W. Va. Code R. § 78-1-7

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 78-1-7 - The Child and Family
7.1. Admission, Discharge, Basic Rights, and Records.
7.1.a. A center shall develop, implement, and maintain an admission policy and procedure ensuring that prior to the admission of the child to the center:
7.1.a.1. The parent completes and submits an application for child care services;
7.1.a.2. The director or designated staff member documents in the child's file, a meeting with the parent to exchange information about the center's programs and the specific needs of the child, including information about any individual characteristics and personality factors that may influence the child's behavior and well-being at the center, and any special family considerations that are relevant to child care;
7.1.a.3. The center provides to the parent a copy of its statement of purpose and discusses it with the parent;
7.1.a.4. The center provides information about its liability insurance coverage, including information regarding coverage or non-coverage of accidents or injuries; and,
7.1.a.5. The center informs the parent of the details of the agreements to be signed by the parent, including, but not limited to, an agreement that:
7.1.a.5.A. The center prohibits corporal punishment on its premises and during off-site center activities while the child is participating;
7.1.a.5.B. The parent has access to the center when his or her child is in attendance; and,
7.1.a.5.C. The parent has received and discussed a copy of the center's policies on:
7.1.a.5.C.1. Behavior management and the reporting of child abuse and neglect;
7.1.a.5.C.2. Immunization, parental objections to treatment, the dismissal and re-admittance to the center of the child with a communicable illness, procedures for notifying the child's parent in advance of its policies on the exclusion and re-admittance of ill children, procedures for informing the parent of each child of the exclusion policy, and medication administration;
7.1.a.5.C.3. Confidentiality and information disclosure;
7.1.a.5.C.4. Meal and nutrition policy;
7.1.a.5.C.5. Emergency evacuation and sheltering procedures; and
7.1.a.5.C.6. Discharge policies.
7.1.b. The center shall ensure the parent has access to a copy of this rule;
7.1.c. The center shall inform the parent of its requirements for signed permission prior to the child's participation in field trips, water activities and other special activities; and,
7.1.d. The center shall inform the parent of his or her right to report to the Secretary any complaints related to compliance with the provisions of W. Va. Code § 49-2-101et seq. and the requirements of this rule.
7.2. Discharge Policies. A center shall develop, implement, and maintain policies and procedures, including criteria, for a child's discharge from the center:
7.2.a. When the parent withdraws the child from a center;
7.2.b. When a center asks a parent to remove his or her child; and
7.2.c. When a center informs the parent in advance of the request for discharge, except in cases of emergencies or investigations related to child abuse and neglect.
7.3. Basic Rights. A center shall ensure that the child and the child's family have equal access to programs regardless of race, religion, ethnicity, gender, ability, or sexual orientation.
7.4. Information About Child. For each child enrolled at a center, the center shall maintain a file in one central location that includes the following current information:
7.4.a. The child's name, address, gender, and date of birth;
7.4.b. The name of the child's parent, and the parent's home and work telephone numbers and addresses;
7.4.c. The name, physical address, and telephone number of at least one additional individual who can assume responsibility if the center cannot locate the parent;
7.4.d. The names, addresses, and telephone numbers of the child's sources of primary medical care and emergency medical care;
7.4.e. The child's health insurance coverage and policy number;
7.4.f. A signed permission from the parent for emergency medical treatment and transportation;
7.4.g. A signed permission to release the child to someone other than the parent, with the names, addresses, and telephone numbers of the one person or several persons permitted to take the child from the center;
7.4.h. Information and special instructions from the child's parent or licensed health care provider about any special dietary or other needs because of a medical or other reason;
7.4.i. A signed permission from the parent to take photographs or make audio or video, or both, recording of the child;
7.4.j. Legal verification of custody when one parent is the sole legal guardian of the child by virtue of a court proceeding;
7.4.k. Health records as described in subsections 15.1. and 15.2. of this rule;
7.4.l. The dates of enrollment and discharge;
7.4.m. Scheduled days and hours of attendance; and,
7.4.n. The name and telephone number of the school-age child's school.
7.5. Information for emergency purposes. A center shall keep two copies of the information in subdivisions 7.4.a. through 7.4.h. of this rule, with the parent's original signature on one copy. Photocopies are compliant for any subsequent copies of this information. A center shall keep:
7.5.a. One copy in the center's files to be easily accessible at all times; and,
7.5.b. The other copy in the center's emergency file, described in this rule, where it is available to accompany the child when the child is off-site.
7.6. Exchanging information with the parent. The center shall develop a plan for ongoing communication with the parent that includes:
7.6.a. A pre-admission meeting in which the center discusses with the parent an oral or written system for exchanging information regularly about the child including the child's health and any events at home or at the center that may influence the child's behavior and well-being;
7.6.b. Providing a signed incident or accident report when an incident or accident resulted in first aid. The report shall include, at a minimum, the time, date, location, description of the incident or accident, the action taken and the name of the staff person responsible for the child at that time;
7.5.c. Providing a signed serious occurrence report as required in section 19 of this rule; and,
7.5.d. Providing the parent opportunities to volunteer at the center.

W. Va. Code R. § 78-1-7