HB 2354 Text

H. B. 2354

(By Delegates Laird, By Request, and Pino)
[Introduced January 22, 1999; referred to the
Committee on Government Organization then Finance.]

A BILL to amend and reenact section one, article two-b, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said chapter by adding thereto a new article, designated article two-e, all relating to the establishment of an accreditation program for child welfare agencies and child-placing agencies as an alternative to state licensure, certification or registration; providing a criminal penalty.

Be it enacted by the Legislature of West Virginia:
That section one, article two-b, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said chapter be further amended by adding thereto a new article, designated article two-e, all to read as follows:
ARTICLE 2B. DUTIES OF COMMISSIONER OF HUMAN SERVICES FOR CHILD WELFARE.

§49-2B-1. Policy and purpose; transfer of powers of child welfare licensing board.

(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 childcare services are not overencumbered by licensure, certification and registration requirements and that the extent of regulation of childcare facilities be moderately proportionate to the size of the facility.
(c) Through licensure, approval, certification, ~~and~~ registration or by requiring alternative accreditation of childcare 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 or alternative accreditation 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 childcare programs;
(4) To ensure that persons and entities offering childcare services are not unduly burdened by licensure, certification and regulation requirements; and
(5) To ensure that all childcare 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.
(6) With respect to a child welfare agency or child-placing agency sponsored by a religious organization, nothing in this chapter gives a governmental agency authority to regulate, control, supervise, or in any way be involved in the:
(A) Form, manner or content of religious instruction, ministry, teaching or the curriculum offered by the school or facility;
(B) Ability of the child welfare agency or child-placing agency to select and supervise qualified personnel and otherwise control the terms of employment, including the right to employ individuals who share the religious views of the school facility;
(C) Internal self-governance and autonomy of the school or facility; or
(D) Religious environment of the child welfare agency or child-placing agency, such as symbols, art, icons and scripture.
(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.
ARTICLE 2E. ACCREDITATION OF CHILDCARE FACILITIES, CHILD WELFARE AGENCIES AND CHILD-PLACING AGENCIES.
§49-2E-1. Alternative accreditation program.
The department shall establish a streamlined procedure by which the department authorizes a childcare facility, child welfare agency or child-placing agency that is otherwise required to obtain licensure, certification, or registration under article two-b of this chapter to operate the agency without a license if the facility or agency is accredited by an accreditation organization approved by the department.
§49-2E-2. Accreditation organization.
(a) To qualify for approval by the department under section one of this article, an accreditation organization must:
(1) Be a recognized private organization that promulgates, publishes and requires compliance with standards and inspection procedures for childcare facilities, child welfare agencies or child-placing agencies that meet or exceed the state's minimum requirements for childcare facilities, child welfare agencies and child-placing agencies under article two-b of this chapter, with the exception of standards relating to the internal self- governance of a facility or agency and to the curriculum, teaching or instruction of the facility or agency;
(2) Not have any person serve as a member of the governing body of the accrediting organization who has a proprietary or financial interest in a childcare facility, child welfare agency or child-placing agency that is accredited by the accrediting organization; and
(3) Demonstrate a strong commitment to ensuring the provision of high-quality childcare services.
(b) An accreditation organization must file a copy of its minimum standards and inspection procedures for childcare facilities, child welfare agencies or child-placing agencies with the department to enable the department to make its determination under subsection (a) of this section.
§49-2E-3. Approved accreditation organization.
(a) The department shall approve an accreditation organization under this article if the department determines that the accreditation organization has satisfied the requirements prescribed by this article.
(b) An approval granted by the department under this section is valid for one year.
(c) The department shall prescribe an annual renewal procedure for an approved accreditation organization that ensures continued compliance with this article.
(d) The department may use the remedies specified in article two-b of this chapter, to address exigent situations in which an approved accreditation organization does not timely correct an action that endangers the health and safety of children.
§49-2E-4. Registration to operate under accreditation.
(a) A childcare facility, child welfare agency or child- placing agency that is accredited by an approved accreditation organization may register with the department to operate under that accreditation by filing:
(1) A registration in a simple form prescribed by the department;
(2) A copy of the certificate, license or award letter of accreditation from the accreditation body showing that the agency is accredited; and
(3) A copy of the written accreditation report of the agency from the accreditation body.
(b) The department may charge a childcare facility, child welfare agency or child-placing agency a single administrative fee in a reasonable amount that is sufficient to cover the costs of the department in processing and acting on the registration.
(c) The department shall process and act on a registration not later than the thirtieth day after the date on which the department receives all of the required information.
§49-2E-5. Background and criminal history checks.
(a) An approved accreditation organization shall obtain from the department information regarding reported cases of child abuse or neglect and shall investigate personnel criminal records, if any, and personnel medical records for purposes of reviewing the general character and fitness of:
(1) A person who registers with the commissioner to operate under this article or a holder of a certificate issued under this article;
(2) An operator of a childcare facility, child welfare agency or child-placing agency accredited by the organization and seeking to register with the commissioner under section four of this article, or issued a certificate to operate under that accreditation under this article; and
(3) An employee of or an applicant for employment by a childcare facility, child welfare agency or child-placing agency accredited by the organization and seeking to register with the department under section four of this article, or issued a certificate to operate under that accreditation under this chapter.
(b) The department by rule may provide for not issuing or not renewing a certificate to operate under accreditation or may revoke a certificate based on the results of a background or criminal history check conducted by the department under this section.
§49-2E-6. Acceptance of accreditation instead of license.
(a) The department shall issue a certificate to operate under accreditation to a childcare facility, child welfare agency or child-placing agency that registers with the commissioner under section four of this article if:
(1) The facility or agency submits all of the information required by subsection (a), section four of this article;
(2) The facility or agency remits any required administrative fee under subsection (h), section four of this article; and
(3) The department verifies that the facility or agency is accredited by and in good standing with an approved accreditation organization.
(b) A certificate issued under this section is not transferable and applies only to the operator named in the registration.
(c) A certificate is valid for one year.
§49-2E-7. Renewal of certificate.
The department shall provide for an annual renewal of a certificate issued to an operator of a childcare facility, child welfare agency or child-placing agency under section six of this article. The department shall renew the certificate if the child welfare agency or child-placing agency maintains accreditation from the approved accreditation organization.
§49-2E-8. Notification of revocation or withdrawal of accreditation.
Not later than the seventh day after the date on which an approved accreditation organization revokes or withdraws the accreditation of a childcare facility, child welfare agency or child-placing agency that is exempt from licensing under this article, the organization shall notify the department of the revocation or withdrawal.
§49-2E-9. Revocation or withdrawal of approval to operate under accreditation.
(a) A holder of a certificate issued under section six of this article may not operate a childcare facility, child welfare agency or child-placing agency under this article if an accreditation organization has revoked or withdrawn the accreditation of the childcare facility, child welfare agency or child-placing agency, unless the department grants the holder a certificate of license, certificate of registration, or statement of certification under article two-b of this chapter or a provisional licensure or certification.
(b) The department may adopt rules as necessary to implement this section.
§49-2E-10. Authority to conduct limited inspections.
(a) The department may inspect a childcare facility, child welfare agency or child-placing agency that has received a certificate to operate under accreditation as provided by section six of this article if:
(1) The department has received a complaint or report of child abuse or neglect alleged to have occurred at the agency; or
(2) The department has received a complaint indicating that despite efforts made by an accreditation organization approved under section three of this article, an agency certified to operate under accreditation under section four of this article, has violated the standards of the accreditation organization and the violation creates an immediate threat to the health or safety of children attending or residing in the facility or agency.
(b) This article does not affect the authority of local, regional, or state health department officials, the state fire marshal or local fire prevention officials to inspect a childcare facility, child welfare agency or child-placing agency that is certified to operate under accreditation under this article.
(c) If, as provided by subsection (a) of this section, the department has inspected a childcare facility, child welfare agency or child-placing agency that has received a certificate to operate under accreditation as provided by section six of this article, the department may require the agency to take appropriate corrective action to eliminate any violations of the standards of the accreditation organization or such other action as the department determines necessary to ensure the health or safety of the children attending or residing in the facility or agency. The department may continue to inspect the facility or agency until corrective action has been taken and for such reasonable time after corrective action to ensure continued compliance with standards.
§49-2E-11. Emergency suspension of child welfare agency or child-placing agency.
(a) The department shall suspend a certificate of a childcare facility, child welfare agency or child-placing agency issued under section six of this article and, if appropriate, place the children attending or residing in facility or agency elsewhere if:
(1) The commissioner finds the facility or agency is operating in violation of the standards of its accrediting organization; and
(2) The violation creates an immediate threat to the health and safety of the children attending or residing in the facility or agency.
(b) An order suspending the certificate of a childcare facility, child welfare agency or child-placing agency is immediately effective on the date on which the certificate holder receives written notice or on a later date specified in the order.
(c) An order is valid for ten days after the effective date of the order.
(d) The suspension of a certificate and the appeal from that action are governed by the procedures for a contested case hearing under section one, article five, chapter twenty-nine-a of this code.

NOTE: The purpose of this bill is to establish an accreditation program for child welfare agencies and child- placing agencies as an alternative to state licensure, certification or registration. The bill also provides a criminal penalty for violators.

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

Article 2E is new; therefore, strike-throughs and underscoring have been omitted.

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