H. B. 4790
(By Delegate Hatfield)
[Introduced February 24, 2006; referred to the
Committee on Government Organization.]
A BILL to repeal §49-2B-15 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §49-2B-1, §49-2B-2,
§49-2B-3, §49-2B-4, §49-2B-5, §49-2B-6, §49-2B-7, §49-2B-8,
§49-2B-9, §49-2B-10, §49-2B-11, §49-2B-12, §49-2B-13,
§49-2B-14, §49-2B-16 and §49-2B-17, all relating to
prescribing and modifying the duties of the Secretary of the
Department of Health and Human Resources in child welfare
placement; modifying requirements related to child care
placement in certain homes or facilities; updating statutory
language; and, repealing the section of the code concerning
the establishment of pilot day care programs.
Be it enacted by the Legislature of West Virginia:
That §49-2B-15 of the Code of West Virginia, 1931, as amended,
be repealed; and that §49-2B-1, §49-2B-2, §49-2B-3, §49-2B-4,
§49-2B-5, §49-2B-6, §49-2B-7, §49-2B-8, §49-2B-9, §49-2B-10, §49-2B-11, §49-2B-12, §49-2B-13, §49-2B-14, §49-2B-16 and §49-2B-17
of said code be amended and reenacted, all
to read as follows:
ARTICLE 2B. DUTIES OF SECRETARY OF HEALTH AND HUMAN RESOURCES FOR
CHILD WELFARE.
§49-2B-1. Policy and purpose.
(a) It is the policy of the state to assist a child and the
child's family as the basic unit of society through efforts to
strengthen and preserve the family unit. In the event of a
temporary or permanent absence of parents or the separation of a
child from the family unit for care or treatment purposes, it is
the policy of the state to assure that a child receives care and
nurturing as close as possible to society's expectations of a
family's care and nurturing of its child. The state has a duty to
assure that proper and appropriate care is given and maintained.
(b) It is also the policy of this state to ensure that those
persons and entities offering quality child care services are not
over-encumbered by licensure certification and registration
requirements and that the extent of regulation of child care
facilities and child placing agencies be moderately proportionate
to the size of the facility.
(c) Through licensure, approval certification and registration
of child care, facilities and child welfare agencies the state
exercises its benevolent police power to protect the user of a
service from risks against which he or she would have little or no competence for self protection. Licensure, approval certification
and registration processes shall therefore continually balance the
child's rights and need for protection with the interests, rights
and responsibility of the service providers.
(d) In order to carry out the above policy, the Legislature
enacts this article to protect and prevent harm to children
separated from their families and to enhance their continued growth
and well-being while in care.
(e) The purposes of this article are:
(1) To protect the health, safety and well-being of children
in substitute care by preventing improper and harmful care;
(2) To establish statewide rules for regulating programs as
defined in this article;
(3) To encourage and assist in the improvement of child care
programs;
(4) To ensure that persons and entities offering child care
services are not unduly burdened by licensure certification and
regulation registration requirements; and
(5) To ensure that all child care programs be safe, reliable
and geared to the ages and needs of the children they serve, meet
basic health and safety standards, and employ people who have the
training and experience needed to work with children.
(f) In order to carry out these purposes, the powers of the
child welfare licensing board created by chapter nineteen, acts of the Legislature, one thousand nine hundred forty-five, are hereby
transferred to the commissioner of human services, along with the
other powers granted by this article.
§49-2B-2. Definitions.
As used in this article, unless the context otherwise
requires:
(a) "Approval" means a finding by the commissioner secretary
that a facility operated by the state has met the requirements set
forth in the rules promulgated pursuant to this article.
(b) "Certificate of approval" means a statement of the
commissioner secretary that a facility operated by the state has
met the requirements set forth in the rules promulgated pursuant to
this article.
(c) "Certificate of license" means a statement issued by the
commissioner secretary authorizing an individual, corporation,
partnership, voluntary association, municipality or county, or any
agency thereof, to provide specified services for a limited period
of time in accordance with the terms of the certificate.
(d) "Certificate of registration" means a statement issued by
the commissioner secretary to a family day child care home,
informal family child care home or relative child care home upon
receipt of a self-certification statement of compliance with the
rules promulgated pursuant to the provisions of this article.
(e) "Certification" means a statement issued by the commissioner to a family day care facility upon satisfactory
inspection, approval and certification that the facility has
complied with the applicable rules promulgated by the commissioner.
(f) (e) "Child" for the purpose of residential services under
this article means any person under eighteen years of age or is a
transitioning adult.
(f) "Child" for the purpose of child care services means an
individual who meets one of the following conditions:
(1) Is under thirteen years of age;
(2) Is thirteen to eighteen years of age and presenting a
significant delay of at least twenty-five percent in one or more
areas of development, or a six month delay in two or more areas as
determined by an early intervention program, special education
program or other multi-disciplinary team.
(g) "Child care" means responsibilities assumed and services
performed in relation to a child's physical, emotional,
psychological, social and personal needs and the consideration of
the child's rights and entitlements, but does not include secure
detention or incarceration under the jurisdiction of the Division
of Juvenile Services, created under section two, article five-e of
this chapter. It includes the provision of child care services or
residential services.
(h) "Child-placing agency" means a child welfare agency
organized for the purpose of placing children in private family homes for foster care or for adoption. The function of a
child-placing agency may include the investigation and
certification of foster family homes and foster family group homes
as provided in this chapter. The function of a child-placing
agency may also include the supervision of children who are sixteen
or seventeen years old and living in unlicensed residences.
(i) "Child welfare agency" means any agency or facility
maintained by the state or any county or municipality thereof, or
any agency or facility maintained by an individual, firm,
corporation, association or organization, public or private, to
receive children for care and maintenance or for placement in
residential care facilities, including, without limitation, private
homes, or any facility that provides care for unmarried mothers and
their children: Provided, That the term does not include juvenile
detention facilities or juvenile correctional facilities operated
by or under contract with the division of juvenile services,
created under section two, article five-e of this chapter, nor any
other facility operated by that division for the secure housing or
holding of juveniles committed to its custody.
(j) "Commissioner" means the commissioner of human services.
(k) (h) "Day Child care center" means a facility maintained by
an individual, firm, corporation, association or organization,
public or private, operated by a child welfare agency for the care
of thirteen or more children for child care services in any setting, if the facility is open for more than thirty days per year
per child. on a nonresidential basis.
(i) "Child care services" means direct care and protection for
children during a portion of a twenty-four hour day outside of the
child's own home which provides experiences to children that foster
their healthy development and education.
(j) "Child-placing agency" means a child welfare agency
organized for the purpose of placing children in private family
homes for foster care or for adoption. The function of a
child-placing agency may include the investigation and
certification of foster and adoptive family homes as provided in
this chapter. The function of a child-placing agency may also
include the supervision of children who are sixteen or seventeen
years old and transitioning adults and living in unlicensed
residences.
(k) "Child welfare agency" means any agency or facility
maintained by the state or any county or municipality thereof, or
any agency or facility maintained by an individual, firm,
corporation, association or organization, public or private, to
receive children for care and maintenance or for placement in
residential care facilities, including, without limitation, private
homes, or any facility that provides care for unmarried mothers and
their children: Provided, That the term does not include juvenile
detention facilities or juvenile correctional facilities operated by or under contract with the Division of Juvenile Services,
created under section two, article five-e of this chapter, nor any
other facility operated by that division for the secure housing or
holding of juveniles committed to its custody.
(l) (l) "Department" means the Department of Health and Human
Resources.
(m) "Facility" means a place or residence, including
personnel, structures, grounds and equipment, used for the care of
a child or children on a residential or other basis for any number
of hours a day in any shelter or structure maintained for that
purpose: Provided, That the term does not include any juvenile
detention facility or juvenile correctional facility operated by or
under contract with the Division of Juvenile Services, created
pursuant to section two, article five-e of this chapter, for the
secure housing or holding of juveniles committed to its custody.
(n) "Family day child care home" means a facility which is
used to provide nonresidential child care services for compensation
in a provider's residence. other than the child's own home The
provider may care for four to six children at one time, including
children who are living in the household, who are under six years
of age. No more than two of the total number of children may be
under twenty-four months of age.
(o) "Family day child care facility" means any facility which
is used to provide nonresidential child care services for compensation for seven to twelve children, including children who
are living in the household, who are under six years of age. No
more than four of the total number of children may be under
twenty-four months of age. A facility may be in a provider's
residence or a separate building.
(p) "Foster family group home" means a private residence which
is used for the care on a residential basis of six, seven or eight
children who are unrelated by blood, marriage or adoption to any
adult member of the household.
(q) (p) "Foster family home" means a private residence which
is used for the care on a residential basis of no more than five
children who are unrelated by blood, marriage or adoption to any
adult member of the household.
(r) "Group home" means any facility, public or private, which
is used to provide residential child care for ten or fewer
children.
(s) "Group home facility" means any facility, public or
private, which is used to provide residential care for eleven or
more children: Provided, That the term does not include any
juvenile detention facility or juvenile correctional facility
operated by or under contract with the division of juvenile
services, created pursuant to section two, article five-e of this
chapter, for the secure housing or holding of juveniles committed
to its custody.
(q) "Informal family child care" means a home that is used to
provide nonresidential child care services for compensation for
three or fewer children, including children who are living in the
household, who are under six years of age. Care is given in the
provider's own home to at least one child who is not related to the
caregiver.
(t) (r) "License" means the grant of official permission to a
facility to engage in an activity which would otherwise be
prohibited.
(s) "Out-of-school time" means a child care service which
offers activities to children before and after school, on school
holidays, when school is closed due to emergencies, and on school
calender days set aside for teacher activities.
(u) (t) "Registration" means the process by which a family day
child care home, informal family child care home or a relative
family child care home self-certifies compliance with the rules
promulgated pursuant to this article.
(v) (u) "Residential child care" or "child care on a
residential basis services" means child care which includes the
provision of nighttime shelter and the personal discipline and
supervision of a child by guardians, custodians or other persons or
entities on a continuing or temporary basis. It may include care
and/or treatment for transitioning adults: Provided, That the term
does not include or apply to any juvenile detention facility or juvenile correctional facility operated by the Division of Juvenile
Services, created pursuant to section two, article five-e of this
chapter, for the secure housing or holding of juveniles committed
to its custody.
(v) "Relative family child care" means a home that provides
nonresidential child care services only to children related to the
care giver. The care giver is a grandparent, great grandparent,
aunt, uncle, great aunt, great uncle or adult sibling of the child
or children receiving care. Care is given in the provider's home.
(w) "Rule" means a statement issued by the commissioner
secretary of the standard to be applied in the various areas of
child care.
(x) "Transitioning adult" means an individual with a transfer
plan to move to an adult setting who meets one of the following
conditions:
(i) Is eighteen years of age but under twenty-one years of
age, was in departmental custody upon reaching eighteen years of
age and committed an act of delinquency before reaching eighteen
years of age, remains under the jurisdiction of the juvenile court,
and requires supervision and care to complete an education and/or
treatment program which was initiated prior to the eighteenth
birthday.
(ii) Is eighteen years of age but under twenty-one years of
age, was adjudicated abused, neglected, or in departmental custody upon reaching eighteen years of age and enters into a contract with
the department to continue in an educational, training, or
treatment program which was initiated prior to the eighteenth
birthday.
(y) "Secretary" means the Secretary of the Department of
Health and Human Resources.
(x) (z) "Variance" means a declaration that a rule may be
accomplished in a manner different from the manner set forth in the
rule.
(y) (aa) "Waiver" means a declaration that a certain rule is
inapplicable in a particular circumstance.
§49-2B-3. Licensure, approval and registration requirements.
(a) Any person, corporation or child welfare agency, other
than a state agency, which operates a residential child care
facility service, a child-placing agency, family child care
facility or a day child care center shall obtain a license from the
department.
(b) Any residential child care facility service, day child
care center, family child care facility or any child-placing agency
operated by the state shall obtain approval of its operations from
the commissioner secretary: Provided, That this requirement does
not apply to any juvenile detention facility or juvenile
correctional facility operated by or under contract with the
Division of Juvenile Services, created pursuant to section two, article five-e of this chapter, for the secure housing or holding
of juveniles committed to its custody. The facilities and placing
agencies shall maintain the same standards of care applicable to
licensed facilities, centers or placing agencies of the same
category.
(c) Any family day care facility which operates in this state,
including family day care facilities approved by the department for
receipt of funding, shall obtain a statement of certification from
the department.
(d) (c) Every family day child care home which operates in
this state, including family day care homes approved by the
department for receipt of funding, shall obtain a certificate of
registration from the department.
(d) Any informal family child care home or relative family
child care home may voluntarily register and obtain a certificate
of registration from the department.
(e) This section does not apply to:
(1) A kindergarten through the twelfth grade education
preschool or school education program which is operated by a public
school or which is granted a compulsory school attendance exemption
accredited by the State Department of Education; or any child care
center other kindergarten, preschool or school programs which
operate with sessions not exceeding four hours per day for any
child; or, any approved West Virginia prekindergarten programs as defined by the Department of Health and Human Resources and the
Department of Education: Provided, That any such residential
school program whose primary purpose is to provide behavioral
health or specialized services to children who exhibit behavioral,
developmental, or emotional difficulties shall obtain a license
from the department;
(2) An individual or facility which offers occasional care of
children for brief periods while parents are shopping, engaging in
recreational activities, attending religious services or engaging
in other business or personal affairs;
(3) Summer recreation camps operated for children attending
sessions for periods not exceeding recreational overnight camps
operating for less than thirty days per child;
(4) Out-of-school time programs;
(4) (5) Hospitals or other medical facilities which are
primarily used for temporary residential care of children for
treatment, convalescence or testing; or
(5) Persons providing family day care solely for children
related to them; or
(6) (5) Any juvenile detention facility or juvenile
correctional facility operated by or under contract with the
Division of Juvenile Services, created pursuant to section two,
article five-e of this chapter, for the secure housing or holding
of juveniles committed to its custody.
(f) The commissioner is hereby authorized to issue an
emergency rule relating to conducting a survey of existing
facilities in this state in which children reside on a temporary
basis in order to ascertain whether they should be subject to
licensing under this article or applicable licensing provisions
relating to behavioral health treatment providers.
§49-2B-4. Rules.
(a) The commissioner secretary shall promulgate rules in
accordance with the provisions of chapter twenty-nine-a of this
code regarding the licensure, approval, certification and
registration of child care facilities and child placing agencies
and the implementation of the provisions of this article. The rule
shall provide at a minimum the requirement that every residential
child care facility shall be subject to an annual time study
regarding the quantification of staff supervision time at each
facility. Every residential child care facility shall participate
in the time study at the request of the department.
(b) The commissioner secretary shall review the rules
promulgated pursuant to the provisions of this article at least
once every five years, making revisions when necessary or
convenient: Provided, That on or before the first day of
September, two thousand six, the department shall promulgate
emergency rules pursuant to the provisions of article three,
chapter twenty-nine-a of this code that amends and replaces licensing requirements for group residential programs for children,
78 CSR 3, and child placing agencies for children, 78 CSR 2.
Provided, however, That on or before the first day of July, two
thousand six, the department shall promulgate emergency rules
pursuant to the provisions of article three, chapter twenty-nine-a
of this code that creates requirements for informal family child
care homes and relative family child care homes that voluntarily
register with the department. All individuals, facilities,
entities, programs, agencies or family child care homes subject to
said emergency rules shall have one hundred eighty days to come
into compliance after promulgation of such rules.
§49-2B-5. Penalties; injunctions.
(a) Any individual or corporation which operates a child
welfare agency, residential child care facility or day child care
center without a license when a license is required is guilty of a
misdemeanor, and, upon conviction thereof, shall be punished by
imprisonment in jail not exceeding one year, or a fine of not more
than five hundred dollars, or both fined and imprisoned.
(b) Any family day child care facility which operates without
certification a license when certification a license is required is
guilty of a misdemeanor, and, upon conviction thereof, shall be
punished by a fine of not more than five hundred dollars.
(c) Where a violation of this article or a rule promulgated by
the commissioner secretary may result in serious harm to children under care, the commissioner secretary may seek injunctive relief
against any person, corporation, child welfare agency, child
placing agency, day child care center, family day child care
facility, family day child care home or governmental official
through proceedings instituted by the Attorney General, or the
appropriate county prosecuting attorney, in the circuit court of
Kanawha County or in the circuit court of any county where the
children are residing or may be found.
§49-2B-6. Conditions of licensure, approval and registration.
(a) A license or approval is effective for a period up to of
two years from the date of issuance, unless revoked or modified to
provisional status based on evidence of a failure to comply with
the provisions of this article or any rules promulgated pursuant to
this article. The license or approval shall be reinstated upon
application to the commissioner secretary and a determination of
compliance.
(b) An initial six-month license or approval shall be issued
to an applicant establishing a new service found to be in
compliance on initial review with regard to policy, procedure,
organization, risk management, human resources, service environment
and record keeping regulations;
(c) A provisional license or approval may be issued when a
licensee is not in compliance with this rule but does not pose a
significant risk to the rights, well-being, health and safety of a consumer. It shall expire not more than six months from date of
issuance, and not be consecutively reissued unless the provisional
recommendation is that of the State Fire Marshal.
(d) A renewal license or approval may be issued of any
duration up to two years at the discretion of the secretary. In
the event a renewal license is not issued, the facility must make
discharge plans for residents and cease operation within thirty
days of the expiration of the license.
(b) A statement of certification is effective for a period of
two years from the date of issuance, unless revoked or modified to
provisional status based on evidence of a failure to comply with
the provisions of this article or any rules promulgated pursuant to
this article. The statement of certification shall be reinstated
upon application to the commissioner and a determination of
compliance.
(c) (e) A certificate of registration is effective for a
period of two years from the date of issuance, unless revoked based
on evidence of a failure to comply with the provisions of this
article or any rules promulgated pursuant to this article. The
certificate of registration shall be reinstated upon application to
the commissioner secretary, including a statement of assurance of
continued compliance with the rules promulgated pursuant to this
article.
(d) (f) The license, approval certification or registration issued under this article is not transferable and applies only to
the facility and its location stated in the application. The
license, registration or approval or certification shall be
publicly displayed: Provided, That family day care homes, foster
and adoptive family homes, informal family child care homes and
relative family child care homes foster family group homes and
group homes shall be required to display licenses, statements of
certification or registration certificates of registration or
approval upon request rather than by posting.
(e) A provisional license, certification or approval may be
issued as:
(1) An initial license, certification or approval to a new
facility which has been unable to demonstrate full compliance
because the facility is not fully operational; or
(2) A temporary license, certification or approval to an
established licensed or certified facility which is temporarily
unable to conform to the provisions of this article or the rules
promulgated hereunder.
(f) A provisional license, certification or approval shall
expire six months from the date of issuance and may be reinstated
no more than two times. The issuance of a provisional license,
certification or approval shall be contingent upon the submission
to the commissioner of an acceptable plan to overcome identified
deficiencies within the period of the provisional license or approval.
(g) Provisional certificates of registration shall may be
issued to family day child care homes.
(h) The commissioner secretary, as a condition of issuing a
license, certification, registration or approval, may:
(1) Limit the age, sex or type of problems of children allowed
admission to a particular facility;
(2) Prohibit intake of any children; or
(3) Reduce the number of children which the agency, facility
or home operated by the agency is licensed, approved, certified or
registered to receive.
§49-2B-7. Waivers and variances to rules.
Waivers or variances of rules may be granted by the
commissioner secretary if the health, safety or well-being of a
child would not be endangered thereby. The commissioner secretary
shall promulgate by rule criteria and procedures for the granting
of waivers or variances so that uniform practices may be maintained
throughout the state.
§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, statement of certification, approval or registration
certificate to operate child care facilities regulated by this
article. Applications for licensure, certification, approval or registration shall be made separately for each child care facility
to be licensed, approved, certified or registered.
(b) The commissioner 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, to the Federal Bureau of Investigation for criminal
history record checks.
(c) Before issuing a license, certification or approval, the
commissioner secretary shall investigate the facility, program and
persons responsible for the care of children. The investigation
shall include, but 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 family day care home registration is granted, the
commissioner 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 family
day care 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
commissioner secretary may direct.
(f) The commissioner secretary shall make a decision on each
application within sixty days of its receipt and shall provide to
unsuccessful applicants written reasons for the decision.
§49-2B-9. Supervision and consultation required.
(a) The commissioner secretary shall provide supervision to
ascertain compliance with the rules promulgated pursuant to this
article through regular monitoring, visits to facilities,
documentation, evaluation and reporting. The commissioner
secretary shall be responsible for training and education, within
fiscal limitations, specifically for the improvement of care in
family day child care homes and facilities. The commissioner
secretary shall consult with applicants, the personnel of child
welfare agencies, and children under care to assure the highest
quality child care possible.
(b) The Director of the Department of Health and Human
Resources and the State Fire Marshal shall cooperate with the commissioner secretary in the administration of the provisions of
this article by providing such reports and assistance as may be
requested by the commissioner secretary.
§49-2B-10. Investigative authority.
(a) The commissioner secretary shall enforce the provisions of
this article.
(b) An on-site evaluation of every facility regulated pursuant
to this article, except certified family day care facilities and
registered family day child care homes, informal family child care
and relative family child care homes shall be conducted no less
than once per year by announced or unannounced visits.
(c) Every certified family day care facility shall be
satisfactorily inspected by the department prior to issuance of
certification. Future inspections shall occur at not longer than
two year intervals or upon receipt by the department of a complaint
about the facility.
(d) (c) A random sample of not less than five percent of the
total number of registered family day child care homes, informal
family child care homes and relative family child care homes shall
be monitored annually through on-site evaluations.
(e) (d) The commissioner secretary shall have access to the
premises, personnel, children in care and records of each facility
subject to inspection, including, but not limited to, case records,
corporate and financial records and board minutes. Applicants for licenses, approvals, certifications and certificates of
registration shall consent to reasonable on-site administrative
inspections, made with or without prior notice, as a condition of
licensing, approval, certification or registration.
(f) When a complaint is received by the commissioner secretary
alleging violations of licensure, approval, certification or
registration requirements, the commissioner secretary shall
investigate the allegations. The commissioner secretary may notify
the facility's director before or after a complaint is investigated
and shall cause a written report of the results of the
investigation to be made.
(g) The commissioner secretary may enter any unlicensed,
uncertified, unregistered or unapproved child care facility or
personal residence for which there is probable cause to believe
that the facility or residence is operating in violation of this
article. Such entries shall be made with a law-enforcement officer
present. The commissioner secretary may enter upon the premises of
any unregistered residence only after two attempts by the
commissioner secretary to bring this facility into compliance.
§49-2B-11. Revocation; provisional licensure and approval.
(a) The commissioner secretary may revoke or make provisional
the licensure or certification registration of any home, facility
or child welfare agency regulated pursuant to this article if a
facility materially violates any provision of this article, or any terms or conditions of the license, certification registration or
approval issued, or fails to maintain established requirements of
child care: Provided, That the provisions of this section shall
not apply to family day child care homes.
(b) The commissioner secretary may revoke the certificate of
registration of any family day child care home if a facility
materially violates any provision of this article, or any terms or
conditions of the registration certificate issued, or fails to
maintain established requirements of child care.
§49-2B-12. Closing of facilities by the secretary; placement of
children.
When the commissioner secretary finds that the operation of a
child care facility constitutes an immediate danger of serious harm
to children served by the facility, the commissioner secretary
shall issue an order of closure terminating operation of the
facility. When necessary, the commissioner secretary shall place
or direct the placement of the children in a residential child care
facility which has been closed into appropriate facilities. A
facility closed by the commissioner secretary may not operate
pending administrative or judicial review without court order.
§49-2B-13. Administrative and judicial review.
Any person, corporation, governmental official or child
welfare agency, aggrieved by a decision of the commissioner
secretary made pursuant to the provisions of this article may contest the decision upon making a request for a hearing by the
commissioner secretary within thirty days of receipt of notice of
the decision. Administrative and judicial review shall be made in
accordance with the provisions of article five, chapter
twenty-nine-a of this code. Any decision issued by the
commissioner secretary may be made effective from the date of
issuance. Immediate relief therefrom may be obtained upon a
showing of good cause made by verified petition to the circuit
court of Kanawha County or the circuit court of any county where
the affected facility or child welfare agency may be located. The
pendency of administrative or judicial review shall not prevent the
commissioner secretary from obtaining injunctive relief pursuant to
section five of this article.
§49-2B-14. Annual reports; directory; licensing reports and
recommendations.
(a) The commissioner secretary shall submit on or before the
first day of January of each year a report to the Governor, and
upon request to members of the Legislature, concerning the
regulation of child welfare agencies, child-placing agencies, day
child care centers, family day child care facilities, family day
child care homes, informal family child care homes, relative family
child care homes and child care facilities during the year. The
report shall include, but not be limited to, data on the number of
children and staff at each facility (except family day child care, informal family child care homes and relative family child care),
applications received, types of licenses, certifications, approvals
and registrations granted, denied, made provisional or revoked and
any injunctions obtained or facility closures ordered.
(b) The commissioner secretary also shall compile annually a
directory of licensed, certified and approved child care providers
including a brief description of their program and facilities, the
program's capacity and a general profile of children served. A
listing of family day child care homes shall also be compiled
annually.
(c) Licensing reports and recommendations for licensure and
certification which are a part of the yearly review of each
licensed facility shall be sent to the facility director. Copies
shall be available to the public upon written request to the
commissioner secretary.
§49-2B-16. Education of the public.
The commissioner secretary shall provide ongoing education of
the public in regard to the requirements of this article through
the use of mass media and other methods as are deemed appropriate
and within fiscal limitations.
§49-2B-17. Implementation of the integrated pest management
program.
By the fifteenth day of August, one thousand nine hundred
ninety-five, the commissioner secretary shall implement the integrated pest management program promulgated under rules by the
Department of Agriculture under authority of section four, article
sixteen-a, chapter nineteen of this code.
NOTE: The purpose of this bill is to
prescribe and modify the
duties of the Secretary of the Department of Health and Human
Resources relative to child welfare placement requirements. The
bill, additionally, modifies requirements related to child care
placement vis a vis certain homes or facilities while also updating
statutory language to comply with current standards. Finally, the
bill repeals the section of the code concerning the establishment
of pilot day care programs.
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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