Current through Register Vol. XLI, No. 44, November 1, 2024
Section 78-2-3 - Definitions3.1. Aftercare. --Services to be provided subsequent to a child's discharge from placement as identified in the discharge plan.3.2. Agency. - A child placing agency.3.3. Case Record. -- A comprehensive collection of information about a child in the care of a child placing agency.3.4. Certificate of License. -- A written certificate issued by the Secretary authorizing an individual, corporation, partnership, voluntary association, municipality, county or an agency thereof, to provide specified child placing services for a limited period of time in accordance with the terms and conditions of the certificate and this rule.3.5. Child. -- A person less than 18 years of age or is a transitioning adult.3.6. Child Abuse and Neglect. -- Any act or omission that creates an abused child or a neglected child as those terms are defined in W. Va. Code § 49-1-201.3.7. Child Placing Agency. - A child welfare agency organized for the purpose of placing children in private family homes for foster care or for adoption. The function of a child placing agency may include the assessment and certification of foster family homes as provided in W. Va. Code § 49-1-101, et seq. The function of a child placing agency may also include the supervision and support of youth or transitioning adults who are 17 to 26 years old and living in unlicensed residences.3.8. Child's Case Plan. - A comprehensive document prepared by the Department pursuant to the requirements of W. Va. Code § 49-4-604 following an adjudication by the court that the child is an abused or neglected, or both, child, that directs the provision of all casework services including the services provided to the child.3.9. Child-specific training. -- Training provided to respond to the individualized needs of a child. 3.10. Criminal History Background Check -- A review of information pursuant to the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code § 16-49-1, et seq., and 69 CSR 10, and an examination of protective service records to determine eligibility for employment or participation under this rule.3.11. Crisis Intervention Skills and Techniques. - Methods used to de-escalate situations that could result in harm to persons or property.3.12. Crisis Support. --The use of crisis intervention skills and techniques.3.13. Department. --The West Virginia Department of Health and Human Resources.3.14. Discharge. -- The termination of a child's services with an agency.3.15. Disruption. -- A change that results in the decision that an adoptive or foster care placement will not continue.3.16. Foster Family Home. - A private residence that is used for the care on a residential basis of no more than six children who are unrelated by blood, marriage, or adoption to any adult member of the household.3.17. Goal. - An expected result or condition that takes time to achieve, is specified in a statement of relatively broad scope, and provides guidance in establishing intermediate objectives directed toward its attainment.3.18. Guardian. - A person or persons, the Department, or the Division of juvenile Services, who has legal custody of a child, as a result of any contract, agreement, or legal proceedings.3.19. Governing Board. -- The group of persons that has the administrative control and legal authority to set policy and oversee operations of an agency.3.20. Incident. - An act, or series of acts or behaviors, that place a child or others at risk.3.21. Initial Plan of Care. - A plan developed when the child initially enters placement to ensure that the child receives appropriate care while in placement. If the child is in the Department's custody, and if a Safety Plan or a Child's Case Plan exists, they must be incorporated in the Intake Service Plan.3.22. Institutional Investigative Unit. -- A unit of the Department authorized by the Secretary to investigate complaints of child abuse or neglect in an agency.3.23. Life Skills. -- Tasks, abilities, or knowledge required to perform the activities of daily living.3.24. Multidisciplinary Treatment Team or Multidisciplinary Team (MDT). -- A treatment team that includes the individuals listed in W. Va. Code § 49-4-405(b) or § 49-4-406(d)(2), as the case may be, who assess, plan, and implement a comprehensive, individualized service plan for the child.3.25. Normalcy. -- A practice of allowing children and youth in out-of-home care to experience childhood and adolescence in ways similar to their peers who are not in foster care.3.26. Objective. -- An expected result or outcome that is stated in measurable terms, has a specified time for achievement, and is related to the attainment of a goal.3.27. Placement. -- Any temporary or permanent living arrangement of a child who is in the custody of the state in any foster home, group facility, or other approved living setting.3.28. Placement Agreement. --A written document signed by the child's parent or guardian and a representative of the agency, that specifies the terms of the child's placement.3.29. Plan of Correction. -- A written agreement between the Department and an agency that outlines the steps an agency shall take to correct deficiencies identified by the Department through an inspection or the investigation of a complaint.3.30. Policy. -- A statement of the principles that guide and govern the activities operations of a program. This term is interchangeable with "procedure" depending on the organization of the agency.3.31. Procedures. --The methods by which a policy is carried out.3.32. Program. -- A system of services provided to those persons who use the agency.3.33. Psychotropic Medication. -- Any drug that affects brain activities associated with mental processes and behaviors.3.34. Reasonable and prudent parent standard. -- The standard characterized by careful and sensible parental decisions that are reasonably intended to maintain the health, safety and best interests of a child while at the same time encouraging the emotional and developmental growth of the child that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural and social activities.3.35. Respite Care. -- Alternative short-term care.3.36. Restraint. -- Restriction of a child's freedom of movement as a means to avoid imminent harm.3.37. Rules. - A set of requirements issued by the Secretary to regulate child placing agencies.3.38. Scattered-Site Living Arrangement. - A living arrangement where youth, age 17 to 26, live in a setting that allows staff to be available as needed depending on the youth's level of autonomy. Sites are in community environments to allow the youth full access to services and resources in order to fully develop independent living skills.3.39. Secretary. - The Secretary of the Department of Health and Human Resources or his or her designee.3.40. Self-disclosure Application and Consent Form. -- A signed declaration of criminal convictions, indictments, and court ordered supervision and authorization to allow a criminal history background check as required by the WV CARES process.3.41. Service Plan. -- A comprehensive, time limited, goal oriented, individualized plan based on a thorough evaluation of the child's needs that describes the services, interventions and educational needs of a child in care, incorporating any Child's Case Plan or Safety Plan developed through the MDT process.3.42. Statement of Child/Adult Abuse or Neglect History Form. -- A document signed by an employee or prospective foster or adoptive parent granting permission to conduct a search of Department records related to his or her involvement in adult or child abuse or neglect allegations or findings, or other investigations documented by the Department.3.43. Supervised Group Setting. - A setting where youth 17 to 21 live with staff on site or are available 24 hours per day and 7 days per week. In this setting staff provide face-to-face daily contact with youth.3.44. Trafficking. -- Knowingly recruiting, transporting, transferring, harboring, receiving, providing, obtaining, isolating, maintaining, or enticing an individual to engage in debt bondage, forced labor or sexual servitude. For minors, sexual servitude means maintaining or making a minor available for the purpose of engaging the minor in commercial sexual activity. Children can be sexually exploited through prostitution, pornography, or erotic entertainment.3.45. Transitioning Adult. - An individual with a transfer plan to move to an adult setting who meets one of the following conditions: (a) is 18 years of age but under 26 years of age, was in the custody of the Department upon reaching 18 years of age and committed an act of delinquency before reaching 18 years of age, remains under the jurisdiction of the juvenile court, and requires supervision and care to complete an education, employment, or treatment program, or requires transitional supportive services, or (b) is 18 years of age under 26 years of age, was adjudicated abused, neglected, or in the custody of the Department upon reaching 18 years of age and enters into an agreement with the Department to continue in an educational, training, or treatment program or receive supportive transitional services.3.46. Transitional Living. -- A supervised or semi-supervised living arrangement program developed to assist children in the custody of the Department or who were in the custody of the Department in acquiring skills and competencies to become independent and transition to adulthood.3.47. Universal Precautions -- A collection of medically related behaviors, procedures, and protocols designed to minimize the risk of disease transmission and contamination.3.48. Variance. - A written declaration by the Secretary that a certain requirement of this rule may be satisfied in a manner different from the manner set forth in the rule.3.49. Waiver. -- A written declaration by the Secretary that a certain requirement may be treated as inapplicable in a particular circumstance.