5.3 Health and Safety Standards for CCDF Providers

Lead Agencies must have health and safety standards for providers serving children receiving CCDF assistance relating to the required health and safety topics as appropriate to the provider setting and age of the children served. This requirement is applicable to all child care programs receiving CCDF funds regardless of licensing status (i.e., licensed or license-exempt). The only exception to this requirement is for relative providers, as defined by CCDF. Lead Agencies have the option of exempting certain relatives from any or all CCDF health and safety requirements. Exemptions for relative providers’ standards requirements will be addressed in question 5.8.1. Describe the following health and safety standards for programs serving children receiving CCDF assistance on the following topics (note that monitoring and enforcement will be addressed in subsection 5.5): 5.3.1 Prevention and control of infectious diseases (including immunizations) health and safety standard a. Provide the standards, appropriate to the provider setting and age of children, that address the prevention and control of infectious diseases for the following CCDF-eligible providers: i. All CCDF-eligible licensed center care. Provide the standard: Child Care Centers 78CSR1 15.1.a. Upon admittance, a center shall have on file a record of a child’s immunizations or a plan for completion signed by the child’s licensed health care provider. For children experiencing homelessness and children in foster care, a grace period to complete the immunization will be based on the individual circumstances of the child. 15.2.b. A center shall provide parents with a West Virginia Health Check periodicity chart for child health exams and shall ensure that a child’s health assessment is updated with new or current information at least every two years for the child under the age of six years. 15.4.g.1. A center shall report to the local health department the introduction of a diagnosed reportable disease as listed in Appendix 78-1-B of this rule, including, chickenpox, diphtheria, giardia lamblia, hepatitis A, mumps, meningitis, pertussis (whooping cough), rheumatic fever, rubella (German measles), rubeola (measles), salmonella, shigella, and tuberculosis. 15.4.g.2. A center shall inform the parent of each child immediately of the presence of the disease and the need to contact a licensed health care provider for further information. 17.1. Personal Hygiene. All individuals on the center premises or participating in center activities shall practice good personal hygiene 17.1.a. Hand Washing. 17.1.a.1. Staff members shall wash their hands before starting work; 17.1.a.2. Staff members and children shall wash their hands with soap and warm, running water for at least 20 seconds: 17.1.a.2.A. When hands are contaminated with body fluids; 17.1.a.2.B. Before preparing, handling, or serving food, or setting the table. 17.1.b. Universal Precautions. With the exception of breast milk, staff members shall adopt universal precautions when exposed to blood and body fluids that might contain blood. APPENDIX 78-1-B: REPORTABLE ILLNESSES . ii. All CCDF-eligible licensed family child care homes. Provide the standard: Family Child Care Facility 78CSR18 6.4.e. A report of the child’s most recent medical checkup, which shall be supplied by the parents within 30 days of the child’s enrollment. The facility shall provide parents with a West Virginia Health Check periodicity chart for child health exams and shall ensure that a child’s health assessment is updated with new or current information at least every two years for the child under the age of six years. 6.4.f. A report of the child’s most recent immunization records which shall be supplied by the parents based on the following guidelines: 6.4.f.1. Immunization records shall be updated every two years and shall be completed based on the schedule recommended by the Department. 6.4.f.2. If immunizations are not current, the facility shall obtain a schedule for completion from the parent for the caregiver’s files. A grace period is permitted for children experiencing homelessness and children in foster care based on the individual circumstances of the child. 6.4.f.3. Exemption from immunization requirements shall be available for parents who provide a signed statement from a child’s health care provider indicating that immunization is contraindicated based on the child’s medical condition. 13.4. Staff shall provide parents with a national periodicity schedule for child health exams and a recommended immunization schedule. 20.4. The caregiver shall employ universal precautions for protection from disease and infection, as detailed in Appendix 78- 19-B of this rule. 20.7. The operator shall isolate or exclude staff and children with a serious communicable disease per the facility’s policy on management of sick children. 20.8. The operator shall notify parents of any communicable disease outbreak in the facility. Appendix 78-19-B Family Child Care Homes 10.1.a.1. Observe the children daily upon their arrival and note signs of illness or injury 10.1.a.2. Promptly report accidents, suspected illnesses, or exposure of a child to a communicable disease to the child’s parents. 10.2.d. The caregiver shall employ universal precautions for protection from disease and infection, as detailed in Appendix 78-19-B of this rule. 10.1.c. Caregivers shall provide parents with the recommended guidelines for immunizations and the periodicity schedule for Health Check Exams recommended by the West Virginia Early and Periodic Screening, Diagnosis, and Treatment Program. 10.1.d. The caregiver shall maintain a record of each child’s health examinations and immunizations according to the following guidelines: 10.1.d.1. A general medical examination for all children shall be obtained by the parents within 30 days of admission to the home, provided the examination was completed no more than six months prior to the child’s admission to the home; 10.1.d.2. Children’s medical examination records shall be updated every two years until the child is six years of age; 10.1.d.3. Immunization records shall be completed and updated according to the schedule recommended by the department; 10.1.d.4. If immunizations are not current, the caregiver shall obtain a schedule for completion from the parent for the family child care home’s files, including children experiencing homelessness and children in foster care. The grace period will be based on the individual circumstances of the child. 10.1.d.5. A family child care home shall not require immunization records for children whose parents provide written documentation when immunizations are contraindicated due to a medical condition documented by a physician. 10.2.c. The caregiver and the children shall thoroughly wash their hands with soap and water for at least 20 seconds any time they are soiled, including at the following times: 10.2.c.1. Before eating; 10.2.c.2. Before handling or preparing foods; 10.2.c.3. After contact with animals; 10.2.c.4. Before and after diaper changing, assisting a child with toilet use, or personal bathroom use; 10.2.c.5. When the caregiver or the children come into contact with blood or bodily fluids containing blood. Informal/Relative Family Child Care Homes 9.1 Health -- The caregiver shall obtain from the child’s parent a record of each child’s health examinations and immunizations and maintain the information in a file according to the following guidelines: 9.1.a. A general medical examination shall be obtained for all children within 30 days of admission to the home. The examination may be completed no more than six months prior to the child’s admission to the home. 9.1.b. The caregiver shall provide parents with a WV Health Check periodicity chart for child health exams and shall obtain from the parent a new health assessment updated with new or current information at least every two years for any child under the age of six years. 9.1.d. If immunizations are not current, the caregiver shall obtain a schedule for completion from the parent for the informal or relative family child care home’s files, unless the parent provides written documentation from a physician that immunizations are contraindicated due to the child’s medical condition. A grace period is permitted for children experiencing homelessness and children in foster care based on the individual circumstances of the child. 9.2. Sanitation. 9.2.a. The informal or relative family child care home shall have sufficient safe water for drinking, hand washing, and other household needs. 9.2.b. The caregiver and the children shall thoroughly wash their hands with soap and water for at least 20 seconds any time they are soiled, including at the following times: 9.2.b.1. Before eating. 9.2.b.2. Before handling or preparing foods. 9.2.b.3. After contact with animals. 9.2.b.4. Before and after diaper changing, assisting a child with toilet use, or personal bathroom use. 9.2.b.5. When the caregiver or the children come into contact with blood or bodily fluids. iii. All CCDF-eligible licensed in-home care. Provide the standard: NA [ ] Not applicable. iv. All CCDF-eligible license-exempt center care. Provide the standard: West Virginia has no license exempt providers v. All CCDF-eligible license-exempt family child care homes. Provide the standard: West Virginia has no license exempt providers vi. All CCDF-eligible license-exempt in-home care. Provide the standard: There are no published regulations for Relative In-home care. Requirements are explained and agreed to on the following forms ECE-CC- 6E and ECE-CC-12. vii. All CCDF-eligible out-of-school programs (afterschool programs, summer camps, day camps, etc.). Provide the standard: Out of School Time Child Care Center 78CSR21 6.6.a.1. A program shall retain a child’s record for a minimum of three years following the child’s discharge. The record shall include, but not be limited to, immunization record, admission or beginning service date, contact information for the parent of the child, contact information of the responsible person if designated by the parent, emergency information, agreements or acknowledgements signed by the parent pertaining to the child’s participation, and special instructions related to the child’s health and development. A grace period is permitted for children experiencing homelessness and children in foster care based on the individual circumstances of the child. 8.3.g. Ensure equipment is regularly cleaned, disinfected as needed, and discarded when no longer useable. b. Provide the standards, appropriate to the provider setting and age of children, that address that children attending child care programs under CCDF are age-appropriately immunized, according to the latest recommendation for childhood immunizations of the respective State public health agency, for the following CCDF-eligible providers: i. All CCDF-eligible licensed center care. Provide the standard: Child Care Centers 78CSR1 15.1.a. Upon admittance, a center shall have on file a record of a child’s immunizations or a plan for completion signed by the child’s licensed health care provider. For children experiencing homelessness and children in foster care, a grace period to complete the immunization will be based on the individual circumstances of the child. ii. All CCDF-eligible licensed family child care homes. Provide the standard: Family Child Care Facilities 78CSR18 6.4.f. A report of the child’s most recent immunization records which shall be supplied by the parents based on the following guidelines: 6.4.f.1. Immunization records shall be updated every two years and shall be completed based on the schedule recommended by the Department. 6.4.f.2. If immunizations are not current, the facility shall obtain a schedule for completion from the parent for the caregiver’s files. A grace period is permitted for children experiencing homelessness and children in foster care based on the individual circumstances of the child. 6.4.f.3. Exemption from immunization requirements shall be available for parents who provide a signed statement from a child’s health care provider indicating that immunization is contraindicated based on the child’s medical condition. Family Child Care Homes 78CSR19 10.1.d. The caregiver shall maintain a record of each child’s health examinations and immunizations according to the following guidelines: 10.1.d.3. Immunization records shall be completed and updated according to the schedule recommended by the department; 10.1.d.4. If immunizations are not current, the caregiver shall obtain a schedule for completion from the parent for the family child care home’s files, including children experiencing homelessness and children in foster care. The grace period will be based on the individual circumstances of the child. 10.1.d.5. A family child care home shall not require immunization records for children whose parents provide written documentation when immunizations are contraindicated due to a medical condition documented by a physician. Informal/Relative Family Child Care Homes 78CSR20 Health -- The caregiver shall obtain from the child’s parent a record of each child’s health examinations and immunizations and maintain the information in a file according to the following guidelines: 9.1.d. If immunizations are not current, the caregiver shall obtain a schedule for completion from the parent for the informal or relative family child care home’s files, unless the parent provides written documentation from a physician that immunizations are contraindicated due to the child’s medical condition. A grace period is permitted for children experiencing homelessness and children in foster care based on the individual circumstances of the child. iii. All CCDF-eligible licensed in-home care. Provide the standard: NA [ ] Not applicable. iv. All CCDF-eligible license-exempt center care. Provide the standard: West Virginia has no license exempt providers. v. All CCDF-eligible license-exempt family child care homes. Provide the standard: West Virginia has no license exempt providers. vi. All CCDF-eligible license-exempt in-home care. Provide the standard: There are no published regulations for Relative In-home care. Requirements are explained and agreed to on the following forms ECE-CC- 6E and ECE-CC-12 vii. All CCDF-eligible out-of-school programs (afterschool programs, summer camps, day camps, etc.). Provide the standard: Out of School Time 78CSR 21 6.6.a.1. A program shall retain a child’s record for a minimum of three years following the child’s discharge. The record shall include, but not be limited to, immunization record, admission or beginning service date, contact information for the parent of the child, contact information of the responsible person if designated by the parent, emergency information, agreements or acknowledgements signed by the parent pertaining to the child’s participation, and special instructions related to the child’s health and development. A grace period is permitted for children experiencing homelessness and children in foster care based on the individual circumstances of the child. 5.3.2 Prevention of sudden infant death syndrome and the use of safe-sleep practices health and safety standard Provide the standards, appropriate to the provider setting and age of children, that address the prevention of sudden infant death syndrome and use of safe sleeping practices for the following CCDF-eligible providers: i. All CCDF-eligible licensed center care. Provide the standard: Child Care Centers 78CSR1 3.45. Pre-service Training. -- Training completed by all child care staff and applicable volunteers as required by the S1086 Child Care and Development Block Grant (CCDBG) Act of 2014, Section I. Health and Safety Requirements (Pre- Service training modules 1-10 Safe Spaces, Emergency Preparedness, Hazardous Materials, Shaken Baby, Safe Sleep/Sudden Unexpected Infant Death Syndrome (SUIDs), Infectious Diseases, Medication Administration, Food Allergies, Transportation, and Child Development must be completed to meet compliance). 8.6.b. A center shall require all staff to meet approved pre-service training requirements and pre-service education qualifications. 8.6.e. A center shall document that preservice training and orientation training was provided by having the staff member and center director sign a statement acknowledging receiving both preservice and orientation training and shall keep the statement in the staff member’s file. 8.6.d.5. Policies and procedures for safety, including prevention of injury both indoors and outdoors, fire safety, emergency response and, for programs serving infants, safe sleep practices. 13.4.e.2. The mattress shall be manufactured for sale in the United States as infant sleeping equipment and fit the crib snugly with no more than one-half inch between it and the crib side; 13.4.e.3. Crib is sturdy, non-collapsible. 13.4.e.6. Drop-side cribs and cribs manufactured prior to 6/28/2011 is prohibited unless has mfg. certificate of compliance. 13.4.i.5. Seasonally appropriate covers or clothing shall be used, sufficient to maintain adequate warmth. For children 12 months of age and younger a sleeper may be worn, or a thin blanket used for a covering. If a blanket is used, it shall be tucked around the mattress of the crib and only cover the child as high as his or her chest; 13.4.i.6. Pillows or soft, fluffy bedding shall not be used for the child 12 months of age and under. ii. All CCDF-eligible licensed family child care homes. Provide the standard: Family Child Care Facilities 78CSR18 3.14. Pre-service Training ￿ Training completed by all child care staff and applicable volunteers as required by the S1086 Child Care and Development Block Grant (CCDBG) Act of 2014, Section I. Health and Safety Requirements (Pre-Service training modules 1-10 Safe Spaces, Emergency Preparedness, Hazardous Materials, Shaken Baby, Safe Sleep/Sudden Unexpected Infant Death Syndrome (SUIDs), Infectious Diseases, Medication Administration, Food Allergies, Transportation, and Child Development must be completed to meet compliance). 6.5.b. Documentation of the staff person’s qualifications and education or training attended in relation to early childhood development, past employment, and experience with children and a pre-service training certificate completed prior to hire. 7.2.a. Substitutes shall have approved training in pediatric cardio-pulmonary resuscitation, pre-service training, and receive an orientation from the operator. 10.5. The facility shall ask parents to provide children with clean, comfortable, non-flammable or flame retardant sleeping garments, a toothbrush, and a comb or brush. The facility shall label and store personal items separately for each child. (Overnight care) 11.2. Staff shall place an infant who is unable to turn over independently on his or her back to sleep unless medical documentation prohibits sleep in that position. 11.3. Staff shall use only a firm crib mattress covered by a sheet for sleep and keep soft objects and loose bedding out of an infant’s sleeping environment. 11.4. Staff shall clothe infants lightly for sleep and keep the sleeping area at a temperature that is comfortable for lightly clothed adults. 11.7. Effective December 28, 2012, the use of traditional drop side cribs, and any crib manufactured prior to June 28, 2011, is prohibited. Stackable cribs shall not be used. A family child care facility shall: 11.7.a. Only use cribs that comply with the Consumer Product Safety Commission crib standards, and were manufactured after June 28, 2011, and any portable pack and play yards manufactured after February 19, 2014; 11.7.b. Supply separate cribs or portable packs and play yards for infants. Portable packs and play yards shall not be used for infants able to climb; and 11.7.c. Have bars no farther than 2 3/8 inches apart. 14.1.a.7. Prior to caring for children, all current and potential staff are required to complete approved pre-service training. (Owner/Operator) 15.1.l. Completed approved pre-service training requirements or have a plan to do so within the first six months of employment. (Staff) 15.3.a.6. Complete approved pre-service training requirements or have a plan to do so within the first six months of employment. (Volunteers) Family Child Care Homes 78CSR19 3.12. Pre-service Training -- Training completed by all child care staff and applicable volunteers as required by the S1086 Child Care and Development Block Grant (CCDBG) Act of 2014, Section I. Health and Safety Requirements (Pre- Service training modules 1-10 Safe Spaces, Emergency Preparedness, Hazardous Materials, Shaken Baby, Safe Sleep/Sudden Unexpected Infant Death Syndrome (SUIDs), Infectious Diseases, Medication Administration, Food Allergies, Transportation, and Child Development must be completed to meet compliance). 6.3.a.2. Documentation verifying completion of approved pre-service health and safety training. (Caregiver) 16.1.a.1. Only use cribs and portable pack and play yards that comply with the Consumer Product Safety Commission standards, Cribs manufactured after June 28, 2011, and any portable pack and play yards manufactured after February 19, 2014. 16.1.a.2. Supply separate cribs or portable packs and play yards for infants. Family child care providers shall not use portable packs and play yards for infants able to climb 16.1.c. Shall not place soft pillows or stuffed animals in infant beds during sleep or nap times. 16.2.h. Place an infant who is unable to turn over independently on his or her back to sleep unless medical documentation prohibits sleep in that position. Informal/Relative Family Child Care Homes 78CSR20 6.3.a. An informal relative caregiver shall complete approved pre-service health and safety training prior to providing care. 6.3.f. A caregiver providing care for children under 13 months of age shall, within 60 days of accepting the child into care, complete either: 6.3.f.1. A Sudden Infant Death Syndrome self-study packet; or 6.3.f.2. Other approved Sudden Infant Death Syndrome training. 15.1.b. Shall not allow children under 13 months of age to sleep on any type of adult bed or sofa. 15.1.c. Shall not place soft pillows or stuffed animals in beds with children under 13 months of age during sleep or nap times. 15.2.b. Place an infant who is unable to turn over independently on his or her back to sleep unless medical documentation prohibits sleep in that position. iii. All CCDF-eligible licensed in-home care. Provide the standard: NA [ ] Not applicable. iv. All CCDF-eligible license-exempt center care. Provide the standard: West Virginia has no license exempt providers. v. All CCDF-eligible license-exempt family child care homes. Provide the standard: West Virginia has no license exempt providers. vi. All CCDF-eligible license-exempt in-home care. Provide the standard: There are no published regulations for Relative In-home care. Requirements are explained and agreed to on the following forms ECE-CC- 6E and ECE-CC-12. vii. All CCDF-eligible out-of-school programs (afterschool programs, summer camps, day camps, etc.). Provide the standard: Out of School Time Child Care Centers78CSR21 Not applicable to out of school time programs. 5.3.3 Administration of medication, consistent with standards for parental consent health and safety standard a. Provide the standards, appropriate to the provider setting and age of children, that address the administration of medication for the following CCDF-eligible providers: i. All CCDF-eligible licensed center care. Provide the standard: Child Care Centers 78CSR1 15.4.h.2. The center shall secure instructions from the child’s parent for each medication to be administered. The center may not accept instructions that indicate to administer the medication on an as needed basis unless the order is accompanied by a medical treatment plan written by the child’s licensed health care provider which describes the as needed condition. All medication instruction must be legibly written, signed by the parent, attached to the medication log, and shall include: 15.4.h.2.A. The child’s first and last name; 15.4.h.2.B. The name of the medication to be given; 15.4.h.2.C. The reason the medication is being given; and 15.4.h.2.D. Directions for the administration of the medication including the specific dosage, specific frequency or time to be given, route to be given, and the time of the last dosage administered by the parent. 15.4.h.4. A center shall store medication in its original packaging and shall place the medication in a locked cabinet or container that is inaccessible to children and can be opened only by key or combination. The container or cabinet shall be away from food and refrigerated or unrefrigerated according to instructions on the prescription, order, or label. Sunscreen, diaper ointment, and emergency medication are exempt from being stored in a locked cabinet or container but shall remain inaccessible to children. 15.4.h.4.A. Refrigerated medication shall be in a container which cannot leak. 15.4.h.4.B. If the container used is plastic, it shall be a hard-molded plastic container. Plastic bags are prohibited for storage. 15.4.h.4.C. Medication for staff shall be stored separately from children’s medication. 15.4.h.5. A center shall ensure that medication is only administered by designated qualified staff members who have passed the approved training in medication administration. 15.4.h.5. A center shall ensure that medication is only administered by designated qualified staff members who have passed the approved training in medication administration. 15.4.h.6. A center shall ensure that prescription medication is only administered when the prescriptive medicine bottle or package has the original pharmacy label showing the prescription number, name of the medication, date the prescription was filled, the licensed health care provider’s name, the child’s first and last names, specific, legible directions for administration and storage, and the expiration date. 15.4.h.7. A center shall ensure that non-prescription medication is only administered when the following criteria are met: 15.4.h.7.A. The center administers oral non- prescription medication for no more than three consecutive days within a 30-day period without written instruction from a licensed health care provider; 15.4.h.7.B. The center applies non-prescription topical products (ointments, creams, or lotions) for no more than five consecutive days within a 30-day period without written instruction from a licensed health care provider. Sunscreens, diaper ointments, or lip balms used for preventative purpose are excluded from this requirement; 15.4.h.7.C. The original non-prescriptive medicine bottle or package has a label with the child’s first and last names written by the parent, specific, legible directions for administration including the appropriate dosage based on weight or age, directions for storage, and verification that the medicine will not expire during the time to be used; 15.4.h.7.D. Medication to reduce fever does not contain aspirin or any product containing aspirin listed as an ingredient such as sodium bicarbonate (Alka-Seltzer®) or bismuth subsalicylate (Pepto- Bismol®); 15.4.h.7.E. Medication for teething pain that contains benzocaine is not to be used without instruction from the child’s health care provider; 15.4.h.7.F. Any topical containing diphenhydramine hydrochloride (Benadryl®) shall not be applied without written instruction from a licensed health care provider; 15.4.h.7.G. That the medication shall not be administered in a manner inconsistent with the manufacturer’s recommendations without written instructions from the child’s licensed health care provider; 15.4.h.7.H. The center shall ensure that a staff member assists as needed in the application of sunscreen or lip balm for a child up to school age. The sunscreen shall be applied in accordance with the product labeling guidelines; and 15.4.h.7.I. The center shall permit a school age child to apply his or her own sun screen or lip balm under the direct supervision of a staff member. 15.4.h.8. A center shall ensure that before administering medication when the directions are not legible, the parent checks with the child’s licensed health care provider or, if applicable, the pharmacy that filled the prescription; 15.4.h.9. When a child no longer needs the medication or its expiration date passes, a center shall return the medication to the parent, and document the date of its return. A center shall not administer medication after its expiration date; 15.4.h.10. A center shall ensure that records of medication administration are individual and kept: 15.4.h.10.A. In a medication log that is cumulative; and 15.4.h.10.B. Completed in ink by the staff member who administers the medication, and includes the child’s name, the name of the medication, the date and time of the administration, the dosage and route of the medication, the child’s reaction, if any, and the name of the staff member who administered it. 15.4.h.11. A center shall ensure when a documentation error is made that a single line is drawn through the error with the staff person correcting the error initialing it. 15.4.h.12. A center shall ensure if and when a medication error is made, the staff member who makes the error: 15.4.h.12.A. Informs the center director and the parent of the child affected by the error; 15.4.h.12.B. Completes a serious occurrence report as required under this rule; and 15.4.h.12.C. Observes the child for any reaction to the error. If the child shows a reaction, contact 911, and in the case of an overdose, contacts the poison control center. If 911 service is not available to the area, then emergency services shall be contacted. 15.4.h.13. A center may permit a child to self-administer his or her own medication under the following circumstances: 15.4.h.13.A. With written permission from the child’s parent and licensed health care provider and in accordance with procedures established in this rule, a child may self-administer asthma medication, emergency allergy medication, or other similar emergency medication; 15.4.h.13.B. With written permission from the child’s parent and licensed health care provider, the center may establish procedures to permit the child, under supervision, to self-administer insulin or other injected medication that the child requires; and 15.4.h.13.C. When the child self-administers medication, qualified staff members shall keep a written record of the administration in the medication log. 15.4.h.14. A center shall have a procedure that requires medication logs be reviewed on a daily basis to ensure that medicine is being properly administered and documented. 15.4.h.15. A center shall post the ￿Seven Rights of Medication Administration￿ near to the storage of medication. WV had a non-compliance dated 12/31/21 for which evidence was reviewed during monitoring cycle two but a CCDF Plan amendment was not submitted. ii. All CCDF-eligible licensed family child care homes. Provide the standard: Family Child Care Facilities 78CSR18 6.4.i. Written consent and instructions signed by parents regarding medications or special dietary needs. 6.4.j. A statement of any special needs of the child including allergies, existing illness or injuries, previous illnesses or injuries, and any medication prescribed for long-term continuous use. 14.1.a.6. Complete medication administration training from an approved training source. Except for the first year of operation, training in medication administration is in addition to the required 15 clock hours of approved annual training. (Operator) 14.2.f. Are responsible for the recruitment and hiring of staff, enrollment, and admissions, informing parents of the policies of the family child care facility program, and the training of staff in areas such as emergency and evacuation procedures, programming for children, working with parents, discipline policies, health care, sanitation procedures, release of children, child abuse and neglect reporting, symptoms of illness and medication administration. (Operator) 15.1.k. Have successfully completed training in medication administration from an approved training source or have a plan to do so within the first six months of employment (Staff) 15.1.m. Have received, prior to caring for children, an orientation from the operator with regard to evacuation procedures, discipline, child abuse and neglect reporting, recognition of symptoms of childhood illness, medication administration, and the requirements of this rule. (Staff) 15.4.a.9. Have received, prior to caring for children, an orientation from the operator with regard to evacuation procedures, discipline, child abuse and neglect reporting, recognition of symptoms of childhood illness, medication administration and the requirements of this rule. (Substitutes) 20.12.a. Non-prescription medications, including medical cannabis, only with prior written permission from the parents, which includes a written schedule with information about dosage amount, method, and times, or upon directions from the child’s health care provider. 20.12.b. 20.12.b. Prescription medication only from the original container clearly labeled with the child’s name and dosage, the date, and name of the medication, following the health care provider’s directions. Family Child Care Homes 78CSR19 10.1.b. A caregiver shall obtain written permission from parents to administer non-prescription and prescription medication according to the following guidelines: 10.1.b.1. Non-prescription medication, including medical cannabis, shall be administered according to a written schedule, with information about dosages, how to administer the medication, and times provided by the parents; and 10.1.b.2. Prescription medication shall be stored in original containers clearly labeled with the child’s name and dosage, date, and name of medication. 10.1.b.3. The caregiver shall administer the medication according to the label. Informal/Relative Family Child Care Homes 78CSR20 6.3.a. An informal relative caregiver shall complete approved pre-service health and safety training prior to providing care. iii. All CCDF-eligible licensed in-home care. Provide the standard: NA [ ] Not applicable. iv. All CCDF-eligible license-exempt center care. Provide the standard: West Virginia has no license exempt providers. v. All CCDF-eligible license-exempt family child care homes. Provide the standard: West Virginia has no license exempt providers. vi. All CCDF-eligible license-exempt in-home care. Provide the standard: NA vii. All CCDF-eligible out-of-school programs (afterschool programs, summer camps, day camps, etc.). Provide the standard: Out of School Time Centers 78CSR21 6.3.a.5. Health, including, at a minimum, any parental objection to treatment, exclusion, and re-admittance of the child with a communicable illness, and medication administration. 7.7.e. A program shall ensure that prior to any staff member administering medication; the staff member has received approved training in medication administration. 17.3. A center shall ensure that medication is only administered by designated qualified staff members with training in medication administration. 17.4. A center shall ensure that prescription medication is only administered when the prescriptive medicine bottle or package has the original pharmacy label showing the prescription number, name of the medication, date the prescription was filled, the licensed health care provider’s name, the child’s first and last names, specific, legible directions for administration and storage, and the expiration date. 17.5. A center shall ensure that non-prescription medication is only administered when the following criteria are met: 17.5.a. The center administers oral non-prescription medication for no more than three consecutive days within a 30-day period without written instruction from a licensed health care provider; 17.5.b. The center applies non- prescription topical products (ointments, creams, or lotions) for no more than five consecutive days within a 30-day period without written instruction from a licensed health care provider. Sunscreens or lip balms used for preventative purpose are excluded from this requirement; 17.5.c. The original non- prescription medicine bottle or package has a label with the child’s first and last names written by the parent, specific, legible directions for administration including the appropriate dosage based on weight or age, directions for storage, and verification that the medicine will not expire during the time to be used. 17.5.d. Medication does not contain aspirin (acetylsalicylic acid) or any form of salicylate such as Alka-Seltzer® or Pepto-Bismol®; 17.5.e. Medication for cough, cold, or congestion does not contain codeine; 17.5.f. Any topical containing diphenhydramine hydrochloride (Benadryl®) shall not be applied without written instruction from a licensed health care provider; 17.5.g. That the medication shall not be administered in a manner inconsistent with the manufacturer’s recommendations without written instructions from the child’s licensed health care provider. b. Provide the standards, appropriate to the provider setting and age of children, that address obtaining permission from parents to administer medications to children for the following CCDF-eligible providers: i. All CCDF-eligible licensed center care. Provide the standard: Child Care Centers 78CSR1 15.4.h.1. A center shall only administer medication with written permission from the child’s parent, and with a prescription or a written order from a licensed health care provider except as provided for in paragraph 15.4.h.7. 15.4.h.2. The center shall secure instructions from the child’s parent for each medication to be administered. The center may not accept instructions that indicate to administer the medication on an as needed basis unless the order is accompanied by a medical treatment plan written by the child’s licensed health care provider which describes the as needed condition. All medication instruction must be legibly written, signed by the parent, attached to the medication log, and shall include: 15.4.h.2.A. The child’s first and last name; 15.4.h.2.B. The name of the medication to be given; 15.4.h.2.C. The reason the medication is being given; and 15.4.h.2.D. Directions for the administration of the medication including the specific dosage, specific frequency or time to be given, route to be given, and the time of the last dosage administered by the parent. 15.4.h.8. A center shall ensure that before administering medication when the directions are not legible, the parent checks with the child’s licensed health care provider or, if applicable, the pharmacy that filled the prescription. 15.4.h.9. When a child no longer needs the medication or its expiration date passes, a center shall return the medication to the parent, and document the date of its return. A center shall not administer medication after its expiration date. 15.4.h.12. A center shall ensure if and when a medication error is made, the staff member who makes the error: 15.4.h.12.A. Informs the center director and the parent of the child affected by the error. 15.4.h.13. A center may permit a child to self-administer his or her own medication under the following circumstances: 15.4.h.13.A. With written permission from the child’s parent and licensed health care provider and in accordance with procedures established in this rule, a child may self-administer asthma medication, emergency allergy medication, or other similar emergency medication. 15.4.h.13.B. With written permission from the child’s parent and licensed health care provider, the center may establish procedures to permit the child, under supervision, to self-administer insulin or other injected medication that the child requires. ii. All CCDF-eligible licensed family child care homes. Provide the standard: Family Child Care Facilities 78CSR18 6.4.i. Written consent and instructions signed by parents regarding medications or special dietary needs. 6.4.j. A statement of any special needs of the child including allergies, existing illness or injuries, previous illnesses or injuries, and any medication prescribed for long-term continuous use. 20.12.a. Non-prescription medications, including medical cannabis, only with prior written permission from the parents, which includes a written schedule with information about dosage amount, method, and times, or upon directions from the child’s health care provider. Family Child Care Homes 78CSR19 10.1.b. A caregiver shall obtain written permission from parents to administer non- prescription and prescription medication. 10.1.b.1. Non-prescription medication, including medical cannabis, shall be administered according to a written schedule, with information about dosages, how to administer the medication, and times provided by the parents. Informal/Relative Family Child Care Homes 78CSR20 WV needs additional time to address the noncompliance dated 3/11/24 for Family Child Care Informal and Relative Home providers to be required to obtain parental consent prior to administering non-prescription and prescription medication. Child care regulations do not sunset until 2028. New regulations will be presented at the 2028 Legislative Session to include regulations requiring parental consent prior to administering medication. In the meantime, a Letter of Agreement has been developed to be signed by Family Child Care Informal/Relative providers agreeing to comply with medication administration parental consent requirements. The Letter of Agreement will be included in the initial and renewal application packets until a regulation is created and receives legislative approval at the regulation sunset provision in 2028. iii. All CCDF-eligible licensed in-home care. Provide the standard: [x]Not applicable. iv. All CCDF-eligible license-exempt center care. Provide the standard: West Virginia has no license exempt providers. v. All CCDF-eligible license-exempt family child care homes. Provide the standard: West Virginia has no license exempt providers. vi. All CCDF-eligible license-exempt in-home care. Provide the standard: There are no published regulations for Relative In-home care. Requirements are explained and agreed to on the following forms ECE-CC- 6E and ECE-CC-12. vii. All CCDF-eligible out-of-school programs (afterschool programs, summer camps, day camps, etc.). Provide the standard: Out of School Time Centers 78CSR21 6.3.a.5. Health, including, at a minimum, any parental objection to treatment, exclusion, and re-admittance of the child with a communicable illness, and medication administration. 17.1. A center shall only administer medication with written permission from the child’s parent, and with a prescription or a written order from a licensed health care provider except as provided for in subsection 17.5. 17.2. The center shall secure instructions from the child’s parent for each medication to be administered. The center shall not accept instructions that indicate to administer the medication on an as needed basis unless the order is accompanied by a medical treatment plan written by the child’s licensed health care provider which describes the as needed condition. All medication instruction must be legibly written, signed by the parent, attached to the medication log, and shall include: 17.2.a. The child’s first and last name; 17.2.b. The name of the medication to be given; 17.2.c. The reason the medication is being given; and 17.2.d. Directions for the administration of the medication including the specific dosage, specific frequency, or time to be given, and the route to be given. 5.3.4 Prevention of and response to emergencies due to food and allergic reactions health and safety standard a. Provide the standards, appropriate to the provider setting and age of children, that address the prevention of emergencies due to food and allergic reactions for the following CCDF-eligible providers: i. All CCDF-eligible licensed center care. Provide the standard: Child Care Centers 78CSR1 3.45. Pre-service Training. -- Training completed by all child care staff and applicable volunteers as required by the S1086 Child Care and Development Block Grant (CCDBG) Act of 2014, Section I. Health and Safety Requirements (Pre- Service training modules 1-10 Safe Spaces, Emergency Preparedness, Hazardous Materials, Shaken Baby, Safe Sleep/Sudden Unexpected Infant Death Syndrome (SUIDs), Infectious Diseases, Medication Administration, Food Allergies, Transportation, and Child Development must be completed to meet compliance). 16.2. Special Dietary Needs. When planning meals and snacks a center shall: 16.2.a. Consider information provided by the parent or a licensed health care provider about a child’s special dietary needs, including special needs because of a medical condition, allergy, or religious prohibition; 16.2.b. Obtain a written care plan from the parent stating any foods to be avoided, any foods to be substituted, and any need for special utensils; and 16.2.c. Keep information about the child’s special dietary needs in a location that is accessible to staff who prepare and serve food, while protecting a child’s right to confidentiality. 16.9.a.3. Providing to parents and staff a list of foods the center will not permit, including known food allergens to other children. 16.9.c. Each child’s meal or snack is clearly labeled with the child’s first and last names and the date it was brought to the center. 16.9.f. The center includes children with food allergies in the group during meal or snack time and closely supervises all children under school age during meal or snack time to prevent the cross contamination of food or accidental ingestion of a food allergen. ii. All CCDF-eligible licensed family child care homes. Provide the standard: Family Child Care Facilities 78CSR18 3.14. Pre-service Training ￿ Training completed by all child care staff and applicable volunteers as required by the S1086 Child Care and Development Block Grant (CCDBG) Act of 2014, Section I. Health and Safety Requirements (Pre-Service training modules 1-10 Safe Spaces, Emergency Preparedness, Hazardous Materials, Shaken Baby, Safe Sleep/Sudden Unexpected Infant Death Syndrome (SUIDs), Infectious Diseases, Medication Administration, Food Allergies, Transportation, and Child Development must be completed to meet compliance). 6.4.j. A statement of any special needs of the child including allergies, existing illness or injuries, previous illnesses or injuries, and any medication prescribed for long-term continuous use. 21.3. The operator shall consider information provided by parents about children’s eating habits, food preferences, and special dietary needs when planning menus. Family Child Care Homes 78CSR19 3.12. Pre-service Training -- Training completed by all child care staff and applicable volunteers as required by the S1086 Child Care and Development Block Grant (CCDBG) Act of 2014, Section I. Health and Safety Requirements (Pre-Service training modules 1-10 Safe Spaces, Emergency Preparedness, Hazardous Materials, Shaken Baby, Safe Sleep/Sudden Unexpected Infant Death Syndrome (SUIDs), Infectious Diseases, Medication Administration, Food Allergies, Transportation, and Child Development must be completed to meet compliance). Family Child Care Informal/Relative Homes 78CSR20 3.11. Pre- service Training -- Training completed by all child care staff and applicable volunteers as required by the S1086 Child Care and Development Block Grant (CCDBG) Act of 2014, Section I. Health and Safety Requirements (Pre-Service Training Modules 1-10 Safe Spaces, Emergency Preparedness, Hazardous Materials, Shaken Baby, Safe Sleep/Sudden Unexpected Infant Death Syndrome (SUIDS), Infectious Diseases, Medication Administration, Food Allergies, Transportation, and Child Development must be completed to meet compliance). iii. All CCDF-eligible licensed in-home care. Provide the standard: [x] Not applicable. iv. All CCDF-eligible license-exempt center care. Provide the standard: West Virginia has no license exempt providers. v. All CCDF-eligible license-exempt family child care homes. Provide the standard: West Virginia has no license exempt providers. vi. All CCDF-eligible license-exempt in-home care. Provide the standard: NA vii. All CCDF-eligible out-of-school programs (afterschool programs, summer camps, day camps, etc.). Provide the standard: Out of School Time Centers 78CSR21 3.24. Pre-service Training -- Training completed by all child care staff and applicable volunteers as required by the S1086 Child Care and Development Block Grant (CCDBG) Act of 2014, Section I. Health and Safety Requirements Pre-Service Training Modules 1-10 Safe Spaces, Emergency Preparedness, Hazardous Materials, Shaken Baby, Safe Sleep/Sudden Unexpected Infant Death Syndrome (SUIDS), Infectious Diseases, Medication Administration, Food Allergies, Transportation, and Child Development must be completed to meet compliance. 12.3.a.3. Providing to parents and staff a list of foods the center will not permit, including known food allergens to other children. b. Provide the standards, appropriate to the provider setting and age of children, that address the response to emergencies due to food and allergic reactions for the following CCDF-eligible providers: i. All CCDF-eligible licensed center care. Provide the standard: Click Child Care Centers 78CSR1 7.4.d. The names, addresses, and telephone numbers of the child’s sources of primary medical care and emergency medical care. 7.4.e. The child’s health insurance coverage and policy number; 7.4.f. A signed permission from the parent for emergency medical treatment and Transportation. 7.5. Information for emergency purposes. A center shall keep two copies of the information in subdivisions 7.4.a. through 7.4.h. of this rule, with the parent’s original signature on one copy. Photocopies are compliant for any subsequent copies of this information. A center shall keep: 7.5.a. One copy in the center’s files to be easily accessible at all times; and, 7.5.b. The other copy in the center’s emergency file, described in this rule, where it is available to accompany the child when the child is off-site. 14.8. Special Activity. When a center participates in a special activity, the center shall provide staff who are trained and supervised to enforce safety regulations, provide necessary instructions, and identify and manage environmental and other hazards related to the special activity. Prior to the special activity, the center shall: 14.8.a. Have on file an activity plan that includes, but is not limited to: 14.8.a.6. Special safety practices and emergency procedures. 14.10.c. Identify the name or names of the assigned qualified staff member or members responsible for the field trip who shall take with him or her a copy of the written field trip plan, first aid supplies, and emergency information for each participating child. (Field Trips) 15.2.a.5. A medical plan of care, if the child has a chronic health condition that requires specific attention or has the potential to become a medical emergency. 19.5. Emergency File. A center shall develop and maintain an emergency file with information for each enrolled child that is accessible to all staff members, including at off-site activities. 19.6.h. In the case of a medical emergency, identification of the staff responsible for implementing the plan. The plan for a medical emergency shall include: 19.6.h.1. The procedures to be followed; 19.6.h.2. The location of a center’s first aid kit and other emergency supplies; 19.6.h.3. The location of the child’s emergency information; 19.6.h.4. The name, address, and telephone number of a health professional or facility available to provide medical consultation to the center; 19.6.h.5. The name, address, telephone number, and location of the emergency facility to be used when a center cannot reach the child’s parent or licensed health care provider, or when transporting the ill or injured child to the preferred hospital could result in a serious delay in obtaining medical attention. 19.6.h.6. Identification of a means of transportation that is always available in case of an emergency, and telephone numbers for an ambulance or other transportation that might be required. 19.6.h.7. Other emergency telephone numbers as required in this rule. 19.9.a. For a medical emergency at a center, a center shall develop, implement, and maintain procedures for ensuring that staff members: 19.9.a.1. Attend to the injured child with first aid or follow appropriate emergency procedures if the child is experiencing an acute condition, including an asthma attack, seizure, or life threatening anaphylactic reaction; 19.9.a.2. Notify the parent or other individual designated by the parent to assume responsibility for the child and inform him or her of the child’s illness or injury and the center’s response; 19.9.a.3. Complete the required documentation. 19.9.b. For a medical emergency requiring treatment at a medical facility, a center shall provide staff to: 19.9.b.1. Accompany the ill or injured child to the medical facility; 19.9.b.2. Ensure that signed authorization for treatment accompanies the ill or injured child to a medical facility; 19.9.b.3. Notify the parent or other individual designated by the parent to assume responsibility for the child and inform him or her of the child’s illness or injury and the center’s response; 19.9.b.4. Inform the medical facility that the ill or injured child is being transported for treatment; and 19.9.b.5. Obtain substitute staff, if needed, to provide adequate supervision for the children who remain at the center. ii. All CCDF-eligible licensed family child care homes. Provide the standard: Family Child Care Facilities 78CSR18 6.4.b. Emergency contact information which shall be updated when information changes and shall include: 6.4.b.1. Home and work addresses and telephone numbers of the parents; 6.4.b.2. The names, addresses, and telephone numbers of any persons authorized to pick up the child; 6.4.b.3. The name of the child’s physician or other health care provider; and 6.4.b.4. The names of emergency contact persons. 6.4.c. Health insurance coverage and policy number for the child; 6.4.d Written authorization signed by the parents for emergency medical treatment transportation field trips and water activities. 9.1.f. Staff shall carry children’s emergency consent forms in the vehicle in case of accident or illness. 13.1.h. Written permission for field trips outside the facility, emergency medical treatment, water activity, and provision of medications. (Policies) 20.14. If it is necessary to secure emergency treatment for a child, a staff person shall accompany and remain with the child during care or treatment until the parent arrives. Family Child Care Informal/Relative 78CSR20 11.2. Prior to each child’s placement in the home, the provider shall obtain emergency contact information for each child, which includes emergency contacts, family information, and permission to seek medical treatment 12.1. Emergency Information. 12.1.a. A family child care home shall ensure that written emergency information is available near the telephone within easy access of the caregiver, children, and substitutes that contains telephone numbers for the following: 12.1.a.1. Police and fire departments; 12.1.a.3. Ambulance service; 12.1.a.4. A poison control center or the universal poison control center telephone number, 1-800-222-1222; 12.1.a.5. Parents’ work and home; 12.1.a.6. Numbers for each child’s health care provider; and 12.1.a.7. An emergency substitute, if applicable. 12.1.b. Emergency information for each child and parental permission forms for emergency medical treatment shall be obtained prior to a child’s placement in the home, maintained in the providers records, and updated when information changes. 12.1.c. Emergency information for each child includes emergency contacts, family information, permission to seek medical treatment, and permission to transport the child. iii. All CCDF-eligible licensed in-home care. Provide the standard:: [x] Not applicable. iv. All CCDF-eligible license-exempt center care. Provide the standard: West Virginia has no license exempt providers. v. All CCDF-eligible license-exempt family child care homes. Provide the standard: West Virginia has no license exempt providers. vi. All CCDF-eligible license-exempt in-home care. Provide the standard: There are no published regulations for Relative In-home care. Requirements are explained and agreed to on the following forms ECE-CC- 6E and ECE-CC-12. vii. All CCDF-eligible out-of-school programs (afterschool programs, summer camps, day camps, etc.). Provide the standard: Out of School Time Centers 78CSR21 6.6.a.1. A program shall retain a child’s record for a minimum of three years following the child’s discharge. The record shall include, but not be limited to, immunization record, admission or beginning service date, contact information for the parent of the child, contact information of the responsible person if designated by the parent, emergency information, agreements or acknowledgements signed by the parent pertaining to the child’s participation, and special instructions related to the child’s health and development. A grace period is permitted for children experiencing homelessness and children in foster care based on the individual circumstances of the child. 14.3. Emergency Policies, Procedures and Plan. A center shall develop, implement, and maintain policies and procedures for responding to an emergency. The plan shall include, but not be limited to: 14.3.a. For medical and non-medical emergencies. 5.3.5 Building and physical premises safety, including the identification of and protection from hazards, bodies of water, and vehicular traffic health and safety standard a. Provide the standards, appropriate to the provider setting and age of children, that address the identification of and protection from building and physical premises hazards for the following CCDF-eligible providers: i. All CCDF-eligible licensed center care. Provide the standard: Click o Child Care Centers 78CSR1 13.6.e.2. The position of the outdoor equipment prevents hazards from conflicting Activities. 20.2.a. Ensure that the premises, furnishings, equipment, and supplies are in good repair and present no hazard to the health and safety of the children. 20.3. Potential Hazards of Premises, Furnishings, Equipment, and Supplies. 20.3.a. Firearm Prohibition. A center shall prohibit firearms unless carried by a regulatory or law enforcement professional in the line of duty; and shall prohibit projectile weapons, including pellet or BB guns, darts, cap pistols, bows and arrows, slingshots, and paint ball guns. 20.3.b. Hazardous Chemical and Toxic Items. A center shall ensure that: 20.3.b.1. Products containing potentially hazardous chemicals, including identified poisons, medications, certain cleaning supplies, and art supplies, not clearly labeled as ￿nontoxic,￿ are inaccessible to the children in a locked cabinet away from food, and when possible, stored in their original containers and never in containers originally designed for food; and 20.3.b.2. For each product containing potentially hazardous chemicals, a center has on file a material safety data sheet, available at the point of purchase or from the manufacturer. 20.4. Outdoor Safety. 20.4.a. Barriers and Exits. 20.4.a.1. A center shall ensure that the outdoor activity area for a child under school age: 20.4.a.1.A. Is enclosed on all sides by a natural barrier or secure fence that is at least four feet high with a bottom edge that is less than three-and-a-half inches from the ground. 20.4.a.1.B. If it has a fence, the fence has no openings greater than three-and-a-half inches; 20.4.a.1.C. If it has a natural barrier, the barrier has the strength and density to prevent humans and animals from entering or exiting the playground; 20.4.a.1.D. If it is attached to a building, the barrier or fence provides at least two exits from the play area, including one exit that is at a distance from the building; 20.4.a.1.E. When it has an exit that does not lead directly indoors, that it is protected by a gate equipped with a closure mechanism that is out of the reach of a small child and prevents the child from leaving the play area but can be easily opened by an adult. 20.4.a.2. A center may use an unenclosed outdoor activity area for school-aged children if it is determined to be hazard-free by the Secretary. 20.4.c. Hazards. A center shall ensure that: 20.4.c.1. The play area is well drained and free of debris; 20.4.c.2. The outdoor environment is clear of hazards and all potential hazards such as heat pumps, air conditioning units, wiring, meters, and telephone boxes, are inaccessible to the child. 20.4.c.4. When there is reason to believe that exposure to the soil in the outdoor activity area might harm the child, it has on file evidence that the soil does not contain hazardous levels of any toxic chemical or substances. ii. All CCDF-eligible licensed family child care homes. Provide the standard: Family Child Care Facilities 78CSR18 18.1.a. The building and grounds used for a family child care facility shall be suitable for the purpose of child care, kept clean and in good repair, and shall present no hazard to the health and safety of children. 18.3. Hazards. Family child care facilities shall: 18.3.a. Keep children away from areas undergoing remodeling or construction; 18.3.b. Store cleaning supplies, detergents, aerosol cans, pesticides, poisons, flammable materials, poisonous or unknown plants, medicines, medical cannabis, and alcoholic beverages or toxic materials out of the reach of children less than six years of age; 18.3.c. Store hazardous materials separately from food items; 18.3.d. Store guns, ammunition, hunting knives, bows and arrows, and other weapons in a locked cabinet or closet, and store keys out of the children’s reach; 18.3.e. Keep strings and cords long enough to encircle a child’s neck (six inches or more) out of the children’s reach; 18.3.f. Not permit children less than age six in food preparation areas when ranges or cook-tops are in use; and 18.3.g. Keep hanging items including Venetian blind cords, appliance cords, and table cloths out of the reach of small children. 18.4. Electrical Safety. 18.4.a. Electrical cords shall be maintained in good condition. 18.4.b. Extension cords shall be heavy duty, UL approved, and not run under carpets or rugs or through common walkways unless stabilized to prevent tripping. 18.4.c. Protective covers shall be installed on all unused electrical outlets accessible to children who are under five years of age. 18.4.d. Small appliances shall be unplugged when not in use. Family Child Care Homes 78CSR19 7.3. Hazards. -- Family child care homes shall: 7.3.a. Keep children from areas undergoing remodeling or construction; 7.3.b. Store cleaning supplies, detergents, aerosol cans, pesticides, poisons, flammable materials, poisonous or unknown plants, medicines, medical cannabis, and alcoholic beverages or toxic materials out of the reach of children under six years of age; 7.3.c. Store hazardous materials separately from food items; 7.3.d. Store guns, ammunition, hunting knives, bows and arrows, and other weapons in a locked cabinet or closet, and store keys out of children’s reach; and 7.3.e. Keep strings and cords long enough to encircle a child’s neck (six inches or more) out of the children’s reach. 7.4. Emergency Exits. 7.4.a. Rooms used by children, except bathrooms, shall have at least two exits. 7.4.b. All levels of the home used by children shall have two unobstructed outside exits. The second exit from a room and from a level may be a window. 7.4.c. Windows used as exits shall be located no more than 44 inches from the floor. 7.4.d. A basement used by children shall have a door that exits directly to the outside. 7.4.e. In apartment buildings, where two exits are not available from the apartment, safe and continuous passageways, aisles, or corridors that provide two exits shall serve to meet the requirements of subdivision 7.4.b. 8.2. Heating and Cooling. 8.2.a. Heating devices that require ventilation shall be vented to the outside. 8.2.b. Unvented gas heaters may be used as a supplemental source of heat when both of the following requirements are met: 8.2.b.1. A properly functioning digital carbon monoxide detector has been installed in a central location in the home; and 8.2.b.2. The heater is equipped with an oxygen depletion sensor that automatically shuts the heater off if a hazardous level of carbon monoxide accumulates. 8.2.c. Non-flammable protective barriers, guards, or screens shall be installed around wood burning stoves, open fireplaces, and unvented heaters to protect children from burns and flames and to prevent access. 8.2.d. Electric space heaters are allowed if they are UL approved, stable, and inaccessible to children. 8.2.e. Kerosene heating stoves shall not be used while children are in care. 8.2.f. Heating equipment and hot water tanks shall be kept clear of combustible materials. 8.2.g. Hot water tanks shall be equipped with a pressure relief valve and in an area inaccessible to children. 8.2.h. Family child care homes shall use air conditioning or fans that are either adequately shielded or out of children’s reach when temperatures exceed 80 degrees Fahrenheit. 8.3. General Fire Safety. 8.3.a. One working smoke detector shall be installed on every level of the home. 8.3.b. Digital carbon monoxide detectors shall be installed in all residences that use gas appliances, fireplaces, pellet or wood-burning stoves, natural gas, oil, or propane heating systems. 8.3.c. Smoke detectors and carbon monoxide detectors shall have working batteries installed at all times. 8.3.d. Detectors shall be checked frequently, and batteries replaced semi-annually to insure proper functioning. 8.3.e. An ABC-rated multi-purpose fire extinguisher shall be available in the home at all times. 9.1. Tobacco Use. 9.1.a. A caregiver shall notify parents in advance if anyone in the home smokes or uses smokeless tobacco. 9.1.b. A caregiver shall provide a smoke-free environment while children are present. 9.1.c. Smoking is prohibited when the children are in vehicles with the caregiver. 9.1.d. All tobacco products, ashtrays, butts, ashes, spittoons, lighters, and matches shall be kept out of the children’s reach. 9.3.b. Play areas shall be free from unsanitary or hazardous items, trash receptacles, burning facilities, abandoned cars, appliances, farm animals, animal waste, debris, combustible rubbish, unsafe toys, open sewage, chemicals, exposed roots, open or abandoned wells, tires, vehicular traffic, and any other hazardous items or conditions. 9.3.c.2. All outdoor activity areas shall be maintained in a clean and safe condition by removing debris, dilapidated structures, broken or worn play equipment, building supplies, glass, sharp rocks, toxic plants, and other injurious materials. Family Child Care Informal/Relative Homes 78CSR20 7.5.b. Keep pets such as birds, ferrets, reptiles, or wild animals in an area of the home or the premises that is not accessible to children and away from food preparation areas; and 7.5.c. Keep documentation available on site of rabies vaccinations for all cats and dogs kept on the premises. 7.3. Hazards. Informal or relative family child care homes shall: 7.3.a. Store cleaning supplies, detergents, aerosol cans, pesticides, poisons, flammable materials, poisonous or unknown plants, medicines, alcoholic beverages, medical cannabis, and toxic materials out of the reach of children under six years of age; 7.3.b. Store hazardous materials separately from food items; and 7.3.c. Store guns, ammunition, hunting knives, bows and arrows, and other weapons in a locked cabinet or locked closet. 7.4. Heating. Unvented gas heaters may be used as a source of heat when both of the following requirements are met: 7.4.a. A properly functioning digital carbon monoxide detector has been installed in a central location in the home; and 7.4.b. The heater is equipped with an oxygen depletion sensor that automatically shuts the heater off if a hazardous level of carbon monoxide accumulates. 7.6. Play Areas. Indoor and outdoor play areas shall be free from vehicle traffic and unsanitary or hazardous items. iii. All CCDF-eligible licensed in-home care. Provide the standard: [x] Not applicable. iv. All CCDF-eligible license-exempt center care. Provide the standard: . West Virginia has no license exempt providers. v. All CCDF-eligible license-exempt family child care homes. Provide the standard: . West Virginia has no license exempt providers. vi. All CCDF-eligible license-exempt in-home care. Provide the standard: There are no published regulations for Relative In-home care. Requirements are explained and agreed to on the following forms ECE-CC- 6E and ECE-CC-12. vii. All CCDF-eligible out-of-school programs (afterschool programs, summer camps, day camps, etc.). Provide the standard: Out of School Time Centers 78CSR21 8.3.a. Take all necessary precautions to provide an accident-free and smoke-free environment for the children, staff members and visitors to the center; 8.3.b. Prohibit smoking and tobacco product use by anyone on the premises and everywhere in the presence of children; 8.3.c. Prohibit smoking anytime in vehicles operated by the center, even in the absence of children; 8.3.d. Require all tobacco products, lighters and matches be kept out of the children’s reach and sight; 8.3.e. Ensure that the premises, furnishings, equipment, and supplies are in good repair and present no hazard to the health and safety of the children 8.3.f. Ensure all equipment and materials are regularly inspected by staff for potential hazards. 8.3.l. Ensure an unenclosed outdoor activity area is away from traffic areas and other hazards. WV had a non-compliance 12/13/21 for which evidence was reviewed during monitoring cycle two but a Plan Amendment was not submitted. b. Provide the standards, appropriate to the provider setting and age of children, that address the identification of and protection from bodies of water for the following CCDF- eligible providers: i. All CCDF-eligible licensed center care. Provide the standard: Child Care Centers 78CSR1 13.6.e.8. The outdoor area is free of wading pools and other equipment that might hold water which pose a drowning hazard to the child or a breeding environment for mosquitoes. ii. All CCDF-eligible licensed family child care homes. Provide the standard: Family Child Care Facilities 78CSR18 18.1.a. The building and grounds used for a family child care facility shall be suitable for the purpose of child care, kept clean and in good repair, and shall present no hazard to the health and safety of children. 19.3.a. All areas accessible to the outdoor play area determined to be unsafe, including, but not limited to, steep grades, cliffs, open pits, swimming pools, high voltage boosters, propane gas tanks, streets, roads, driveways, railroad tracks, or parking lots, shall be fenced off or have natural barriers at least three feet high to protect the children. Family Child Care Homes 78CSR19 6.5.c. When supervising outdoor play, a caregiver shall remain outdoors with the children at all times when: 6.5.c.1. There is a pool, pond, hot tub, pail, or other body of water. 9.3.b. Play areas shall be free from unsanitary or hazardous items, trash receptacles, burning facilities, abandoned cars, appliances, farm animals, animal waste, debris, combustible rubbish, unsafe toys, open sewage, chemicals, exposed roots, open or abandoned wells, tires, vehicular traffic, and any other hazardous items or conditions. Family Child Care Informal/Relative Homes 78CSR20 10.2. The informal or relative family child care home shall ensure that all pools and hot tubs are either emptied or inaccessible to children when not in use. iii. All CCDF-eligible licensed in-home care. Provide the standard: [x] Not applicable. iv. All CCDF-eligible license-exempt center care. Provide the standard: West Virginia has no license exempt providers. v. All CCDF-eligible license-exempt family child care homes. Provide the standard: West Virginia has no license exempt providers. vi. All CCDF-eligible license-exempt in-home care. Provide the standard: There are no published regulations for Relative In-home care. Requirements are explained and agreed to on the following forms ECE-CC- 6E and ECE-CC-12. vii. All CCDF-eligible out-of-school programs (afterschool programs, summer camps, day camps, etc.). Provide the standard: Out of School Time Centers 78CSR21 8.3.a. Take all necessary precautions to provide an accident-free and smoke-free environment for the children, staff members and visitors to the center; 8.3.b. Prohibit smoking and tobacco product use by anyone on the premises and everywhere in the presence of children; 8.3.c. Prohibit smoking anytime in vehicles operated by the center, even in the absence of children; 8.3.d. Require all tobacco products, lighters and matches be kept out of the children’s reach and sight; 8.3.e. Ensure that the premises, furnishings, equipment, and supplies are in good repair and present no hazard to the health and safety of the children 8.3.f. Ensure all equipment and materials are regularly inspected by staff for potential hazards. 8.3.l. Ensure an unenclosed outdoor activity area is away from traffic areas and other hazards. WV had a non-compliance 12/13/21 for which evidence was reviewed during monitoring cycle two but a Plan Amendment was not submitted. c. Provide the standards, appropriate to the provider setting and age of children, that address the identification of and protection from vehicular traffic hazards for the following CCDF-eligible providers: i. All CCDF-eligible licensed center care. Provide the standard: Child Care Centers 78CSR1 20.4.c.3. The child is protected from moving vehicles. ii. All CCDF-eligible licensed family child care homes. Provide the standard: Family Child Care Facilities 78CSR18 18.1.a. The building and grounds used for a family child care facility shall be suitable for the purpose of child care, kept clean and in good repair, and shall present no hazard to the health and safety of children. Family Child Care Homes 78CSR19 9.3.b. Play areas shall be free from unsanitary or hazardous items, trash receptacles, burning facilities, abandoned cars, appliances, farm animals, animal waste, debris, combustible rubbish, unsafe toys, open sewage, chemicals, exposed roots, open or abandoned wells, tires, vehicular traffic, and any other hazardous items or conditions. Family Child Care Informal/Relative Homes 78CSR20 7.6. Play Areas. Indoor and outdoor play areas shall be free from vehicle traffic and unsanitary or hazardous items. : Identifying and protecting children from vehicular traffic hazards is supported in regulation 18.1.a. A provider would not be approved to operate if vehicular traffic were identified without protection being provided to children. iii. All CCDF-eligible licensed in-home care. Provide the standard: [x] Not applicable. iv. All CCDF-eligible license-exempt center care. Provide the standard: West Virginia has no license exempt providers. v. All CCDF-eligible license-exempt family child care homes. Provide the standard: West Virginia has no license exempt providers. vi. All CCDF-eligible license-exempt in-home care. Provide the standard: West Virginia has no license exempt providers. vii. All CCDF-eligible out-of-school programs (afterschool programs, summer camps, day camps, etc.). Provide the standard: Out of School Time Centers 78CSR21 8.3.l. Ensure an unenclosed outdoor activity area is away from traffic areas and other hazards. 5.3.6 Prevention of shaken baby syndrome, abusive head trauma, and maltreatment health and safety standard 5.3.6 Prevention of shaken baby syndrome, abusive head trauma, and maltreatment health and safety standard a. Provide the standards, appropriate to the provider setting and age of children, that address the prevention of shaken baby syndrome and abusive head trauma and indicate the age of children it applies to for the following CCDF-eligible providers: i. All CCDF-eligible licensed center care. Provide the standard: Child Care Centers 78CSR1 3.45. Pre-service Training. -- Training completed by all child care staff and applicable volunteers as required by the S1086 Child Care and Development Block Grant (CCDBG) Act of 2014, Section I. Health and Safety Requirements (Pre- Service training modules 1-10 Safe Spaces, Emergency Preparedness, Hazardous Materials, Shaken Baby, Safe Sleep/Sudden Unexpected Infant Death Syndrome (SUIDs), Infectious Diseases, Medication Administration, Food Allergies, Transportation, and Child Development must be completed to meet compliance). 8.6.i. A center that operates or plans to operate programs for children 24 months of age and under shall meet the requirements of this subdivision for staff training: 8.6.i.1. Prior to starting the program, shall ensure that each qualified staff member caring for the child has received a minimum of 40 hours of approved training related to the care of children 24 months of age and under and shall submit documented evidence of the training to the Secretary. 8.6.i.2. For an existing program which has been approved to expand the program or experiences staff turnover, shall ensure that within six months of beginning to care for children twenty four months of age and under, each qualified staff member shall have a minimum of 40 hours of approved training related to the care of children 24 months of age and under. Until all staff members meet the requirements of this section, the center shall ensure: 8.6.i.2.A. That one qualified staff member who has completed the minimum approved training, is present in the infant/toddler program for at least half of the operating hours daily; 8.6.i.2.B. That each staff member has a written plan for the completion of training that is agreed upon during orientation; and 8.6.i.2.C. That the center develops a mentoring plan which provides for weekly mentoring by a qualified and trained staff person for each staff member that has not completed approved training. 11.4.a. Subjecting a child to physical punishment of any kind, including, but not limited to, shaking, striking, spanking, swatting, thumping, pinching, popping, shoving, spitting, biting, hair pulling, yanking, slamming, excessive exercise, or any cruel treatment that may cause pain. ii. All CCDF-eligible licensed family child care homes. Provide the standard: Family Child Care Facilities 78CSR18 3.14. Pre-service Training ￿ Training completed by all child care staff and applicable volunteers as required by the S1086 Child Care and Development Block Grant (CCDBG) Act of 2014, Section I. Health and Safety Requirements (Pre-Service training modules 1-10 Safe Spaces, Emergency Preparedness, Hazardous Materials, Shaken Baby, Safe Sleep/Sudden Unexpected Infant Death Syndrome (SUIDs), Infectious Diseases, Medication Administration, Food Allergies, Transportation, and Child Development must be completed to meet compliance). 8.2.a.1. Punishing a child physically including spanking, hitting, kicking, biting, shaking, swatting, thumping, pinching, popping, shoving, spitting, or other cruel treatment. Family Child Care Homes 78CSR19 3.12. Pre-service Training -- Training completed by all child care staff and applicable volunteers as required by the S1086 Child Care and Development Block Grant (CCDBG) Act of 2014, Section I. Health and Safety Requirements (Pre-Service training modules 1- 10 Safe Spaces, Emergency Preparedness, Hazardous Materials, Shaken Baby, Safe Sleep/Sudden Unexpected Infant Death Syndrome (SUIDs), Infectious Diseases, Medication Administration, Food Allergies, Transportation, and Child Development must be completed to meet compliance). 15.2.a.1. Punishing a child physically including spanking, hitting, kicking, biting, shaking, swatting, thumping, pinching, popping, shoving, spitting, or other cruel treatment. Family Child Care Informal/Relative Homes 78CSR20 3.11. Pre-service Training -- Training completed by all child care staff and applicable volunteers as required by the S1086 Child Care and Development Block Grant (CCDBG) Act of 2014, Section I. Health and Safety Requirements (Pre-Service Training Modules 1-10 Safe Spaces, Emergency Preparedness, Hazardous Materials, Shaken Baby, Safe Sleep/Sudden Unexpected Infant Death Syndrome (SUIDS), Infectious Diseases, Medication Administration, Food Allergies, Transportation, and Child Development must be completed to meet compliance). 15.2.a.1. Punishing a child physically including spanking, hitting, kicking, biting, shaking, swatting, thumping, pinching, popping, shoving, spitting, or other cruel treatment. iii. All CCDF-eligible licensed in-home care. Provide the standard: [x] Not applicable. iv. All CCDF-eligible license-exempt center care. Provide the standard: West Virginia has no license exempt providers. v. All CCDF-eligible license-exempt family child care homes. Provide the standard: West Virginia has no license exempt providers vi. All CCDF-eligible license-exempt in-home care. Provide the standard: There are no published regulations for Relative In-home care. Requirements are explained and agreed to on the following forms ECE-CC- 6E and ECE-CC-12 vii. All CCDF-eligible out-of-school programs (afterschool programs, summer camps, day camps, etc.). Provide the standard: Out of School Time Centers 78CSR21 11.2.a. Punishing a child physically including spanking, hitting, kicking, biting, shaking, popping, swatting, thumping, pinching, shoving, spitting, forced exercise, or other cruel treatment. b. Provide the standards, appropriate to the provider setting and age of children, that address the prevention of child maltreatment and indicate the age of children it applies to for the following CCDF-eligible providers: i. All CCDF-eligible licensed center care. Provide the standard: Click o i. All CCDF- eligible licensed center care. Provide the standard: Child Care Centers 78CSR1 Ages 6 weeks-13 years of age 8.4.a.6. The ability to work with children without mistreatment or abuse. (Staff Character and Background-Use of staff members and volunteers) 8.6.f. A center shall ensure that all staff members receive approved training in: 8.6.f.2. Abuse Recognition and Prevention. Within three months of employment or use, staff members shall have training in child abuse recognition and prevention. 8.7.e All staff in positions that are not qualified staff positions shall have training within the first three months of employment related to their responsibilities, renew child abuse and neglect recognition every three years. 23.2.a.3. Training in child abuse recognition and prevention (School age summer camp staff). 23.2.a.5. Training in guidance and discipline, behavior management, and conflict resolution related to the age of children in care. (School age summer camp children) . 7.1.a.5.A. The center prohibits corporal punishment on its premises and during off-site center activities while the child is participating; 11.4.a. Subjecting a child to physical punishment of any kind, including, but not limited to, shaking, striking, spanking, swatting, thumping, pinching, popping, shoving, spitting, biting, hair pulling, yanking, slamming, excessive exercise, or any cruel treatment that may cause pain; 11.4.l. Seeking or accepting parental permission to use physical punishment or other actions prohibited by this rule. ii. All CCDF-eligible licensed family child care homes. Provide the standard: Family Child Care Facilities 78CSR18 Ages 6 weeks - 13 years of age 14.1.a.5. Complete training in child abuse recognition and prevention from an approved training source. 15.1.j. Have successfully completed training in child abuse recognition and prevention from an approved training source or have a plan to do so within the first six three months of employment (Staff) A Letter of Agreement will be required to be signed by Family Child Care Facility providers agreeing to comply with the requirement that child abuse and neglect recognition training be completed within 3 months of employment, prior to inclusion in the 2028 regulations at the July 31, 2023 sunset. The Letter of Agreement will be included in the initial and renewal application packets until legislative approval is granted in 2028. The following regulations will be proposed and presented at the 2028 Legislative Session to be approved into 78CSR18. Family Child Care Homes 78CSR19 Ages 6 weeks ￿ 13 years of age A Letter of Agreement will be required to be signed by Family Child Care Home providers agreeing to comply with the requirement that child abuse and neglect recognition training be completed within 3 months of employment, prior to inclusion in the 2028 regulations at the July 31, 2023 sunset. The Letter of Agreement will be included in the initial and renewal application packets until legislative approval is granted in 2028. The following regulation will be proposed and presented at the 2028 Legislative Session to be approved into 78CSR19. 6.3.g. Complete training in child abuse recognition and prevention from an approved training source within the first three months of operation. Family Child Care Informal/Relative Homes 78CSR20 Ages 6 weeks ￿ 13 years of age A Letter of Agreement will be required to be signed by Family Child Care Informal/Relative providers agreeing to comply with the requirement that child abuse and neglect recognition training be completed within 3 months of employment, prior to inclusion in the 2028 regulations at the July 31, 2023 sunset. The Letter of Agreement will be included in the initial and renewal application packets until legislative approval is granted in 2028. The following regulations will be proposed and presented at the 2028 Legislative Session to be approved into 78CSR20. 6.3.g. Complete training in child abuse recognition and prevention from an approved training source within the first three months of operation. 8.2.a.1. Punishing a child physically including spanking, hitting, kicking, biting, shaking, swatting, thumping, pinching, popping, shoving, spitting, or other cruel treatment; 8.2.b. A caregiver shall not seek or accept parental permission to use any punishments or acts prohibited in this rule. 15.1.e. Carry out methods of guidance and discipline without recourse to physical or emotional punishment; (Staff) 15.4.a.5. Carry out methods of guidance and discipline without recourse to physical or emotional punishment; (Substitutes) Family Child Care Homes 78CSR19 15.2.a.1. Punishing a child physically including spanking, hitting, kicking, biting, shaking, swatting, thumping, pinching, popping, shoving, spitting, or other cruel treatment; 15.2.b. A caregiver shall not seek or accept parental permission to use any punishments or acts prohibited in this rule. Family Child Care Informal/Relative Homes 78CSR20 14.2.a. Punishing a child physically including spanking, hitting, kicking, biting, shaking, swatting, thumping, pinching, popping, shoving, spitting, or other cruel treatment; 14.3. A caregiver shall not seek or accept parental permission to use any punishments or acts prohibited in this rule. iii. All CCDF-eligible licensed in-home care. Provide the standard: [x] Not applicable. iv. All CCDF-eligible license-exempt center care. Provide the standard: West Virginia has no license exempt providers. v. All CCDF-eligible license-exempt family child care homes. Provide the standard: West Virginia has no license exempt providers. vi. All CCDF-eligible license-exempt in-home care. Provide the standard: here are no published regulations for Relative In-home care. Requirements are explained and agreed to on the following forms ECE-CC- 6E and ECE-CC-12. vii. All CCDF-eligible out-of-school programs (afterschool programs, summer camps, day camps, etc.). Provide the standard: Out of School Time Centers 78CSR21 7.7.d. A program shall ensure that all staff members have approved training in: 7.7.d.2. Abuse Recognition and Prevention. Within three months of employment or use, staff members shall have training in child abuse recognition and prevention. 7.8.b. All staff shall renew child abuse and neglect recognition every three years. 11.2.a. Punishing a child physically including spanking, hitting, kicking, biting, shaking, popping, swatting, thumping, pinching, shoving, spitting, forced exercise, or other cruel treatment; 11.3. Program staff shall not seek or accept parental permission to use any punishments or acts prohibited in this rule. 5.3.7 Emergency preparedness and response planning standard Identify by checking below that the emergency preparedness and response planning due to natural disasters and human-caused events standard includes procedures in the following areas: i. [x] Evacuation ii. [x] Relocation iii. [x] Shelter-in-place iv. [x] Lock down v. Staff emergency preparedness [x] Training [x] Practice drills vi. Volunteer emergency preparedness [x] Training [x] Practice drills vii. [x] Communication with families viii. [x] Reunification with families ix. [x] Continuity of operations x. Accommodation of [x] Infants [x] Toddlers [x] Children with disabilities [x] Children with chronic medical conditions xi. If any of the above are not checked, describe: 5.3.7. Standards: Emergency preparedness and response planning Comments • WV has an outstanding non-compliance (12/13/21). Uncheck "lockdown" or provide evidence that the Lead Agency now has requirements for all provider types that include lock down procedures. (During Monitoring Cycle Two the Lead Agency did not have evidence of requirements for all provider types that include lock down procedures.) To address the outstanding non-compliance dated 12/13/21, WV will revise the following regulations at the 2028 sunset to include access restriction to the area where children and staff members are sheltered. A Letter of Agreement acknowledging understanding of the revision will be included in initial and renewal application packets until the proposed revision is approved at the 2028 legislation session. 78CSR1 Child Care Centers 19.6.i.4. The identification of a safe location within a center where a children and staff members can stay where access to the area is restricted, in the interest of public safety or health until the threat of danger passes; 78CSR21 Out of School Time Centers 14.4.a. A center shall have a plan posted in each room of the center for evacuating the center or for sheltering in place where access to the area is restricted, in the interest of public safety or during a health during an emergency until the threat of danger passes. posted in each room of the center that The plan shall identifies identify: 78CSR18 FCC Facilities 22.3.b.6. Develop, implement, and maintain a written procedure to practice with staff and volunteers moving to a safe location within the facility where access to the area is restricted, in the interest of public safety or during a health emergency, at least two times a year and record the dates and times when the practice sessions are conducted; and 78CSR19 FCC Homes 8.1.d. A family child care home shall develop, implement, and maintain a written procedure to practice with staff and volunteers moving to a safe location within the home where access to the area is restricted, in the interest of public safety or during a health emergency, at least two times a year and record the dates and times when the practice sessions are conducted; 78CSR20 FCC Informal/Relative Homes 11.3.h. An informal or relative family child care home shall develop, implement, and maintain a written procedure to practice moving to a safe location within the home where access to the area is restricted, in the interest of public safety or during a health emergency, at least two times a year and record the dates and times when the practice sessions are conducted. 5.3.8 Handling and storage of hazardous materials and the appropriate disposal of biocontaminants health and safety standard a. Provide the standards, appropriate to the provider setting and age of children, that address the handling and storage of hazardous materials for the following CCDF-eligible providers: i. All CCDF-eligible licensed center care. Provide the standard: Child Care Centers 78CSR1 i. All CCDF-eligible licensed center care. Provide the standard: 20.3.b. Hazardous Chemical and Toxic Items. A center shall ensure that: 20.3.b.1. Products containing potentially hazardous chemicals, including identified poisons, medications, certain cleaning supplies, and art supplies, not clearly labeled as ￿nontoxic,￿ are inaccessible to the children in a locked cabinet away from food, and when possible, stored in their original containers and never in containers originally designed for food; and 20.3.b.2. For each product containing potentially hazardous chemicals, a center has on file a material safety data sheet, available at the point of purchase or from the manufacturer. 20.4.c.4. When there is reason to believe that exposure to the soil in the outdoor activity area might harm the child, it has on file evidence that the soil does not contain hazardous levels of any toxic chemical or substances. ii. All CCDF-eligible licensed family child care homes. Provide the standard: Family Child Care Facilities 78CSR18 18.3.b. Store cleaning supplies, detergents, aerosol cans, pesticides, poisons, flammable materials, poisonous or unknown plants, medicines, medical cannabis, and alcoholic beverages or toxic materials out of the reach of children less than six years of age. 18.3.c. Store hazardous materials separately from food items. Family Child Care Homes 78CSR19 7.3.b. Store cleaning supplies, detergents, aerosol cans, pesticides, poisons, flammable materials, poisonous or unknown plants, medicines, medical cannabis, and alcoholic beverages or toxic materials out of the reach of children under six years of age. 7.3.c. Store hazardous materials separately from food items. Family Child Care Informal/Relative Homes 78CSR20 7.3.a. Store cleaning supplies, detergents, aerosol cans, pesticides, poisons, flammable materials, poisonous or unknown plants, medicines, alcoholic beverages, medical cannabis, and toxic materials out of the reach of children under six years of age. 7.3.b. Store hazardous materials separately from food items. iii. All CCDF-eligible licensed in-home care. Provide the standard: [x] Not applicable. iv. All CCDF-eligible license-exempt center care. Provide the standard: West Virginia has no license exempt providers. v. All CCDF-eligible license-exempt family child care homes. Provide the standard: West Virginia has no license exempt providers. vi. All CCDF-eligible license-exempt in-home care. Provide the standard: There are no published regulations for Relative In-home care. Requirements are explained and agreed to on the following forms ECE-CC- 6E and ECE-CC-12. vii. All CCDF-eligible out-of-school programs (afterschool programs, summer camps, day camps, etc.). Provide the standard: Out of School Time Centers 78CSR21 8.3.i. Store products containing potentially hazardous chemicals, including identified poisons, certain cleaning supplies, and art supplies not clearly labeled as ￿nontoxic,￿ away from activity space and food, and when possible, stored in their original containers and never in containers originally designed for food. If Pre-K children are present in the program, these products must be stored in a manner to be inaccessible to children. 8.3.j. Have on file a material safety data sheet for each product containing potentially hazardous chemicals that includes disposal of bio-contaminants. b. Provide the standards, appropriate to the provider setting and age of children, that address the disposal of bio contaminants for the following CCDF-eligible providers: i. All CCDF-eligible licensed center care. Provide the standard: 78CSR1 does not include a standard specific to the disposal of biocontaminants. Plan of Correction: Develop a Letter of Agreement to be signed by Child Care Center providers agreeing to comply with the disposal of biocontaminants prior to inclusion in the 2028 regulations at the July 31, 2023 sunset. The Letter of Agreement will be included in the initial and renewal application packets until legislative approval is granted in 2028. The following regulation will be proposed and presented at the 2028 Legislative Session to be approved into 78CSR1: 20.3.b.2. For each product containing potentially hazardous chemicals, a center has on file a material safety data sheet, available at the point of purchase or from the manufacturer., that includes disposal of bio contaminants. .78-1 A Letter of Agreement will be implemented for Child Care Centers and will be included in initial and renewal application packets until the next regulation sunset in 2028 when a regulation will be added to 78CSR1 Child Care Centers and 78CSR21 Out of School Time Centers. 78CSR18 Family Child Care Facilities, 78CSR19 Family Child Care Homes, and 78CSR20 Family Child Care Informal/Relative Homes. WV had a non-compliance 12/13/21 that was corrected in regulations 78-21 at the regulation sunset that became effective 4/1/23 in regulation 8.3.j. Have on file a material safety data sheet for each product containing potentially hazardous chemicals that includes disposal of bio- contaminants; ii. All CCDF-eligible licensed family child care homes. Provide the standard: Family Child Care Facilities 78CSR18 78CSR18 does not include a standard specific to the disposal of biocontaminants. Plan of Correction: Develop a Letter of Agreement to be signed by Family Child Care Facility providers agreeing to comply with the disposal of biocontaminants prior to inclusion in the 2028 regulations at the July 31, 2023 sunset. The Letter of Agreement will be included in the initial and renewal application packets until legislative approval is granted in 2028. The following regulation will be proposed and presented at the 2028 Legislative Session to be approved into 78CSR18: 18.3.h. Have on file a material safety data sheet for the disposal of bio contaminants. Family Child Care Homes 78CSR19 78CSR19 does not include a standard specific to the disposal of biocontaminants. Plan of Correction: Develop a Letter of Agreement to be signed by Family Child Care Home providers agreeing to comply with the disposal of biocontaminants prior to inclusion in the 2028 regulations at the July 31, 2023 sunset. The Letter of Agreement will be included in the initial and renewal application packets until legislative approval is granted in 2028. The following regulation will be proposed and presented at the 2028 Legislative Session to be approved into 78CSR19: 7.3.f. Have on file a material safety data sheet for the disposal of bio contaminants. Family Child Care Informal/Relative Homes 78CSR20 78CSR20 does not include a standard specific to the disposal of biocontaminants. Plan of Correction: Develop a Letter of Agreement to be signed by Family Child Care Informal/Relative Home providers agreeing to comply with the disposal of biocontaminants prior to inclusion in the 2028 regulations at the July 31, 2023 sunset. The Letter of Agreement will be included in the initial and renewal application packets until legislative approval is granted in 2028. The following regulation will be proposed and presented at the 2028 Legislative Session to be approved into 78CSR20: 7.3.d. Have on file a material safety data sheet for the disposal of bio contaminants. A Letter of Agreement will be implemented for Child Care Centers and will be included in initial and renewal application packets until the next regulation sunset in 2028 when a regulation will be added to 78CSR18 Family Child Care Facilities, 78CSR19 Family Child Care Homes iii. All CCDF-eligible licensed in-home care. Provide the standard: There are no published regulations for Relative In-home care. Requirements are explained and agreed to on the following forms ECE-CC- 6E and ECE-CC-12. [ ] Not applicable. iv. All CCDF-eligible license-exempt center care. Provide the standard: West Virginia has no license exempt providers. v. All CCDF-eligible license-exempt family child care homes. Provide the standard: West Virginia has no license exempt providers. vi. All CCDF-eligible license-exempt in-home care. Provide the standard: There are no published regulations for Relative In-home care. Requirements are explained and agreed to on the following forms ECE-CC- 6E and ECE-CC-12. vii. All CCDF-eligible out-of-school programs (afterschool programs, summer camps, day camps, etc.). Provide the standard: 8.3.j. Have on file a material safety data sheet for each product containing potentially hazardous chemicals that includes disposal of bio-contaminants. 5.3.9 Precautions in transporting children health and safety standard Provide the standards, appropriate to the provider setting and age of children, that address precautions in transporting children for the following CCDF-eligible providers: i. All CCDF-eligible licensed center care. Provide the standard: Child Care Centers 78CSR1 10.5.c. Special circumstances with staff-to-child ratio are: 10.5.c.2. During transportation: 10.5.c.2.A. At all times when transporting a child, a center shall ensure that no child is unattended in a vehicle; 10.5.c.2.B. During Pick-up and Drop-off service: 10.5.c.2.B.1. A second staff person or volunteer shall accompany the driver during routine transportation for the purpose of pick-up and drop-off service when the vehicle will transport more than two children and at least one of those children is under the age of two years; 10.5.c.2.B.2. A second staff person or volunteer shall accompany the driver during routine transportation for the purpose of pick-up and drop-off service when the vehicle will transport more than four children of any age. 10.5.c.2.B.3. There shall be a staff or designated responsible person present outside the vehicle to supervise when children are loading or unloading from a vehicle. 19.3. Transportation Log. 19.3.a. A center shall provide a passenger log to be kept by the driver of the vehicle, the designated staff member, or the volunteer riding in the vehicle that shall include the first and last names of each child boarding the vehicle. There shall be a notation on the log each time a child boards the vehicle or departs the vehicle. 19.3.b. Immediately upon unloading the last child from a vehicle, or before parking the vehicle, the driver or the designated staff member shall physically search the vehicle to ensure that all children have been unloaded. The transportation log shall then be reviewed either by the driver or the designated staff member to check that the information is correct. 19.3.c. The driver or the designated staff member shall deliver the transportation log to the person responsible for maintaining attendance records. 19.8.b. When it provides transportation according to a regular schedule, a center shall conduct a vehicle evacuation drill at least two times a year. 19.8.c. A center shall maintain a written record of the dates and times when vehicle evacuation drills are conducted. 19.8.d. A center shall ensure that a staff member is responsible for determining that all of the children have been evacuated safely during an emergency evacuation or practice. Transportation. When providing transportation, a center shall ensure that: 22.1. The vehicle used is currently licensed, inspected, insured, and is equipped with signs and warning lights or alternative warning devices as required byW. Va. Code §17C-12-7a; 22.2. Any vehicle used for transportation that has a capacity that exceeds 10 passengers shall be a school bus or multifunction school activity bus equipped with passenger safety restraints appropriate to the children being transported. Provided no school bus shall be operated that has aftermarket installed seat belts without certification from the installer that the school bus seat was seat belt ready prior to the installation and that the bus continues to meet federal safety standards for school buses after the installation; 22.3. The driver holds a current driver’s license for the type of vehicle being driven; 22.4. The driver or a qualified staff member ensures that each child is in an approved child safety restraint system appropriate to the age and size of the child; 22.5. The vehicle is equipped with emergency supplies, including a first- aid kit, fire extinguisher, and, if only one adult is in the vehicle, a mobile telephone or two-way radio; 22.6. When the center owns the vehicle, identifying information is placed on the outside of the vehicle, which can be read by a pedestrian or other passing vehicle, that includes the name, address, and telephone number of the center; and 22.7. When the center owns the vehicle, a weekly safety check is conducted and recorded. The safety check shall include vehicle tire pressure, headlights, windshield wipers, emergency flashers, brake lights, turn signals, first aid kit, gas gauge, oil, and other fluids. ii. All CCDF-eligible licensed family child care homes. Provide the standard: Family Child Care Facilities 78CSR18 9.1. When transportation is provided by the facility, staff shall observe the following precautions: 9.1.a. Transport vehicles shall be in safe running condition and have current insurance, an inspection sticker, and a license, according to state law; 9.1.b. Drivers shall be at least 18 years of age and appropriately licensed; 9.1.c. The driver and vehicle shall comply with all applicable motor vehicle laws; 9.1.d. Staff shall not leave any child unattended in a vehicle; 9.1.e. Each child shall be secured in an approved child safety seat or secured with seat belts at a ratio of one child per seat belt as required by W. Va. Code §17C-15-56; and 9.1.f. Staff shall carry children’s emergency consent forms in the vehicle in case of accident or illness. Family Child Care Homes 78CSR19 12.1.c. Emergency information for each child includes emergency contacts, family information, permission to seek medical treatment, and permission to transport the child. 13.1. When transporting children, the caregiver shall: 13.1.a. Notify parents in advance when activities are planned that require transportation; 13.1.b. Make sure the children’s emergency consent forms are carried in the vehicle in case of accident or illness; 13.1.c. Accompany children on activities that require transportation; 13.1.d. Ensure the driver transporting the children has a valid driver’s license; and 13.1.e. Ensure the vehicle used to transport the children is maintained in safe running condition, with insurance and a current inspection sticker. 13.2. A family child care home shall ensure that each child is secured in an approved child safety seat or seat belt at a ratio of one child per seat belt as required by W. Va. Code §17C-15-56. Family Child Care Informal/Relative Homes 78CSR20 12.1. When transporting children, the caregiver shall: 12.1.a. Accompany children on activities that require transportation; 12.1.b. Ensure the driver transporting the children has a valid drivers license; and 12.1.c. Ensure the vehicle used to transport the children is maintained in safe running condition, with insurance and a current inspection sticker. 12.2. An informal or relative family child care home shall ensure that children are secured in an approved child safety seat or in individual seat belts, as required by W. Va. Code §17C-15-46. iii. All CCDF-eligible licensed in-home care. Provide the standard: [x] Not applicable. iv. All CCDF-eligible license-exempt center care. Provide the standard: West Virginia has no license exempt providers. v. All CCDF-eligible license-exempt family child care homes. Provide the standard: West Virginia has no license exempt providers. vi. All CCDF-eligible license-exempt in-home care. Provide the standard: There are no published regulations for Relative In-home care. Requirements are explained and agreed to on the following forms ECE-CC- 6E and ECE-CC-12. vii. All CCDF-eligible out-of-school programs (afterschool programs, summer camps, day camps, etc.). Provide the standard: Out of School Time Centers 78CSR21 7.9.g. Driver. A driver shall: 7.9.g.1. Be at least 21 years of age; 7.9.g.2. Have a valid driver’s license that authorizes the driver to operate the vehicle being driven; 7.9.g.3. Upon hire, have evidence of a safe driving record for the five-year period prior to hiring and have no record of DUI related convictions for a five-year period; 7.9.g.4. Not be impaired to drive at the time of transporting children including, but not limited to, impairment caused by medications; and 7.9.g.5. Maintain a safe driving record while employed. 9.1.b. Staff can account for children at all times through a means to track children as they participate in the program, take independent restroom breaks, as activities change, as transportation occurs and takes action when a child is missing on or off the premises. 9.5. During transportation, the center shall: 9.5.a. Maintain the staff-to-child ratio; 9.5.b. Have a staff member or volunteer accompany the driver when more than six children are being transported and at least one of those children is kindergarten or younger; 9.5.c. Ensure that no child is left unattended on a vehicle; 9.5.d. Have a staff or designated responsible person present outside the vehicle to supervise when children are loading or unloading from a vehicle; and 9.5.e. Immediately upon unloading the last child from a vehicle, or before parking the vehicle, the driver or the designated staff member shall physically search the vehicle to ensure that all children have been unloaded. 14.3.c. For evacuation from a vehicle used to transport children. (Emergency Policies, Procedures and Plan) 16.1. The vehicle used is currently licensed, inspected, insured, and is equipped with signs and warning lights or alternative warning devices as required by W. Va. Code §17C-12-7a; 16.2. Any vehicle used for transportation that has a capacity that exceeds 10 passengers meets the National Highway Traffic Safety Administration (NHTSA) standards for a school bus. Any vehicle used for transportation that has a capacity that exceeds 10 passengers shall follow the recommendation of the NHTSA for preventing rollover; 16.3. The driver holds a current driver’s license for the type of vehicle being driven; 16.4. The driver does not use a cell phone or engage in conversation while driving; 16.5. The driver or a qualified staff member ensures that each child is in an approved child safety restraint system that meets the federal recommendations of the National Highway Traffic Safety Administration (NHTSA), either a child safety seat or booster seat, and is secured with a seat belt at a ratio of one child per seat belt; provided, a county owned public school bus is exempt from this requirement if not required by state or federal law to use a child safety restraint system; 16.6. The vehicle is equipped with emergency supplies, including a first-aid kit, fire extinguisher, and, if only one adult is in the vehicle, a mobile telephone or two- way radio to be used for emergencies; 16.7. When the center owns the vehicle, identifying information is placed on the outside of the vehicle, which can be read by a pedestrian or other passing vehicle, that includes the name, address, and telephone number of the center; and 16.8. When the center owns the vehicle, a weekly safety check is conducted and recorded. The safety check shall include vehicle tire pressure, headlights, windshield wipers, emergency flashers, brake lights, turn signals, first aid kit, gas gauge, oil, and other fluids. 5.3.10 Pediatric first aid and pediatric cardiopulmonary resuscitation (CPR) health and safety standard a. Provide the standards, appropriate to the provider setting and age of children, that address pediatric first aid for all staff for the following CCDF-eligible providers: i. All CCDF-eligible licensed center care. Provide the standard: Child Care Centers 78CSR1 8.6.f. A center shall ensure that all staff members receive approved training in: 8.6.f.1. Pediatric Cardiopulmonary Resuscitation (CPR) and First Aid. Within three months of employment or use staff members shall have current pediatric CPR certification and current first aid training. Except in the first year of employment or use, training in pediatric CPR and First Aid is in addition to the requirement for annual professional development. ii. All CCDF-eligible licensed family child care homes. Provide the standard: Family Child Care Facilities 78CSR18 7.2.a. The facility may use a substitute to allow for staff persons to take vacation or short-term medical leave or to take care of routine appointments. However, use of a substitute shall be limited to no more than 20 days, at eight hours per day, per year, and the facility shall notify parents in advance when use of a substitute is necessary for non-emergency situations. Substitutes shall have approved training in pediatric cardio-pulmonary resuscitation, pre-service training, and receive an orientation from the operator. 14.1.a.4. Be certified in an approved pediatric Cardiopulmonary Resuscitation (CPR) or first aid training that includes rescue breathing and first aid for choking. (Operator) 15.1.i. Have successfully completed an approved pediatric Cardiopulmonary Resuscitation (CPR) training or other certified first aid including rescue breathing and first aid for choking, or have a plan to do so within the first six months of employment. (Staff) 15.4.a.7. Have successfully completed an approved pediatric Cardiopulmonary Resuscitation (CPR) and certified first aid training including rescue breathing and first aid for choking, or have a plan to do so within the first six months of employment. (Substitutes) Family Child Care Homes 78CSR19 6.3.a. Within three months of initial registration, a caregiver shall obtain: 6.3.a.1. Approved training in pediatric cardiopulmonary resuscitation (CPR) and pediatric first aid. Family Child Care Informal/Relative Homes 78CSR20 6.3.c. Informal and relative caregivers shall obtain approved training in pediatric cardiopulmonary resuscitation (CPR) and first aid within three months of initial registration. Family Child Care Homes 78CSR19 6.3.a. Within three months of initial registration, a caregiver shall obtain: 6.3.a.1. Approved training in pediatric cardiopulmonary resuscitation (CPR) and pediatric first aid. Family Child Care Informal/Relative Homes 78CSR20 6.3.c. Informal and relative caregivers shall obtain approved training in pediatric cardiopulmonary resuscitation (CPR) and first aid within three months of initial registration. A Letter of Agreement has been implemented that requires all Family Child Care Facility owners, staff, and substitutes to be certified in pediatric CPR and pediatric first aid and requires all staff to successfully complete pediatric CPR and pediatric first aid within six months of employment. More time is needed to complete this requirement. Letters of Agreement will be included in initial and renewal application packets until rule 78CSR18 sunsets in 2028 at which time regulations 7.2.a. will be revised to require substitutes to be certified in pediatric CPR and pediatric first aid, 14.1.a.4. will require owners to be certified in pediatric CPR and pediatric first aid, and 15.1.1. will require staff to be certified in pediatric CPR and pediatric first aid. A preliminary notice was dated 12/13/21. iii. All CCDF-eligible licensed in-home care. Provide the standard: [x] Not applicable. iv. All CCDF-eligible license-exempt center care. Provide the standard: West Virginia has no license exempt providers. v. All CCDF-eligible license-exempt family child care homes. Provide the standard: West Virginia has no license exempt providers. vi. All CCDF-eligible license-exempt in-home care. Provide the standard: There are no published regulations for Relative In-home care. Requirements are explained and agreed to on the following forms ECE-CC- 6E and ECE-CC-12. vii. All CCDF-eligible out-of-school programs (afterschool programs, summer camps, day camps, etc.). Provide the standard: Out of School Time Centers 78CSR21 7.7.d. A program shall ensure that all staff members have approved training in: 7.7.d.1. Cardiopulmonary Resuscitation (CPR) and first aid within three months of employment or use provided a staff member who has received the training is present with children on or off site during the center’s operation. The CPR certification and first aid shall be appropriate to the age of the children in care. b. Provide the standards, appropriate to the provider setting and age of children, that address pediatric cardiopulmonary resuscitation for all staff for the following CCDF-eligible providers: i. All CCDF-eligible licensed center care. Provide the standard: Child Care Centers 78CSR1 8.6.f. A center shall ensure that all staff members receive approved training in: 8.6.f.1. Pediatric Cardiopulmonary Resuscitation (CPR) and First Aid. Within three months of employment or use staff members shall have current pediatric CPR certification and current first aid training. Except in the first year of employment or use, training in pediatric CPR and First Aid is in addition to the requirement for annual professional development. ii. All CCDF-eligible licensed family child care homes. Provide the standard: Family Child Care Facilities 78CSR18 7.2.a. The facility may use a substitute to allow for staff persons to take vacation or short-term medical leave or to take care of routine appointments. However, use of a substitute shall be limited to no more than 20 days, at eight hours per day, per year, and the facility shall notify parents in advance when use of a substitute is necessary for non-emergency situations. Substitutes shall have approved training in pediatric cardio-pulmonary resuscitation, pre-service training, and receive an orientation from the operator. 14.1.a.4. Be certified in an approved pediatric Cardiopulmonary Resuscitation (CPR) or first aid training that includes rescue breathing and first aid for choking. (Operator) 15.1.i. Have successfully completed an approved pediatric Cardiopulmonary Resuscitation (CPR) training or other certified first aid including rescue breathing and first aid for choking, or have a plan to do so within the first six months of employment. (Staff) 15.4.a.7. Have successfully completed an approved pediatric Cardiopulmonary Resuscitation (CPR) and certified first aid training including rescue breathing and first aid for choking, or have a plan to do so within the first six months of employment. (Substitutes) Family Child Care Homes 78CSR19 6.3.a. Within three months of initial registration, a caregiver shall obtain: 6.3.a.1. Approved training in pediatric cardiopulmonary resuscitation (CPR) and pediatric first aid. Family Child Care Informal/Relative Homes 78CSR20 6.3.c. Informal and relative caregivers shall obtain approved training in pediatric cardiopulmonary resuscitation (CPR) and first aid within three months of initial registration. A Letter of Agreement has been implemented that requires all Family Child Care Facility owners, staff, and substitutes to be certified in pediatric CPR and pediatric first aid and requires all staff to successfully complete pediatric CPR and pediatric first aid within six months of employment. More time is needed to complete this requirement. Letters of Agreement will be included in initial and renewal application packets until rule 78CSR18 sunsets in 2028 at which time regulations 7.2.a. will be revised to require substitutes to be certified in pediatric CPR and pediatric first aid, 14.1.a.4. will require owners to be certified in pediatric CPR and pediatric first aid, and 15.1.1. will require staff to be certified in pediatric CPR and pediatric first aid. A preliminary notice was dated 12/13/21. iii. All CCDF-eligible licensed in-home care. Provide the standard: [x] Not applicable. iv. All CCDF-eligible license-exempt center care. Provide the standard: West Virginia has no license exempt providers. v. All CCDF-eligible license-exempt family child care homes. Provide the standard: West Virginia has no license exempt providers. vi. All CCDF-eligible license-exempt in-home care. Provide the standard: There are no published regulations for Relative In-home care. Requirements are explained and agreed to on the following forms ECE-CC- 6E and ECE-CC-12. vii. All CCDF-eligible out-of-school programs (afterschool programs, summer camps, day camps, etc.). Provide the standard: 7.7.d. A program shall ensure that all staff members have approved training in: 7.7.d.1. Cardiopulmonary Resuscitation (CPR) and first aid within three months of employment or use provided a staff member who has received the training is present with children on or off site during the center’s operation. The CPR certification and first aid shall be appropriate to the age of the children in care. 5.3.11 Identification and reporting of child abuse and neglect health and safety standard a. Provide the standards, appropriate to the provider setting and age of children, that address the identification of child abuse and neglect for the following CCDF-eligible providers: i. All CCDF-eligible licensed center care. Provide the standard: Child Care Centers 78CSR1 6.3.a.5. Reporting of abuse. (Administrative Manual) 8.6.d.3. Policies and procedures for confidentiality and information disclosure, behavior management, and reporting child abuse and neglect. (Staff Requirements) 11.6. Abuse and Neglect. A center shall develop, implement, and maintain policies and procedures for the reporting of child abuse and neglect that include: 11.6.a. The definition of child abuse and neglect; 11.6.b. The requirement to report immediately any suspected incident of child abuse and neglect to the director or designated person-in-charge, and to Child Protective Services; or when the staff member believes that the director or designated person-in-charge would not or has failed to report the suspected incident to the Child Abuse Hotline, 1-800-352-6513; and 11.6.c. A statement posted at the center in clear public view stating that the center reports suspected child abuse and neglect to Child Protective Services. 11.7. Informing Staff about Behavior Management and Report Procedures. The center shall inform staff about behavior management procedures and child abuse and neglect reporting by: 11.7.a. Providing each staff member a copy of its policies on behavior management and the reporting of child abuse and neglect and providing revised policies when changes occur; 11.7.b. Obtaining a signed and dated acknowledgement that the staff member has read and understands the policies or revised policies; and 11.7.c. Placing the signed acknowledgement statement in the staff member’s file. ii. All CCDF-eligible licensed family child care homes. Provide the standard: Family Child Care Facilities 78CSR18 13.1.o. Mandatory reporting of child abuse or neglect. (Operating Policies) 14.2.f. Are responsible for the recruitment and hiring of staff, enrollment, and admissions, informing parents of the policies of the family child care facility program, and the training of staff in areas such as emergency and evacuation procedures, programming for children, working with parents, discipline policies, health care, sanitation procedures, release of children, child abuse and neglect reporting, symptoms of illness and medication administration. (Operators) 14.2.j. Shall inform staff of the requirement to report child abuse and neglect per W. Va. Code §49-2-801 et seq. 15.1.m. Have received, prior to caring for children, an orientation from the operator with regard to evacuation procedures, discipline, child abuse and neglect reporting, recognition of symptoms of childhood illness, medication administration, and the requirements of this rule. (Staff) 15.4.a.9. Have received, prior to caring for children, an orientation from the operator with regard to evacuation procedures, discipline, child abuse and neglect reporting, recognition of symptoms of childhood illness, medication administration and the requirements of this rule. (Substitutes) 23.1.c. In accordance with W. Va. Code §49-2-801 et seq., the operator shall immediately report suspected child abuse or neglect to the statewide child abuse and neglect intake hotline or to Department child protective services staff in the county office where the facility is located. Family Child Care Homes 78CSR19 19.1. A family child care home shall immediately report suspected child abuse or neglect to the department in accordance with W. Va. Code §49-2-801 et seq. Family Child Care Informal/Relative Homes 78CSR20 16.1. An informal or relative family child care home shall immediately report suspected child abuse or neglect to the department in accordance with W. Va. Code §49-2- 101 et seq., and W. Va. Code §49-2-202 et seq. A Letter of Agreement has been implemented that requires all Family Child Care Facility staff and substitutes, Family Child Care Homes, and Informal/Relative Homes to complete training in child abuse and neglect and prevention training within three months of employment/approval to operate. More time is needed to complete this requirement. Letters of Agreement will be included in initial and renewal application packets until rule 78CSR18 sunsets in 2028 at which time regulation 15.1.j. will be revised to require staff to complete the training within three months, and 15.4.a.9. for substitutes to complete the training within three months. 78CSR19 Family Child Care Homes and 78CSR20 Family Child Care Informal/Relative Homes will include a regulation requiring child abuse recognition and prevention training within three months of approval to operate. A preliminary notice was dated 3/11/24 iii. All CCDF-eligible licensed in-home care. Provide the standard: [x] Not applicable. iv. All CCDF-eligible license-exempt center care. Provide the standard: West Virginia has no license exempt providers. v. All CCDF-eligible license-exempt family child care homes. Provide the standard: West Virginia has no license exempt providers. vi. All CCDF-eligible license-exempt in-home care. Provide the standard: There are no published regulations for Relative In-home care. Requirements are explained and agreed to on the following forms ECE-CC- 6E and ECE-CC-12. vii. All CCDF-eligible out-of-school programs (afterschool programs, summer camps, day camps, etc.). Provide the standard: Out of School Time Centers 78CSR21 7.7.b. Prior to or during the first week of employment and prior to having sole responsibility for a group of children, a program shall provide orientation to the staff member that includes a review of: 7.7.b.6. Reporting child abuse and neglect. 13.1.a. Immediately report suspected child abuse or neglect to the Department in accordance with W. Va. Code §49-2-801 et seq. b. Provide your standards, appropriate to the provider setting and age of children, that address the reporting of child abuse and neglect for the following CCDF-eligible providers: i. All CCDF-eligible licensed center care. Provide the standard: Child Care Center 78CSR1 8.6.f.2. Abuse Recognition and Prevention. Within three months of employment or use, staff members shall have training in child abuse recognition and prevention. 8.7.e All staff in positions that are not qualified staff positions shall have training within the first three months of employment related to their responsibilities, renew child abuse and neglect recognition every three years, and keep first aid and pediatric CPR certification current. 23.2.a.3. Training in child abuse recognition and prevention. (Summer Camp staff) ii. All CCDF-eligible licensed family child care homes. Provide the standard: Family Child Care Facilities 78CSR18 14.1.a.5. Complete training in child abuse recognition and prevention from an approved training source. Except for the first year of operation, training in child abuse recognition and prevention is in addition to the required 15 clock hours of approved annual training. (Operator) 15.1.j. Have successfully completed training in child abuse recognition and prevention from an approved training source or have a plan to do so within the first six months of employment. (Staff) Family Child Care Homes 78CSR19 78CSR19 does not have a requirement for training in recognition of child abuse and neglect for caregivers. Plan of Correction: Develop a Letter of Agreement to be signed by Family Child Care Home providers agreeing to comply with the requirement that child abuse and neglect recognition training be completed within 3 months of employment, prior to inclusion in the 2028 regulations at the July 31, 2023 sunset. The Letter of Agreement will be included in the initial and renewal application packets until legislative approval is granted in 2028. The following regulations will be proposed and presented at the 2028 Legislative Session to be approved into 78CSR19. 6.3.g. Complete training in child abuse recognition and prevention from an approved training source within the first three months of operation. Family Child Care Informal/Relative Homes 78CSR20 78CSR20 does not have a requirement for training in recognition of child abuse and neglect for caregivers. Plan of Action: Develop a Letter of Agreement to be signed by Family Child Care Informal/Relative providers agreeing to comply with the requirement that child abuse and neglect recognition training be completed within 3 months of employment, prior to inclusion in the 2028 regulations at the July 31, 2023 sunset. The Letter of Agreement will be included in the initial and renewal application packets until legislative approval is granted in 2028. The following regulations will be proposed and presented at the 2028 Legislative Session to be approved into 78CSR20. 6.3.g. Complete training in child abuse recognition and prevention from an approved training source within the first three months of operation. A Letter of Agreement has been implemented that requires all Family Child Care Facility staff and substitutes, Family Child Care Homes, and Informal/Relative Homes to complete training in child abuse and neglect and prevention training within three months of employment/approval to operate. More time is needed to complete this requirement. Letters of Agreement will be included in initial and renewal application packets until rule 78CSR18 sunsets in 2028 at which time regulation 15.1.j. will be revised to require staff to complete the training within three months, and 15.4.a.9. for substitutes to complete the training within three months. 78CSR19 Family Child Care Homes and 78CSR20 Family Child Care Informal/Relative Homes will include a regulation requiring child abuse recognition and prevention training within three months of approval to operate. A preliminary notice was dated 3/11/24. iii. All CCDF-eligible licensed in-home care. Provide the standard: There are no published regulations for Relative In-home care. Requirements are explained and agreed to on the following forms ECE-CC- 6E and ECE-CC-12 [ ] Not applicable. iv. All CCDF-eligible license-exempt center care. Provide the standard: West Virginia has no license exempt providers. v. All CCDF-eligible license-exempt family child care homes. Provide the standard: West Virginia has no license exempt providers. vi. All CCDF-eligible license-exempt in-home care. Provide the standard: There are no published regulations for Relative In-home care. Requirements are explained and agreed to on the following forms ECE-CC- 6E and ECE-CC-12 vii. All CCDF-eligible out-of-school programs (afterschool programs, summer camps, day camps, etc.). Provide the standard: Out of School Time Centers 78CSR21 7.7.d.2. Abuse Recognition and Prevention. Within three months of employment or use, staff members shall have training in child abuse recognition and prevention. 7.8.b. All staff shall renew child abuse and neglect recognition every three years. c. Confirm if child care providers must comply with the Lead Agency’s procedures for reporting child abuse and neglect as required by the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(2)(B)(i): [x] Yes, confirmed. [ ] No. If no, describe: 5.3.12 Additional optional standards In addition to the required health and safety standards, does the Lead Agency require providers to comply with the following optional standards? [x] Yes. [ ] No. If no, skip to Section 5.4 If yes, describe the standard(s). i. Nutrition. Describe: Regulations for all provider types require that meal and nutrition programs be consistent with the USDA Child and Adult Care Food Program (CACFP) patterns. Regulations include special dietary needs be considered and nutrition and feeding requirements for children 12 months of age and under. Frequency of meals, posting of menus, and food safety are also addressed in regulations. ii. Access to physical activity. Describe: Regulations require programs to promote children’s active play every day by providing the opportunity to engage in moderate to vigorous activities. Provider type dependent, regulations require written plans specified by age group and duration on a per day basis. Activity includes indoor and outdoor play using small and large muscles. Outdoor play is required when temperatures exceed 40 degrees unless weather advisories are indicated. iii. Caring for children with special needs. Describe: Regulations support caring for children with special needs. All provider types must obtain information and special instructions from a child’s parent, licensed health provider, or qualified experts for adherence to the care, activities, and restrictions recommended. Communication requirements include informing staff on procedures and instructions for caring for children with special needs. Evacuation plans address providing for children with special needs during an emergency, shelter-in-place, or relocation incident. iv. Any other areas determined necessary to promote child development or to protect children’s health and safety. Describe: No additional optional standards.