comprehensive-background-check-background-check-processes

Reason(s) for non-compliance: • The Lead Agency or other state agency is not the entity conducting or making eligibility determinations for interstate background checks and does not ensure the privacy of the interstate background check results, as required by 98.43(a)(1)(i) and 98.43(e)(2). (Plan Question 5.7.10) • The Lead Agency background check appeals process does not attempt to verify the accuracy of the information challenged by the child care staff member, get completed in a timely manner, include a response to the individual with a written notice of the decisions, or coordinate with other agencies when conducting background checks, as required by 98.43(e)(3)(iii). (Plan Questions 5.7.11iii, 5.7.11iv, 5.7.11v, and 5.7.11vi) • The Lead Agency does not ensure background checks are completed within 45 days of the request, as required by 98.43(e)(1). (Plan Question 5.7.13a) • The Lead Agency does not ensure that child care staff that reside in a different State receive a comprehensive background check, as required by 98.43(a)(1) and 98.43(e)(1). (Plan Question 5.7.13b) • The Lead Agency does not ensure that background check fees do not exceed the actual costs for the processing and administration, as required by 98.43(f). (Plan Question 5.7.16) • The Lead Agency does not conduct background checks when a provider is separated from employment for more than 180 consecutive days, as required by 98.43(d)(3)(iii). (Plan Question 5.7.17) Overall Target Completion Date: 08/31/2028 Action Step Number Action Step Description Target Completion Date 1 The Lead Agency or other state agency is not the entity conducting or making eligibility determinations for interstate background checks and does not ensure the privacy of the interstate background check results, as required by 98.43(a)(1)(i) and 98.43(e)(2). (Plan Question 5.7.10) 08/31/2028 2 Explore how other states are making eligibility determinations for interstate background checks and ensuring privacy. 02/28/2025 3 Consult with DoHS Legal Dept to determine steps needed to meet this requirement. 03/31/2025 4 Develop policies/procedures on plan of action 06/30/2025 5 Seek approval from WV DoHS BFA Leadership for proposed changes to policies, procedures and plan of action 08/29/2025 6 Update background check guide 08/29/2025 7 Present revisions at 2025 All State Directors Meeting and Family Child Care Conferences The Lead Agency background check appeals process does not attempt to verify the accuracy of the information challenged by the child care staff member, get completed in a timely manner, include a response to the individual with a written notice of the decisions, or coordinate with other agencies when conducting background checks, as required by 98.43(e)(3)(iii). (Plan Questions 5.7.11iii, 5.7.11iv, 5.7.11v, and 5.7.11vi) 10/31/2025 8 Consult with WV CARES to discuss appeals process, timelines, and written notice information. Consult with DoHS Legal Department 02/28/2025 9 Develop policies/processes on Plan of Action including review of regulations to determine needed revisions. Obtain approvals from Leadership 09/30/2025 10 Present information at 2025 All State Director Meeting and All Family Child Care Conferences 10/31/2025 11 The Lead Agency does not ensure background checks are completed within 45 days of the request, as required by 98.43(e)(1). (Plan Question 5.7.13a) 03/31/2025 12 Consult with WV CARES to determine Code requirements for completing background checks within the 45 days as required. Work with WV CARES on a system to ensure WV DoHS BFA ECE is notified that the 45 days as required is met. 03/31/2025 13 The Lead Agency does not ensure that child care staff that reside in a different State receive a comprehensive background check, as required by 98.43(a)(1) and 98.43(e)(1). (Plan Question 5.7.13b) 10/31/2025 14 Explore how other states ensure interstate background checks are conducted. Consult with Legal Develop policies/procedures on Plan of Action 06/30/2025 15 Approvals from Leadership Update background check guide 08/29/2025 16 Present at 2025 All State Directors Meeting and Family Child Care Conferences 10/31/2025 17 The Lead Agency does not ensure that background check fees do not exceed the actual costs for the processing and administration, as required by 98.43(f). (Plan Question 5.7.16) The Lead Agency does not conduct background checks when a provider is separated from employment for more than 180 consecutive days, as required by 98.43(d)(3)(iii). (Plan Question 5.7.17) 08/31/2028 18 Consult with WV CARES to determine background check fees Consult with Identigo to determine background check fees Develop Letters of Agreement for family child care facility, home, and informal/relative home providers requiring employees separated more than 180 consecutive days have background checks. 01/31/2025 19 Propose rule change within WV DoHS BFA chain of command and Legal team. Provide a public forum for proposed regulation change. Provide a public comment period for proposed regulation change. Final WV DoHS BFA approval of proposed rule, including amendments due to public forum and public comment period. File approved rule with the state register and legislative rule-making committee within 90 days. 03/31/2025 20 Seek promulgation of proposed rule via Legislative approval. Final rule will go into effect August 2028 06/30/2025