W. Va. Code R. § 78-1-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 78-1-3 - Definitions

3.1. Adequate Supervision. -- The observation, oversight, and guidance of the individual child or groups of children, by the staff member taking responsibility for the ongoing activity of each child or group of children so that the staff member is close enough to intervene, if necessary, to protect the child from harm. Adequate supervision requires the staff member's physical presence, knowledge of the child's program of activities, individual needs, habits, interests, and special problems, if any, and the acceptance of accountability for the child's or groups of children's care.

3.2. Approved Training. -- Training or professional development that has been approved by the Secretary.

3.3. Approved Training Source. -- A training provider that has been approved by the Secretary.

3.4. Authorization and Release for Protective Services Record Check. - A document provided by the Department, signed by a center's prospective staff member or employee, granting permission to conduct a search of Department records related to his or her involvement in child or adult abuse and neglect allegations or other investigations documented by the Secretary.

3.5. Certificate of Approval. -- A written certificate issued by the Secretary stating that a child care center operated by the state meets requirements in accordance with the terms and conditions of the certificate and this rule.

3.6. CDA (Child Development Associate) Credential. -- The national early childhood credential administered by the Council for Early Childhood Professional Recognition.

3.7. Child. -- For the purpose of this rule, an individual who is less than 13 years of age.

3.8. Child Abuse and Neglect. -- Physical injury, mental or emotional injury, sexual abuse, sexual exploitation, the sale or the attempted sale or negligent treatment or maltreatment of a child by a parent, guardian, or custodian responsible for the child's welfare, under circumstances which harm or threaten the health and welfare of the child.

3.9. Child Care Center. -- A facility maintained by the state or any county or municipality thereof, or any agency or facility operated by an individual, firm, corporation, association, or organization, public or private, for the care of 13 or more children for child care services in any setting, if the facility is open for more than 30 days per year per child, except:

3.9.a. A kindergarten through grade twelve education program, that is operated by a public school or that is exempt from the compulsory school attendance law by the state department of education;

3.9.b. A West Virginia Pre-K classroom operated by a county Board of Education in a public-school setting;

3.9.c. Any other kindergarten, preschool or school program that operates with sessions not exceeding four hours per day for any child;

3.9.d. An individual or facility that offers occasional care of children for brief periods while parents are shopping, engaging in recreational activities, attending religious services, or engaging in other business or personal affairs;

3.9.e. Hospitals or other medical facilities that are primarily used for temporary care of children for treatment, convalescence, or testing; and

3.9.f. Persons providing care solely for children related to them.

3.10. Continuous Supervision. -- The availability and responsibility of a staff member to assist with child care at all times.

3.11. Core Knowledge and Core Competencies of Early Childhood Educators. -- The sets of observable skills and knowledge that represent common standards of satisfactory practice in the early childhood field in the state of West Virginia.

3.12. 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 § 16-49-1et seq., 69CSR10, and an examination of protective service records to determine eligibility for employment or participation under this rule.

3.13. Day Camp. -- A school-age program that is operated when school is not in session, for no more than 12 hours per day and is not primarily outdoor based.

3.14. Designated Activity Area. -- Room divisions within the center that define limits and reduce distractions. These divisions shall include a temporary wall or physical barrier that is at least three feet in height.

3.15. Direct Supervision. -- When a qualified staff member is physically present in the same room, area, or vehicle with the child or group of children, visually monitoring the interactions of the children.

3.16. Disinfect. -- Eliminate virtually all germs from an inanimate surface through the use of chemicals or heat.

3.17. Driver. -- A staff member who transports center children more than three times per week or a staff member whose job function is to transport children served by the child care center.

3.18. Early Care and Education Field. -- An area of study that relates to child development, early childhood from birth to eight years of age, child and family studies, early childhood special education or other early childhood fields.

3.19. Evening Care. -- Care provided after seven o'clock in the evening to a child who does not stay overnight.

3.20. Field Trip. -- An excursion or special outing away from the site where program activities regularly occur.

3.21. Full-time Director. -- A director who is present at the center for a minimum of one-half of the hours the center is in operation during a seven-day period, or 35 hours during the same seven-day period, whichever is less.

3.22. GED. -- A certificate verifying passage of a test of General Educational Development recognized as equivalent to a high school diploma.

3.23. Governing Body. -- The individual owner of the center or the group of persons that have the administrative control and legal authority to set policy and oversee operations of a child care center.

3.24. Group. -- A specific number of children, distinct from the larger population of children, who regularly meet together and interact with each other and with one or more specific staff members, in an assigned space. The size of the group and required number of staff are determined by the staff-to-child ratio set out in this rule.

3.25. Immediate Area. -- Within reach, easily accessible and in the same room.

3.26. Infant. -- A child between the age of six weeks and the age of ambulation and walking, usually through 12 months.

3.27. Level I Field Trip. -- An excursion or outing to a destination that is 30 minutes or less from the center or from the site where program activities regularly occur.

3.28. Level I Water Activity. -- Any activity occurring in or near water 18 inches deep or less.

3.29. Level II Field Trip. -- An excursion or outing to a destination that is more than 30 minutes from the center or from the site where program activities regularly occur.

3.30. Level II Water Activity. -- Any activity occurring in or near water with a depth of more than 18 inches.

3.31. License. -- A written certificate issued by the Secretary authorizing a person, corporation, partnership, voluntary association, municipality, county, or any agency thereof, to operate a child care center in accordance with the terms and conditions of the license and this rule.

3.32. Licensed Capacity. -- The maximum number of children permitted in a center.

3.33. Licensed Health Care Provider. -- For the purpose of this rule, an individual who holds a license to practice in West Virginia as a physician, doctor of medicine or (MD), doctor of osteopathy (DO) or, physician's assistant (PA), chiropractor or nurse practitioner.

3.34. Licensee. -- The holder of a license or certificate of approval obtained from the Secretary to operate a child care center in West Virginia.

3.35. Medical Plan of Care. -- A document that provides specific health care information, including any medications, procedures, precautions, or adaptations to diet or environment that may be needed to care for a child with chronic medical conditions or special health care needs. Medical plans of care also describe signs and symptoms of impending illness and outline the response needed to those signs and symptoms.

3.36. Medication Error. -- An error caused by either:

3.36.a. Failure to administer a dose of medication; or

3.36.b. The administration of a medication:

3.36.b.1. To the incorrect child;

3.36.b.2. In the incorrect dosage;

3.36.b.3. At the incorrect time, other than within 30 minutes before or after the scheduled time;

3.36.b.4. In the incorrect form;

3.36.b.5. By the incorrect method or route; or

3.36.b.6. That is incorrect itself.

3.37. Moderate to Vigorous Physical Activity. -- Levels of activity that are conducted at varying intensities. Moderate physical activity is faster than a slow walk, but still allows children to talk easily It increases the heart rate and breathing rate. Vigorous physical activity is rhythmic, repetitive physical movement that uses large muscle groups, causing children to breathe rapidly and only enabling them to speak in short phrases. Typically, children's heart rates are substantially increased, and they are likely to be sweating. Toddlers and preschoolers generally accumulate vigorous physical activity over the course of the day in very short bursts, usually 15 to 30 seconds.

3.38. Multifunction school activity bus. -- Any vehicle operated by the center that can carry 11 or more passengers meeting the federal motor safety standards applicable to school buses with some exclusions regarding traffic control devices.

3.39. Night Time Care. -- Care provided to the child who stays during nighttime hours or overnight, which may include the time usually designated as sleep time.

3.40. Out-of-school Time Program. -- A program that offers activities to children before and after school, on school holidays, when school is closed because of an emergency, and on school calendar days set aside for teacher activities.

3.41. Parent. -- The biological or adoptive parent or parents of a child, a person or persons, or the Department, who has legal custody of a child, or the lawful guardian of a child.

3.42. Person-in-Charge. -- The qualified staff member with responsibility for the daily operation of the center at any specific time.

3.43. Plan of Correction. -- A written agreement between the Department and a center, approved prior to implementation, that outlines the steps the center shall take to correct deficiencies identified by the Secretary through an inspection or the investigation of a complaint.

3.44. Practicum Contact Hour. -- A period of supervised experience recognized for credit toward a credential by an educational institution or similar organization.

3.45. Pre-service Training. -- Training completed by all child care staff and applicable volunteers as required by the S1086 Child Care and Development Block Grant (CCDBG) Act of 2014, Section I. Health and Safety Requirements (Pre-Service training modules 1-10 Safe Spaces, Emergency Preparedness, Hazardous Materials, Shaken Baby, Safe Sleep/Sudden Unexpected Infant Death Syndrome (SUIDs), Infectious Diseases, Medication Administration, Food Allergies, Transportation, and Child Development must be completed to meet compliance).

3.46. Professional Development. -- A continuum of learning and support opportunities designed to prepare individuals for work with and on behalf of young children and their families, as well as opportunities that provide ongoing experiences to enhance this work. Professional development programs encompass both education and training programs.

3.47. Qualified Staff. -- A staff member who has a high school diploma or GED and meets the requirements under this rule for the position of director, assistant director, lead teacher, teacher, assistant teacher, or teaching assistant.

3.48. Registered Apprenticeship Certificate for Child Development Specialist. -- A nationally recognized credential awarded by the United States Department of Labor for the successful completion of a combination of classroom and on-the-job training.

3.49. Related Field. -- As approved by the Secretary, an area of study that includes credit hours associated with the early child care and education field, including elementary education, social work, recreation and leisure studies, nursing, counseling, psychology, and administration related to the care and education of the child from birth through 12 years of age.

3.50. Relevant Work Experience. -- Work that is directly with or on behalf of children from birth through 12 years of age, and their families in areas of supervision, leadership, or management; program coordination, development, or regulation; training, instruction, or technical assistance; or evaluation or research. Private or family child care is considered relevant work experience only if the care was regulated care and can be verified.

3.51. Responsible Person. -- A parent, center staff member, or other person designated by the parent in written information to drop off or pick up the child.

3.52. Sanitize. -- Destroy pathogens on food contact surfaces, such as utensils, cups, and glasses through the use of processes involving chemicals or heat that do not pose a threat to food safety.

3.53. Secretary. -- The Secretary of the Department of Health and Human Resources or his or her designee.

3.54. School -Age Child. -- A person who is between five and 13 years of age and is eligible to attend school or is enrolled in grades K-12.

3.55. School-Age Program. -- Services provided by a center for the care and supervision for school-age children. These programs include summer recreation camps, day camps and out-of-school time programs.

3.56. Screen Media. -- Forms of communication or entertainment viewed on a screen such as televisions, computer monitors, digital gaming equipment, etc.

3.57. 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.

3.58. Serious Injury. - An injury sustained while the child is in care that requires medical care beyond immediate first aid.

3.59. Serious Occurrence. -- An event that either harms or could potentially harm a child or compromises the operation of the center. It may include:

3.59.a. A child who dies while in care;

3.59.b. A child who is injured while in care to the extent that the child requires medical care beyond immediate first aid;

3.59.c. A diagnosed reportable communicable disease that is introduced in the center;

3.59.d. A medication error that occurs;

3.59.e. A legal action involving or affecting the operation of the center;

3.59.f. A serious violation of a licensing requirement, such as use of physical punishment or failure to supervise; or

3.59.g. A report given to Child Protective Services of suspected abuse or neglect of a child at the center.

3.60. Special Activities. -- Potentially dangerous organized recreation that require special technical skills, safety equipment, safety regulations, or involve fire or heat-producing equipment. These include, but are not limited to, Level II water activities, archery, gymnastics, karate, horseback riding, bicycling, rock climbing, spelunking, hiking, and cookouts.

3.61. Staff Member. -- Any center personnel, including substitutes and student interns, whether or not he or she receives compensation.

3.62. Staff-to-Child Ratio. -- A relationship which describes the number of children that one qualified staff member or substitute is permitted to supervise. The number varies according to the ages and developmental levels of the children and the types of activities in which they are participating.

3.63. Substitute. -- An individual who is present at the center to maintain the staff-to-child ratio when a qualified staff member is absent.

3.64. Summer Recreation Camp. -- A school age program that operates during the summer months, whose program orientation is primarily recreational, and of which 80 percent of the program occurs outdoors.

3.65. Support Staff. -- Staff who carry out duties not regularly involving the supervision of children.

3.66. Teen Aide. -- An individual who is between 13 and 18 years of age who works with or without compensation under the direct supervision of a qualified staff member who has a minimum of the qualifications of an assistant director or lead teacher.

3.67. Time-Out. -- A positive behavioral support strategy to help children change their undesired behavior and help teach a desired replacement behavior. The time-out period is the length of time when the child is removed from regular activities as a consequence for specific behavior.

3.68. Toddler. -- A child between ambulation/walking to 24 months of age.

3.69. Training. -- Instruction provided that is designed to impart knowledge or skills.

3.70. Type I Center. -- A child care center with a capacity of 30 or fewer children.

3.71. Type II Center. -- A child care center with a capacity of 31 to 60 children.

3.72. Type III Center. -- A child care center with a capacity of 61 or more children.

3.73. Universal Precautions. -- Procedures to be followed for infection control in all situations to prevent the transmission of blood borne germs that may be spread through blood or body fluids that might contain blood.

3.74. Use Zone. -- The surface under and around a piece of equipment onto which the child falling from or exiting from that the equipment is expected to land.

3.75. Variance. -- A written declaration by the Secretary that a certain requirement of this rule may be satisfied in a manner different from that set forth in the rule.

3.76. Volunteer. -- An individual who provides a direct service to the center for two or more hours a week on a scheduled basis, without compensation, and is 18 years of age or older; provided, that a parent of an enrolled child working directly with his or her own child is not considered a volunteer under this rule.

3.77. Waiver. -- A written declaration by the Secretary that a certain requirement of this rule may be treated as inapplicable in a particular circumstance.

3.78. West Virginia Training Certificate in Early Care and Education (WVTCECE). -- A certificate for completing 120 hours of training in the core competencies of early childhood education awarded through the WV STARS Professional Development System.

3.79. WV STARS. -- West Virginia State Training and Registry System.

W. Va. Code R. § 78-1-3