Current through Register Vol. XLI, No. 50, December 13, 2024
Section 78-1-8 - Staffing8.1. This section applies to all center personnel including the private owners, volunteers, and parents who receive compensation for their duties or who are used by the center to meet staff-to-child ratios.8.2. Persons at a child care center who are not subject to this rule include: 8.2.a. An adult who is in the center for brief periods in the normal course of carrying out business or professional activities and is not left alone with the children; or8.2.b. A parent of an enrolled child who is at the center only for the purpose of performing parental responsibilities in relation to his or her own child.8.3. Staffing Procedures. 8.3.a. A center shall provide each new staff member with a notification letter that includes his or her effective date of hire, position title, qualifications, duties, and responsibilities at the time of hiring.8.3.b. A center shall conduct performance evaluations:8.3.b.1. On all staff at least once a year; and8.3.b.2. On all newly employed staff members and staff members new to their positions at three months, six months, and 12 months.8.3.c. A center shall provide each staff member with:8.3.c.1. A written copy of his or her most recent evaluation, signed by the center's director or director's designee and the evaluated staff member; and8.3.c.2. A professional development plan based on the evaluation.8.3.d. A center shall maintain a file for each staff member that includes:8.3.d.1. A current job description;8.3.d.2. Documentation that references have been verified including three references for the center director and two references for other staff members;8.3.d.3. Records of employment, including a duplicate copy of all performance evaluations; and8.3.d.4. A verification of the staff member's education and qualifications.8.4 Staff Character and Background. 8.4.a. A center shall use staff members and volunteers with:8.4.a.1. A good reputation and character;8.4.a.2. Sufficient education, training, and experience to provide the skills necessary for carrying out the essential functions of his or her job with or without reasonable accommodation;8.4.a.3. Sound judgment, emotional maturity, and an understanding of children;8.4.a.4. A demonstrated ability to perform assigned tasks;8.4.a.5. The ability to correct hazards that might harm the health, safety, and well-being of the children;8.4.a.6. The ability to work with children without mistreatment or abuse;8.4.a.7. The ability to encourage children and to provide them with a variety of learning and social experiences appropriate to the age of the children;8.4.a.8. The ability to support children's physical, emotional, psychological, social, and personal development; and8.4.a.9. The ability to communicate effectively and to respect confidentiality.8.4.b. No person shall be on the premises or have contact with the children in care whose health or behavior would harm the children:8.4.b.1. Who is under the influence of alcohol or an illegal drug; or8.4.b.2. Whose functioning is impaired due to being under the influence of medical cannabis or a legal pharmaceutical.8.4.c. Other than the exceptions cited in subdivision 8.4.e., a center shall ensure that a state and federal fingerprint-based criminal background investigation is performed on each staff member and volunteer 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 shall keep the following information on file: 8.4.c.1. A completed and signed WV CARES self-disclosure application and consent form. A copy of the form shall be on file and uploaded to the WV CARES system no later than the date of hire;8.4.c.2. A variance or waiver if the individual has convictions or pending charges of disqualifying offenses;8.4.c.3. A fitness determination of eligibility from the WV CARES unit; and8.4.c.4. A center shall update the documentation of a completed background check in each staff member's file at the expiration of rap back enrollment.8.4.c.5. A state background check shall be completed in any other state where the staff member or volunteer has resided in the past five years. For a staff member or volunteer who works in the state of West Virginia and resides in another state, a state background check is required for the state they reside. Fingerprint checks for other states are optional. All staff members and volunteers must complete a criminal background check through WV CARES.8.4.c.6. A check of the sex offender registry or repository shall be done on each staff member and volunteer.8.4.c.7. A check of the sex offender registry or repository shall be completed in another state where the staff member or volunteer has resided in the past five years. For a staff member or volunteer works in the state of West Virginia and resides in another state, a check of the sex offender registry or repository shall be completed in the state they reside.8.4.d. A search shall be done of the state-based child and adult abuse and neglect registries and protective services databases in each state where the staff member or volunteer resided during the preceding five years. The same search shall be done in the state where the staff member or volunteer currently resides and shall be repeated every five years.8.4.e. A center does not require a criminal background check on the following: 8.4.e.1. A new staff member who has on file at the center documentation of the required criminal history investigations within the previous 180 days;8.4.e.2. An individual not associated with the center, but contracted to provide lessons or other services for brief periods to the children while center staff are present; or8.4.e.3. A parent who transports children on an irregular basis for field trips without pay or compensation.8.4.f. No person shall work with a child or children prior to the center receiving the required fitness determination of eligibility from the WV CARES unit.8.4.g. The Secretary may require a criminal background check for good cause.8.4.h. For individuals over 13 and under 18 years of age, prior to permitting them direct contact with the children on a regular basis, a center shall have on file a signed affidavit from the individual's parent stating that his or her child has never been arrested or convicted of an offense against a person.8.5. Hiring Prohibitions. 8.5.a. A center shall not employ or use an individual who is currently on parole or probation for a felony conviction, or is currently under indictment, has pending charges, or has been convicted or entered a plea of guilty or no contest to any of the disqualifying offenses as defined in W. Va. Code § 16-49-1(8), 69CSR10-2.10., or other crimes that the Secretary determines may pose a risk to children.8.5.b. A center shall not hire or continue to employ or use any individual who is determined by the Department to have abused or neglected a child or incapacitated adult.8.5.c. A center may not employ or use an individual who has entered a plea of guilty or no contest or has been convicted of a disqualifying offense unless the Secretary grants a waiver or variance.8.5.d. A center may not use an individual who failed to disclose a conviction or pending charges on a WV CARES self-disclosure application and consent form or failed to disclose a finding of abuse or neglect unless the Secretary grants a waiver or variance.8.5.e. A center shall have policies and procedures that include protocols requiring: 8.5.e.1. A staff member or volunteer to report his or her criminal arrest, charge, indictment, or conviction for a criminal offense to the center director within 24 hours;8.5.e.2. A staff member to report to the center director that he or she is the subject of an abuse or neglect investigation;8.5.e.3. The center to notify the Secretary of the staff member's report within 24 hours; and8.5.e.4. That the center prohibits a staff member or volunteer who is accused of having sexually abused or otherwise injured a child or incapacitated adult from caring for or having contact with children pending the outcome of an investigation.8.5.f. If a center chooses to advocate for a waiver or variance_for an employee, then it shall have policies and procedures regarding waivers or variances that do not conflict with Department policies. The policy must include procedures for: 8.5.f.1. Informing the staff member of the waiver or variance process and time limit for requesting a waiver or variance;8.5.f.2. Providing a statement of support for the waiver or variance request from the center director;8.5.f.3. Ensuring that the staff member does not have contact with, or is removed from contact with, the children until the Secretary reaches a decision on the waiver or variance unless the licensee, staff member, and the Department agree to a written safety plan that permits the staff member to continue in a staff position until the Secretary reaches a decision.8.5.g. A center shall secure from the employee a recent health assessment performed not more than 90 days prior to the date hired for the employee and signed by a licensed health care provider. The health assessment shall be on file no later than 30 days from the first date of employment. A health assessment for a volunteer shall be on file if the volunteer is scheduled to work at least 40 hours per month in the center. The health assessment shall include:8.5.g.1. A significant health history which the center needs to know in order to protect the health of the employee or the health and safety of children in care;8.5.g.2. A physical examination, including vision and hearing screening;8.5.g.3. A statement that the prospective staff member has no known condition or disease which would interfere with the proper care of children; and8.5.g.4. A tuberculosis risk assessment or a tuberculosis screening by the Mantoux method, if a screening is indicated by the tuberculosis risk assessment.8.5.h. For staff currently employed, a center shall keep on file a health assessment that is updated every two years except the tuberculosis risk assessment or tuberculosis screening discussed above.8.6. Staff Responsibilities, Qualifications, and Training Requirements. 8.6.a. A center shall assign one individual the responsibility for monitoring and implementing training and maintaining training records.8.6.b. A center shall require all staff to meet approved pre-service training requirements and pre-service education qualifications other than that noted in subdivision 8.6.c. Provided: Staff persons who have remained employed by the center since July 1, 2003, and have been in continuous employment in that position or one requiring greater qualifications in a child care setting since July 1, 1998, shall be considered to meet the qualification of their position except the requirement of approved pre-service training.8.6.c. A center may offer an applicant for a lead teacher or teacher position conditional employment for a period of up to three months pending completion of the pre-service education and training requirements described in this section.8.6.d. Prior to caring for children, all current and potential staff are required to complete approved pre-service training. Prior to or during the first week of employment and prior to having sole responsibility for a group of children, a center shall provide orientation to the staff member that includes a review of: 8.6.d.1. Licensing, other regulatory requirements, and a center's administrative manual;8.6.d.2. Policies, staff duties and professional development plans;8.6.d.3. Policies and procedures for confidentiality and information disclosure, behavior management, and reporting child abuse and neglect;8.6.d.4. Policies and procedures for basic sanitation and infection control;8.6.d.5. Policies and procedures for safety, including prevention of injury both indoors and outdoors, fire safety, emergency response and, for programs serving infants, safe sleep practices;8.6.d.6. The statement of purpose;8.6.d.7. The daily schedule of the center and the specific schedule for the group of children to which the staff person is assigned, including the planned program of activities, routines, and transitions; and8.6.d.8. Communication at a center, including procedures to inform staff of any special dietary or other needs of the children for whom they will be responsible.8.6.e. A center shall document that preservice training and orientation training was provided by having the staff member and center director sign a statement acknowledging receiving both preservice and orientation training and shall keep the statement in the staff member's file.8.6.f. A center shall ensure that all staff members receive approved training in: 8.6.f.1. Pediatric Cardiopulmonary Resuscitation (CPR) and First Aid. Within three months of employment or use staff members shall have current pediatric CPR certification and current first aid training. Except in the first year of employment or use, training in pediatric CPR and First Aid is in addition to the requirement for annual professional development.8.6.f.2. Abuse Recognition and Prevention. Within three months of employment or use, staff members shall have training in child abuse recognition and prevention. Training in child abuse recognition and prevention may be used to meet the requirement for annual professional development described in this section.8.6.g. Prior to administering medication, the qualified staff member shall have training from an approved training source in medication administration. Training in medication administration may be used to meet the requirement for annual professional development described in this section.8.6.h. A center shall ensure that prior to assuming management duties, including supervising other qualified staff members, assisting the director, or serving as the designated person-in-charge of a center, a qualified staff member: 8.6.h.1. Completes the requirements for orientation training and management orientation training that includes a detailed review of the center's administrative manual and management practices; and8.6.h.2. Co-signs with the director a statement which is kept in the staff member's file acknowledging he or she received management training.8.6.i. A center that operates or plans to operate programs for children 24 months of age and under shall meet the requirements of this subdivision for staff training: 8.6.i.1. Prior to starting the program, shall ensure that each qualified staff member caring for the child has received a minimum of 40 hours of approved training related to the care of children 24 months of age and under, and shall submit documented evidence of the training to the Secretary.8.6.i.2. For an existing program which has been approved to expand the program or experiences staff turnover, shall ensure that within six months of beginning to care for children twenty-four months of age and under, each qualified staff member shall have a minimum of 40 hours of approved training related to the care of children 24 months of age and under. Until all staff members meet the requirements of this section, the center shall ensure: 8.6.i.2.A. That one qualified staff member who has completed the minimum approved training, is present in the infant/toddler program for at least half of the operating hours daily;8.6.i.2.B. That each staff member has a written plan for the completion of training that is agreed upon during orientation; and8.6.i.2.C. That the center develops a mentoring plan which provides for weekly mentoring by a qualified and trained staff person for each staff member that has not completed approved training.8.7. Professional Development. 8.7.a. All qualified staff shall complete 15 hours of approved training within the first year of employment according to the following:8.7.a.1. A director shall have six hours in management training within the required 15 hours; and8.7.a.2. Qualified staff members shall have six hours of training related to the age group of children for which they care, within the required 15 hours.8.7.b. All qualified staff shall apply for credentialing on the WV STARS Career Pathway.8.7.c. All qualified staff shall complete the approved training which is necessary to keep the credential current.8.7.d All qualified staff shall complete at least 15 hours of approved training annually. Training hours can be applied to the hours required to keep a credential current on the West Virginia STARS Career Pathway.8.7.e All staff in positions that are not qualified staff positions shall have training within the first three months of employment related to their responsibilities, renew child abuse and neglect recognition every three years, and keep first aid and pediatric CPR certification current.