Violation

A center shall ensure that a common outdoor area is not regularly used at the same time by groups of school-age children and by groups five years of age and younger; (Outcome: Achieved)

Corrected Corrected by May 19, 2026

Marked corrected in the state record.

Violation

A licensee shall post the license or certificate of approval in a conspicuous place in the center. (Outcome: Achieved)

Corrected Corrected by May 19, 2026

Marked corrected in the state record.

Violation

Complete a report of each serious occurrence ensuring that the report is signed by the staff member completing it and by the child's parent. Copies of the report are to be placed in the child's file and in a separate cumulative file maintained by the center. (Outcome: Achieved)

Corrected Corrected by Apr 20, 2026

Marked corrected in the state record.

Violation

Verbally report the occurrence within 24 hours or by the next work day to the Secretary, and before the end of the day, ensure that the staff member in charge prepares and signs a serious occurrence report; and (Outcome: Achieved)

Corrected Corrected by May 19, 2026

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: Not Achieved)

Corrected Corrected by May 26, 2026

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 Apr 30, 2026

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 Apr 30, 2026

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: Not Achieved)

Corrected Corrected by May 19, 2026

Marked corrected in the state record.

Violation

A fitness determination of eligibility from the WV CARES unit; and (Outcome: Achieved)

Corrected Corrected by Apr 30, 2026

Marked corrected in the state record.

Violation

A completed and signed WV CARES self-disclosure application and consent form. A copy of the form shall be on file and uploaded to the WV CARES system no later than the date of hire; (Outcome: Achieved)

Corrected Corrected by Apr 30, 2026

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 May 26, 2026

Marked corrected in the state record.

Violation

A parent is given written communication about the circumstances necessitating the plan and is provided the opportunity to participate in the development of the plan. The center shall provide the parent with a copy of the completed plan and regular written reports of the child's progress; (Outcome: Achieved)

Corrected Corrected by May 19, 2026

Marked corrected in the state record.

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: Achieved)

Corrected Corrected by May 19, 2026

Marked corrected in the state record.

Violation

A current job description; (Outcome: Achieved)

Corrected Corrected by Mar 30, 2026

Marked corrected in the state record.

Violation

A center shall provide each new staff member with a notification letter that includes his or her effective date of hire, position title, qualifications, duties and responsibilities at the time of hiring. (Outcome: Achieved)

Corrected Corrected by Mar 30, 2026

Marked corrected in the state record.

Violation

Have the parent clearly label each bottle of breast milk with the child's name, date expressed, date frozen if applicable, and date received; (Outcome: Achieved)

Corrected Corrected by Apr 1, 2026

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 Mar 31, 2026

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, 2026

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 Mar 30, 2026

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 Mar 30, 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 Mar 30, 2026

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 Mar 31, 2026

Marked corrected in the state record.

Violation

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

Corrected Corrected by Mar 31, 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 Dec 1, 2025

Marked corrected in the state record.

Violation

Only use furnishings, equipment and supplies that meet the standards of the Consumer Product Safety Commission (CPSC) and shall not use any product recalled by the CPSC; (Outcome: Achieved)

Corrected Corrected by Dec 1, 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: Achieved)

Corrected Corrected by Dec 1, 2025

Marked corrected in the state record.

Violation

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

Corrected Corrected by Aug 15, 2025

Marked corrected in the state record.

Violation

Maintain a temperature not less than 68 degrees Fahrenheit at floor level and not higher than 85 degrees Fahrenheit, in all rooms occupied by a child; (Outcome: Achieved)

Corrected Corrected by Dec 1, 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 29, 2026

Marked corrected in the state record.

Violation

A statement that the prospective staff member has no known condition or disease which would interfere with the proper care of children; and (Outcome: Achieved)

Corrected Corrected by Dec 1, 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 Dec 1, 2025

Marked corrected in the state record.

Violation

A physical examination, including vision and hearing screening; (Outcome: Achieved)

Corrected Corrected by Dec 1, 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: Achieved)

Corrected Corrected by Dec 1, 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: Achieved)

Corrected Corrected by Dec 1, 2025

Marked corrected in the state record.

Violation

A parent is given written communication about the circumstances necessitating the plan and is provided the opportunity to participate in the development of the plan. The center shall provide the parent with a copy of the completed plan and regular written reports of the child's progress; (Outcome: Achieved)

Corrected Corrected by Aug 12, 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 Aug 12, 2025

Marked corrected in the state record.

Violation

Include routines at regularly scheduled times, such as sleeping, eating, dressing, toileting, hygiene and diapering; (Outcome: Achieved)

Corrected Corrected by Aug 12, 2025

Marked corrected in the state record.

Violation

Leftover portions of food that have been served are discarded; (Outcome: Achieved)

Corrected Corrected by Aug 12, 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 Aug 12, 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 Aug 12, 2025

Marked corrected in the state record.

Violation

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

Corrected Corrected by Aug 12, 2025

Marked corrected in the state record.

Violation

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

Corrected Corrected by Aug 12, 2025

Marked corrected in the state record.

Violation

Ensuring that no child is routinely left in a crib, except for sleep or rest; and (Outcome: Achieved)

Corrected Corrected by May 20, 2025

Marked corrected in the state record.

Violation

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

Corrected Corrected by Apr 14, 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: Achieved)

Corrected Corrected by May 20, 2025

Marked corrected in the state record.

Violation

A center shall follow written menus as planned and write any changes on the posted menus. (Outcome: Achieved)

Corrected Corrected by Apr 14, 2025

Marked corrected in the state record.

Violation

A center shall prepare a written, daily roster that includes the first and last names of each child in each group of children, the name of the staff member responsible for the group, and the space designated for use by the group both at the center and at off-site locations used during field trips. (Outcome: Achieved)

Corrected Corrected by May 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: Achieved)

Corrected Corrected by May 20, 2025

Marked corrected in the state record.

Violation

A center shall post menus for all food served a minimum of one week in advance for the parent to see. (Outcome: Achieved)

Corrected Corrected by Apr 14, 2025

Marked corrected in the state record.

Violation

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; and (Outcome: Achieved)

Corrected Corrected by Jan 10, 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 Nov 20, 2024

Marked corrected in the state record.

Violation

A center shall provide each new staff member with a notification letter that includes his or her effective date of hire, position title, qualifications, duties and responsibilities at the time of hiring. (Outcome: Achieved)

Corrected Corrected by Dec 10, 2024

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 Jan 2, 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 Jan 2, 2025

Marked corrected in the state record.

Violation

A completed and signed WV CARES self-disclosure application and consent form. A copy of the form shall be on file and uploaded to the WV CARES system no later than the date of hire; (Outcome: Achieved)

Corrected Corrected by Jan 2, 2025

Marked corrected in the state record.

Violation

A fitness determination of eligibility from the WV CARES unit; and (Outcome: Achieved)

Corrected Corrected by Jan 2, 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 Jan 2, 2025

Marked corrected in the state record.

Violation

A verification of the staff member's education and qualifications. (Outcome: Achieved)

Corrected Corrected by Jan 2, 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 Jan 2, 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 Jan 2, 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 Jan 2, 2025

Marked corrected in the state record.

Violation

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. (Outcome: Achieved)

Corrected Corrected by Jan 2, 2025

Marked corrected in the state record.

Violation

Other than the exceptions cited in subdivision 8.4.e., a center shall ensure that a state and federal fingerprint-based criminal background investigation is performed on each staff member and volunteer pursuant to the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code §16-49-1 et seq., and W. Va. Code R. §69-10-1, et seq., and shall keep the following information on file: (Outcome: Achieved)

Corrected Corrected by Jan 2, 2025

Marked corrected in the state record.

Violation

Prior to receiving the WV CARES fitness determination 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: Achieved)

Corrected Corrected by Jan 2, 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 3, 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 Jan 31, 2025

Marked corrected in the state record.

Violation

The name, physical address and telephone number of at least one additional individual who can assume responsibility if the center cannot locate the parent; (Outcome: Achieved)

Corrected Corrected by Dec 19, 2024

Marked corrected in the state record.

Violation

A center shall have on file no later than 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: Achieved)

Corrected Corrected by Jan 10, 2025

Marked corrected in the state record.

Violation

A signed permission to release the child to someone other than the parent, with the names, addresses and telephone numbers of the one person or several persons permitted to take the child from the center; (Outcome: Achieved)

Corrected Corrected by Dec 19, 2024

Marked corrected in the state record.

Violation

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

Corrected Corrected by Dec 19, 2024

Marked corrected in the state record.

Violation

The child's current height and weight; (Outcome: Achieved)

Corrected Corrected by Jan 10, 2025

Marked corrected in the state record.

Violation

A center shall prepare a written, daily roster that includes the first and last names of each child in each group of children, the name of the staff member responsible for the group, and the space designated for use by the group both at the center and at off-site locations used during field trips. (Outcome: Not Achieved)

Corrected Corrected by Jan 31, 2025

Marked corrected in the state record.

Violation

The dates of enrollment and discharge; (Outcome: Achieved)

Corrected Corrected by Dec 19, 2024

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 Jan 31, 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 Jan 31, 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 Jan 31, 2025

Marked corrected in the state record.

Violation

The name of the child's parent, and the parent's home and work telephone numbers and addresses; (Outcome: Achieved)

Corrected Corrected by Dec 20, 2024

Marked corrected in the state record.

Violation

The child's name, address, gender and date of birth; (Outcome: Achieved)

Corrected Corrected by Dec 19, 2024

Marked corrected in the state record.

Violation

One copy in the center's files to be easily accessible at all times; and, (Outcome: Achieved)

Corrected Corrected by Dec 19, 2024

Marked corrected in the state record.

Violation

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

Corrected Corrected by Jan 19, 2025

Marked corrected in the state record.

Violation

A physical examination, including vision and hearing screening; (Outcome: Not Achieved)

Corrected Corrected by Nov 6, 2024

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: Not Achieved)

Corrected Corrected by Nov 6, 2024

Marked corrected in the state record.

Violation

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; (Outcome: Not Achieved)

Corrected Corrected by Nov 4, 2024

Marked corrected in the state record.

Violation

A statement that the prospective staff member has no known condition or disease which would interfere with the proper care of children; and (Outcome: Not Achieved)

Corrected Corrected by Nov 6, 2024

Marked corrected in the state record.

Violation

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. (Outcome: Not Achieved)

Corrected Corrected by Nov 6, 2024

Marked corrected in the state record.

Violation

A verification of the staff member's education and qualifications. (Outcome: Not Achieved)

Corrected Corrected by Nov 6, 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: Not Achieved)

Corrected Corrected by Nov 6, 2024

Marked corrected in the state record.

Violation

A center shall provide each new staff member with a notification letter that includes his or her effective date of hire, position title, qualifications, duties and responsibilities at the time of hiring. (Outcome: Not Achieved)

Corrected Corrected by Nov 6, 2024

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: Not Achieved)

Corrected Corrected by Nov 6, 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 Nov 6, 2024

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: Not Achieved)

Corrected Corrected by Nov 6, 2024

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: Not Achieved)

Corrected Corrected by Nov 6, 2024

Marked corrected in the state record.

Violation

A fitness determination of eligibility from the WV CARES unit; and (Outcome: Not Achieved)

Corrected Corrected by Nov 6, 2024

Marked corrected in the state record.

Violation

A completed and signed WV CARES self-disclosure application and consent form. A copy of the form shall be on file and uploaded to the WV CARES system no later than the date of hire; (Outcome: Not Achieved)

Corrected Corrected by Nov 6, 2024

Marked corrected in the state record.