W. Va. Code R. § 78-2-4

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

Section 78-2-4 - Licensing Information and Provisions

4.1. Child Placing Licensing Requirements.

4.1.1. Before establishing or operating a Child Placing Agency or accepting children for placement in the State of West Virginia, an agency, other than one operated by the state, shall obtain a license from the Secretary.

4.1.2. A regular license is valid for up to two years from the date of issuance, unless revoked or modified to provisional status.

4.1.3. A license is valid only for the agency named in the application and is not transferable.

4.1.4. When the ownership of an agency changes, the new owner shall apply for a license.

4.1.5. An agency shall post the license in a conspicuous place at its principal place of business.

4.2. Application Procedures for a License.

4.2.1. To apply for a license, an agency shall submit a completed application obtained from the Department and the following additional written information:

4.2.1.a. Documentation of the legal authority authorizing the organization of the agency;

4.2.1.b. A list of the members of the governing board and employees of the agency;

4.2.1.c. The agency's mission statement;

4.2.1.d. The agency's description of the expectation for the biological families' involvement in supporting the health and welfare of their children;

4.2.1.e. An operating budget for the first fiscal year of operation and documentation of funds in escrow or a credit line equal to the operating budget projected for a six-month period;

4.2.1.f. A statement from an independent certified public accountant (CPA) that proper accounting procedures, including an annual audit from a CPA, are in place for the agency;

4.2.1.g. Proof of liability and fire insurance;

4.2.1.h. A copy of the agency's administrative manual;

4.2.1.i. The packet of forms that will be used to compile complete case records for children, foster or adoptive parents, and employees of the agency;

4.2.1.j. The orientation training curriculum for foster and adoptive parents;

4.2.1.k. The agency's employment policies, including detailed .j.ob descriptions and the hiring plan;

4.2.1.l. A plan for the training, supervision, and evaluation of employees of the agency;

4.2.1.m. Information on current agency employees; and

4.2.1.n. The fee or reimbursement schedule and procedures for payment of fees or reimbursements to foster and adoptive parents.

4.2.2. The agency is sub.j.ect to an investigation or a review process that includes but is not limited to:

4.2.2.a. Evaluation of the quality of the program, the proposed services, and the agency's ability to carry them out effectively in the best interest of the children to be served;

4.2.2.b. Complete background information on the applicant and the principal owners, including a financial statement and character references;

4.2.2.c. A "Fitness Determination" pursuant to the provisions of WV CARES for each applicant, owner, and employee of the agency; and

4.2.2.d. A tuberculosis risk assessment for direct service employees prior to initial assignment.

4.3. Types of Licenses

Following application review, on-site inspection and an approved plan of correction, if necessary, the Secretary shall issue a license in one of three categories: initial license, provisional license and renewal license, if there is compliance with this rule and W. Va. Code § 49-2-115.

4.4. Amendment of a License. When implementing a new service or changing a program, an agency shall submit to the Department an application for a proposed amendment to the license.

4.5. Renewal of a License. An agency shall submit a renewal license application form to the Secretary not less than 60 days prior to the expiration of the current license, and any additional information requested.

4.6. Revocation of a License.

4.6.1. The Secretary may revoke an agency's license based on failure to maintain compliance with the provisions of W. Va. Code § 49-2-117et seq., the requirements of this rule, the terms and conditions of its license and any plan of correction.

4.6.2. When the Secretary determines that an agency's operation constitutes a risk of harm to a child placed by that agency, he or she shall issue an order of closure terminating operation of the agency.

4.6.3. When the Secretary has revoked its license, an agency shall not operate pending administrative or .j.udicial review, or without a court order.

4.6.4. When a license is revoked by the Secretary, he or she shall immediately direct the placement of children in the care of that agency into alternative care.

W. Va. Code R. § 78-2-4