Current through Register Vol. XLI, No. 50, December 13, 2024
Section 78-19-4 - Certificate of Registration Information4.1. Application for Registration. 4.1.a. Initial. -- The department shall issue an initial certificate of registration to a family child care home upon application and self-certification of compliance with this rule.4.1.b. Renewal. -- The family child care home shall submit an application for renewal of a current certificate of registration at least 30 days before expiration of the certificate.4.2. General Requirements. 4.2.a. A family child care home shall: 4.2.a.1. Be registered under the name of only one caregiver per residence;4.2.a.2. Be located in the residence of the caregiver;4.2.a.3. Operate no longer than 18 consecutive hours within a 24-hour period. A six- hour break must be taken every 18 hours; and4.2.a.4. Comply with the provisions of this rule.4.3. Departmental Action on Applications for Registration. 4.3.a. Within 60 days of receipt of an application for certificate of registration, the secretary shall provide a written decision to the family child care home that does one of the following: 4.3.a.1. Issues a regular certificate of registration if the family child care home certifies compliance with all of the requirements of this rule;4.3.a.2. Issues a provisional certificate of registration if the family child care home is temporarily unable to certify compliance with all of the requirements of this rule; or4.3.a.3. Denies a certification of registration if the family child care home does not certify substantial compliance with all of the requirements of this rule.4.4. Terms and Conditions of Registration.4.4.a. A certificate of registration is not transferable to another family child care home.4.4.b. A certificate of registration applies only to the family child care home at the location identified in the application.4.4.c. A family child care home shall publicly display a valid certificate of registration.4.4.d. A record of all substantiated non-compliance complaints against registered family child care homes and subsequent corrective action shall be maintained by the department and made available to parents and the public upon request.4.5. Types of Certificates of Registration. 4.5.a. A regular certificate of registration is valid for a period of up to two years from the date of issuance unless revoked or modified to a provisional status.4.5.b. A provisional certificate of registration is valid for six months from the date of issuance and may not be reissued unless it is the recommendation of the State Fire Marshal.4.6. Limitations on a Certificate of Registration.4.6.a. The secretary may place limitations on a certificate of registration based on findings: 4.6.a.1. Of insufficient space in the home;4.6.a.2. Of inadequate sleeping areas;4.6.a.3. Of the provision of other home-based services, such as foster care and adult family care; or4.6.a.4. That require a corrective action plan approved by the secretary.4.6.b. The limitations may apply to: 4.6.b.1. The age, sex, and type of problems of children in care;4.6.b.2. The intake of additional children; or4.6.b.3. The total number of children in the home.4.7. Waivers and Variances.4.7.a. A family child care home may request a waiver or variance of any requirement in this rule if: 4.7.a.1. The health, safety, or well-being of children in the home is not adversely affected; and4.7.a.2. The rule does not prohibit a waiver or variance for the requirement.4.7.b. The request for a waiver or variance shall be in writing, addressed to the secretary, and shall include the following information:4.7.b.1. The specific requirement to be waived or varied;4.7.b.2. The reasons for seeking a waiver and why a specific requirement should not be applied in a particular circumstance; and4.7.b.3. The reasons for seeking a variance and how compliance with a specific requirement of this rule can be accomplished in a manner different from that set forth in W. Va. Code § 49-2-101et seq., or in this rule.