6.1.b.3 · Violation

The governing body shall meet at least four (4) times a year and preserve in writing the minutes of each meeting, including but not limited to, the meeting's date and time, members in attendance, issues considered, and decisions made. (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

6.1.c · Violation

An unincorporated, individual licensee (owner) may act as the governing body. In addition to the requirements listed in Paragraph 6.1.b.4 of this Subsection, the owner shall appoint a parent advisory committee comprised of parents of children currently served by the center that meets at least four (4) times a year. (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

8.6.h.1 · Violation

Prior to starting the program, shall ensure that each qualified staff member caring for the child has received a minimum of forty (40) hours of approved training related to the care of children twenty-four (24) months of age and under, and shall submit documented evidence of the training to the Secretary. (Outcome: Pending)

Corrected Corrected by Jun 30, 2005

Marked corrected in the state record.

8.6.h.2 · Violation

For an existing program shall ensure that within six (6) months of beginning to care for children twenty-four (24) months of age and under, each qualified staff member shall has a minimum of forty (40) hours of approved training related to the care of children twenty-four (24) months of age and under. Until all staff members meet the requirements of this section, the center shall ensure that at least one (1) qualified staff member is present at all times who has completed the minimum approved training. (Outcome: Pending)

Corrected Corrected by Jun 30, 2005

Marked corrected in the state record.

13.5.h · Violation

Maximize safety by ensuring that:13.5.h.2. Use zones are extended by at least six (6) feet in all directions from the perimeter of indoor climbing equipment, and landing mats are provided that are at least four (4) inches thick, constructed of materials such as rubber or a rubber composition, and securely fixed in place (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

6.5.a.2.B · Violation

A center that operates at more than one (1) site shall keep current staff members' emergency medical information on file at each location where a staff member is employed and at a central location

Corrected Corrected by Jan 1, 1753

Marked corrected in the state record.

11.6.a · Violation

The definition of child abuse and neglect (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

11.6.b · Violation

The requirement to report immediately, in accordance with W. Va. Code 49-6A-1 et seq., 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 (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

11.7.a · Violation

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 (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

11.7.b · Violation

Obtaining a signed and dated acknowledgment that the staff member has read and understands the policies or revised policies; and11.7.c. Placing the signed acknowledgment statement in the staff member's file. (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

11.8.a · Violation

Providing to each child's parent written copies and an oral explanation of a center's policies on behavior management and the reporting of child abuse and neglect, and updating parents on policy changes when they occur;11.8.b. Obtaining a signed and dated acknowledgment that the center has explained the policies and provided the parent with a copy. The statement shall bear the child's name, the date of enrollment, and, if different, the date the parent signs the statement; and (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

6.3.a.5 · Violation

Reporting of abuse and neglect (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

7.1.a.5.A · Violation

The center prohibits corporal punishment on its premises and during off-site center activities while the child is participating; (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

7.1.a.5.C.1 · Violation

Behavior management and the reporting of child abuse and neglect (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

8.4.c · Violation

Other than the exceptions cited in Subdivision 8.4.d. of this Subsection, a center shall ensure that each staff member has a criminal background investigation check submitted through the West Virginia Department of Military Affairs and Public Safety, Criminal Identification Bureau (CIB), and an authorized agency in a previous state of residence, if applicable, and shall keep the following information on file:8.4.c.1. A completed, signed and witnessed Statement of Criminal Record;8.4.c.2. A CIB records check, except as described in this section; and8.4.c.3. A report of a Federal Bureau of Investigation (FBI) records check, for any staff member who has lived outside West Virginia within the past five (5) years, or has established residence outside West Virginia for more than one (1) year since turning eighteen (18) years of age; and8.4.c.4. A completed, signed, and dated Child Maltreatment Record Search Release. (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

8.4.e · Violation

Prior to receiving the CIB and FBI reports required under this rule on any staff member, a center shall have in place a safety plan that ensures that the staff member works under direct supervision and is not left alone with a child. (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

8.4.g · Violation

For individuals over thirteen (13) and under eighteen (18) years of age, prior to permitting them direct contact with the children on a regular basis, a center shall have on file a signed affidavit from the individual's parent stating that his or her child has never been arrested or convicted of an offense against a person. (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

8.4.h.1 · Violation

The Statement of Criminal Record every two (2) years (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

8.4.h.2 · Violation

The CIB report at least every five (5) years. (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

8.4.i · Violation

A center shall have policies and procedures that provide for the completion by a prospective staff member of a Statement of Criminal Record and the Statement of Child Maltreatment Record Search Release. (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

17.2.c · Violation

The center shall ensure that the floor area immediately adjacent to the diaper changing table has a moisture-resistant, non-absorbent surface extending three (3) feet from the base of the table on all sides, except when one side of the table is against a wall. (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

7.4.e · Violation

The child's health insurance coverage and policy number (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

7.4.f · Violation

A signed permission from the parent for emergency medical treatment and transportation (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

7.4.n · Violation

The name and telephone number of the school-age child's school (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

7.5 · Violation

Information for emergency purposes. A center shall keep two (2) copies of the information in Subdivision 7.4.a. through 7.4.j of this rule, with a parent's original signature on both copies, and shall keep: 7.5.a. One (1) 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. (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

8.6.g · Violation

A center shall ensure that prior to assuming management duties, including supervising other qualified staff members, assisting the director or serving as the designated person-in-charge of a center, a qualified staff member: (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

8.6.g.1 · Violation

Completes the requirements for orientation training, annual professional development, and management orientation training that includes a detailed review of the center's administrative manual and management practices (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

8.6.g.2 · Violation

Co-signs with the director a statement which is kept in the staff member's file acknowledging he or she received management training. (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

6.2.a.3 · Violation

The ages of the children served (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

6.2.a.4 · Violation

The licensed capacity (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

6.3.a.3 · Violation

Staff (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

7.1.b · Violation

The center shall ensure the parent has access to a copy of this rule (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

7.1.d · Violation

The center shall inform the parent of his or her right to report to the Secretary any complaints related to compliance with the provisions of W. Va. Code 49-2B-1 et seq. and the requirements of this rule. (Outcome: Pending)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

15.4 · Violation

h. Medication Administration. With advice from a licensed health provider, a center shall develop, implement and maintain health policies and procedures that include the following procedures for the administration of medication: 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 physician or other licensed health care provider; 15.4. h. 2. A center may refuse to administer non prescriptive medications; 15.4. h. 3. A center shall store all medication in its original bottle or package in a locked cabinet or container that is inaccessible to children, away from food, and refrigerated or unrefrigerated according to instructions on the prescription, order or label. When a center stores medication and food in the same refrigerator, the center shall place the medication in a sealed plastic container; 15.4. h. 5. A center shall ensure that medication is only administered when: 15.4. h. 5. A. 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 physician s name, the child s first and last names, specific, legible directions for administration and storage, and the expiration date; or 15.4. h. 5. B. The original non prescriptive medicine bottle or package also has a label with the child s first and last names, specific, legible directions for administration and storage, and the name of the licensed health care provider who wrote the order and the date of the order; 15.4. h. 6. A center shall ensure that before administering medication when the directions are not legible, staff members check with the child s licensed health care provider or, if applicable, the pharmacy that filled the prescription; 15.4. h. 7. When a child no longer needs the medication or its expiration date passes, a center shall return the medication to t (Outcome: Achieved)

Corrected Corrected by May 31, 2005

Marked corrected in the state record.

7.1.a.5.A · Violation

The center prohibits corporal punishment on its premises and during off-site center activities while the child is participating; (Outcome: Pending)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

8.4 · Violation

Staff Requirements. 8.4. a. A center shall use staff members with: 8.4. a. 1. A good reputation and character; 8.4. a. 2. Sufficient education, training and experience to provide the skills necessary for carrying out the essential functions of his or her job with or without reasonable accommodation; 8.4. a. 3. Sound judgment, emotional maturity, and an understanding of children; 8.4. a. 4. A demonstrated ability to perform assigned tasks; 8.4. a. 5. The ability to correct hazards that might harm the health, safety and well-being of the children; 8.4. a. 6. The ability to work with children without mistreatment or abuse; (Outcome: Pending)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.5.a · Violation

When possible, a parent participates in the development of the plan and, in all cases, the center shall provide the parent with a copy of the completed plan and regular written reports of the child's progress (Outcome: Pending)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

4.1.a.1 · Violation

A center operator and each member of the governing body shall verify in writing that he or she has read this rule and is responsible for compliance with its requirements (Outcome: Achieved)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.4.c · Violation

Restraining a child by any means other than a firm grasp around a child's arms or legs and then for only as long as is necessary for the child to regain control (Outcome: Pending)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.4.b · Violation

Putting anything in or on a child's mouth as punishment (Outcome: Pending)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.6.a · Violation

The definition of child abuse and neglect (Outcome: Achieved)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.6.b · Violation

The requirement to report immediately, in accordance with W. Va. Code 49-6A-1 et seq., 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 (Outcome: Achieved)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.6.c · Violation

A statement posted at the center in clear public view stating that the center reports suspected child abuse and neglect to Child Protective Services. (Outcome: Achieved)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.7.a · Violation

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 (Outcome: Achieved)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.7.b · Violation

Obtaining a signed and dated acknowledgment that the staff member has read and understands the policies or revised policies; and11.7.c. Placing the signed acknowledgment statement in the staff member's file. (Outcome: Achieved)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.8.a · Violation

Providing to each child's parent written copies and an oral explanation of a center's policies on behavior management and the reporting of child abuse and neglect, and updating parents on policy changes when they occur;11.8.b. Obtaining a signed and dated acknowledgment that the center has explained the policies and provided the parent with a copy. The statement shall bear the child's name, the date of enrollment, and, if different, the date the parent signs the statement; and (Outcome: Achieved)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.1.b · Violation

Ensure that the guidance, behavior management and discipline practices are constructive and educational in nature, appropriate to each child's age and circumstances, and in keeping with the center's policies and procedures (Outcome: Pending)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.1.c · Violation

Ensure that staff members are aware of behavior issues relating to an individual child, and treat behavior problems individually and in private (Outcome: Pending)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.2.a · Violation

Teach by example (Outcome: Pending)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.1.a · Violation

Develop, implement and maintain policies and procedures for behavior management that include the prohibitions described in Subsection 11.4. of this rule (Outcome: Pending)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.4.j · Violation

Seeking or accepting parental permission to use physical punishment or other actions prohibited by this rule. (Outcome: Pending)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.2.f · Violation

Help a child develop self control to assume responsibility for his or her own actions (Outcome: Pending)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.3.a · Violation

Redirect child to alternative behavior or other activities (Outcome: Pending)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.3.b · Violation

Encourage the child to control his or her own behavior, cooperate with others and solve problems by talking things out (Outcome: Pending)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.3.c · Violation

Speak so that the child understands that feelings are acceptable, but inappropriate behaviors and actions are not (Outcome: Pending)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.3.d · Violation

Use appropriate time-out periods only as necessary and not for over one (1) minute for each year of a child's age up to a maximum of five (5) minutes for the child under school-age (Outcome: Pending)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.3.e · Violation

Ensure that during a time-out period the child is within sight and hearing of a staff member in a safe, lighted and well-ventilated space (Outcome: Pending)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.3.f · Violation

Maintain perspective about the minor misbehavior of the school-age child and recognize that every infraction does not warrant staff attention or intervention; and (Outcome: Pending)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.3.g · Violation

Take action that relates to inappropriate behavior and ensure that any action that is taken is without bias and in proportion to the child's act. t (Outcome: Pending)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.4.a · Violation

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; (Outcome: Pending)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.5.b · Violation

When necessary and appropriate, other professionals also participate in the development and implementation of the plan and, when necessary, receive written reports of the child's progress; and (Outcome: Pending)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.5.c · Violation

Staff members cooperate in implementing the plan and keep on file at the center a copy of the plan, a record of the steps taken during implementation, and the child's progress in meeting the goals of the plan. (Outcome: Pending)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.4.d · Violation

Subjecting a child to psychological punishment of any kind, including but not limited to, ridicule, humiliation, or negative remarks about the child or the child's family, including remarks about race, gender, religion or cultural background (Outcome: Pending)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.2.b · Violation

Recognize and encourage acceptable behavior (Outcome: Pending)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.2.c · Violation

Make eye contact with the child and kneel or sit beside the child whenever possible when speaking to the child (Outcome: Pending)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.2.d · Violation

Supervise with kindness, understanding and firmness (Outcome: Pending)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

11.2.e · Violation

Define clear limits, set fair and consistent rules and, when appropriate, permit an older school age child to participate in the development of rules and procedures (Outcome: Pending)

Corrected Corrected by Apr 29, 2005

Marked corrected in the state record.

Violation

The following complaints were made about the center:Noncompliance with staff/child ratioChildren allowed to hang out windows in the toddler room.Children allowed to go barefoot throughout the building.A potty chair was left in the bathroom with feces on it.Staff do not wash their hands.Staff do not sit with the children while eating.Broken equipment left on the playground.Grass on the playground has not been cut and poses a hazard for snakes.Investigation findings:An unannounced visit was made on April 7, 2003 to monitor the center after receiving complaints of children hanging out the windows and noncompliance with staff/child ratio. Neither was observed that day. The staff informed me there are times the children climb up in windowsills. There was no evidence of children hanging out windows. A letter by Mary Carney, Coordinator of the office of nutrition was received regarding the center being out of compliance with staff/child ratio during a visit she made. This was discussed with Ramona Slone, the director. She denied this and explained that staff take the children to the room during this time and someone may have been out of the room for a few minutes.During an interview with a couple who expressed concern about the center the following issues were identified:Children allowed to go barefoot throughout the building.A potty chair was left in the bathroom with feces on it.Staff do not wash their hands.Staff do not sit with the children while eating.Broken equipment left on the playground.Grass on the playground has not been cut and poses a hazard for snakes.A parent reported the center had been out of compliance with staff/child ratio until the issue was discussed with the director. Currently Mrs. Rutherford has been in charge each morning and this has been corrected.These issues were discussed with the director. She told me the children usually take their shoes off when they get to the center.

Corrected Corrected by Apr 29, 2003

Marked corrected in the state record.