W. Va. Code R. § 78-2-6

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

Section 78-2-6 - Governance

6.1. Administrative Policies.

6.1.1. An agency shall develop and maintain policies and procedures, including the dates of implementation, and make them available to employees.

6.1.2. An agency shall operate in accordance with its policies and procedures.

6.2. Legal Operating Authority.

6.2.1. An agency shall establish proof of the legal authority for the operation of the agency by proof of a certificate of existence or authorization issued by the West Virginia Secretary of State confirming that an agency is organized to do business in the state and is in good standing.

6.2.2. An agency shall retain its charter, bylaws, partnership agreement, articles of association or incorporation or other documentation at its principal place of business available for inspection, including complete information about the owners, and a list of the names, addresses, phone numbers, and terms of office for the officers and governing board.

6.3. Governing Board.

6.3.1. An agency shall establish a governing board or other supervisory structure whose responsibilities include:

6.3.1.a. Approving policy, defining, and overseeing services, and being legally accountable for the operation of an agency; and

6.3.1.b. Approving the policies relating to the operation of its services and programs and compliance with W. Va. Code § 49-2-101, etseq., and this rule.

6.3.2. The governing board shall meet a minimum of twice per year and keep a permanent written record of the minutes of all meetings of the board and its committees.

6.3.3. The agency shall appoint a full-time executive director or similar administrative position to manage the daily operations of an agency.

6.3.4. The agency shall notify the Secretary in writing of a change in the executive director position.

6.3.5. An agency shall not permit an employee, member of an employee's family, or an employee of a public agency that regulates, purchases the services of, or is responsible for placement decisions, to serve on the governing board of the agency.

6.4. Standards of Ethical Conduct.

An agency shall develop, implement, and maintain written standards of ethical conduct for its governing board and its employees.

6.5. Confidentiality.

6.5.1. Anyone who obtains confidential information while implementing W. Va. Code § 49-2-101, et seq., may disclose it only to persons demonstrating a need that is essential to this rule or as required by law.

6.5.2. An agency shall maintain the confidentiality of all records in accordance with the provisions of W. Va. Code § 49-5-101 and other applicable laws.

6.5.3. An agency that maintains records by electronic storage means shall secure them against loss, tampering, or unauthorized use in accordance with the provisions of W. Va. Code § 61-3C-1etseq.

6.5.4. An agency shall maintain policies and procedures for the disclosure, maintenance, and security of its records.

6.5.5. An agency shall provide specific training for employees, foster parents, and adoptive parents on policy and procedures for confidentiality and information disclosure.

6.5.6. An agency shall obtain the written consent of the child's biological parents or guardian before a child may participate in a publicity event for the agency.

6.5.7. An agency shall use any photographs, audio or video recordings, or statements of a child in placement only in a manner that respects and promotes the best interests of the child and with permission of the child's biological parent or guardian.

6.5.8. An agency shall secure records against loss, tampering, or unauthorized use by maintaining records in an appropriate storage space and by establishing a procedure for restricting access to records to authorized employees.

6.5.9. An agency shall delete an individual's name and other identifying information when its disclosure may violate the right of privacy.

6.5.10. An agency shall delete an individual's name and other identifying information when using it for educational or research purposes.

6.5.11. When an agency ceases operation, it shall develop and implement a procedure for the secure storage or disposition of all of its records.

6.6. Records.

6.6.1. Children in Placement. Each child's record shall include:

6.6.1.a. The child's name, social security number, gender, race, biological family's religious preference, if any, and birth date;

6.6.1.b. An itemized list of the documents in the record that are required to be maintained by this rule;

6.6.1.c. A current photograph that is to be updated annually;

6.6.1.d. The name, address, telephone number and marital status of the child's biological parents or guardian;

6.6.1.e. The names, addresses, and telephone numbers of the foster or adoptive parents where the child is placed, including the dates of placement and removal;

6.6.1.f. The date of placement, name, address and telephone number of the referring agency, and the name of the placing worker and his or her supervisor;

6.6.1.g. The names, addresses, and telephone numbers of the medical and other professional persons directly involved in providing ongoing care for the child;

6.6.1.h. Information about the child's allergies, medical conditions, or current prescribed medications;

6.6.1.i. The name, address and telephone number of the child's school, the name of the primary teacher or other school contact person, or the name, address, and telephone number of the child's employer;

6.6.1.j. The placement agreement;

6.6.1.k. Consent forms signed by the biological parents or guardian authorizing the agency to provide all necessary services and care; and

6.6.1.l. An individualized strength-based assessment.

6.6.2. Foster and Adoptive Parents. Each record for foster or adoptive parents shall include:

6.6.2.a. The names, birth dates, and schools or work places for each household member, and the social security numbers of the household members over age 18;

6.6.2.b. The address, telephone number and directions to the foster or adoptive parent's home;

6.6.2.c. The date and type of certification as foster or adoptive parents;

6.6.2.d. A list of all placements with the child's name, dates of placement and removal, and a removal summary statement;

6.6.2.e. Documentation and verification of the foster or adoptive parent's financial status, marital status, medical examination, and a written report of the interviews with their references;

6.6.2.f. Narrative reports of the initial home study, annual home safety assessment and recertification;

6.6.2.g. A letter of approval or denial from the agency including terms and conditions of the approval or denial and any other written agreements;

6.6.2.h. Documentation of pre-service training and continuing training as required under this rule;

6.6.2.i. A written statement of acknowledgment by the foster or adoptive parents that they have received a copy of the policies and procedures of the agency regarding the care and placement of a child;

6.6.2.j. WV CARES self-disclosure and consent form, a fitness determination of eligibility from the Department, and any approved variances or waivers from the Secretary;

6.6.2.k. A completed "Authorization and Release for Protective Service and Provider Record Checks" form;

6.6.2.l. Special incident reports, investigations of child abuse or neglect allegations, noncompliance with the agency's policies or procedures or the requirements of this rule;

6.6.2.m. Plans of correction; and

6.6.2.n. The date of closure and closure summary report.

6.6.3. Employees. Each record for an employee shall include:

6.6.3.a. The employee's position, title, .j.ob description, date of hire and date of separation from employment;

6.6.3.b. Documentation of credentials and certifications;

6.6.3.c. Reports of any actions or incidents relating to employment;

6.6.3.d. Verification of completion of required training, including information on the course title, date and hours of instruction, and the name of the instructor;

6.6.3.e. WV CARES self-disclosure application and consent form, a fitness determination of eligibility form the Department, and any approved variances or waivers from the Secretary;

6.6.3.f. A Completed "Authorization and Release for Protective Service Checks" form;

6.6.3.g. Acknowledgment of receipt of the agency's employee manual; and

6.6.3.h. A notice of resignation or termination from the agency.

6.7. Operating Oversight.

6.7.1. An agency shall establish an emergency telephone system that is available 24 hours a day, seven days a week, and have procedures in place for:

6.7.1.a. Reporting an allegation of abuse or neglect to the director, the Institutional Investigative Unit, the placing worker, and the child abuse hotline;

6.7.1.b. Reporting an emergency or an incident of harm, abuse or neglect, a suicide attempt, suspected criminal activity, .juvenile delinquent activity, a medical emergency, a death, or suspected use of illicit substances;

6.7.1.c. Identifying and reporting a child who is absent without permission to the guardian or child abuse hotline and a law enforcement authority immediately after determining the child cannot be located;

6.7.1.d. Reporting an incident in which the child is removed from the present location and from further contact with the alleged adult offender until an investigation is complete, medical care is obtained and law enforcement is notified;

6.7.1.e. Writing a report of the emergency or incident to the director within 48 hours of the date of the emergency or incident, that includes a description of the emergency or incident, the date and time it occurred, names of the individuals involved, precipitating factors, statements of witnesses, immediate actions taken by employees or other persons and other relevant information concerning the incident;

6.7.1.f. Changing the child's service plan or changing policy and procedures at the recommendation of the Secretary following an emergency or incident; and

6.7.1.g. Training employees and foster or adoptive parents in the procedure for emergencies and incidents.

6.7.2. An agency shall train employees and foster or adoptive parents on the universal precaution procedures.

6.7.3. An agency's protocol shall:

6.7.3.a. Identify when employees and foster or adoptive parents are found to be in substantiated noncompliance with its policies and procedures that require a plan of correction or that provide grounds for suspension, dismissal, or closure; and

6.7.3.b. Establish time limits on the plan of correction and provide for its monitoring.

W. Va. Code R. § 78-2-6