W. Va. Code R. § 78-20-4

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

Section 78-20-4 - Certificate of Registration Information

4.1. Application for Registration.

4.1.a. Initial -- The department shall issue an initial certificate of registration to an informal or relative family child care home upon application and compliance with this rule.

4.1.b. Renewal -- The department shall issue a renewal of the certificate of registration to an informal or relative family child care home upon application for renewal, which shall be submitted at least 30 days before expiration of the current certificate.

4.2. General Requirements.

4.2.a. An informal or relative family child care home shall be registered under the name of only one caregiver per residence.

4.2.b. An informal or relative family child care home shall be located in the residence of the caregiver.

4.2.c. An informal or relative family child care home shall comply with the provisions of this rule.

4.3. Departmental Action on Applications for Registration -- Within 60 days of receipt of an application for certificate of registration, the secretary shall provide a written decision to the informal or relative family child care home that does one of the following:

4.3.a. Issues a regular certificate of registration if the informal or relative family child care home certifies compliance with all of the requirements of this rule; or

4.3.b. Denies a certification of registration if the informal or relative family child care home does not certify substantial compliance with all of the requirements of this rule.

4.4. Terms and Conditions of Registration.

4.4.a. A certificate of registration is not transferable to another informal or relative family child care home.

4.4.b. A certificate of registration applies only to the informal or relative family child care home at the location identified in the application.

4.4.c. An informal or relative family child care home shall show its certificate of registration to parents and the public upon request.

4.4.d. The department shall maintain a record of all substantiated complaints against registered informal or relative family child care homes and subsequent corrective action. The department will provide this record to parents and the public upon request.

4.4.e. A regular certificate of registration is valid for a period of up to two years from the date of issuance unless revoked.

4.5. Limitations on a Certificate of Registration.

4.5.a. Based on the findings below, the secretary may place limitations on a certificate of registration:

4.5.a.1. Provision of other home-based services, such as foster care and adult family care; or

4.5.a.2. Non-compliance issues that require a corrective action plan approved by the secretary.

4.5.b. The limitations may apply to:

4.5.b.1. The age, gender, and type of problems of children in care;

4.5.b.2. The intake of additional children; or

4.5.b.3. The total number of children in the home.

4.6. Waivers and Variances.

4.6.a. An informal or relative family child care home may request a waiver or variance of any requirement in this rule if:

4.6.a.1. The health, safety, or well-being of children in the home is not adversely affected; and

4.6.a.2. The rule does not prohibit a waiver or variance for the requirement.

4.6.b. If the caregiver wishes to request a waiver or variance, the caregiver shall submit a written request addressed to the secretary that includes the following information:

4.6.b.1. The specific requirement to be waived or varied;

4.6.b.2. The reasons for seeking a waiver or variance and why a specific requirement should not be applied in a particular circumstance; and

4.6.b.3. The reasons for seeking a variance and how compliance with a specific requirement of this rule can be accomplished in a manner different from that set forth in W. Va. Code § 49-2-101et seq., W. Va. Code § 49-2-202et seq., or in this rule.

W. Va. Code R. § 78-20-4