Violation

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; (Outcome: Achieved)

Corrected Corrected by Dec 10, 2025

Marked corrected in the state record.

Violation

After removing gloves used for any purpose. (Outcome: Achieved)

Corrected Corrected by Dec 10, 2025

Marked corrected in the state record.

Violation

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; (Outcome: Achieved)

Corrected Corrected by Dec 4, 2025

Marked corrected in the state record.

Violation

A center shall separate indoor areas regularly occupied by older children from children 24 months of age and under; (Outcome: Achieved)

Corrected Corrected by Dec 5, 2025

Marked corrected in the state record.

Violation

A center shall ensure that families and employees can express concerns or make complaints without fear of retaliation; and. (Outcome: Achieved)

Corrected Corrected by Dec 10, 2025

Marked corrected in the state record.

Violation

The children have adequate supervision at all times; (Outcome: Achieved)

Corrected Corrected by Dec 10, 2025

Marked corrected in the state record.

Violation

Use of screen media is prohibited with children under the age of two years. (Outcome: Achieved)

Corrected Corrected by Dec 10, 2025

Marked corrected in the state record.

Violation

All qualified staff shall apply for credentialing on the WV STARS Career Pathway. (Outcome: Achieved)

Corrected Corrected by Jan 28, 2026

Marked corrected in the state record.

Violation

Until a child is able to hold a bottle securely, a staff member shall hold the child while bottle feeding. When a child is no longer being held for feeding, the staff shall ensure that seating is age-appropriate and shall not prop bottles or allow the child to carry a bottle while moving about or walking. (Outcome: Achieved)

Corrected Corrected by Dec 10, 2025

Marked corrected in the state record.

Violation

Pillows or soft, fluffy bedding shall not be used for the child 12 months of age and under; (Outcome: Achieved)

Corrected Corrected by Dec 10, 2025

Marked corrected in the state record.

Violation

For each mixed age group at a center, the center shall maintain the staff-to-child ratio and group size described in Table A of Appendix 78-1-E of this rule for the youngest child in the group; and (Outcome: Achieved)

Corrected Corrected by Dec 5, 2025

Marked corrected in the state record.

Violation

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. (Outcome: Achieved)

Corrected Corrected by Dec 10, 2025

Marked corrected in the state record.

Violation

A center shall secure from the employee a recent health assessment performed not more than 90 days prior to the date hired for the employee and signed by a licensed health care provider. The health assessment shall be on file no later than 30 days from the first date of employment. A health assessment for a volunteer shall be on file if the volunteer is scheduled to work at least 40 hours per month in the center. The health assessment shall include: (Outcome: Achieved)

Corrected Corrected by Oct 14, 2025

Marked corrected in the state record.

Violation

Abuse Recognition and Prevention. Within three months of employment or use, staff members shall have training in child abuse recognition and prevention. Training in child abuse recognition and prevention may be used to meet the requirement for annual professional development described in this section. (Outcome: Achieved)

Corrected Corrected by Dec 10, 2025

Marked corrected in the state record.

Violation

Cardiopulmonary Resuscitation (CPR) and First Aid. Within three months of employment or use staff members shall have current CPR certification appropriate to the age of the children in care and current first aid training. Except in the first year of employment or use, training in CPR and First Aid is in addition to the requirement for annual professional development. (Outcome: Achieved)

Corrected Corrected by Oct 14, 2025

Marked corrected in the state record.

Violation

A search shall be done of the state-based child and adult abuse and neglect registries and protective services databases in each state where the staff member or volunteer resided during the preceding five years. The same search shall be done in the state where the staff member or volunteer currently resides, and shall be repeated every five years. (Outcome: Achieved)

Corrected Corrected by Jan 26, 2026

Marked corrected in the state record.

Violation

Documentation that references have been verified including three references for the center director and two references for other staff members; (Outcome: Achieved)

Corrected Corrected by Nov 24, 2025

Marked corrected in the state record.

Violation

Ensure that the premises, furnishings, equipment and supplies are in good repair and present no hazard to the health and safety of the children; (Outcome: Not Achieved)

Corrected Corrected by Mar 12, 2026

Marked corrected in the state record.

Violation

After toileting, handling diapers or assisting a child with toilet use; (Outcome: Achieved)

Corrected Corrected by Dec 10, 2025

Marked corrected in the state record.

Violation

Diapering and Toileting. A center shall ensure that diapering and toilet training follow the guidelines in Appendix 78-1-D of this rule. (Outcome: Achieved)

Corrected Corrected by Dec 10, 2025

Marked corrected in the state record.

Violation

When hands are contaminated with body fluids; (Outcome: Achieved)

Corrected Corrected by Dec 10, 2025

Marked corrected in the state record.

Violation

Periodically throughout the day, the staff member responsible for each group of children shall check the daily roster to ensure that all children are present or accounted for. (Outcome: Achieved)

Corrected Corrected by Dec 10, 2025

Marked corrected in the state record.

Violation

A center shall assign each group of children to a qualified staff member or team of qualified staff members, maintaining at all times the staff-to-child ratios required under this rule. When groups are combined, a center shall continue to maintain the staff-to-child ratios required under this rule. (Outcome: Achieved)

Corrected Corrected by Oct 7, 2025

Marked corrected in the state record.

Violation

A center shall exclude a sick child from the center: (Outcome: Achieved)

Corrected Corrected by Oct 7, 2025

Marked corrected in the state record.

Violation

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.; (Outcome: Achieved)

Corrected Corrected by Oct 7, 2025

Marked corrected in the state record.

Violation

During short periods of time for special occasions such as field trips, the center may combine school-age groups of children with children over the age of 24 months. (Outcome: Achieved)

Corrected Corrected by Oct 7, 2025

Marked corrected in the state record.

Violation

Shall be cleaned and disinfected at least once a week, or before another child uses it, or immediately after it is soiled; (Outcome: Achieved)

Corrected Corrected by Oct 7, 2025

Marked corrected in the state record.

Violation

Staff members shall eat or participate in meals and snacks with a child 25 of months of age and over and shall model healthy eating habits; (Outcome: Achieved)

Corrected Corrected by Oct 7, 2025

Marked corrected in the state record.

Violation

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: (Outcome: Achieved)

Corrected Corrected by Oct 7, 2025

Marked corrected in the state record.

Violation

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; (Outcome: Achieved)

Corrected Corrected by Oct 7, 2025

Marked corrected in the state record.

Violation

A center shall ensure that families and employees can express concerns or make complaints without fear of retaliation; and. (Outcome: Not Achieved)

Corrected Corrected by Oct 7, 2025

Marked corrected in the state record.

Violation

A center shall separate indoor areas regularly occupied by older children from children 24 months of age and under; (Outcome: Not Achieved)

Corrected Corrected by Oct 7, 2025

Marked corrected in the state record.

Violation

All qualified staff shall apply for credentialing on the WV STARS Career Pathway. (Outcome: Not Achieved)

Corrected Corrected by Oct 7, 2025

Marked corrected in the state record.

Violation

Pillows or soft, fluffy bedding shall not be used for the child 12 months of age and under; (Outcome: Not Achieved)

Corrected Corrected by Oct 7, 2025

Marked corrected in the state record.

Violation

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; (Outcome: Not Achieved)

Corrected Corrected by Oct 7, 2025

Marked corrected in the state record.

Violation

Until a child is able to hold a bottle securely, a staff member shall hold the child while bottle feeding. When a child is no longer being held for feeding, the staff shall ensure that seating is age-appropriate and shall not prop bottles or allow the child to carry a bottle while moving about or walking. (Outcome: Not Achieved)

Corrected Corrected by Oct 7, 2025

Marked corrected in the state record.

Violation

The children have adequate supervision at all times; (Outcome: Not Achieved)

Corrected Corrected by Oct 7, 2025

Marked corrected in the state record.

Violation

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; (Outcome: Not Achieved)

Corrected Corrected by Oct 7, 2025

Marked corrected in the state record.

Violation

The center shall have a hand-washing sink located in the immediate area of the diaper-changing space. Centers licensed prior to the effective date of this rule are not out of compliance with this requirement if the existing diaper-changing space does not include a hand-washing sink in the immediate area. Upon the effective date of this rule, the Department shall not approve an additional diaper-changing space without a sink in the immediate area. (Outcome: Achieved)

Corrected Corrected by Oct 7, 2025

Marked corrected in the state record.

Violation

For each mixed age group at a center, the center shall maintain the staff-to-child ratio and group size described in Table A of Appendix 78-1-E of this rule for the youngest child in the group; and (Outcome: Not Achieved)

Corrected Corrected by Oct 7, 2025

Marked corrected in the state record.

Violation

That the surface of the play area in an equipment use zone complies with the current Consumer Product Safety Commission's publication entitled "Public Playground Safety Handbook," publication # 325, sections 2.4. et seq. and 5.3. et seq. A licensee whose outdoor space was approved prior to July 1, 2014, and who remains in compliance with the previous rule, and who does not undergo renovation or relocation of the outdoor space, has until July 1, 2018, to comply with the current requirements. (Outcome: Not Achieved)

Corrected Corrected by Oct 7, 2025

Marked corrected in the state record.

Violation

Ensure that the premises, furnishings, equipment and supplies are in good repair and present no hazard to the health and safety of the children; (Outcome: Not Achieved)

Corrected Corrected by Oct 7, 2025

Marked corrected in the state record.

Violation

Staff members and children shall wash their hands with soap and warm, running water for at least 20 seconds: (Outcome: Achieved)

Corrected Corrected by Oct 7, 2025

Marked corrected in the state record.

Violation

Diapering and Toileting. A center shall ensure that diapering and toilet training follow the guidelines in Appendix 78-1-D of this rule. (Outcome: Not Achieved)

Corrected Corrected by Oct 7, 2025

Marked corrected in the state record.

Violation

When hands are contaminated with body fluids; (Outcome: Not Achieved)

Corrected Corrected by Oct 7, 2025

Marked corrected in the state record.

Violation

After toileting, handling diapers or assisting a child with toilet use; (Outcome: Not Achieved)

Corrected Corrected by Oct 20, 2025

Marked corrected in the state record.

Violation

Periodically throughout the day, the staff member responsible for each group of children shall check the daily roster to ensure that all children are present or accounted for. (Outcome: Not Achieved)

Corrected Corrected by Oct 7, 2025

Marked corrected in the state record.

Violation

Use of screen media is prohibited with children under the age of two years. (Outcome: Not Achieved)

Corrected Corrected by Oct 7, 2025

Marked corrected in the state record.

Violation

Seeking to change the licensed capacity of the center. (Outcome: Achieved)

Corrected Corrected by Aug 28, 2025

Marked corrected in the state record.

Violation

A center shall conduct a fire drill at least two times a month during its regular hours of operation, keeping a written record of the dates and times when fire drills are conducted. (Outcome: Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

Until a child is able to hold a bottle securely, a staff member shall hold the child while bottle feeding. When a child is no longer being held for feeding, the staff shall ensure that seating is age-appropriate and shall not prop bottles or allow the child to carry a bottle while moving about or walking. (Outcome: Not Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

For each mixed age group at a center, the center shall maintain the staff-to-child ratio and group size described in Table A of Appendix 78-1-E of this rule for the youngest child in the group; and (Outcome: Not Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

Diapering and Toileting. A center shall ensure that diapering and toilet training follow the guidelines in Appendix 78-1-D of this rule. (Outcome: Not Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

Are in good repair and free of sharp points or corners, pinch or crush points, splinters, protruding nails or bolts, loose rusty parts, hazardous small parts that may be swallowed, identified poisons or paint that contains lead, and are regularly inspected by staff for potential hazards; (Outcome: Not Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

The ability to communicate effectively and to respect confidentiality. (Outcome: Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

A center shall ensure that families and employees can express concerns or make complaints without fear of retaliation; and. (Outcome: Not Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

Ensure that the premises, furnishings, equipment and supplies are in good repair and present no hazard to the health and safety of the children; (Outcome: Not Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

Shall be cleaned and disinfected at least once a week, or before another child uses it, or immediately after it is soiled; (Outcome: Not Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

A center shall ensure that the responsible person bringing the child to the center signs the child in as the child arrives and that the responsible person picking up the child signs the child out as the child departs the center. (Outcome: Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

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. (Outcome: Achieved)

Corrected Corrected by Jul 17, 2025

Marked corrected in the state record.

Violation

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 (Outcome: Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

A center shall exclude a sick child from the center: (Outcome: Not Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

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.; (Outcome: Not Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

After toileting, handling diapers or assisting a child with toilet use; (Outcome: Not Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

All qualified staff shall apply for credentialing on the WV STARS Career Pathway. (Outcome: Not Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

During short periods of time for special occasions such as field trips, the center may combine school-age groups of children with children over the age of 24 months. (Outcome: Not Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

Staff members and children shall wash their hands with soap and warm, running water for at least 20 seconds: (Outcome: Not Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

The center shall have a hand-washing sink located in the immediate area of the diaper-changing space. Centers licensed prior to the effective date of this rule are not out of compliance with this requirement if the existing diaper-changing space does not include a hand-washing sink in the immediate area. Upon the effective date of this rule, the Department shall not approve an additional diaper-changing space without a sink in the immediate area. (Outcome: Not Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

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: (Outcome: Not Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

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; (Outcome: Not Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

That the surface of the play area in an equipment use zone complies with the current Consumer Product Safety Commission's publication entitled "Public Playground Safety Handbook," publication # 325, sections 2.4. et seq. and 5.3. et seq. A licensee whose outdoor space was approved prior to July 1, 2014, and who remains in compliance with the previous rule, and who does not undergo renovation or relocation of the outdoor space, has until July 1, 2018, to comply with the current requirements. (Outcome: Not Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

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; (Outcome: Achieved)

Corrected Corrected by Jul 17, 2025

Marked corrected in the state record.

Violation

When hands are contaminated with body fluids; (Outcome: Not Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

Pillows or soft, fluffy bedding shall not be used for the child 12 months of age and under; (Outcome: Not Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

A center shall separate indoor areas regularly occupied by older children from children 24 months of age and under; (Outcome: Not Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

Are planned so that a child has sufficient time to progress at his or her own developmental rate and does not experience a prolonged waiting period between activities or tasks; (Outcome: Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

The location of the child's attendance records and emergency information; (Outcome: Achieved)

Corrected Corrected by Jul 17, 2025

Marked corrected in the state record.

Violation

A center shall assign each group of children to a qualified staff member or team of qualified staff members, maintaining at all times the staff-to-child ratios required under this rule. When groups are combined, a center shall continue to maintain the staff-to-child ratios required under this rule. (Outcome: Not Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

Ensure that staff members initially place the child 12 months of age and under, or under the age when he or she can turn over independently, on his or her back unless the parent provides a written statement from a licensed health care provider prohibiting the child from being placed in that position for sleep; (Outcome: Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

Restrictive equipment. Infant equipment that restricts movement such as swings, play pens, play yards, stationary activity centers (exer-saucers), infant seats, etc., if used, shall only be used for short periods of time not to exceed 15 minutes in a four-hour period. (Outcome: Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

Not be left alone with a child other than his or her own child. (Outcome: Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

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; (Outcome: Not Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

A center shall provide a minimum of 35 square feet per child of usable indoor space that is approved by the Secretary for daily program activities. A center shall make the rooms and areas of the center that are not approved for a childs use inaccessible to the children. (Outcome: Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

Staff members shall eat or participate in meals and snacks with a child 25 of months of age and over and shall model healthy eating habits; (Outcome: Not Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

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; (Outcome: Not Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

Periodically throughout the day, the staff member responsible for each group of children shall check the daily roster to ensure that all children are present or accounted for. (Outcome: Not Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

The children have adequate supervision at all times; (Outcome: Not Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

Use of screen media is prohibited with children under the age of two years. (Outcome: Not Achieved)

Corrected Corrected by Sep 5, 2025

Marked corrected in the state record.

Violation

The children have adequate supervision at all times; (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

Seeking to change the licensed capacity of the center. (Outcome: Not Achieved)

Corrected Corrected by Jun 11, 2025

Marked corrected in the state record.

Violation

A center shall assign each group of children to a qualified staff member or team of qualified staff members, maintaining at all times the staff-to-child ratios required under this rule. When groups are combined, a center shall continue to maintain the staff-to-child ratios required under this rule. (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

During short periods of time for special occasions such as field trips, the center may combine school-age groups of children with children over the age of 24 months. (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

When hands are contaminated with body fluids; (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

All qualified staff shall apply for credentialing on the WV STARS Career Pathway.

Corrected Corrected by Jan 1, 1753

Marked corrected in the state record.

Violation

All qualified staff shall apply for credentialing on the WV STARS Career Pathway. (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

A center shall separate indoor areas regularly occupied by older children from children 24 months of age and under; (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

Are in good repair and free of sharp points or corners, pinch or crush points, splinters, protruding nails or bolts, loose rusty parts, hazardous small parts that may be swallowed, identified poisons or paint that contains lead, and are regularly inspected by staff for potential hazards; (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

Shall be cleaned and disinfected at least once a week, or before another child uses it, or immediately after it is soiled; (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

A center shall keep each daily roster in a designated location where it is readily available in case of emergencies and can be used to confirm attendance following an evacuation from the premises or upon returning from a field trip. (Outcome: Achieved)

Corrected Corrected by May 1, 2025

Marked corrected in the state record.

Violation

Readily available at all times, including in the outdoor activity area, on all field trips away from the center and in each vehicle provided by the center for the transportation of children. (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

The location of the child's attendance records and emergency information; (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

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. (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

Supervise with kindness, understanding and firmness; (Outcome: Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

The ability to communicate effectively and to respect confidentiality. (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

After removing gloves used for any purpose. (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

That the surface of the play area in an equipment use zone complies with the current Consumer Product Safety Commission's publication entitled "Public Playground Safety Handbook," publication # 325, sections 2.4. et seq. and 5.3. et seq. A licensee whose outdoor space was approved prior to July 1, 2014, and who remains in compliance with the previous rule, and who does not undergo renovation or relocation of the outdoor space, has until July 1, 2018, to comply with the current requirements. (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

A center shall exclude a sick child from the center: (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

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.; (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

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: (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

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; (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

An applicant or licensee shall permit the Secretary access to the center to conduct announced and unannounced inspections of all aspects of the center's operation and premises. (Outcome: Achieved)

Corrected Corrected by Jun 11, 2025

Marked corrected in the state record.

Violation

A center shall ensure that families and employees can express concerns or make complaints without fear of retaliation; and. (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

Ensure that the premises, furnishings, equipment and supplies are in good repair and present no hazard to the health and safety of the children; (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

Diapering and Toileting. A center shall ensure that diapering and toilet training follow the guidelines in Appendix 78-1-D of this rule. (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

Pillows or soft, fluffy bedding shall not be used for the child 12 months of age and under; (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

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 (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

After toileting, handling diapers or assisting a child with toilet use; (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

Until a child is able to hold a bottle securely, a staff member shall hold the child while bottle feeding. When a child is no longer being held for feeding, the staff shall ensure that seating is age-appropriate and shall not prop bottles or allow the child to carry a bottle while moving about or walking. (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

Staff members and children shall wash their hands with soap and warm, running water for at least 20 seconds: (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

Periodically throughout the day, the staff member responsible for each group of children shall check the daily roster to ensure that all children are present or accounted for. (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

For each mixed age group at a center, the center shall maintain the staff-to-child ratio and group size described in Table A of Appendix 78-1-E of this rule for the youngest child in the group; and (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

A center shall provide a minimum of 35 square feet per child of usable indoor space that is approved by the Secretary for daily program activities. A center shall make the rooms and areas of the center that are not approved for a childs use inaccessible to the children. (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

A center shall ensure that the responsible person bringing the child to the center signs the child in as the child arrives and that the responsible person picking up the child signs the child out as the child departs the center. (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

The center shall have a hand-washing sink located in the immediate area of the diaper-changing space. Centers licensed prior to the effective date of this rule are not out of compliance with this requirement if the existing diaper-changing space does not include a hand-washing sink in the immediate area. Upon the effective date of this rule, the Department shall not approve an additional diaper-changing space without a sink in the immediate area. (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

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; (Outcome: Not Achieved)

Corrected Corrected by Jun 10, 2025

Marked corrected in the state record.

Violation

Prior to caring for children, all current and potential staff are required to complete approved pre-service training. Prior to or during the first week of employment and prior to having sole responsibility for a group of children, a center shall provide orientation to the staff member that includes a review of: (Outcome: Achieved)

Corrected Corrected by Mar 12, 2025

Marked corrected in the state record.

Violation

Documentation that references have been verified including three references for the center director and two references for other staff members; (Outcome: Achieved)

Corrected Corrected by Dec 18, 2024

Marked corrected in the state record.

Violation

All qualified staff shall apply for credentialing on the WV STARS Career Pathway. (Outcome: Not Achieved)

Corrected Corrected by Apr 1, 2025

Marked corrected in the state record.

Violation

Cardiopulmonary Resuscitation (CPR) and First Aid. Within three months of employment or use staff members shall have current CPR certification appropriate to the age of the children in care and current first aid training. Except in the first year of employment or use, training in CPR and First Aid is in addition to the requirement for annual professional development. (Outcome: Achieved)

Corrected Corrected by Dec 12, 2024

Marked corrected in the state record.

Violation

A center shall secure from the employee a recent health assessment performed not more than 90 days prior to the date hired for the employee and signed by a licensed health care provider. The health assessment shall be on file no later than 30 days from the first date of employment. A health assessment for a volunteer shall be on file if the volunteer is scheduled to work at least 40 hours per month in the center. The health assessment shall include: (Outcome: Achieved)

Corrected Corrected by Dec 12, 2024

Marked corrected in the state record.

Violation

Abuse Recognition and Prevention. Within three months of employment or use, staff members shall have training in child abuse recognition and prevention. Training in child abuse recognition and prevention may be used to meet the requirement for annual professional development described in this section. (Outcome: Achieved)

Corrected Corrected by Mar 12, 2025

Marked corrected in the state record.

Violation

A tuberculosis risk assessment that is repeated annually or a tuberculosis screening by the Mantoux method, if a screening is indicated by the tuberculosis risk assessment. (Outcome: Achieved)

Corrected Corrected by Dec 5, 2024

Marked corrected in the state record.

Violation

Records of employment, including a duplicate copy of all performance evaluations; and (Outcome: Not Achieved)

Corrected Corrected by Apr 1, 2025

Marked corrected in the state record.

8.5.g · Violation

A center shall secure from the employee a recent health assessment performed not more than 90 days prior to the date hired for the employee and signed by a licensed health care provider. The health assessment shall be on file no later than 30 days from the first date of employment. A health assessment for a volunteer shall be on file if the volunteer is scheduled to work at least forty (40) hours per month in the center. The health assessment shall include (Outcome: Not Achieved)

Corrected Corrected by Aug 10, 2024

Marked corrected in the state record.

8.5.g.4 · Violation

A tuberculosis risk assessment that is repeated annually or a tuberculosis screening by the Mantoux method, if a screening is indicated by the tuberculosis risk assessment (Outcome: Not Achieved)

Corrected Corrected by Aug 10, 2024

Marked corrected in the state record.

8.6.a · Violation

A center shall assign one (1) individual the responsibility for monitoring and implementing training and maintaining training records (Outcome: Not Achieved)

Corrected Corrected by Aug 10, 2024

Marked corrected in the state record.

8.3.d.2 · Violation

Written references, including three (3) references for the center director and two (2) references for other staff members (Outcome: Not Achieved)

Corrected Corrected by Aug 10, 2024

Marked corrected in the state record.

8.6.f.2 · Violation

Abuse Recognition and Prevention. Within six (6) months of employment or use, staff members shall have training in child abuse recognition and prevention. Training in child abuse recognition and prevention may be used to meet the requirement for annual professional development described in this section (Outcome: Not Achieved)

Corrected Corrected by Aug 10, 2024

Marked corrected in the state record.

8.6.f.1 · Violation

Cardiopulmonary Resuscitation (CPR) and First Aid. Within six (6) months of employment or use staff members shall have current CPR certification appropriate to the age of the children in care and current first aid training. Except in the first year of employment or use, training in CPR and First Aid is in addition to the requirement for annual professional development (Outcome: Not Achieved)

Corrected Corrected by Aug 10, 2024

Marked corrected in the state record.

8.3.d.3 · Violation

Records of employment, including a duplicate copy of all performance evaluations (Outcome: Not Achieved)

Corrected Corrected by Aug 10, 2024

Marked corrected in the state record.

8.5.g · Violation

A center shall secure from the employee a recent health assessment performed not more than 90 days prior to the date hired for the employee and signed by a licensed health care provider. The health assessment shall be on file no later than 30 days from the first date of employment. A health assessment for a volunteer shall be on file if the volunteer is scheduled to work at least 40 hours per month in the center. The health assessment shall include:8.5.g.1. A significant health history which the center needs to know in order to protect the health of the employee or the health and safety of children in care;8.5.g.2. A physical examination, including vision and hearing screening;8.5.g.3. A statement that the prospective staff member has no known condition or disease which would interfere with the proper care of children; and8.5.g.4. A tuberculosis risk assessment that is repeated annually or a tuberculosis screening by the Mantoux method, if a screening is indicated by the tuberculosis risk assessment.8.5.h. For staff currently employed, a center shall keep on file a health assessment that is updated every two years except the tuberculosis risk assessment or tuberculosis screening discussed above.The staff files did not contain current Health Assessments (Outcome: Achieved)

Corrected Corrected by Apr 30, 2021

Marked corrected in the state record.

8.7.c · Violation

All qualified staff shall complete the approved training which is necessary to keep the credential current (Outcome: Achieved)

Corrected Corrected by Apr 30, 2021

Marked corrected in the state record.

8.6.f.1 · Violation

Cardiopulmonary Resuscitation (CPR) and First Aid. Within six (6) months of employment or use staff members shall have current CPR certification appropriate to the age of the children in care and current first aid training. Except in the first year of employment or use, training in CPR and First Aid is in addition to the requirement for annual professional development (Outcome: Pending)

Corrected Corrected by Apr 30, 2021

Marked corrected in the state record.

8.6.f.2 · Violation

Abuse Recognition and Prevention. Within six (6) months of employment or use, staff members shall have training in child abuse recognition and prevention. Training in child abuse recognition and prevention may be used to meet the requirement for annual professional development described in this section (Outcome: Pending)

Corrected Corrected by Apr 30, 2021

Marked corrected in the state record.

8.6.d · Violation

Prior to or during the first week or employment and prior to having sole responsibility for a group of children, a center shall provide orientation to the staff member that includes a review of (Outcome: Pending)

Corrected Corrected by Apr 30, 2021

Marked corrected in the state record.

15.2 · Violation

Child Health Assessment (Outcome: Pending)

Corrected Corrected by Apr 30, 2021

Marked corrected in the state record.

15.2.a · Violation

A center shall have on file no later than thirty (30) days after the admission, the child's health records, including a record of a health assessment signed by the child's licensed health care provider, that includes the following medical and developmental information, and any special required instructions for the center: (Outcome: Pending)

Corrected Corrected by Apr 30, 2021

Marked corrected in the state record.

15.2.a.1 · Violation

The child's current height and weights (Outcome: Pending)

Corrected Corrected by Apr 30, 2021

Marked corrected in the state record.

15.2.a.2 · Violation

A description of any allergy, current health problem or condition that may affect the child's adaptation to care, including abnormal results of screening tests, for vision, hearing, tuberculosis, or lead poisoning (Outcome: Pending)

Corrected Corrected by Apr 30, 2021

Marked corrected in the state record.

15.2.a.3 · Violation

Prescribed daily medications and any potential side effects (Outcome: Pending)

Corrected Corrected by Apr 30, 2021

Marked corrected in the state record.

15.2.a.4 · Violation

The child's health history, including, as applicable, information about a serious illness or significant communicable disease, an injury that required medical attention or hospitalization, a previous surgery, or a history of prematurity (Outcome: Pending)

Corrected Corrected by Apr 30, 2021

Marked corrected in the state record.

15.2.b · Violation

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 (2) years for the child under the age of six (6) years (Outcome: Pending)

Corrected Corrected by Apr 30, 2021

Marked corrected in the state record.

7.4.k · Violation

Health records as described in Subsections 15.1 and 15.2 of this rule (Outcome: Pending)

Corrected Corrected by Apr 30, 2021

Marked corrected in the state record.

7.4.l · Violation

The dates of enrollment and discharge (Outcome: Pending)

Corrected Corrected by Apr 30, 2021

Marked corrected in the state record.

8.7.b · Violation

All qualified staff apply for credentialing on the WV STARS Career Pathway (Outcome: Achieved)

Corrected Corrected by Apr 30, 2021

Marked corrected in the state record.