West Virginia Code
Article 2. State Responsibilities for Children
§49-2-303. Statewide Quality Improvement System; Financial Plan; Staffing Requirements; Public Awareness Campaign; Management Information System; Financial Assistance for Child Care Programs; Program Staff; Child Care Consumers

Attached to the proposed rules required in section three hundred two of this article, the Secretary of the Department of Health and Human Resources shall submit a financial plan to support the implementation of a statewide quality rating and improvement system and help promote quality improvement. The financial plan shall be considered a part of the rule and shall include specific proposals for implementation of the provisions of this section as determined by the secretary. The plan shall address, but is not limited to, the following:
(1) State agency staffing requirements may include the following:
(A) Highly trained evaluators to monitor the assessment process and ensure inter-rater reliability of eighty-five percent or higher;
(B) Technical assistance staff responsible for career advising, accreditation support services, improvement planning, portfolio development and evaluations for improvement planning only. The goal for technical assistance staffing is to ensure that individualized technical assistance is available to participating programs;
(C) A person within the department to collaborate with other professional development providers to maximize funding for training, scholarships and professional development. The person filling this position also shall encourage community and technical colleges to provide courses through nontraditional means, such as online training, evening classes and off-campus training;
(D) Additional infant and toddler specialists to provide high level professional development for staff caring for infants and to provide on-site assistance with infant and toddler issues;
(E) At least one additional training specialist at each of the child care resource and referral agencies to support new training topics and to provide training for school-age child care programs. Training providers, such as the child care resource and referral agencies shall purchase new training programs on topics, such as business management, the Devereux Resiliency Training and Mind in the Making; and
(F) Additional staff necessary for program administration;
(2) Implementation of a broad public awareness campaign and communication strategies that may include the following:
(A) Brochures, internet sites, posters, banners, certificates, decals and pins to educate parents; and
(B) Strategies, such as earned media campaigns, paid advertising campaigns, e-mail and internet-based outreach, face-to-face communication with key civic groups and grassroots organizing techniques; and
(3) Implementation of an internet-based management information system that meets the following requirements:
(A) The system shall allow for multiple agencies to access and input data;
(B) The system shall provide the data necessary to determine if the quality enhancements result in improved care and better outcomes for children;
(C) The system shall allow access by Department of Health and Human Resources subsidy and licensing staff, child care resource and referral agencies, the agencies that provide training and scholarships, evaluators and the child care programs;
(D) The system shall include different security levels in order to comply with the numerous confidentiality requirements;
(E) The system shall assist in informing practice; determining training needs; and tracking changes in availability of care, cost of care, changes in wages and education levels; and
(F) The system shall provide accountability for child care programs and recipients and assure funds are being used effectively;
(4) Financial assistance for child care programs needed to improve learning environments, attain high ratings and sustain long-term quality without passing additional costs on to families that may include, but are not limited to:
(A) Assistance to programs in assessment and individual program improvement planning and providing the necessary information, coaching and resources to assist programs to increase their level of quality;
(B) Subsidizing participating programs for providing child care services to children of low-income families in accordance with the following:
(i) Base payment rates shall be established at the seventy-fifth percentile of market rate; and
(ii) A system of tiered reimbursement shall be established which increases the payment rates by a certain amount above the base payment rates in accordance with the rating tier of the child care program;
(C) Two types of grants shall be awarded to child care programs in accordance with the following:
(i) An incentive grant shall be awarded based on the type of child care program and the level at which the child care program is rated with the types of child care programs having more children and child care programs rated at higher tiers being awarded a larger grant than the types of child care programs having less children and child care programs rated at lower tiers; and
(ii) Grants for helping with the cost of national accreditation shall be awarded on an equitable basis.
(5) Support for increased salaries and benefits for program staff to increase educational levels essential to improving the quality of care that may include, but are not limited to:
(A) Wage supports and benefits provided as an incentive to increase child care programs ratings and as an incentive to increase staff qualifications in accordance with the following:
(i) The cost of salary supplements shall be phased in over a five-year period;
(ii) The Secretary of the Department of Health and Human Resources shall establish a salary scale for each of the top three rating tiers that varies the salary support based on the education of the care giver and the rating tier of the program; and
(iii) Any center with at least a tier two rating that employs at least one staff person participating in the scholarship program required pursuant to paragraph (B) of this subdivision or employs degree staff may apply to the Secretary of the Department of Health and Human Resources for funding to provide health care benefits based on the Teacher Education and Compensation Helps model in which insurance costs are shared among the employees, the employer and the state; and
(B) The provision of scholarships and establishment of professional development plans for center staff that would promote increasing the credentials of center staff over a five-year period; and
(6) Financial assistance to the child care consumers whose income is at two hundred percent of the federal poverty level or under to help them afford the increased market price of child care resulting from increased quality.

Structure West Virginia Code

West Virginia Code

Chapter 49. Child Welfare

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

§49-2-112. Family Homes; Approval of Incorporation by Secretary of State; Approval of Articles of Incorporation

§49-2-113. Residential Child-Care Centers; Licensure, Certification, Approval, and Registration; Requirements

§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

§49-2-121. Rule-Making

§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

§49-2-125. Commission to Study Residential Placement of Children; Findings; Requirements; Reports; Recommendations

§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

§49-2-129. Transitional Living Services, Scattered-Site Living Arrangements, and Supervised Group Settings; Eligibility Criteria

§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

§49-2-303. Statewide Quality Improvement System; Financial Plan; Staffing Requirements; Public Awareness Campaign; Management Information System; Financial Assistance for Child Care Programs; Program Staff; Child Care Consumers

§49-2-304. Quality Rating and Improvement System Pilot Projects; Independent Third-Party Evaluation; Modification of Proposed Rule and Financial Plan; Report to Legislature; Limitations on Implementation

§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

§49-2-505. Cost of Treatment

§49-2-601. Findings; Intent

§49-2-602. Family Support Services; Responsibilities; Funds; Case Management; Outreach; Differential Fees

§49-2-603. Eligibility; Primary Focus

§49-2-604. Program Administration; Implementation; Procedures; Annual Evaluation; Coordination; Plans; Grievances; Reports

§49-2-605. Regional and State Family Support Councils; Membership; Meetings; Reimbursement of Expenses

§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

§49-2-801. Purpose

§49-2-802. Establishment of Child Protective Services; General Duties and Powers; Administrative Procedure; Immunity From Civil Liability; Cooperation of Other State Agencies

§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

§49-2-904. Rules for Specialized Training for Juvenile Corrections Officers and Detention Center Employees

§49-2-905. Juvenile Detention and Corrections Facility Personnel

§49-2-906. Medical and Other Treatment of Juveniles in Custody of the Division; Consent; Service Providers; Medical Care; Pregnant Inmates; Claims Processing and Administration by the Department; Authorization of Cooperative Agreements

§49-2-907. Examination, Diagnosis Classification and Treatment; Period of Custody

§49-2-908. Educational Services for Juveniles Placed in Predispositional and Postdispositional Facilities; Authorization; Cooperation; Rule-Making

§49-2-909. Arrest Authority of Juvenile Correctional and Detention Officers

§49-2-910. Juvenile Trustee Accounts and Funds, Earnings and Personal Property of Juveniles; Return of Property; Reports;

§49-2-911. Juvenile Benefit Funds; Uses; Reports

§49-2-912. Youth Reporting Centers

§49-2-913. Juvenile Justice Reform Oversight Committee

§49-2-1001. Purpose; Intent

§49-2-1002. Responsibilities of the Department of Health and Human Resources and Division of Juvenile Services of the Department of Military Affairs and Public Safety; Programs and Services; Rehabilitation; Cooperative Agreements

§49-2-1003. Rehabilitative Facilities for Status Offenders; Requirements; Educational Instruction

§49-2-1004. The Juvenile Services Reimbursement Offender Fund; Use; Expenditures

§49-2-1005. Legal Custody; Law-Enforcement Agencies

§49-2-1006. Reporting Requirements; Cataloguing of Services