Current through Register Vol. XLI, No. 50, December 13, 2024
Section 78-3-10 - Management of Human Resources10.1. Deployment of Employees. 10.1.1. The organization shall retain sufficient numbers of qualified individuals to: 10.1.1.a. Efficiently and effectively meet the demand for all services it provides; and10.1.1.b. Provide and coordinate the services that are within the organization's scope and mission.10.1.2. The organization shall ensure that sufficient, licensed, or certified professional clinical employees are employed or available on a consistent basis to provide, at a minimum, that: 10.1.2.a. All intakes and diagnostic assessments are completed by suitably trained and experienced professional employees;10.1.2.b. Professional employees are available and mandated to provide direct supervision and consultation to direct care employees, professional interns, and paraprofessionals at a ratio appropriate to the number of employees or interns supervised and the demands of the population served;10.1.2.c. Professional employees or employees under supervision for licensure or certification according to state law is available and mandated to provide direct service to children and transitioning adults for those organizations providing therapy services (individual, group and family) or medical services, or both; and10.1.2.d. Employees are available in sufficient quantity and with sufficient credentials to address the needs of the child as identified by the assessment and interdisciplinary team process.10.1.3. The organization shall identify an individual at each program site responsible for overall administration of the program at that site.10.2. Personnel Practices. 10.2.1. The organization shall have policies that comply with all federal and state statutes, rules, and regulations regarding employment practices.10.2.2. The minimum age of any person serving as an employee for organizations serving children aged 13 and older shall be 20 years of age.10.2.3. If the age of the population served at an organization is uniformly 12 years and under, the minimum age of the employees serving the population shall be 18 years.10.2.4. If the program serves transitioning adults up to age 21, the ages of the employees providing direct care shall be at least three years older than the age of the eldest child.10.2.5. The organization shall submit a request for a criminal history background check and a protective services records check to the WV CARES unit of the Department for each potential employee or independent contractor prior to permitting that employee or independent contractor to work with children.10.2.6. The organization will obtain a WV CARES self-disclosure application and consent form signed by the potential employee or independent contractor indicating any past criminal conviction or pending charges.10.2.7. Documentation of the completed criminal history background check shall be maintained with the personnel file of the applicant. Documentation shall include a fitness determination of eligibility from the WV CARES unit and a variance or waiver that has been granted by the Secretary if the applicant has convictions of disqualifying offenses or pending charges.10.2.8. The organization must demonstrate compliance will all provisions of the WV CARES Act and its Legislative rule, 69CSR10. The organization may not allow employees or independent contractor to work in a group residential child care and treatment facility prior to receiving the results of the check.10.2.9. Organizational policy shall prohibit the engagement of any employee, volunteer, or independent contractor who has a history of substantiated adult or child abuse or neglect.10.2.10. Organizational policy shall prohibit engagement or retention of either employees, contractors, or volunteers who have a history of convictions for, or are on parole or probation for, a WV CARES disqualifying offense.10.2.11. The organization shall have a policy and mandatory training process for all employees for compliance with mandatory reporting requirements regarding allegations of abuse or neglect of children as described in W. Va. Code § 49-2-801.10.2.12. The organization shall have a written job description and selection criteria for each position or group of similar positions that includes the qualifications, expectations and responsibilities required of employees. Job descriptions shall be readily available to employees.10.2.13. The organization shall designate a supervisor for each separate service or program.10.2.14. The organization shall employ persons who are qualified according to the job description and selection criteria for the positions they occupy. An organization employing any person who does not possess the usual qualifications for the position in which he or she is employed shall have a written statement justifying reasons for employing this person.10.2.15. The organization shall verify the credentials of all organization employees and individuals, who are contract employees of the organization, including: 10.2.15.a. Education and training;10.2.15.b. Relevant experience; and10.2.15.c. State licensing or certification requirements for their respective disciplines, if any.10.2.16. If the job description allows less than full licensure for individuals eligible for professional licensure or certification, the organization shall demonstrate that: 10.2.16.a. A person with requisite credentials provides appropriate supervision to the employees; and10.2.16.b. The employees are actively working toward licensure or certification, or both.10.2.16.c. This requirement shall not be construed to apply to individuals performing job duties that would not normally require licensure or certification.10.3. Volunteers. 10.3.1. The organization shall have a policy that specifies the roles and responsibilities that volunteers may assume.10.3.2. The organization shall ensure that volunteers receive regular supervision to provide assistance, directions for activity and support.10.3.3. Any documentation provided by volunteers to be placed in a clinical record shall include the date and signature of the volunteer's on-site supervisor prior to being placed in the record.10.3.4. The organization shall ensure that volunteers understand the responsibilities of the position and the time commitments required prior to formal assignment.10.3.5. The organization shall formally train volunteers in confidentiality prior to beginning their duties and shall maintain documentation of the training.10.3.6. The organization shall have a policy requiring volunteer screening that shall include the same criminal history and protective services background checks as required for employees and independent contractors.10.3.7. The organization shall not use any volunteer who would not pass the criminal history and protective services background checks or security requirements as an employee or independent contractor.10.4. Students and Student Interns or Residents.10.4.1. Students covered by this rule are those individuals serving an academic placement of more than 30 hours on site per three-month quarter. Students serving less than 30 hours per quarter shall be continually supervised by another employee and may not work alone with children.10.4.2. The organization shall have a policy that specifies the roles and responsibilities that students may assume.10.4.3. The organization shall ensure that students receive regular documented supervision to provide assistance, directions for activity and support.10.4.4. Any documentation provided by students to be placed in a clinical record shall include the date and signature of the student's on-site supervisor prior to being placed in the record.10.4.5. The organization shall formally train students in confidentiality prior to beginning their duties and shall maintain documentation of the training.10.5. Employee, Volunteer, and Student Records.10.5.1. The organization shall maintain personnel records for all employees, students, and volunteers. These records shall be reviewed annually and updated as necessary, and contain, as appropriate:10.5.1.a. Identifying information and emergency contacts;10.5.1.b. An application for employment, volunteer, or student service;10.5.1.c. A job description or contract;10.5.1.d. Reference verification;10.5.1.e. Documentation of education and licensure or certification;10.5.1.f. Documentation of relevant training as appropriate;10.5.1.g. Documentation of employee orientation including training in confidentiality;10.5.1.h. Documentation of criminal history and protective services background checks; and10.5.1.i. Performance evaluations (except students and volunteers) and documentation relating to performance, including disciplinary actions and termination summaries, as appropriate.10.5.2. Each organization shall have a record, stored separately, containing medical information on each employee, volunteer, or student. The medical records shall include:10.5.2.a. An initial tuberculosis screening before assumption of duties and a screening every five years thereafter; and10.5.2.b. Results of random drug screens if required by organization policy.10.5.3. The files shall be secured in a confidential manner with limited access.