Current through Register Vol. XLI, No. 24, June 14, 2024
Section 78-21-7 - Staffing7.1. This section applies to all program personnel including the private owners, volunteers, and parents who are used in a program capacity regardless of compensation.7.2. This section does not apply to: 7.2.a. An adult not associated with the program who is in the facility for brief periods in the normal course of carrying out business or professional activities and is not left alone with nor aids in the supervision of children;7.2.b. A parent of an enrolled child who is at the program only for the purpose of performing parental responsibilities in relation to his or her own child; or7.2.c. A professional not associated with the program that performs a child specific service at the request of the child's parent or guardian, such as a speech or occupational therapist.7.3. Staffing Procedures. 7.3.a. A program shall provide each new staff member with a written notification that includes his or her position title, qualifications, duties, and responsibilities at the time of hiring.7.3.b. A program shall conduct performance evaluations:7.3.b.1. Annually on all staff employed; and7.3.b.2. On all newly employed staff members at three months, six months, and 12 months in the first year of employment.7.3.b.3. A program shall provide each staff member with a written copy of his or her most recent evaluation, signed by the program director and the evaluated staff member, and a continuing education plan based on the evaluation.7.3.b.4. Prior to caring for children, all current staff, potential staff, and volunteers are required to complete approved pre-service training.7.3.c. A program shall maintain a file for each staff member that includes:7.3.c.1. A current job description;7.3.c.2. Written references, including three professional references for the program director and two references for other staff members one of which must be from a person familiar with the staff person's work;7.3.c.3. Records of employment, including a duplicate copy of all performance evaluations;7.3.c.4. Documents related to background checks;7.3.c.5. Documents related to orientation and successful completion of approved pre-service training; and7.3.c.6. Documents related to continuing education and professional development while employed at the center.7.4. Staff Character and Background.7.4.a. No person shall be on the premises or have contact with the children in care whose health or behavior would harm the children: 7.4.a.1. Who is under the influence of alcohol or an illegal drug, or7.4.a.2. Whose functioning is impaired due to being under the influence of medical cannabis or a legal pharmaceutical.7.4.b. Other than the exceptions cited in subdivision 7.4.c. of this rule, a program shall ensure that a criminal background investigation is performed on each staff member and volunteer pursuant to the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code § 16-49-1et seq., and 69CSR10 and shall keep the following information on file: 7.4.b.1. A completed WV CARES self-disclosure application and consent form. A copy of the form shall be uploaded to the WV CARES system and on file no later than the date of hire;7.4.b.2. A fitness determination of eligibility from the WV CARES unit;7.4.b.3. A state background check shall be completed in any other state where the staff member or volunteer has resided in the past five years. For a staff member or volunteer who works in the state of West Virginia and resides in another state, a state background check is required for the state in which they reside. Fingerprint checks for other states are optional. All staff members and volunteers must complete a criminal background check through WV CARES;7.4.b.4. A variance or waiver if the individual has convictions or pending charges of disqualifying offenses; and7.4.b.5. A search shall be done of the state-based child and adult abuse and neglect registries and protective services databases in each state where the staff member or volunteer resided during the preceding five years. For a staff member or volunteer who works in the state of West Virginia and resides in another state, a search shall be done in the state where the staff member or volunteer currently resides and shall be repeated every five years.7.4.b.6. A state check of the sex offender registry or repository shall be done in the state where owners, operators, staff, and volunteers currently reside.7.4.b.7. A check of the sex offender registry or repository shall be completed in another state where the staff member or volunteer has resided in the past five years. For a staff member or volunteer who works in the state of West Virginia and resides in another state, a check of the sex offender registry or repository shall be completed in the state in which they reside.7.4.c. A program does not require a criminal records check on the following:7.4.c.1. A new staff member who has on file at the program documentation of the required criminal history investigation within the previous 180 days;7.4.c.2. A parent who transports children on an irregular basis for field trips without pay or compensation; or7.4.c.3. A professional not associated with the center who is contracted to provide services for brief periods to the children under the direct supervision of program staff.7.4.d. No person shall work with a child or children prior to the center receiving the required fitness determination of eligibility from the WV CARES unit.7.4.e. The Secretary may require a criminal background check for good cause.7.4.f. A center shall update the documentation of a completed background check in each staff member's file at the expiration of Record of Arrest and Prosecution Background (RAP Back) enrollment.7.4.g. A program shall require an individual over 13 and under 18 years of age, acting in the capacity of a teen aid or student intern, to have on file a signed affidavit from the individual's parent stating that his or her child has never been arrested or convicted of an offense against a person. The affidavit shall be on file prior to the individual having direct contact with the children on a regular basis.7.5. Hiring Prohibitions.7.5.a. A program shall not employ or use an individual who is currently under indictment or has pending charges, is currently on parole or probation for a felony conviction or has been convicted or entered a plea of guilty or no contest to any of the disqualifying offenses as defined in W. Va. Code § 16-49-1(8) and 69CSR10, or other crimes that the Secretary determines may pose a risk to children.7.5.b. A program shall not employ or use any individual who is determined by the Department to have abused or neglected a child or incapacitated adult.7.5.c. A program shall not employ or use an individual who has entered a plea of guilty or no contest or has been convicted of a disqualifying offense unless the Secretary grants a waiver or variance.7.5.d. A program shall not use an individual who failed to disclose a conviction or a finding of abuse or neglect unless the Secretary grants a waiver or variance.7.5.e. A program shall have protocols requiring:7.5.e.1. A staff member or volunteer to report his or her criminal pending charge, indictment, or conviction for a criminal offense to the program director within 24 hours;7.5.e.2. A staff member to report to the program director that he or she is subject of an abuse or neglect investigation;7.5.e.3. The program to notify the Secretary of the staff member's report within 24 hours; and7.5.e.4. That the program prohibit a staff member or volunteer who is accused of having sexually abused or otherwise injured a child or incapacitated adult from caring for or having contact with children pending the outcome of an investigation.7.5.f. If a program chooses to advocate for a waiver or variance for an employee, then it shall have policies and procedures regarding waivers or variances that do not conflict with Department policies. The staff person shall not have contact with the children until the Secretary reaches a decision on the waiver or variance unless the licensee and the Department agree to a written safety plan that permits the staff member to continue in a staff position until the Secretary reaches a decision.7.6. Staff Health. A program shall secure from the employee a recent health assessment performed not more than 90 days prior to the date hired for the employee and signed by a licensed health care provider. The health assessment shall be on file no later than 30 days from the first date of employment. A health assessment for a volunteer shall be on file if the volunteer is scheduled to work at least 40 hours per month in the program. The health assessment shall include:7.6.a. Any significant health history which the program needs to know in order to protect the health of the employee or the health and safety of children in care;7.6.b. Vision and hearing screening;7.6.c. A statement that the staff member has no known condition or disease which would interfere with the proper care of children; and7.6.d. A tuberculosis risk assessment or a tuberculosis screening by the Mantoux method, if a screening is indicated by the tuberculosis risk assessment that is on file upon hire.7.6.e. Staff health records as described in this section shall be updated every two years.7.7. Staff Responsibilities and Training Requirements.7.7.a. All staff must have sufficient education, training, and experience to provide the skills necessary for carrying out the essential functions of his or her job with or without reasonable accommodation;7.7.b. Prior to or during the first week of employment and prior to having sole responsibility for a group of children, a program shall provide orientation to the staff member that includes a review of: 7.7.b.1. The program's statement of purpose;7.7.b.2. Regulatory requirements;7.7.b.3. The center's administrative manual;7.7.b.5. Professional development plans;7.7.b.6. Reporting child abuse and neglect;7.7.b.7. Emergency and evacuation procedures;7.7.b.8. Procedures for basic sanitation and infection control;7.7.b.9. Procedures for maintaining an environment without hazards to children;7.7.b.10. Procedures for promoting safety, both indoors and outdoors;7.7.b.11. The daily schedule of the program and the specific schedule for the group of children to which the staff person is assigned, including the planned program of activities, routines, and transitions; and7.7.b.12. Communication at a program, including procedures to inform staff of any special dietary or other needs of the children for whom they will be responsible.7.7.c. A program shall document that orientation training was provided by having the staff member and program director sign a statement acknowledging receiving orientation training and shall keep the statement in the staff member's file.7.7.d. A program shall ensure that all staff members have approved training in: 7.7.d.1. Cardiopulmonary Resuscitation (CPR) and first aid within three months of employment or use provided a staff member who has received the training is present with children on or off site during the center's operation. The CPR certification and first aid shall be appropriate to the age of the children in care; and7.7.d.2. Abuse Recognition and Prevention. Within three months of employment or use, staff members shall have training in child abuse recognition and prevention.7.7.e. A program shall ensure that prior to any staff member administering medication; the staff member has received approved training in medication administration.7.8. Professional Development. 7.8.a. Programs shall have a professional development plan for each staff member employed more than 120 calendar days that includes a minimum of 12 clock hours of professional development annually for Directors and Site Supervisors and 8 clock hours of professional development annually for other staff positions. The professional development needs to be related to school age children or providing quality programs to school age children, or both. Except in the first year of employment, the clock hours do not include the training required in subdivision 7.7.d.7.8.b. All staff shall renew child abuse and neglect recognition every three years and keep first aid and CPR certification current.7.9. Staff Positions and Qualifications. 7.9.a. Director of an out-of-school-time program shall: 7.9.a.1. Be at least 21 years of age;7.9.a.2. Have at least one year of leadership experience in a school age program or similar program;7.9.a.3. Be responsible for the daily operation of the program and oversight of staff;7.9.a.4. Have a written work plan for the routine on-site presence for each site under his or her responsibility and shall post the on-site schedule where it is accessible to staff and parents; and7.9.a.5. Be responsible for appointing a person in charge to take responsibility for the operation of the program in his or her absence and be responsible for ensuring that there is a site supervisor for each site when the program operates multiple sites;7.9.b. Site Supervisor of an out-of-school-time program shall: 7.9.b.1. Be at least 21 years of age;7.9.b.2. Have 18 months of supervised relevant work experience;7.9.b.3. Be responsible for the day-to-day operation of a single site;7.9.b.4. Report to the program director; and7.9.b.5. Not act in the capacity of a group leader when more than 60 children are present in the program.7.9.c. Group Leader shall:7.9.c.1. Be at least 18 years of age;7.9.c.2. Have one year of supervised relevant work experience;7.9.c.3. Be able to supervise and implement program activities for a group of children with or without assistance; and7.9.c.4. Have primary responsibility for the direct care of children.7.9.d. Assistant Group Leader shall: 7.9.d.1. Be at least 18 years of age;7.9.d.2. Have met the requirements for a high school diploma or GED and will receive the same within six months;7.9.d.3. Work under the supervision of at least a Group Leader and shall assist in implementing program activities for a group of children.7.9.e. Student Intern shall: 7.9.e.1. Perform duties under the direct supervision of a Group Leader, Site Supervisor, or Director and in accordance with a training plan developed jointly by the educational or training institution and the center;7.9.e.2. Receive periodic supervision from the educational or training program sponsoring the intern; and7.9.e.3. If under the age of 18 years, not be responsible for a group of children or be left alone with a child or group of children.7.9.f. Teen aid shall:7.9.f.1. Be between the ages of 13 and 18 years;7.9.f.2. Be directly supervised by at least a Group Leader;7.9.f.3. Aid staff only in the delivery of program activity; and7.9.f.4. Not be responsible for a group of children or be left alone with a child or group of children.7.9.g. Driver. A driver shall:7.9.g.1. Be at least 21 years of age;7.9.g.2. Have a valid driver's license that authorizes the driver to operate the vehicle being driven;7.9.g.3. Upon hire, have evidence of a safe driving record for the five-year period prior to hiring and have no record of DUI related convictions for a five-year period;7.9.g.4. Not be impaired to drive at the time of transporting children including, but not limited to, impairment caused by medications; and7.9.g.5. Maintain a safe driving record while employed.