W. Va. Code R. § 78-19-6

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

Section 78-19-6 - Caregiver, Substitute, and Household Member Requirements

6.1. General Requirements.

6.1.a. The caregiver or substitute shall be:

6.1.a.1. At least 18 years of age; and

6.1.a.2. Able to read and write.

6.1.b. The caregiver or substitute shall ensure that alcoholic beverages or illegal substances are not used, and that no one present in the home is under the influence of those substances during the time children are in care.

6.1.c. A caregiver or substitute may not be impaired by any substance, medication, or medical cannabis to a level that would impair his or her ability to care for children.

6.1.d. The caregiver, substitute, and all household members shall keep information about children in care and about the families of the children confidential, except for required reporting to the department.

6.2. Health Requirements.

6.2.a. The caregiver shall obtain a medical examination and either a tuberculosis risk assessment, a TB skin test, or chest x-ray within 30 days of application for a certificate of registration and upon application for renewal of the certificate of registration.

6.2.b. Medical examinations completed up to six months prior to application or renewal are acceptable.

6.2.c. Examination forms shall indicate that the caregiver has no physical or mental condition that would negatively impact the provision of child care services. The results of the tuberculosis screening must be negative.

6.2.d. If an investigation determines a caregiver or household member may have a physical, mental, or emotional condition that could negatively impact the care of children, the caregiver shall provide a current physical or psychological exam report by a licensed physician or a licensed mental health professional assessing the condition and its impact on the provision of care for children, which will be used by the department to determine whether to continue, deny, or place limits on the certificate of registration.

6.2.e. The family child care home shall maintain a record of current medical examinations which includes the tuberculosis risk assessment, TB skin test, or chest-x-ray results completed within 30 days of the original application.

6.3. Training Requirements.

6.3.a. Within three months of initial registration, a caregiver shall obtain:

6.3.a.1. Approved training in pediatric cardiopulmonary resuscitation (CPR) and pediatric first aid; and

6.3.a.2. Documentation verifying completion of approved pre-service health and safety training.

6.3.b. Within 12 months of initial registration, a caregiver shall obtain four additional hours of training in at least one other Core Knowledge/Core Competency area.

6.3.c. Thereafter, the caregiver shall complete eight hours of approved training annually, encompassing a minimum of two Core Knowledge/Core Competency areas.

6.3.d. Caregivers completing approved training modules lasting more than eight hours may elect to apply those training module hours over and above eight to the following year's training requirement. Training hours that may be carried over include hours earned through the West Virginia Infant and Toddler Professional Development Program, and the Apprentice for Child Development Specialist or other coursework approved by the department.

6.3.e. A family child care home shall maintain a training record with certificates of attendance for training completed during the registration period.

6.3.f. Caregivers completing approved training resulting in certification in basic first aid and rescue breathing shall renew the certification thirty days prior to the date the certification in such training expires.

6.4. Background Checks.

6.4.a. A caregiver shall ensure that a state and federal fingerprint-based criminal background investigation is performed on the caregiver and each adult household member pursuant to the provisions of the West Virginia Clearance for Access: Registry and Employment Screen Act (WV CARES), W. Va. Code § 16-49-1et seq., 69CSR10, and shall keep the following information on file:

6.4.a.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 approval to operate;

6.4.a.2. A variance or waiver if the individual has convictions or pending charges of disqualifying offenses;

6.4.a.3. A fitness determination of eligibility from the WV CARES unit; and

6.4.a.4. The caregiver shall update the documentation of a completed background check in the caregiver's and each adult household member's file at the expiration of rap back enrollment.

6.4.a.5. A state criminal background check shall be done in the state where the caregiver and each adult household member has resided in the past five years. Fingerprint checks for other states are optional.

6.4.b. A state check of the sex offender registry or repository shall be done in the state where the caregiver and any adult household member currently resides and shall be done in any other state where the caregiver and each adult household member has resided in the past five years.

6.4.c. 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 caregiver and each adult household member resided during the preceding five years. The same search shall be done in the state where the caregiver and each adult household member currently resides and shall be repeated every five years.

6.4.d. A new household member must have his or her criminal background check completed within 180 days of moving into the household.

6.4.e. The secretary shall not grant a certificate of registration to a family child care home if the caregiver or a household member:

6.4.e.1. Is currently under indictment or charged with any disqualifying offense as defined in W. Va. Code § 16-49-1(8) and 69CSR10-2.10;

6.4.e.2. Is on parole or probation for a felony; or

6.4.e.3. Other crimes that the secretary determines may pose a risk to children.

6.4.f. If the caregiver or a household member has convictions of those listed in subdivision 6.4.e., a family child care provider shall not operate or continue operations unless the caregiver requests a waiver or variance, and it is approved by the secretary.

6.4.g. If the caregiver or a staff member or household member failed to report convictions to the department, a family child care home shall not operate or continue operations unless the caregiver requests a waiver or variance, and it is approved by the secretary.

6.4.h. The family child care home shall report pending charges, indictments, and convictions of caregivers and household members to the department within 24 hours of their occurrence.

6.4.i. The secretary shall not grant a certificate of registration to a family child care home if the caregiver or a household member is an active recipient of child or adult protective services or has a history of substantiated child or adult abuse or neglect as determined by a court of law or an investigation by the department's protective services staff.

6.5. Supervision of Children.

6.5.a. A caregiver shall be physically present at the family child care home and within sight or hearing of all children in care.

6.5.b. A caregiver shall frequently observe children in cribs and portable packs and play yards.

6.5.c. When supervising outdoor play, a caregiver shall remain outdoors with the children at all times when:

6.5.c.1. There is a pool, pond, hot tub, pail, or other body of water; or

6.5.c.2. There are children six years of age or younger present.

6.6. Family Child Care Home Capacity.

6.6.a. A family child care home shall have no more than six children in care under 13 years of age at any one time. No more than two of the children may be under 24 months of age.

6.6.b. The number of children in the family child care home includes:

6.6.b.1. Children under six years old who live in the home; and

6.6.b.2. Children under six years old who are visiting and not accompanied by a parent or a responsible adult.

6.7. Substitutes.

6.7.a. Substitutes shall be reliable and at least 18 years of age.

6.7.b. The caregiver may use a substitute to provide care for children during emergency situations, illness, and during occasional non-emergency situations such as vacations, child care training, and medical appointments.

6.7.c. The caregiver shall notify parents in advance when he or she plans to use a substitute for non-emergency situations.

6.7.d. The caregiver shall require the substitute to notify parents in emergency situations.

6.7.e. The caregiver shall use a substitute for no more than two consecutive full weeks annually or more than an average of eight hours weekly.

6.7.f. The caregiver shall not knowingly use an individual as a substitute who has a felony conviction or who has been convicted of one of the crimes listed in subdivision 6.4.d. of this rule.

W. Va. Code R. § 78-19-6