belt as required by W. Va. Code § 17C-15-56; and

9.1.f. Staff shall carry children's emergency consent forms in the vehicle in case of accident or illness.

9.2. Field Trips.

9.2.a. During field trips, staff shall provide direct supervision to all children, regardless of age;

9.2.b. When field trips are scheduled, staff shall notify parents prior to each excursion; and

9.2.c. The facility shall have written permission on file or obtain written permission prior to each field trip.

9.2.d. The facility shall have a written field trip plan that includes:

9.2.d.1. The names of the children, staff members, and any other participants on the field trip;

9.2.d.2. The departure and return times;

9.2.d.3. The means of travel and the routes to be taken;

9.2.d.4. An alternate plan in case of bad weather;

9.2.d.5. The name of the contact person at the facility, if applicable;

9.2.d.6. The name, address, and telephone number, if applicable, of each destination;

9.2.d.7. Relevant safety rules to be followed; and

9.2.d.8. Special emergency procedures.

9.3. Water Activities.

9.3.a For all Level I and Level II water activities, the facility shall:

9.3.a.1. Obtain prior written permission from parents for children to participate;

9.3.a.2. Be physically present at the site of any water play and provide constant, direct supervision of all children;

9.3.a.3. Ensure that an adult swimmer is present for Level II water activities,

9.3.a.4. Ensure that life guards are present when taking children to a swimming area outside of the family child care facility;

9.3.a.5. Provide simple water safety rules to children based on their ages and developmental levels; and

9.3.a.6. Ensure that children who are not toilet trained wear swim diapers during water play of any kind.

9.3.b. Ensure that a second adult is available to supervise when:

9.3.b.1. Some children are not swimming; and

9.3.b.2. More than three children under six years of age are participating in Level II swimming activities.

9.3.c. When a child is participating in a Level I or Level II water activity, except a swimming lesson with a qualified instructor, a facility shall provide direct supervision to all children, regardless of age.

9.3.d. When two or more children 24 months of age and under are participating in a Level I or Level II water activity in a mixed age group, except a swimming lesson with a qualified instructor, the facility shall ensure that at least two staff members are present.

W. Va. Code R. § 78-18-9