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Introduced Version Senate Bill 522 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 522

(By Senators Caruth, Barnes, Bowman and Kessler)

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[Introduced February 10, 2010; referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.]

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A BILL to amend and reenact §49-2B-8 of the Code of West Virginia, 1931, as amended, relating to authorizing Federal Bureau of Investigation criminal history record checks for child welfare agencies.

Be it enacted by the Legislature of West Virginia:
That §49-2B-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2B. DUTIES OF SECRETARY OF HEALTH AND HUMAN RESOURCES FOR CHILD WELFARE.

§49-2B-8. Application for license or approval.

(a) Any person or corporation or any governmental agency intending to act as a child welfare agency shall apply for a license, approval or registration certificate to operate child care facilities regulated by this article. Applications for licensure, approval or registration shall be made separately for each child care facility to be licensed, approved, certified or registered.
(b) The secretary shall prescribe forms and reasonable application procedures including, but not limited to, fingerprinting of applicants and other persons responsible for the care of children for submission to the State Police and, if necessary, or to the Federal Bureau of Investigation for criminal history record checks.
(c) Before issuing a license, or approval, the secretary shall investigate the facility, program and persons responsible for the care of children. The investigation shall include, but is not be limited to, review of resource need, reputation, character and purposes of applicants, a check of personnel criminal records, if any, and personnel medical records, the financial records of applicants and consideration of the proposed plan for child care from intake to discharge.
(d) Before a home registration is granted, the secretary shall make inquiry as to the facility, program and persons responsible for the care of children. The inquiry shall include self- certification by the prospective home of compliance with standards including, but not limited to:
(1) Physical and mental health of persons present in the home while children are in care;
(2) Criminal and child abuse or neglect history of persons present in the home while children are in care;
(3) Discipline;
(4) Fire and environmental safety;
(5) Equipment and program for the children in care;
(6) Health, sanitation and nutrition.
(e) Further inquiry and investigation may be made as the secretary may direct.
(f) The secretary shall make makes a decision on each application within sixty days of its receipt and shall provide provides to unsuccessful applicants written reasons for the decision.




NOTE: The purpose of this bill is to authorize FBI criminal history record checks for child welfare agencies.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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