comprehensive-background-check-pre-service-check-requirements (PROVISIONAL HIRE)

Reason(s) for non-compliance: • The Lead Agency does not require a qualifying result from an FBI criminal background check or in-state criminal background check with fingerprints before a prospective staff member begins work, as required by 98.43(d)(4). (Plan Questions 5.7.12a and 5.7.12b) • The Lead Agency allows the prospective staff member to work unsupervised before receiving a qualifying result on the comprehensive background check requirements, as required by 98.43(d)(4). (Plan Question 5.7.12i) Overall Target Completion Date: 08/31/2028 Action Step Number Action Step Description Target Completion Date 1 The Lead Agency does not require a qualifying result from an FBI criminal background check or in-state criminal background check with fingerprints before a prospective staff member begins work, as required by 98.43(d)(4). (Plan Questions 5.7.12a and 5.7.12b) 10/31/2025 2 Revised 78CSR1 child care centers, 78CSR21 out of school time centers, 78CSR18 family child care facilities, 78CSR19 family child care homes, and 78CSR20 informal/relative family homes. 04/28/2023 3 Explore how other states conduct background checks Consult with Legal Develop policies/procedures on Plan of Action 06/30/2025 4 Approvals from Leadership Update Background Check Guide 09/30/2025 5 Present information at 2025 All State Directors Meeting and Family Child Care Conferences 10/31/2025 6 The Lead Agency allows the prospective staff member to work unsupervised before receiving a qualifying result on the comprehensive background check requirements, as required by 98.43(d)(4). (Plan Question 5.7.12i) 08/31/2028 7 Propose rule change within WV DoHS BFA chain of command and Legal team to obtain approval to update 78 CSR 1, 18, 19, 20, 21 to include requirement that comprehensive background checks are required prior to working unsupervised. 04/30/2027 8 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. 07/30/2027 9 Seek promulgation of proposed rule via Legislative approval. Final rule will go into effect August 2028 08/31/2028