W. Va. Code R. § 78-3-2

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

Section 78-3-2 - Applicationand Enforcement

2.1. The core requirements, section 1 through subsection 16.4., apply to all residential child care settings and congregate treatment settings, both public and private, that offer residential services to children and transitioning adults who have been separated from their family for the purpose of care or behavioral health treatment, or both, except where otherwise indicated within this rule. Organizations classified as providing foster family care by the Department of Health and Human Resources are exempt from this rule and are governed by the Department's rule "Child Placing Agencies Licensure," 78CSR2. Each organization included in this rule shall comply with core requirements in addition to specialized modules as applicable to program provision.

2.1.1. This rule contains the minimum requirements to obtain a license or certificate of approval to provide residential child-care and treatment for children in West Virginia.

2.1.2. This rule applies equally to for- profit, not-for- profit, publicly funded and privately funded facilities.

2.1.3. This rule applies to the following congregate living facilities serving children and transitioning adults:

2.1.3.a. Psychiatric residential treatment facilities for persons less than 21 years of age;

2.1.3.b. Residential crisis support or emergency shelter care for vulnerable children;

2.1.3.c. Residential maternity and parenting facilities;

2.1.3.d. High quality group residential child-care settings for vulnerable children;

2.1.3.e. Qualified residential treatment programs;

2.1.3.f. Outdoor therapeutic educational programs;

2.1.3.g. Intermediate care facilities for persons with mental retardation;

2.1.3.h. Therapeutic residential schools; and

2.1.3.j. Vulnerable and transitioning youth group homes and programs.

2.2. Enforcement

This rule is enforced by the Secretary of the Department of Health and Human Resources.

2.3. Exemptions

This rule does not apply to the following:

2.3.1. A program exempted by the state or federal statute;

2.3.2. A program providing solely academic services accredited or operated by the state Department of Education;

2.3.3. Seasonal camps operated for children with a primary purpose of recreation, in which children are attending sessions for periods not exceeding 30 days;

2.3.4. Juvenile detention centers or juvenile correction facilities operated or contracted through the Department of Military Affairs and Public Safety;

2.3.5. Adoption and foster family care facilities recognized as such by the Department of Health and Human Resources; and

2.3.6. Hospitals or other medical facilities that are primarily used for temporary residential care of children for treatment, convalescence, or testing.

W. Va. Code R. § 78-3-2