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Child Care Subsidy Policy October 1, 2024 67 Although in-home child care providers are exempt from West Virginia regulatory requirements, they are required to comply with State of West Virginia regulatory statutes. Background checks are completed by DoHS to determine if staff, providers, or any other adults in a caregiver’s home have a history of child/adult abuse or neglect, or a criminal record and meet health and safety standards and training requirements to participate in the certificate system and receive federal funds. The home must meet certain health and safety requirements and the provider must meet certain health and safety requirements including a background check. Background checks include sex offender checks along with the criminal, Adult Protective Services and Child Protective Services checks. 7.1.2.2 Limitations of In-Home Care A. Minimum Wage Requirement. In-home care is limited to situations where payment will equal or exceed minimum wage. In general, a provider must care for multiple children to meet this requirement. To determine if payment will equal minimum wage, calculate the number of hours the provider will care for the children and multiply by the current minimum wage. Then compute the provider’s customary payment using the current daily payment rates for in-home care, including any amounts for non-traditional work hours. For Example: A provider cares for children for 10 hours a day. At a minimum wage of $8.75 per hour that would be $87.50 daily. There are 6 children in the family – 2 infants at $18.00 per day = $36, and four older children at $16 = $64. Since the total payment would be $100.00, this situation would exceed minimum wage. Staff shall also consider amounts received for non-traditional work hours as part of the daily rate. B. Exception to Minimum Wage Requirement. In instances where a child has medically documented needs that necessitate in-home care and the payment would not be equal to minimum wage, the CCR&R case manager may submit an exception request to the WV DoHS, Division of Early Care and Education. Written documentation of the need from a qualified health care professional required and must show absolute necessity. Exceptions will be rare and time limited. 7.1.2.3 Required Forms: The parent and provider must complete the following: A. The parent must complete an Application for Approval for In-Home Care (ECE-CC-12). B. The potential provider must complete the WV CARES process prior to completing the ECE-CC-12. The WV CARES “clear to hire” letter must accompany the application. C. The CCR&R case manager shall inform parents who use this type of care that an in-home care provider is an employee of the parent according to laws related