Enrolled Version - Final Version
Senate Bill 610 History
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Introduced Version - Originating in Committee
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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
Senate Bill No. 610
(By Senators Helmick, McCabe, Bowman, Edgell,
D. Facemire, Fanning, Green, Prezioso, Unger,
Wells, White, Boley, K. Facemyer, Guills and Sypolt)
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[Passed March 13, 2010; in effect ninety days from passage.]
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AN ACT to amend and reenact §49-2B-3 of the Code of West Virginia,
1931, as amended, relating to child care services; providing
requirements for out-of-school time programs; exempting
certain programs; requiring registration of certain programs;
requiring licensed or registered child care centers to have an
annually updated written plan for evacuation in the event of
an emergency; providing for plan requirements; providing for
plan distribution and availability requirements; and making
the evacuation plan a point of investigation before a new
license is received."
Be it enacted by the Legislature of West Virginia:
That §49-2B-3 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-3. Licensure, certification, approval and registration
requirements.
(a) Any person, corporation or child welfare agency, other
than a state agency, which operates a residential child care center
shall obtain a license from the department.
(b) Any residential child care facility, day care center or
any child-placing agency operated by the state shall obtain
approval of its operations from the 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) Every family day 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.
(e) This section does not apply to:
(1) A kindergarten, preschool or school education program
which is operated by a public school or which is accredited by the
state Department of Education, or any other kindergarten, preschool
or school programs which operate with sessions not exceeding four
hours per day for any child;
(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 thirty days;
(4) Hospitals or other medical facilities which are primarily
used for temporary residential care of children for treatment,
convalescence or testing;
(5) Persons providing family day care solely for children
related to them;
(6) 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.
(7) Any out-of-school time program that has been awarded a
grant by the West Virginia Department of Education to provide out-of-school time programs to kindergarten through twelfth grade
students when the program is monitored by the West Virginia
Department of Education; or
(8) Any out-of-school time program serving children six years
of age or older and meets all of the following requirements, or is
an out-of-school time program that is affiliated and in good
standing with a national Congressionally chartered organization and
meets all of the following requirements:
(i) The program is located in a facility that meets all fire
and health codes;
(ii) The program performs background checks on all volunteers
and staff;
(iii) The program's primary source of funding is not from fees
for service; and,
(iv) The program has a formalized monitoring system in place.
(f) The secretary is 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.
(g) Any informal family child care home or relative family
child care home may voluntarily register and obtain a certificate
of registration from the department.
(h) All facilities or programs that provide out-of-school time
care shall register with the department upon commencement of
operations and on an annual basis thereafter. The department shall
obtain information such as the name of the facility or program, the
description of the services provided and any other information
relevant to the determination by the department as to whether the
facility or program meets the criteria for exemption under this
section.
(i) Any child care service that is licensed or receives a
certificate of registration shall have a written plan for
evacuation in the event of fire, natural disaster or other
threatening situation that may pose a health or safety hazard to
the children in the child care service.
(1) The plan shall include, but not be limited to:
(A) A designated relocation site and evacuation;
(B) Procedures for notifying parents of the relocation and
ensuring family reunification;
(C) Procedures to address the needs of individual children
including children with special needs;
(D) Instructions relating to the training of staff or the
reassignment of staff duties, as appropriate;
(E) Coordination with local emergency management officials;
and
(F) A program to ensure that appropriate staff are familiar with the components of the plan.
(2) A child care service shall update the evacuation plan by
December 31, of each year. If a child care service fails to update
the plan, no action shall be taken against the child care service's
license or registration until notice is provided and the child care
service is given thirty days after the receipt of notice to provide
an updated plan.
(3) A child care service shall retain an updated copy of the
plan for evacuation and shall provide notice of the plan and
notification that a copy of the plan will be provided upon request
to any parent, custodian or guardian of each child at the time of
the child's enrollment in the child care service and when the plan
is updated.
(4) All child care centers and family child care facilities
shall provide the plan and each updated copy of the plan to the
Director of the Office of Emergency Services in the county where
the center or facility is located.