W. Va. Code R. § 78-2-15

Current through Register Vol. XLI, No. 44, November 1, 2024

Section 78-2-15 - Safety Requirements for Foster and Adoptive Homes

15.1. An agency shall ensure that the physical facilities of a foster or adoptive home present no health or safety hazards, and that they are sufficiently clean and comfortable to ensure the well-being and respect of the family in the community. Cosmetic damages shall not be considered health or safety hazards so long as the damage does not affect the safety or wellbeing of a child.

15.2. An agency shall ensure that all approved homes have recreation spaces available to children that are appropriate for their ages.

15.3. For sleeping, an agency shall ensure that:

15.3.1. Each child shall have an individual bed that is not a cot or roll away bed;

15.3.2. A maximum of four children may share a bedroom;

15.3.3. A child shall not share a bedroom or a bed with an adult, or a child of the opposite sex. A child less than two years old may temporarily share a bedroom;

15.3.4. A child's bedroom may not be used for any other purpose;

15.3.5. A child's bedroom located in the attic or basement shall meet the same standards as all bedrooms in the home; and

15.3.6. Notwithstanding the above, a dedicated sleeping space as appropriate for the child's needs and age shall be permitted so long as it is similar to the sleeping spaces for other household members.

15.4. An agency shall ensure that the foster or adoptive home has an operative telephone which may be a landline or cellular service; alternative devices such as citizen band radios must be approved prior to use. In the event having a telephone is contrary to a family's religious beliefs, the agency shall ensure that emergency situations can be adequately addressed and that appropriate contacts can be made with the family and the child in a timely manner.

15.5. An agency shall ensure that household items including cleaning supplies, toxic or flammable materials, medicines, and non-refrigerated alcoholic beverages that may be hazardous to a child are stored in areas inaccessible to children.

15.6. An agency shall ensure that weapons, related attachments, and ammunition are stored in a locked container inaccessible to children.

15.7. An agency shall require a fire safety plan with the following:

15.7.1. That a home has a fire escape plan that includes a diagram of the rooms, the escape routes, and an outside meeting place;

15.7.2. That all age appropriate children will be walked through the fire escape plan and route with the foster or adoptive parent within 24 hours of placement;

15.7.3. That a battery-operated smoke detector be located near a child's bedroom;

15.7.4. That a fire extinguisher of a minimum of five pounds be located in the kitchen;

15.7.5. That outlets and plug-in extensions, and kitchen, heating and other electric appliances have standard UL approved safety features and be clear of combustible materials;

15.7.6. That electrical circuits be protected by a maximum 20-amp fuse or circuit breaker; and conform to reasonable safety standards; and

15.7.7. That an operative flashlight be easily accessible for emergency lighting.

15.8. An agency shall ensure that all mobile homes under consideration for placement homes are manufactured after 1976.

15.9. An agency shall ensure that non-municipal water used in a home is tested and determined to be safe.

15.10. An agency shall ensure that children are not housed in detached housing or unapproved rooms.

15.11. An agency shall ensure that hot water heaters have a safety valve and supply sufficient hot water to adequately meet household requirements.

15.12. An agency shall ensure that all animals owned by the foster or adoptive parents that come in contact with a child in placement are vaccinated as required by state law.

W. Va. Code R. § 78-2-15