Current through Register Vol. XLI, No. 50, December 13, 2024
Section 78-3-22 - Outdoor Therapeutic Educational Programs22.1. Employee Ratios. 22.1.1. Employee ratios to children shall be appropriate for the activity in which the group is engaged.22.1.2. Employee ratios for high risk activities shall be a minimum of four employees to 10 children. (4-to-10).22.1.3. The employee-to-child ratio for away from main camp on low risk activities shall be a minimum of 3-to-10.22.1.4. In main camp, the employee ratio shall be a minimum of two employees to 10 children (2-to-10).22.1.5. Employee ratios for groups away from camp may be adjusted downward for smaller groups; however, safety and the adequacy of supervision shall be a paramount concern.22.1.6. At night: 22.1.6.a. Under normal weather conditions, each gender shall sleep separately with one counselor assigned to each sex. In cases of extreme weather, sexes may be in the same building or structure but the employees on duty shall functionally separate them;22.1.6.b. There shall be a minimum of one employee per sleeping group. That employee may be sleeping when the group is in the main camp or in the field. When the group is in the main camp, at least one employee shall be awake and monitoring children at all times. The organization shall have a policy regarding employee ratios to ensure the safety and security of children at night when away from the main camp.22.2. Credentials of Employees. 22.2.1. Direct care employees shall have a minimum of a high school diploma or GED and skills, certifications, and abilities unique to the environment, such as residential child care experience, search and rescue certification, wilderness survival skills, camping skills, etc. Direct care employees shall be responsible for group supervision and monitoring on a day to day basis, including teaching basic living skills, role modeling effective individual and group problem-solving skills and anger management, and completing daily documentation as required.22.2.2. Individuals providing counseling service must meet the DHHR Bureau for Medical Service's policy on clinical supervision or have the credentials to perform counseling services.22.2.3. Teachers certified to teach by the state of West Virginia shall be responsible for the oversight and supervision of the educational program of the organization. The organization shall have at least one teacher.22.3. Employee Training.22.3.1. All employees responsible for the direct care of children shall be trained in the following areas in addition to those cited in section 11 of this rule: 22.3.1.a. Water procurement, preparation, and conservation;22.3.1.b. Shelter construction;22.3.1.c. Food preparation and storage in the field;22.3.1.d. Fire site preparation and fire building;22.3.1.e. Low-impact wilderness expedition and environmental conservation skills and procedures;22.3.1.f. Sanitation procedures related to food, water, and waste;22.3.1.g. Management of health issues unique to the outdoor therapeutic educational program environment including acclimation to the environment and environmental elements;22.3.1.h. Basic training in rescue and water safety for those employees responsible for water activities. A minimum of one adult so trained shall be present at all times at all water activities;22.3.1.i. Navigation skills including map and compass use and contour navigation;22.3.1.j. Local environmental precautions including sensitivity to terrain, weather, insects, poisonous plants, wildlife, and the proper response to adverse situations involving any of these factors; and22.3.1.k. Management of the health and safety of the group in severe weather conditions including a possible evacuation plan.22.3.2. All new employees shall be accompanied at all times by experienced employees during the first month of employment in the field and until all required trainings have been completed, whichever is later.22.4. Service Elements. 22.4.1. The organization shall have an on grounds educational program that is of sufficient quality to allow students to transfer educational credits to their County of origin. A teacher certified to teach in the state of West Virginia shall be coordinating and providing oversight to the educational program. Whenever possible, the educational program shall be accredited by an appropriate educational accreditation body.22.4.2. The organization shall have complete policies and procedures to guarantee child safety in any off grounds activity, including but not limited to: 22.4.2.c. Tent building and other construction;22.4.2.f. Off property outings;22.4.2.g. Canoe trips or white-water rafting;22.4.2.h. Swimming or wading;22.4.2.i. Mountain biking;22.4.3. The policy shall discuss the following:22.4.3.a. Employee to child ratios for the activity;22.4.3.b. Employee training and certification prerequisites for participation.22.4.3.c. Child training prerequisites for participation, including safety training;22.4.3.d. Special equipment or provisions required for the activity including safety equipment such as life jackets, safety ropes, helmets, etc., and food, water, etc. as necessary and appropriate;22.4.3.e. Evacuation plans if they should become necessary during an activity;22.4.3.f. Safety plans unique to the activity (e.g., backpacking weights, rope safety and monitoring, etc.); and22.4.3.g. The documentation necessary for the activity.22.4.4. All policies and procedures shall be in conformity with nationally accepted standards for the activity if they are available. If employee certification or training is available in the activity, at least one employee present during the activity shall be trained or certified. During water activities, at least one employee shall be fully certified in water safety and lifesaving.22.4.5. If the organization contracts with an independent provider to guide or supervise the activities, the contractor shall be appropriately certified if a certification is available.22.4.6. General safety considerations: 22.4.6.a. Personal gear supplied to children shall be appropriate in size, amount and protectiveness for the child and the expected weather;22.4.6.b. No child shall be expected to pack more than 30percent of his or her body weight at any time and special health considerations shall be taken into account if they are necessary;22.4.6.c. Adequate food and water shall be available to employees and children at all times in all activities;22.4.6.d. Equipment shall be regularly inspected as a matter of policy by the safety committee or its designee for signs of wear or damage and the inspections shall be documented and monitored;22.4.6.e. Prior to any water activity, the swimming ability of all children and employees shall be evaluated and documented by an appropriately trained employee person. The organization shall document that adequate arrangements for protection of non-swimmers have been made on each activity;22.4.6.f. Soloing activities shall only be conducted with the written consent of a licensed mental health clinician who has personally evaluated the child within 24 hours prior to the onset of the solo activity. At all times, employees shall be in earshot of a distress call if it is necessary and shall conduct random face to face checks of the status and condition of the child on intervals not to exceed six hours; and22.4.6.g. The organization shall have a policy to ensure safety and security of children who are acutely disturbed or suicidal, or both.22.5. Abrogation of Client Rights. While items of clothing may not be withheld as a punishment, children may be prevented from access to certain items of clothing (such as belts) as a safety measure. The criterion shall be whether the potential safety created by the restriction outweighs the harm of the restriction. The organization shall have a written policy regarding restriction of access to articles of clothing, approved by the governing body.
22.6. Environmental Issues. 22.6.1. The environment of an outdoor therapeutic educational program is by definition limited in its handicapped accessibility. The organization shall have an admissions policy that clearly describes its degree of accessibility to clients with physical handicaps. The organization shall make a reasonable effort to enable family members with physical handicaps to access children, family therapy interventions and program sites.22.6.2. Outdoor therapeutic education facilities are generally considered to be inappropriate for serving children with serious physical handicaps; however, the organization is responsible for finding a method of incorporating family members with physical handicaps to a maximum degree into the therapeutic process.22.6.3. The organization shall have policies pertaining to the following with reference to any activities conducted away from the main campus or building:22.6.3.a. Unique adaptations to dietary requirements as appropriate;22.6.3.b. Sanitation and infection control;22.6.3.c. Waste management;22.6.3.d. Food storage and handling;22.6.3.e. Maintenance of safe body temperature;22.6.3.f. Clothing and footwear;22.6.3.g. Field equipment;22.6.3.h. Communication with the main campus or management on an on-going and emergency basis;22.6.3.i. Medication storage and security away from camp;22.6.3.j. Disaster and severe weather plan including procedures for evacuation; and22.6.3.k. Procedures to follow for runaways and elopements.