Current through Register Vol. XLI, No. 50, December 13, 2024
Section 78-3-17 - Group Residential Child Care and Treatment17.1. Employee Ratios and Training. 17.1.1. Employees, for the purposes of this section, are those individuals who are: 17.1.1.a. Fully oriented and trained according to organizational policy; and17.1.1.b. Have job responsibilities that pertain only to the provision of child care, treatment and supervision.17.1.2. The group residential program shall have a policy regarding care and supervision of children that ensures that:17.1.2.a. Children receive adequate supervision for their age, developmental functioning, and emotional and behavioral needs; and17.1.2.b. The care plan as developed by the interdisciplinary team is implemented for each child.17.1.3. Children shall be cared for and supervised at the following levels, with clinically justified modifications when house parents are employed:17.1.3.a. Minimum employee-to-child ratios as described within specific program rules shall be maintained at all times; and17.1.3.b. Additional or back-up care employees shall be available for emergency situations or to meet special needs presented by the persons in care.17.1.4. The organization shall have a procedure regarding the supervision of children in off-grounds activities that shall ensure that the children are adequately supervised at all times.17.1.5. As appropriate to the ages and needs of persons in care, the organization shall ensure that one or more trained professional employees are on duty or available via an on-call system on a 24-hour basis to provide continuous supervision to each residential living unit within a residential program.17.1.6. The organization that uses a house parent model shall have a policy that ensures the safety and supervision of children at night.17.2. Environmental Issues.17.2.1. To the maximum extent possible, the organization providing group residential services shall be non-institutional in appearance and practices. Each child or transitioning adult shall be permitted to have personal space, personal possessions, and a place to store those possessions unless clinically contraindicated. Each child is expected to assume some responsibility for an aspect of care of living environment (cleaning, cooking, etc.) on an ongoing basis.17.2.2. The organization shall ensure that residential living units within the milieu consist of no more than 12 children. The size of the groups shall be dictated by their function and some may be smaller than 12 members. Group therapeutic and residential living activities should be conducted in an appropriately sized group format, taking into consideration best practice standards for the gender, developmental status, and diagnosis of the members.17.2.3. Children shall have clearly identifiable schedules and activities. Each child shall have a schedule that identifies therapy times, chore or work assignments, school hours, and other activities.17.2.4. Employees shall be available in sufficient quantity and with appropriate credentials to address the needs of the child as identified by the assessment and interdisciplinary team process.17.2.5. The residential program that permits pets shall have a veterinary evaluation and vaccinations as recommended by the veterinarian in writing.17.2.6. Service elements unique to the population:17.2.6.a. If the residential program permits children to operate vehicles while in placement, it shall do so under the following conditions:17.2.6.a.1. The child has a valid West Virginia driver's permit or license;17.2.6.a.2. The child's vehicle, if any, is appropriately licensed and insured; and17.2.6.a.3. The child receives permission in writing from his or her parent or guardian.17.2.6.b. The organization shall have a written plan of basic daily routines that shall be available to all employees and updated regularly.17.2.6.b.1. Children shall participate in planning daily routines.17.2.6.b.2. Children shall have set routines for waking and going to bed.17.2.6.c. The organization shall encourage and arrange for children to participate in community and school functions and recreational activities on an individual basis.