(a) The secretary shall enforce this article.
(b) An on-site evaluation of every facility regulated pursuant to this chapter, except registered family 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) A random sample of not less than five percent of the total number of registered family child care homes, informal family child care homes and relative family child care homes shall be monitored annually through on-site evaluations.
(d) The secretary shall have access to the premises, personnel, children in care and records of each facility subject to inspection, including at a minimum, case records, corporate and financial records and board minutes. Applicants for licenses, approvals, and certificates of registration shall consent to reasonable on-site administrative inspections, made with or without prior notice, as a condition of licensing, approval, or registration.
(e) When a complaint is received by the secretary alleging violations of licensure, approval, or registration requirements, the secretary shall investigate the allegations. The 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.
(f) The secretary may enter any unlicensed, 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. Those entries shall be made with a law-enforcement officer present. The secretary may enter upon the premises of any unregistered residence only after two attempts by the secretary to bring this facility into compliance.
Structure West Virginia Code
Article 2. State Responsibilities for Children
§49-2-101. Authorization and Responsibility
§49-2-102. Minimum Staffing Complement for Child Protective Services
§49-2-103. Proceedings by the State Department
§49-2-104. Education of the Public
§49-2-105. Administrative and Judicial Review
§49-2-106. Department Responsibility for Foster Care Homes
§49-2-107. Foster-Home Care; Minimum Standards; Certificate of Operation; Inspection
§49-2-108. Visits and Inspections; Records
§49-2-109. Placing Children From Other States in Private Homes of State
§49-2-110. Development of Standards of Child Care
§49-2-111. Supervision of Child Welfare Agencies by the Department; Records and Reports
§49-2-111a. Performance Based Contracting for Child Placing Agencies
§49-2-111b. Study of Kinship Foster Care Families
§49-2-111c. Priorities for Use of Funds
§49-2-114. Application for License or Approval
§49-2-115. Conditions of Licensure, Approval and Registration
§49-2-115a. Head Start Program Licenses
§49-2-116. Investigative Authority; Evaluation; Complaint
§49-2-117. Revocation; Provisional Licensure and Approval
§49-2-118. Closing of Facilities by the Secretary; Placement of Children
§49-2-119. Supervision; Consultation; State Fire Marshall to Cooperate
§49-2-120. Penalties; Injunctions; Venue
§49-2-122. Waivers and Variances to Rules
§49-2-123. Annual Reports; Directory; Licensing Reports and Recommendations
§49-2-124. Certificate of Need Not Required; Conditions; Review
§49-2-126. The Foster Child Bill of Rights
§49-2-127. The Foster and Kinship Parent Bill of Rights
§49-2-127a. Foster and Kinship Parent Duties; Foster Parent and Kinship Parent Agreements
§49-2-128. Reasonable and Prudent Foster Parent Standard
§49-2-201. Findings and Purpose
§49-2-202. When Family Preservation Services Required
§49-2-203. Caseload Limits for Home-Based Preservation Services
§49-2-204. Situational Criteria Requiring Service
§49-2-205. Service Delivery Through Service Contracts; Accountability
§49-2-206. Special Services to Be Provided
§49-2-207. Development of Home-Based Family Preservation Services
§49-2-301. Findings and Intent; Advisory Council
§49-2-302. Creation of Statewide Quality Rating System; Rule-Making; Minimum Requirements
§49-2-401. Continuation, Transfer and Renaming of Trust Fund; Funding
§49-2-501. Children to Whom Article Applies; Intent
§49-2-502. Powers of the Secretary
§49-2-503. Report of Birth of Special Health Care Needs Child
§49-2-504. Assistance by Other Agencies
§49-2-603. Eligibility; Primary Focus
§49-2-701. Caregiver Consent for Minor's Health Care; Treatment
§49-2-702. Duty of Health Care Facility or Practitioner
§49-2-703. Affidavit of Caregiver Consent; Requirements
§49-2-704. Revocation and Termination of Consent; Written Notice; Validity
§49-2-705. Good Faith Reliance on Affidavit; Applicability
§49-2-706. Exceptions to Applicability
§49-2-707. Penalty for False Statement
§49-2-708. Rule-Making Authority
§49-2-803. Persons Mandated to Report Suspected Abuse and Neglect; Requirements
§49-2-804. Notification of Disposition of Reports
§49-2-805. Educational Programs; Requirements
§49-2-806. Mandatory Reporting of Suspected Animal Cruelty by Child Protective Service Workers
§49-2-807. Mandatory Reporting to Medical Examiner or Coroner; Postmortem Investigation
§49-2-808. Photographs and X Rays
§49-2-809. Reporting Procedures
§49-2-810. Immunity From Liability
§49-2-811. Abrogation of Privileged Communications; Exception
§49-2-812. Failure to Report; Penalty
§49-2-813. Statistical Index; Reports
§49-2-814. Task Force on Prevention of Sexual Abuse of Children
§49-2-901. Policy; Cooperation
§49-2-902. Division of Juvenile Services; Transfer of Functions; Juvenile Placement
§49-2-903. Powers and Duties; Comprehensive Strategy; Cooperation
§49-2-905. Juvenile Detention and Corrections Facility Personnel
§49-2-907. Examination, Diagnosis Classification and Treatment; Period of Custody
§49-2-909. Arrest Authority of Juvenile Correctional and Detention Officers
§49-2-911. Juvenile Benefit Funds; Uses; Reports
§49-2-912. Youth Reporting Centers
§49-2-913. Juvenile Justice Reform Oversight Committee
§49-2-1003. Rehabilitative Facilities for Status Offenders; Requirements; Educational Instruction
§49-2-1004. The Juvenile Services Reimbursement Offender Fund; Use; Expenditures