W. Va. Code R. § 78-21-6

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

Section 78-21-6 - Governance

6.1. Administrative Structure.

6.1.a. General. The Licensee is legally accountable for the operation of the program and shall ensure the program's compliance with the provisions of W. Va. Code § 49-2-101et seq., and the requirements of this rule.

6.1.b. A program shall have a governing body to ensure that the responsibilities of the licensee are carried out.

6.1.b.1. The governing body shall be comprised of at least one parent of a child currently served by the program, or when no parent is available for the governing body, a parent advisory committee shall be established as described in this section;

6.1.b.2. No staff member, staff family member, or employee of a public agency that regulates or makes eligibility decisions for the program may serve, but the director may be an ex-officio non-voting member;

6.1.b.3. The governing body shall meet at least two times in a 12-month period and preserve in writing the minutes of each meeting, including but not limited to, the meeting's date and time, members in attendance, issues considered, and decisions made; and

6.1.b.4. The governing body shall appoint a program director to manage the daily operations of the program; submit the director's qualifications in writing for approval by the Secretary prior to employment; conduct an annual evaluation of the program director; and oversee any necessary action regarding the program director's job performance.

6.1.c. An unincorporated, individual licensee (owner) may act as the governing body. In addition to the requirements listed in paragraph 6.1.b.4. of this rule, the owner shall appoint a parent advisory committee comprised of parents of children currently served by the program that meets with the program director at least two times in a 12-month period.

6.2. Statement of Purpose.

6.2.a. An applicant or licensee shall ensure that each program has a written statement of purpose that guides the program delivered to children and guides staff development. The statement of purpose will include, but not be limited to:

6.2.a.1. The type of care and programs offered;

6.2.a.2. The goals and objectives for each of the offered programs;

6.2.a.3. The ages of the children served;

6.2.a.4. The role of parents in the program;

6.2.a.5. The scheduled days and hours of operations; and

6.2.a.6. An organizational chart.

6.2.b. An applicant or licensee shall ensure that the statement of purpose is:

6.2.b.1. Available to staff members and consumers of the program;

6.2.b.2. Reviewed with all staff members whenever changes are made; and

6.2.b.3. Filed with the licensing authority when changes are made.

6.3. Administrative Manual.

6.3.a. An applicant or licensee shall ensure that each program has an administrative manual that includes the program's policies and procedures with the dates they were implemented or revised, regarding:

6.3.a.1. Confidentiality and information disclosure;

6.3.a.2. Admission and discharge of children;

6.3.a.3. Behavior management;

6.3.a.4. Reporting of abuse;

6.3.a.5. Health, including, at a minimum, any parental objection to treatment, exclusion, and re-admittance of the child with a communicable illness, and medication administration;

6.3.a.6. Attendance;

6.3.a.7. Emergencies;

6.3.a.8. Transportation;

6.3.a.9. Grievance procedures; and

6.3.a.10. Personnel:

6.3.a.10.A. Employment and hiring qualifications;

6.3.a.10.B. Termination;

6.3.a.10.C. Use of uncompensated personnel such as student interns, student aids, or volunteers;

6.3.a.10.D. Background checks including criminal convictions, substantiated abuse and neglect findings and, if applicable, a waiver or variance request process;

6.3.a.10.E. Compensation;

6.3.a.10.F. Circumstances, if any, under which the program reserves the right to require drug and alcohol screening for drivers, other staff, and volunteers; and

6.3.a.10.G. Periodic performance evaluations.

6.3.b. An applicant or licensee shall ensure that the administrative manual is:

6.3.b.1. Available to staff members; and

6.3.b.2. Reviewed with all staff members when changes are made.

6.4. Standards of Ethical Conduct. A program shall not misrepresent or operate a program in any way that is misleading, deceptive, or illegal.

6.5. Grievance Procedure. A program shall develop and implement a written grievance procedure for families and employees. The procedure shall be written in clear and simple language and provided to families and staff.

6.6. Records and Information Disclosure.

6.6.a. Records. A program shall maintain the confidentiality of all child and staff records and shall have a procedure for secure storage, maintenance, and disposition of records.

6.6.a.1. A program shall retain a child's record for a minimum of three years following the child's discharge. The record shall include, but not be limited to, immunization record, admission or beginning service date, contact information for the parent of the child, contact information of the responsible person if designated by the parent, emergency information, agreements or acknowledgements signed by the parent pertaining to the child's participation, and special instructions related to the child's health and development. A grace period is permitted for children experiencing homelessness and children in foster care based on the individual circumstances of the child.

6.6.a.2. A program shall keep all current staff records on file according to the following:

6.6.a.2.A. A program that operates at more than one site shall keep current staff members' emergency information on file at each location where a staff member is employed and at a central location; and

6.6.a.2.B. A program that operates at more than one site may keep all staff records at a central location as long as the central location is in West Virginia.

6.6.b. Information Disclosure.

6.6.b.1. A program shall keep all information about the child confidential and shall only disclose it to staff members caring for the child in accordance with the program's policies and procedures.

6.6.b.2. A program shall obtain the written consent of the child's parent before disclosing information about the child, including photographs, audio or video recordings, or verbal statements about the child, except when disclosing information to the Secretary or his or her designee.

W. Va. Code R. § 78-21-6