SERIES 1
DAY CARE CENTERS LICENSING
§ 78-1-1. General.
1.1. Scope. --This rule establishes standards and procedures for the licensure of day care centers under the
provisions of W. Va. Code § 49-2B-1 et seq. , and related federal and state code. This rule should be read in
conjunction with the provisions of W. Va. Code § 49-2B-1 et seq. The W. Va. Code is available in public libraries
and on the Legislature s web page at http: / / www. legis. state. wv. us/ .
1.2. Authority. --West Virginia Code § 49-2B-4.
1.3. Filing Date. April 14, 2003.
1.4. Effective Date. July 1, , 2003.
1.5. Repeal and Replacement of Former Rule. --This legislative rule repeals and replaces Day Care Centers
Licensing, 78CSR1, , effective June 1, 1982.
§ 78-1-2. Application and Enforcement.
2.1. Application. This rule applies to any individual, firm, corporation, association or organization, public or
private, that operates day care centers for the care of thirteen ( 13) or more children on a nonresidential basis.
2.2. Enforcement. This rule is enforced by the Secretary of the Department of Health and Human Resources.
§ 78-1-3. Definitions.
3.1. Active Media. Materials that the child can control while participating in an activity such as taking pictures
with cameras, making audio or video tapes, playing video games or working on a computer.
3.2 Adequate Supervision. The observation, , oversight, and guidance of the individual child or groups of
children, by the staff member taking responsibility for the ongoing activity of each child so that the staff member is close
enough to intervene, if necessary, to protect the child from harm. Adequate supervision requires the staff member s
physical presence, knowledge of the child s program of activities, individual needs, habits, interests and special
problems, if any, and the acceptance of accountability for the child s or groups of children s care.
3.3. Approved Training. Training that has been approved by the Secretary.
3.4. Approved Training Source. A training provider that has been approved by the Secretary.
3.5. Certificate of Approval. A written certificate issued by the Secretary stating that a day care center
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operated by the state meets requirements in accordance with the terms and conditions of the certificate and this rule .
3.6. CDA ( Child Development Associate) Credential. The national early childhood credential administered by
the Council for Early Childhood Professional Recognition.
3.7. Child Abuse and Neglect. Physical injury, mental or emotional injury, sexual abuse, sexual exploitation, the
sale or the attempted sale, or negligent treatment or maltreatment of a child by a parent, guardian or custodian
responsible for the child s welfare.
3.8. Child Maltreatment Record Search Release. A document signed by a center s prospective staff member
granting permission to conduct a search of Department records related to his or her involvement in child abuse or
neglect allegations, or other investigations documented by the Secretary.
3.9. Continuous Supervision. The availability and responsibility of a staff member to assist with child care at all
times.
3.10. Core Competencies of Early Childhood Educators. The sets of skills and knowledge that represent
common standards of satisfactory practice in the early childhood field in the following essential areas: safety, health,
environment, physical and social development, cognitive development, development of creativity, communication, self,
and guidance, family, program management, and professionalism.
3.11. Criminal Identification Bureau Record ( CIB) . The State Police documentation, , as a result of a
fingerprinting process, that identifies a person who has been arrested or convicted of criminal behavior.
3.12. Day Care Center. A facility operated by an individual, , firm, corporation, association or organization,
public or private, for the care of thirteen ( 13) or more children on a nonresidential basis, except:
3.12. a. A kindergarten, preschool or school education program that is operated by a public school or that
is accredited by the state department of education, or any other kindergarten, preschool or school programs that
operate with sessions not exceeding four ( 4) hours per day for any child;
3.12. b. An individual or facility that offers occasional care of children for brief periods while parents are
shopping, engaging in recreational activities, attending religious services or engaging in other business or personal
affairs;
3.12. c. Summer recreation camps operated for children attending session for periods not exceeding thirty
( 30) days;
3.12. d. Hospitals or other medical facilities that are primarily used for temporary residential care of
children for treatment, convalescence, or testing;
3.12. e. Persons providing family day care solely for children related to them; or
3.12. f. Any juvenile detention facility or juvenile correctional facility operated by or under contract with the
division of juvenile services, created pursuant to the provisions of W. Va. Code § 49-5E-2 for the secure housing or
holding of juveniles committed to its custody.
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3.13. Designated Activity Area -Room divisions within the center that define limits and reduce distractions.
These divisions shall include a temporary wall or physical barrier that is at least three ( 3) feet in height.
3.14. Direct Supervision. When a qualified staff member is physically present in the same room, , area, or
vehicle with the child or group of children, visually monitoring the interactions of the children.
3.15. Disinfect. Eliminate virtually all germs from an inanimate surface through the use of chemicals or heat.
3.16. Early Care and Education Field. An area of study that relates to child development, , early childhood from
birth to eight ( 8) years of age, child and family studies, early childhood special education or other early childhood fields.
3.17. Evening Care. Care provided after seven o clock ( 7: 00) pm to a child who does not stay overnight.
3.18. Field Trip. An excursion or special outing away from the site where program activities regularly occur.
3.19. Full-time Director. A director who is present at the center for a minimum of one-half ( ½ ) of the hours
the center is in operation during the week, or thirty-five ( 35) hours per week, whichever is less.
3.20. GED. A certificate verifying passage of a test of General Educational Development recognized as
equivalent to a high school diploma.
3.21. Governing Body. The individual owner of the center or the group of persons that have the administrative
control and legal authority to set policy and oversee operations of a day care center.
3.22. Group. A specific number of children, distinct from the larger population of children, who regularly meet
together and interact with each other and with one ( 1) or more specific staff members, in an assigned space. The size
of the group and required number of staff are determined by the staff/ child ratio set out in this rule.
3.23. Level I Water Activity. Any activity occurring in or near water eighteen ( 18) inches deep or less.
3.24. Level II Water Activity. Any activity occurring in or near water with a depth of more than eighteen ( 18)
inches, including but not limited to, swimming, fishing, rafting, boating, sail-boarding, scuba diving, inner-tubing,
canoeing, sailing, water skiing, and water park activities.
3.25. License. A written certificate issued by the Secretary authorizing a person, corporation, partnership,
voluntary association, municipality, county , or any agency thereof, to operate a day care center in accordance with the
terms and conditions of the license and this rule .
3.26. Licensed Capacity. The maximum number of children permitted in a center.
3.27. Licensed Health Care Provider. An individual who holds a license to practice in West Virginia as a
doctor of medicine ( MD) , doctor of osteopathy ( DO) , physician s assistant ( PA) , or registered nurse practitioner
( RNP) .
3.28. Licensee. The holder of a license or certificate of approval obtained from the Secretary to operate a day
care center in West Virginia.
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3.29. Medication Error.
3.29. a. Failure to administer a dose of medication; or
3.29. b. The administration of a medication:
3.29. b. 1. To the incorrect child;
3.29. b. 2. In the incorrect dosage;
3.29. b. 3. At the incorrect time, other than within one half ( ½ ) hour before or after the
scheduled time;
3.29. b. 4. In the incorrect form;
3.29. b. 5. By the incorrect method or route; or
3.29. b. 6. That is incorrect itself.
3.30. Nightttime Care. Care provided to the child who stays during nighttime hours but for less than twelve
( 12) consecutive hours.
3.31. Parent. The biological or adoptive parent or parents, a person or persons, or the Department, who has
legal custody of a child by birth, or as a result of any contract, agreement, or legal proceedings.
3.32. Passive Media. Materials that the child cannot control while participating in an activity such as watching
television, films and video tapes.
3.33. Person-in-Charge. The qualified staff member with responsibility for the daily operation of the center at
any specific time.
3.34. Plan of Correction. A written agreement between the Department and a center, approved prior to
implementation, that outlines the steps the center shall take to correct deficiencies identified by the Secretary through an
inspection or the investigation of a complaint.
3.35. Practicum Contact Hour. A period of supervised experience recognized for credit toward a credential
by an educational institution or similar organization.
3.36. Qualified Staff. A staff member who meets the requirements under this rule for the position of director,
assistant director, lead teacher, teacher, assistant teacher, or teaching assistant.
3.37. Registered Apprenticeship Certificate for Child Development Specialist. A nationally recognized
credential awarded by the U. S. Department of Labor for the successful completion of a combination of classroom and
on-the-job training.
3.38. Related Field. An area of study that may be associated with the early child care and education field,
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including education, social work, recreation and leisure studies, nursing, counseling, psychology, and administration
related to the care and education of the child from birth through twelve ( 12) years of age as approved by the Secretary.
3.39. Relevant Occupational Experience. Work that is directly with or on behalf of children from birth through
twelve ( 12) years of age, and their families in areas of supervision, leadership or management; program coordination,
development or regulation; training, instruction or technical assistance; or evaluation or research.
3.40. Responsible Adult. A parent, center staff member, or other adult whom the parent has designated to
drop off or pick up the child.
3.41. Sanitize. Destroy pathogens on food contact surfaces, such as utensils, cups and glasses, through the use
of processes involving chemicals or heat that do not pose a threat to food safety.
3.42. Secretary. The Secretary of the Department of Health and Human Resources or his or her designee.
3.43. School Age Child. A person who is between five ( 5) and 13 ( thirteen) years of age and is eligible to
attend school or is enrolled in school.
3.44. School-Age Program. Services provided by a center for the care and supervision for school-age
children.
3.45. Serious Occurrence. -An event that either harms or could potentially harm a child. It may include:
3.45. a. A child who dies while in care;
3.45. b. A child who is injured while in care to the extent that the child requires medical care beyond
immediate first aid;
3.45. c. A diagnosed reportable communicable disease that is introduced in the center;
3.45. d. A medication error that occurs;
3.45. e. A legal action involving the child or affecting the operation of the center that is brought;
3.45. f. A serious violation of a licensing requirement, such as use of physical punishment or failure to
supervise; or
3.45. g. A report is given to Child Protective Services of suspected abuse or neglect of a child at the
center.
3.46. Special Activities. Potentially dangerous organized recreation that requires special technical skills, safety
equipment, safety regulations, or involves fire or heat-producing equipment. These include, but are not limited to, Level
II water activities, archery, gymnastics, karate, horseback riding, bicycling, rock climbing and spelunking, hiking and
cookouts.
3.47. Staff Member. Any center personnel, , including substitutes and student interns, whether or not he or she
receives compensation.
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3.48. Staff/ Child Ratio. A fraction in which the numerator is one ( ( 1) qualified staff member or substitute, and
the denominator is the maximum number of children that the qualified staff member is permitted to supervise. The
number varies according to the ages and developmental levels of the children and the types of activities in which they
are participating.
3.49. Statement of Criminal Record. A signed declaration by a person of his or her arrests or convictions.
3.50. Substitute. An individual who is present at the center to maintain the staff/ child ratio when a qualified staff
member is absent.
3.51. Summer Recreation Camp. A program operated by a center that serves the same group or groups of
school age children for more than thirty ( 30) consecutive days and less than ninety ( 90) consecutive days, and operates
no less than four ( 4) hours a day and no more than twelve ( 12) hours a day.
3.52. Support Staff. Staff who carry out duties not regularly involving the supervision of children.
3.53. Teen Aide. An individual who is between thirteen ( 13) and eighteen ( 18) years of age who works with or
without compensation under the direct supervision of a qualified staff member who has a minimum of the qualifications
of an assistant director or lead teacher.
3.54. Time-out Period. A length of time when the child is removed from regular activities as a consequence for
specific behavior.
3.55. Training. Classroom instruction and programs of self-instruction including distance education provided
through a variety of media, seminars, workshops, conferences, on-the-job training, and mentoring designed to impart
knowledge or skills.
3.56. Type I Center. A day care center with a capacity of thirty ( 30) or fewer children.
3.57. Type II Center. A day care center with a capacity of thirty-one ( 31) to sixty ( 60) children.
3.58. Type III Center. A day care center with a capacity of sixty-one ( 61) or more children.
3.59. Universal Precautions. Procedures to be followed for infection control in all situations to prevent the
transmission of blood borne germs that may be spread through blood or body fluids that might contain blood.
3.60. Use Zone. The surface under and around a piece of equipment onto which the child falling from or
exiting from the equipment is expected to land.
3.61. Volunteer. An individual who provides a direct service to the center for two ( 2) or more hours a week
on a scheduled basis, without compensation, and is eighteen ( 18) years of age or older.
3.62. West Virginia Training Certificate in Early Care and Education ( WVTCECE) . A certificate for
completing one hundred twenty ( 120) hours of training in the core competencies of early childhood education awarded
through the WV Child Care Program.
§ 78-1-4. Licensing Information and Provisions.
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4.1. Requirements for a License or Certificate of Approval.
4.1. a. Before establishing or operating a day care center:
4.1. a. 1. 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;
4.1. a. 2. A day care center, other than one operated by the state, shall obtain a license from
the Secretary; and
4.1. a. 3. A day care center operated by the state shall obtain a certificate of approval from
the Secretary.
4.1. b. A license or certificate of approval is valid for two ( 2) years from the date of issuance, unless
revoked or modified to provisional status.
4.1. c. A license or certificate of approval is valid only for the center and its location named in the
application and is not transferable.
4.1. d. A licensee shall post the license or certificate of approval in a conspicuous place in the center.
4.1. e. If the ownership of a center changes, the new owner shall apply for a license and shall not operate
until a provisional license is issued.
4.1. f. Before the location of a center changes, the licensee shall:
4.1. f. 1. Inform the Secretary of the planned change at least thirty ( 30) days prior to the
relocation; and
4.1. f. 2. Apply for a new license or certificate of approval and shall not operate at the new
location until a provisional license or certificate of approval is issued.
4.2. Application for a License or Certificate of Approval.
4.2. a. For each center to be licensed or approved, an applicant shall submit a completed application and
provide the Secretary with the following information in writing:
4.2. a. 1. A floor plan showing the proposed structure or the proposed changes to the
existing structure;
4.2. a. 2. A positive Fire Safety Inspection Report from the State Fire Marshal;
4.2. a. 3. A positive inspection from the county Department of Health, including the
Department of Health Child Care Center Inspection Report and the Department of Health Inspection Report for Food
Service Establishments;
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4.2. a. 4. A Pest Management Report as required by the WV Department of Agriculture;
4.2. a. 5. Documentation of legal authority from the Secretary of State or a business
franchise certificate from the state Department of Tax and Revenue, verifying that the applicant is organized to do
business in the state and is in good standing;
4.2. a. 6. A list of the names of the staff members and the governing body;
4.2. a. 7. Job descriptions and the center s plan for meeting staff/ child ratios;
4.2. a. 8. The qualifications of the director and staff;
4.2. a. 9. A plan for orientation training for new staff members;
4.2. a. 10. A plan for the ongoing training, supervision, and evaluation of staff members;
4.2. a. 11. An operating budget for the first twelve ( 12) months of operation and
documentation of available funds equal to the operating budget projected for the initial six ( 6) month period;
4.2. a. 12. Proof of liability insurance;
4.2. a. 13. The center s statement of purpose as described in Subsection 6.2 of this rule;
4.2. a. 14. The center' s administrative manual as described in Subsection 6.3 of this rule;
4.2. a. 15. A description of expectations for parent involvement;
4.2. a. 16. A menu review and certificate of approval as evidenced by a copy of the Day
Care Center Menu Checklist or a written statement from Child and Adult Care Food Program administered by the
Office of Child Nutrition in the Department of Education; and
4.2. a. 17. Any additional information the Secretary considers reasonable in evaluating an
applicant.
4.2. b. A licensee shall submit an application for renewal of a license or certificate of approval to the
Secretary not less than sixty ( 60) days prior to the expiration of the current license.
4.3. Waivers and Variances.
4.3. a. A center shall comply with the provisions of W. Va. Code § 49-2B-1 et seq. , the requirements of
this rule, terms of its license or certificate of approval and any plan of correction, unless a written waiver or variance has
been granted by the Secretary. A center may not obtain a waiver of the requirements of this rule on the basis of the
inability to achieve compliance with the rule.
4.3. b. A center s written request for a waiver or variance from the Secretary shall include:
4.3. b. 1. The specific requirement of this rule requested to be waived or varied; and
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4.3. b. 2. The reason or reasons for seeking a waiver or variance.
4.3. c. A waiver or variance of a specific provision of this rule may be granted by the Secretary only if the
following criteria are met:
4.3. c. 1. The center has documented and demonstrated that the provision of the rule is
inapplicable in a particular circumstance, or that the center complies with the intent of the provision in the rule in a
manner not permitted by the rule;
4.3. c. 2. The health, safety, and well-being of a child is not endangered; and
4.3. c. 3. The waiver or variance agreement contains provisions for a regular review of the
waiver or variance.
4.3. d. The waiver or variance agreement is subject to immediate cancellation if a center fails to comply
with the stated terms of this rule.
4.4. Amendment of a License or Certificate of Approval.
4.4. a. A current licensee shall apply for an amendment of a license or certificate of approval when:
4.4. a. 1. Implementing an additional program or changing a program described in the
statement of purpose; or
4.4. a. 2. Changing the licensed capacity of the center.
4.4. b. In addition to a completed application, a licensee shall submit to the Secretary in writing:
4.4. b. 1. A copy of the center s revised statement of purpose as described in Subsection
6.2 of this rule;
4.4. b. 2. The qualifications of the director and staff members;
4.4. b. 3. A copy of the center s revised plan for meeting staff/ child ratios;
4.4. b. 4. A floor plan reflecting changes to the structure being used by a day care center;
4.4. b. 5. A positive inspection report from the State Fire Marshal following any changes to
the center s operation and premises;
4.4. b. 6. A positive inspection from the county Department of Health, including the
Department of Health Child Care Center Inspection Report and the Department of Health Inspection Report for Food
Service Establishments;
4.4. b. 7. A menu review and certificate of approval as evidenced by a copy of the Day Care
Center Menu Checklist or a written statement from Child and Adult Care Food Program administered by the Office of
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Child Nutrition in the Department of Education; and
4.4. b. 8 A Pest Management Report as required by the WV Department of Agriculture.
4.5. Issuance of a Provisional License or Certificate of Approval.
4.5. a. The Secretary may issue a provisional license or certificate of approval when:
4.5. a. 1. An applicant is unable to demonstrate full compliance with this rule because the
center is not fully operational; or
4.5. a. 2. An established licensee is temporarily unable to demonstrate compliance with this
rule.
4.5. b. A provisional license or certificate of approval expires six ( 6) months after the date of issuance and
may be reinstated no more than two ( 2) consecutive times.
4.5. c. The issuance of a provisional license or provisional certificate of approval is contingent upon a
center s submission of a plan of correction to the Secretary within a time frame specified by the Secretary.
4.6. Conditions of a License or Certificate of Approval.
4.6. a. As a condition of issuing a license or an certificate of approval the Secretary may:
4.6. a. 1. Limit the age, problems, type of behaviors, or physical or mental conditions of
children allowed admission to a particular center;
4.6. a. 2. Prohibit intake of any children; or
4.6. a. 3. Reduce the number of children that the center is licensed to receive.
4.7. Denial or Revocation of a License or Certificate of Approval.
4.7. a. The Secretary may deny a license or certificate of approval when the applicant fails to achieve or
maintain compliance with the provisions of W. Va. Code § 49-2B-1 et seq. and the requirements of this rule.
4.7. b. When the Secretary denies an application or revokes a license or certificate of approval, the
licensee shall not operate the center without a court order pending administrative or judicial review.
4.8. Order of Closure. When the Secretary finds that the operation of a center constitutes an immediate danger of
serious harm to the children served by the center and issues an order of closure that terminates operation, the licensee
shall not operate the center without a court order pending administrative or judicial review, as indicated in Section 24 of
this rule.
4.9. Grievance Procedure.
4.9. a. A center shall develop and implement a written grievance procedure for families and employees.
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The procedure shall be written in clear and simple language and shall include at least the following provisions:
4.9. a. 1. A center shall ensure that families and employees can express concerns or make
complaints without fear of retaliation;
4.9. a. 2. The grievance procedure shall ensure due process; and
4.9. a. 3. The center shall explain the procedure to parents and employees and obtain written
acknowledgment that an explanation of the procedure has been provided.
§ 78-1-5. Inspection and Investigation.
5.1. An applicant or licensee shall permit the Secretary unrestricted access to the center to conduct announced
and unannounced inspections of all aspects of the center s operation and premises.
5.2. A licensee shall provide all information requested by the Secretary.
5.3. After an inspection or a complaint investigation, the Secretary may require a plan of correction.
§ 78-1-6. Governance.
6.1. Administrative Structure.
6.1. a. General. The licensee is legally accountable for the operation of the center and shall:
6.1. a. 1. Ensure the center s compliance with the provisions of W. Va. Code § 49-2B-1 et
seq. and the requirements of this rule.
6.1. a. 2. Implement a statement of purpose as described in this rule; and
6.1 a. 3. Develop policies and procedures to be kept in an administrative manual as
described in this section to guide the operation of the center.
6.1. b. A center shall have a governing body to ensure that the responsibilities of the licensee are carried
out.
6.1. b. 1. The governing body shall be comprised of at least one ( 1) parent of a child
currently served by the center, or when no parent is available for the governing body, a parent advisory committee shall
be established as described in this section;
6.1. b. 2. No staff member, staff family member, or employee of a public agency that
regulates or makes eligibility decisions for the center may serve, but the director may be an ex-officio member.
6.1. b. 3. 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.
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6.1. b. 4 . The governing body shall appoint a full-time director to manage the daily
operations at each site where a center operates; submit the director s qualifications in writing for approval by the
Secretary prior to employment; conduct an annual evaluation of the director; and oversee any necessary action
regarding the director s job performance.
6.1. c. 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.
6.2. Statement of Purpose.
6.2. a. An applicant or licensee shall ensure that each center has a written statement of purpose that
includes:
6.2. a. 1. The type of care and programs offered by the center;
6.2. a. 2. The goals and objectives for each of the offered programs;
6.2. a. 3. The ages of the children served;
6.2. a. 4. The licensed capacity;
6.2. a. 5. The scheduled days and hours of operation; and
6.2. a. 6. The admission and discharge policies.
6.2. b. An applicant or licensee shall ensure that the statement of purpose is:
6.2. b. 1. Available to staff members at all times; and
6.2. b. 2. Reviewed with all staff members whenever changes are made.
6.3. Administrative Manual.
6.3. a. An applicant or licensee shall ensure that each center has an administrative manual that includes the
center s policies and procedures with the dates they were implemented or revised, regarding:
6.3. a. 1. Confidentiality and information disclosure and secure disposition of records;
6.3. a. 2. Admission and discharge;
6.3. a. 3. Staff;
6.3. a. 4. Behavior management;
6.3. a. 5. Reporting of abuse and neglect;
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6.3. a. 6. Health, including, at a minimum, immunization, any parental objection to treatment,
exclusion and readmittance of the child with a communicable illness, and medication administration;
6.3. a. 7. Attendance; and
6.3. a. 8. Emergencies.
6.3. b. An applicant or licensee shall ensure that the administrative manual is:
6.3. b. 1. Available to staff members at all times; and
6.3. b. 2. Reviewed with all staff members when changes are made.
6.4. Standards of Ethical Conduct. A center shall not misrepresent or operate a program in any way that is
misleading, deceptive or illegal.
6.5. Records and Information Disclosure.
6.5. a. Records. A center shall maintain the confidentiality of all records, including:
6.5. a. 1. Child records according to the following guidelines:
6.5. a. 1. A. A center where the child is currently enrolled shall keep the child s
records on the premises and have a procedure for the maintenance, security and disposition of records;
6.5. a. 1. B. A center shall store and secure records against loss, tampering, or
unauthorized use and establish procedures restricting access to records and unauthorized use under the provisions of
W. Va. Code § 61-3C-1 et seq. ; and
6.5. a. 1. C. A center shall retain records for a minimum of three ( 3) years following
the child s discharge; and
6.5. a. 2. Staff records according to the following guidelines:
6.5. a. 2. A. A center shall keep all current staff records on file on the premises and
have a procedure for the maintenance, security and disposition of records;
6.5. a. 2. B. 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;
6.5. a. 2. C. A center that operates at more than one ( 1) site may keep all staff
records at a central location.
6.5. b. Information Disclosure.
6.5. b. 1. A center shall keep all information about the child confidential and shall only
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disclose it to staff members caring for the child in accordance with the center s policies and procedures.
6.5. b. 2. A center shall obtain the written consent of the child' s parent before disclosing
information about the child, including photographs, audio or video recordings, or verbal statements about the child,
except when disclosing information to the Secretary or his or her designee.
§ 78-1-7. The Child and Family.
7.1. Admission, Discharge, Basic Rights and Records.
7.1. a. A center shall develop, implement and maintain an admission policy and procedure ensuring that
prior to the admission of the child to the center:
7.1. a. 1. The parent completes and submits an application for day care services;
7.1. a. 2. The director or designated staff member documents in the child s file, a meeting
with the parent to exchange information about the center s programs and the specific needs of the child, including
information about any individual characteristics and personality factors that may influence the child s behavior and well
being at the center, and any special family considerations that are relevant to day care;
7.1. a. 3. A center provides to the parent a copy of its statement of purpose and discusses it
with the parent;
7.1. a. 4. A center provides information about its liability insurance coverage; and
7.1. a. 5. A center informs the parent of the details of the agreements to be signed by the
parent, including, but not limited to, an agreement that:
7.1. a. 5. A. The center prohibits corporal punishment on its premises and during off-
site center activities while the child is participating;
7.1. a. 5. B. The parent has access to the center when his or her child is in attendance;
and
7.1. a. 5. C. The parent has received and discussed a copy of the center s policies on:
7.1. a. 5. C. 1. Behavior management and the reporting of child abuse and
neglect;
7.1. a. 5. C. 2. Immunization, parental objections to treatment, the dismissal and
readmittance to the center of the child with a communicable illness, procedures for notifying the child s parent in
advance of its policies on the exclusion and readmittance of ill children, procedures for informing the parent of each
child of the exclusion policy, and medication administration;
7.1. a. 5. C. 3. Confidentiality and information disclosure; and
7.1. a. 5. C. 4. Discharge policies.
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7.1. b. The center shall ensure the parent has access to a copy of this rule;
7.1. c. The center shall inform the parent of its requirements for signed permission prior to the child s
participation in field trips, water activities and other special activities; and
7.1. d. 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.
7.2. Discharge policies. A center shall develop, implement and maintain policies and procedures, including
criteria, for a child s discharge from the center:
7.2. a. When the parent withdraws the child from a center;
7.2. b. When a center asks a parent to remove his or her child; and
7.2. c. When a center informs the parent in advance of the request for discharge, except in cases of
emergencies or investigations related to child abuse and neglect.
7.3. Basic Rights. A center shall ensure that the child and the child s family have equal access to programs
regardless of race, religion, ethnicity, gender, ability, or sexual orientation.
7.4. Information About Child. For each child enrolled at a center, the center shall maintain a file in one central
location that includes the following current information:
7.4. a. The child s name, address, sex and date of birth;
7.4. b. The name of the child s parent, and the parent s home and work telephone numbers and addresses;
7.4. c. The names, addresses and telephone numbers of at least one ( 1) additional individual who can
assume responsibility if the center cannot locate the parent;
7.4. d. The names, addresses and telephone numbers of the child s sources of primary medical care and
emergency medical care;
7.4. e. The child s health insurance coverage and policy number;
7.4. f. A signed permission from the parent for emergency medical treatment and transportation;
7.4. g. A signed permission from the parent to take photographs or make audio or video recordings of the
child;
7.4. h. A signed permission to release the child to someone other than a custodial parent, with the names,
addresses and telephone numbers of the one person or several persons permitted to take the child from the center;
7.4. i. The legal verification when one ( 1) parent is the sole legal guardian of the child;
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7.4. j. Information and special instructions from the child s parent or licensed health care provider about
any special dietary or other needs because of a medical or other reason;
7.4. k. Health records as described in Subsection 15.1 of this rule;
7.4. l. The dates of enrollment and discharge;
7.4. m. Scheduled days and hours of attendance; and
7.4. n. The name and telephone number of the school-age child s school.
7.5. Information for emergency purposes. A center shall keep two ( 2) copies of the information in Subdivisions
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.
7.6. Exchanging information with the parent. The center shall develop a plan for ongoing communication with the
parent that includes a pre-admission meeting in which the center:
7.6. a. Discusses with the parent an oral or written system for exchanging information regularly about the
child including the child s health and any events at home or at the center that may influence the child s behavior and
well-being; and
7.6. b. Provides the parent opportunities to volunteer at the center, including:
7.6. b. 1. Assisting with program activities;
7.6. b. 2. Sharing in educational activities or special events; or
7.6. b. 3. Participating in program and policy development, including membership on the
governing body or parent advisory board, attendance at planning meetings, or the completion of questionnaires about
aspects of the center s operation and programs.
§ 78-1-8. Staffing.
8.1. Staff at a day care center who are subject to the requirements of this rule include volunteers and parents who
receive compensation for their duties and who are used by the center to meet staff/ child ratios.
8.2. Persons at a day care who are not subject to this rule include:
8.2. a. An adult who is in the center for brief periods in the normal course of carrying out business or
professional activities and is not left alone with the children; or
8.2. b. A parent of an enrolled child who is at the center only for the purpose of performing parental
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responsibilities in relation to his or her own child.
8.3. Staffing Procedures.
8.3. a. A center shall develop, implement and maintain policies relating to staff employment, termination,
use of uncompensated personnel, the statement of criminal record, the Child Maltreatment Record Search Release,
compensation, and periodic performance evaluations.
8.3. b. A center shall provide new staff members with a notification letter that includes their position title,
qualifications, duties and responsibilities at the time of hire.
8.3. c. A center shall conduct performance evaluations:
8.3. c. 1. On all staff at least once a year; and
8.3. c. 2. On all newly employed staff members and staff members new to their positions,
initially, at three ( 3) months, six ( 6) months, and twelve ( 12) months.
8.3. d. A center shall provide staff members a written copy of their evaluation, signed by the center director
and the evaluated staff member, and a continuing education plan based on the evaluation.
8.3. e. A center shall maintain a file for each staff member that includes:
8.3. e. 1. A current job description;
8.3. e. 2. Written references, including three ( 3) references for the center director and two
( 2) references for other staff members; and
8.3. e. 3. Records of employment, including a duplicate copy of all performance evaluations.
8.4. 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;
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8.4. a. 7. The ability to encourage children and to provide them with a variety of learning and
social experiences appropriate to the age of the children;
8.4. a. 8. The ability to support children s physical, emotional, psychological, social and
personal development; and
8.4. a. 9. The ability to communicate effectively and to respect confidentiality.
8.4. b. No person shall be on the premises or have contact with the children in care whose health or
behavior would harm the children, or who is under the influence of a controlled substance, including alcohol or a legal
pharmaceutical that impairs his or her functioning.
8.4. c. 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; and
8.4. 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; and
8.4. c. 4. A completed, signed, and dated Child Maltreatment Record Search Release.
8.4. d. A center does not require a criminal records check on the following:
8.4. d. 1. A new staff member who has on file at the center documentation of the required
criminal history investigations within the previous twelve ( 12) months; or
8.4. d. 2. An individual contracted to provide lessons or other services to the children while
center staff are present.
8.4. e. 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.
8.4. f. The Secretary may require a FBI check for any reason.
8.4. g. 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.
8.4. h. A center shall update the following reports in each staff member s file:
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8.4. h. 1. The Statement of Criminal Record every two ( 2) years; and
8.4. h. 2. The CIB report at least every five ( 5) years.
8.4. i. 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.
8.5. Hiring Prohibitions.
8.5. a. A center shall not employ or use an individual who is currently under indictment or charged with any
crime, is currently on parole or probation for a felony conviction, or has been convicted or entered a plea of guilty or no
contest to any of the following:
8.5. a. 1. A violent felony crime including, but not limited to, abduction, rape, sexual assault,
homicide, hate crimes, kidnaping, felonious physical assault or felonious battery;
8.5. a. 2. Child or adult abuse or neglect, or the exploitation of a child or an incapacitated
adult;
8.5. a. 3. Domestic violence or spousal abuse;
8.5. a. 4. Felony arson;
8.5. a. 5. A felony or misdemeanor crime against a child or incapacitated adult;
8.5. a. 6. Felony Driving Under the Influence ( DUI) or drug-related offenses within the last
ten ( 10) years;
8.5. a. 7. Neglect or abuse by a care giver; or
8.5. a. 8. Pornography and sexual offense crimes involving children or incapacitated adults,
including purchase or sale of a child, incest, sexual abuse or indecent exposure.
8.5. b. A center shall not employ or use an individual who has received a finding of maltreatment in any
child protective service record.
8.5. c. The Secretary may grant a waiver for a center to employ or use an individual who has entered a
plea of guilty or no contest, or been convicted of a felony, or two ( 2) or more misdemeanor crimes that are not listed in
Subdivision 8.5. a.
8.5. d. A center shall have policies and procedures that include protocols requiring:
8.5. d. 1. A staff member to report his or her criminal arrest, charge, indictment, or
conviction for a criminal offense to a center or the Secretary within twenty-four ( 24) hours;
8.5. d. 2. The center to notify the Secretary of the staff member s report within twenty-four
( 24) hours; and
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8.5. d. 3. That the center prohibit a staff member who is accused of having sexually abused
or otherwise injured a child from caring for or having contact with children pending the outcome of an investigation.
8.5. e. A center shall have staff policies and procedures regarding waivers that include procedures to follow
when an individual requests a waiver, including procedures for:
8.5. e. 1. Informing the staff member of the waiver process and time limit for requesting a
waiver;
8.5. e. 2. Providing a statement of support for the waiver request from the center director;
8.5. e. 3. Identifying the circumstances when a center will accept a waiver; and
8.5. e. 4. Ensuring that the staff member does not have contact with, or is removed from
contact with, the children until the Secretary reaches a decision on the waiver.
8.5. f. Prior to employing staff, a center shall have on file a recent health assessment signed by a licensed
health care provider that includes:
8.5. f. 1. A health history;
8.5. f. 2. A physical examination;
8.5. f. 3. A statement that the prospective staff member is physically and emotionally capable
of caring for children; and
8.5. f. 4. A tuberculosis screening by the Mantoux method that is repeated annually.
8.5. g. For staff currently employed, a center shall keep on file a health assessment that is updated every
two ( 2) years.
8.6. Staff Responsibilities, Qualifications and Training Requirements.
8.6. a. A center shall assign one ( 1) individual the responsibility for monitoring and implementing training
and maintaining training records.
8.6. b. A center shall require newly employed staff to meet training requirements, but may grant staff
currently employed in positions at the time of the effective date of this rule up to three ( 3) years to comply with the
education and training requirements of the position described in this rule, providing he or she remains in the same
position at the same center and is in the process of acquiring the required training. Exception: Staff currently employed
at the effective date of this rule, who have been employed continuously in a day care center position for the five ( 5)
years prior to the effective date of this rule, shall be considered to meet the qualifications of their position.
8.6. c. A center may offer an applicant for a lead teacher or teacher position conditional employment for a
period of up to six ( 6) months pending completion of the pre-service education and training requirements described in
this section.
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8.6. d. 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:
8.6. d. 1. Licensing, other regulatory requirements, and a center s administrative manual;
8.6. d. 2. Policies and staff duties;
8.6. d. 3. Policies and procedures for confidentiality and information disclosure, behavior
management, reporting child abuse and neglect, and emergencies;
8.6. d. 4. Policies and procedures for basic sanitation and infection control;
8.6. d. 5. Policies and procedures for safety, including prevention of injury both indoors and
outdoors, and fire safety, including the use of fire extinguishers;
8.6. d. 6. The statement of purpose and daily schedule, including the planned program of
activities, routines and transitions; and
8.6. d. 7. Communication at a center, including procedures to inform staff of any special
dietary or other needs of the children for whom they will be responsible.
8.6. e. A center shall document that orientation training was provided by having the staff member and
center director sign a statement acknowledging receiving orientation training and shall keep the statement in the staff
member s file.
8.6. f. A center shall ensure that staff members receive approved training in:
8.6. f. 1. Cardiopulmonary Resuscitation ( CPR) and First Aid. Prior to working in a summer
recreation camp program and within six ( 6) months of employment or use in all other programs, staff members shall
have current CPR certification appropriate to the age of the children in care and current child first aid training. Except in
the first year of employment or use, training in CPR is in addition to the requirement for annual professional
development.
8.6. f. 2. Medication Administration. Prior to administering medication, the qualified staff
member shall have training from an approved training source in medication administration. Training in medication
administration may be used to meet the requirement for annual professional development described in this Section.
8.6. f. 3. Abuse Recognition and Prevention. Prior to working in a summer recreation camp
program and within six ( 6) months of employment or use in all other center programs, 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.
8.6. f. 4. Annual Professional Development. Except when employed or used for a summer
recreation camp only, staff members shall have fifteen ( 15) hours of professional development training annually.
8.6. g. 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:
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8.6. g. 1. 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; and
8.6. g. 2. Co-signs with the director a statement which is kept in the staff member s file
acknowledging he or she received management training.
8.6. h. A center that operates or plans to operate programs for children twenty-four ( 24) months of age
and under shall meet the requirements in this Subdivision for staff training:
8.6. h. 1. 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.
8.6. h. 2. 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.
8.6. h. 3. In the first year of caring for children in this program, the approved training for the
qualified staff member related to the care of children twenty-four ( 24) months of age and under shall meet the
requirement for annual professional development described in this Section.
8.6. h. 4. For each year after the first year in the program, shall ensure that each qualified
staff member s fifteen ( 15) hours of annual professional development include a minimum of six ( 6) hours of approved
training related to the care of children in the program.
8.6. i. When a center operates a summer recreation camp:
8.6. i. 1. And only a summer recreation camp, a center shall ensure that, in addition to
meeting the requirements for a director in this rule, the director shall have knowledge of camp administrative practices
and at least one ( 1) season of leadership experience in a summer recreation camp or related activity; and
8.6. i. 2. In addition to other programs, a center shall ensure that the qualified staff member
responsible for the program has knowledge of camp administrative practices and at least one ( 1) season of leadership
experience in a summer recreation camp or related activity.
§ 78-1-9. Staff Responsibilities and Qualifications.
9.1. The Director shall:
9.1. a. Manage the daily operations of the center, including administering finances and human resources;
9.1. b. Supervise the teaching staff and the daily activities of support staff who provide services to the
center and conduct a staff meeting at least once a month;
9.1. c. Make curricular decisions and plans and supervise all aspects of the children s program;
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9.1. d. Communicate with staff members, children, parents, and the public;
9.1. e. Communicate with the Department and regulatory agencies to ensure compliance with all
requirements;
9.1. f. Keep a record of any hours and days he or she has regular responsibility for an assigned group of
children in a Type I or a Type II center;
9.1. g. Not have regular responsibility for an assigned group of children in a Type III center;
9.1. h. Have the following qualifications:
9.1. h. 1. Be at least twenty-one ( 21) years of age, have a minimum of a high school diploma
or equivalent, and;
9.1. h. 2. In a Type I center, have a minimum of:
9.1. h. 2. A. A CDA credential and three hundred ( 300) hours of relevant work
experience working with young children or twelve ( 12) college credits in an early care and education field and three
hundred ( 300) hours of relevant work experience working with young children; or
9.1. h. 2. B. A total of ten ( 10) years of relevant work experience;
9.1. h. 3. In a Type II center, have a minimum of:
9.1. h. 3. A. A registered Apprenticeship Certificate for Child Development Specialist;
9.1. h. 3. B. Twenty-eight ( 28) college credits, with at least nine ( 9) credit hours in
early childhood development; or
9.1. h. 3. C. Fifteen ( 15) years of relevant work experience.
9.1. h. 4. In a Type III center, have a minimum of:
9.1. h. 4. A. An associate s degree in early care and education;
9.1. h. 4. B. A degree in a related field with 12 ( twelve) credit hours in early childhood
development and ninety ( 90) practicum contact hours; or
9.1. h. 4. C. A degree in a related field and a total of two ( 2) years of relevant work
experience; and
9.1. i. Designate a person-in-charge to perform the duties of the director during all hours of operation when
the director is not present at the center. The person-in-charge shall be a qualified staff member.
9.2. Assistant Director or Lead Teacher.
9.2. a. The duties and role of assistant director or lead teacher may be shared by the director and a
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teacher.
9.2. b. The assistant or lead teacher may have responsibility for the supervision, care and education of
children and may be regularly assigned to a group of children.
9.2. c. The assistant or lead teacher shall:
9.2. c. 1. Plan and adopt programming that conforms to the core competencies of early
childhood educators in Appendix 78-1 A of this rule and may implement daily program activities;
9.2. c. 2. Coordinate the activities of teachers, assistant teachers, teaching assistants, and
assist the director with designated activities;
9.2. c. 3. Be at least twenty-one ( 21) years of age and have a minimum of one ( 1) year of
relevant work experience and one of the following additional qualifications:
9.2. c. 3. A. A CDA credential and three hundred ( 300) hours of relevant work
experience working with young children or twelve ( 12) college credits in an early care and education field and three
hundred ( 300) hours of relevant work experience working with young children;
9.2. c. 3. B. A total of two ( 2) years of relevant work experience;
9.2. c. 3. C. A registered Apprenticeship Certificate for Child Development Specialist,
or twenty-eight ( 28) college credits, with at least nine ( 9) credit hours in early childhood development.
9.3. A Teacher shall:
9.3. a. Have responsibility for the supervision, care and education of children and be regularly assigned to a
group of children;
9.3. b. Practice the core competencies of early childhood educators in Appendix 78-1 A of this rule, and
plan and implement daily program activities;
9.3. c. Coordinate the activities of assistant teachers and teaching assistants, and may assist the director,
assistant director or lead teacher with designated activities; and
9.3. d. Be at least eighteen ( 18) years of age and have a minimum of one ( 1) year of relevant work
experience and have one of the following additional qualifications:
9.3. d. 1. A West Virginia Training Certificate in Early Care and Education ( WVTCECE) or
its equivalent;
9.3. d. 2. A CDA credential and three hundred ( 300) hours of relevant work experience
working with young children or twelve ( 12) college credits in an early care and education field and three hundred ( 300)
hours of relevant work experience working with young children; or
9.3. d. 3. A total of two ( 2) years of relevant work experience.
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9.4. Assistant Teacher. An assistant teacher shall:
9.4. a. Practice the core competencies of early childhood educators in Appendix 78-1 A of this rule;
9.4. b. Work with young children with guidance from a qualified staff member who qualifies, at a minimum,
as a teacher;
9.4. c. Coordinate daily activities and supervise teaching assistants in the absence of the teacher; and
9.4. d. Have the following qualifications:
9.4. d. 1. Be at least eighteen ( 18) years of age and have a minimum of one ( 1) year of
relevant work experience;
9.4. d. 2. Have a high school diploma or a GED; and
9.4. d. 3. Have a West Virginia Training Certificate in Early Care and Education
( WVTCECE) or its equivalent.
9.5. Teaching Assistant. A teaching assistant shall:
9.5. a. Assist other qualified staff members with the care and education of the child, but shall not have
responsibility for a group of children;
9.5. b. Work under the continuous supervision of a qualified staff member who qualifies, at a minimum, as
an assistant teacher; and
9.5. c. Have the following qualifications:
9.5. c. 1. Be at least eighteen ( 18) years of age;
9.5. c. 2. Have a high school diploma or GED; and
9.5. c. 3. Be enrolled in the WVTCECE program or its equivalent.
9.6. Teen Aide. A teen aide shall:
9.6. a. Be at least two ( 2) years older than the oldest child in the group with whom he or she is working;
and
9.6. b. Not be left alone with a child other than his or her own child.
9.7. Student Intern. A center that uses student interns shall ensure that:
9.7. a. The student intern fulfills the requirements of an educational or training program;
9.7. b. The student intern performs duties under the direct supervision of a qualified staff member who has
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at least the qualifications of an assistant teacher;
9.7. c. The student intern receives periodic supervision from the educational or training program teacher-
coordinator;
9.7. d. The student intern is not left alone with a child other than his or her own child; and
9.7. e. A copy of the student intern s training plan and training agreement developed jointly by the
educational or training institution and the center are on file at the center.
9.8. Substitute. The center shall ensure that a substitute does not have sole responsibility for a group of children
and works under the continuous supervision of, at a minimum, an assistant teacher.
9.9. Support Staff. The center shall ensure that support staff have appropriate qualifications for providing
services to the center and meet the general and health requirements set forth in this rule.
9.10. Volunteer. The center shall ensure that prior to providing a direct service to the center, a volunteer:
9.10. a. Is not less than eighteen ( 18) years of age;
9.10. b. Receives direct supervision from a qualified staff member who is not less than twenty-one ( 21)
years of age; and
9.10. c. Is not left alone with a child other than his or her own child.
§ 78-1-10. Supervision of Children in Groups.
10.1. A center shall ensure that:
10.1. a. The children have adequate supervision at all times;
10.1. b. Staff members are awake and performing their duties during work hours;
10.1. c. When a play area is used that is accessible to the public, the boundaries of the play area are clearly
marked and known to the children;
10.1. d. The children remain in areas approved for daily program activities and do not go into other areas
including the kitchen, unless it is part of the planned, supervised experiences;
10.2. Children shall be assigned to distinct groups according to the following:
10.2. a. Each group shall be assigned a room or area of a room as a home base, even if the group moves
to other areas, inside and outside a center, for daily activities;
10.2. b. When more than one ( 1) group of children up to school-age uses the same room, a center shall
divide the room into a designated activity area for each group;
10.2. c. A center shall separate indoor areas regularly occupied by older children from children twenty-four
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( 24) months of age and under; and
10.2. d. 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 ( 5) years of age and younger. For short periods of time such as when
children are arriving and departing, for scheduled activities such as eating and napping, and for special occasions,
including field trips, a center may combine school-age groups of children and children five ( 5) years of age and under.
10.3. Staff/ Child Ratios.
10.3. a. When children are on the premises, a center shall ensure that at least two ( 2) staff members are on
duty at all times.
10.3. b. When only one ( 1) qualified staff person is required to meet ratios at the beginning and end of the
day, the second staff member may be a support staff member who is readily available in case of emergencies. A center
shall ensure that while children are on the premises, the qualified staff member has completed a course in child first aid
and has current certification in CPR appropriate to the age of the children in care.
10.3. c. 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/ child ratios required under this rule. When groups are combined, a center
shall continue to maintain the staff/ child ratios required under this rule.
10.3. d. When more than one ( 1) qualified staff member is assigned to a group, a center shall designate one
( 1) qualified staff member as group leader with responsibility for planning the activities of the group to ensure that each
child in the group receives developmentally appropriate care and adequate supervision on a day-to-day basis.
10.3. e. When only one ( 1) qualified staff member is assigned to a group, a center shall have a written plan,
enabling the qualified staff member to call a second staff member for help without leaving the group.
10.3. f. In determining and maintaining the staff/ child ratio, a center shall not include any qualified staff
member who is performing other duties such as cooking, bookkeeping, or life-guarding; or another individual with
designated responsibility for a special activity; or a support staff member who is not directly working with the children
except in an emergency situation when staff may be reassigned to supervise the children.
10.3. g. In determining and maintaining the staff/ child ratio, a center shall have a plan to ensure that a
qualified substitute is available if needed and is available when a staff person is absent for longer than a continuous two
( 2) week period.
10.4. A center shall group children and consider their ages when determining the staff/ child ratio as follows:
10.4. a. A center shall count each child twelve ( 12) years of age and under who is present and being cared
for in the day care center, including a child of the director or a staff member, and shall not consider a teen aide to be a
child;
10.4. b. When children are at the center, the center may use either a single age grouping or a mixed-age
combination to calculate the ratio according to the following:
10.4. b. 1. For each single-age group at a center, the center shall maintain the staff/ child ratio
and group size described in Table A of Appendix 78-1 G of this rule;
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10.4. b. 2. For each mixed age group at a center, the center shall maintain the staff/ child ratio
and group size described in Table A of Appendix 78-1 G of this rule for the youngest child in the group; and
10.4. b. 3. When providing evening and nighttime care a center shall maintain the staff/ child
ratio and group size described in Table A of Appendix 78-1 G of this rule. In addition a center shall ensure that:
10.4. b. 3. A. One ( 1) qualified staff member supervises a maximum of eight ( 8)
children;
10.4. b. 3. B. At least one ( 1) qualified staff member is in each room visually
supervising the children at all times and checking at least hourly on each sleeping child; and
10.4. b. 3. C. Each qualified staff member required to meet the staff/ child ratio is on
the premises and within calling distance of the rooms occupied by the children; and
10.4. c. Exceptions to the staff/ child ratio are:
10.4. c. 1. During nap time:
10.4. c. 1. A. For groups of children twelve ( 12) months of age and under, a center
shall ensure that each qualified staff member required to meet the staff/ child ratio described in Table A of Appendix 78
1 G of this rule, is present in the nap area and able to see and hear all of the children at all times;
10.4. c. 1. B. For groups of children over twelve ( 12) months of age who participate
in a nap-time program, a center shall ensure that at least one ( 1) qualified staff member is in each area visually
supervising the children and each qualified staff member required to meet the staff/ child ratio is on the premises and
within calling distance of the areas occupied by the children.
10.4. c. 2. During activities away from a center including:
10.4. c. 2. A. Water activities.
10.4. c. 2. A. 1. When a child is participating in a Level I or Level II water
activity, except a swimming lesson with a qualified instructor, a center shall maintain staff/ child ratios described in Table
B of Appendix 78-1 G of this rule; and
10.4. c. 2. A. 2. When two ( 2) or more children twenty-four ( 24) months of age
and under are participating in a Level I or Level II water activity in a mixed age group, except a swimming lesson with a
qualified instructor, the center shall ensure that at least two ( 2) qualified staff members are present;
10.4. c. 2. B. Field Trips.
10.4. c. 2. B. 1. A center shall ensure that when a child is participating in a field
trip, at least two ( 2) qualified staff members are present at all times; and
10.4. c. 2. C. At all times when transporting a child, a center shall ensure that no child
is unattended in a vehicle, and a center shall maintain the staff/ child ratio described in Table A of Appendix 78-1 G of
this rule and not include the driver in the staff/ child ratio.
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§ 78-1-11. Supervision of the Individual Child .
11.1. Guidance, Behavior Management, and Discipline. A center shall:
11.1. a. Develop, implement and maintain policies and procedures for behavior management that include
the prohibitions described in Subsection 11.4. of this rule;
11.1. b. 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;
11.1. c. Ensure that staff members are aware of behavior issues relating to an individual child, and treat
behavior problems individually and in private;
11.1. d. Delegate behavior management to qualified staff members who have an ongoing relationship with a
child; and
11.1. e. Ensure that when it appears that a child is developing a pattern of unacceptable behavior, the staff
member with the delegated responsibility for the child discusses the child s behavior in private with the director and
informs the child s parent.
11.2. Guidance. At all times, staff members are responsible for providing positive guidance that is appropriate to
each child s age, understanding and circumstances. Staff members shall:
11.2. a. Teach by example;
11.2. b. Recognize and encourage acceptable behavior;
11.2. c. Make eye contact with the child and kneel or sit beside the child whenever possible when speaking
to the child;
11.2. d. Supervise with kindness, understanding and firmness;
11.2. e. 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;
11.2. f. Help a child develop self control to assume responsibility for his or her own actions;
11.2. g. Guide a child s activities in an orderly manner;
11.2. h. Prepare a child for his or her next activity a few minutes ahead of time, and allow the child a brief
transition time before beginning the new activity;
11.2. i. Help a child avoid long waiting periods when the child has nothing to do by ensuring that the
environment includes materials that hold his or her attention; and
11.2. j. Help a child feel successful at tasks and provide options if chosen tasks prove to be too difficult.
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11.3. Behavior Management and Discipline. When a behavior problem arises, qualified staff members shall:
11.3. a. Redirect the child to alternative behavior or other activities;
11.3. b. Encourage the child to control his or her own behavior, cooperate with others and solve problems
by talking things out;
11.3. c. Speak so that the child understands that feelings are acceptable, but inappropriate behaviors and
actions are not;
11.3. d. 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;
11.3. e. 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;
11.3. f. Maintain perspective about the minor misbehavior of the school-age child and recognize that every
infraction does not warrant staff attention or intervention; and
11.3. g. 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.
11.4. Handling Behavior Problems. Staff members and other adults at a center shall not handle behavior
problems by:
11.4. a. Subjecting a child to physical punishment of any kind, including, but not limited to, shaking, striking,
spanking, swatting, thumping, pinching, popping, shoving, spitting, biting, hair pulling, yanking, slamming, excessive
exercise or any cruel treatment that may cause pain;
11.4. b. Putting anything in or on a child s mouth as punishment;
11.4. c. 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;
11.4. d. 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;
11.4. e. Using harsh or profane language, or actual or implied threats of physical punishment;
11.4. f. Punishing or threatening a child in association with food, rest or toilet training;
11.4. g. Isolating a child without supervision or placing the child in a dark area such as a box, closet or
similar confined space;
11.4. h. Permitting a child to discipline other children;
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11.4. i. Punishing an entire group for the actions of a few children; or
11.4. j. Seeking or accepting parental permission to use physical punishment or other actions prohibited by
this rule.
11.5. Difficult Behavior Plan. When a child s behavior problems continue over time, the director and staff
member with delegated responsibility shall develop and implement a plan for managing the difficult behavior. The
director shall ensure that:
11.5. a. 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;
11.5. b. 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
11.5. c. 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.
11.6. Abuse and Neglect. A center shall develop, implement and maintain policies and procedures for the
reporting of child abuse and neglect that include:
11.6. a. The definition of child abuse and neglect;
11.6. b. The requirement to report immediately, 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
11.6. c. A statement posted at the center in clear public view stating that the center reports suspected child
abuse and neglect to Child Protective Services.
11.7. Informing Staff about Behavior Management and Reporting Procedures. The center shall inform staff about
behavior management procedures and child abuse and neglect reporting by:
11.7. a. Providing each staff member a copy of its policies on behavior management and the reporting of
child abuse and neglect, and providing revised policies when changes occur;
11.7. b. Obtaining a signed and dated acknowledgment that the staff member has read and understands the
policies or revised policies; and
11.7. c. Placing the signed acknowledgment statement in the staff member s file.
11.8. Informing Parents about Behavior Management and Reporting Procedures. At the time of a child s
admission a center shall inform parents about the center s behavior management procedures and child abuse and
neglect reporting requirements by:
11.8. a. 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
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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
11.8. c. Placing the signed statement in the child s file for as long as the child is enrolled.
§ 78-1-12. Space Requirement.
12.1. Licensed Capacity. A center shall ensure that at all times the maximum number of children participating in
activities on or off the premises does not exceed the licensed capacity determined by the separately computed area of
indoor space, outdoor space and bathroom facilities, not to exceed the lowest number of the three ( 3) computations.
12.2. Indoor Space.
12.2. a. A center shall provide a minimum of thirty-five ( 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 child s use inaccessible to the children.
12.2. b. Indoor space for daily program activities does not include any space that is not available for a
child s activities including space occupied by columns, vestibules and corridors; fire escapes; areas used exclusively for
eating or napping; bathrooms; staff lounges; adult work areas including offices, laundry and furnace rooms; kitchens;
permanently equipped isolation areas; storage spaces; and areas occupied by furniture except for areas that have:
12.2. b. 1. Children s chairs and tables;
12.2. b. 2. Adult sized comfortable chairs or a couch;
12.2 b. 3. Moveable play equipment and shelves for children s activities; or
12.2. b. 4. A surface for changing diapers.
12.2. c. A center shall not provide activity space in a basement area unless the basement area is approved
by the State Fire Marshal.
12.2. d. When a center operates a summer recreation camp program that provides outdoor activities for six
( 6) or more hours each day, the center shall provide at least ten ( 10) square feet of useable indoor activity space per
child inside or provide a covered permanent structure that has the required activity space.
12.3. Outdoor Space.
12.3. a. A center shall provide an outdoor play area that includes a minimum of seventy-five ( 75) square
feet of space per child, or if the outdoor play area has less than that a center shall:
12.3. a. 1. Establish an outdoor play schedule for rotating groups of children to meet the
minimum space requirement and to ensure that each child has an opportunity to play outdoors each day; and
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12.3. a. 2. Submit to the Secretary for his or her approval a copy of the current outdoor play
schedule and shall use the outdoor space only after receiving the Secretary s written approval that shall be displayed at
the center for public view.
12.3. b. A center shall:
12.3. b. 1. Provide an outdoor play area that is on its premises or immediately adjacent to its
premises; or
12.3. b. 2. When neither of the options in Paragraph 12.3. b. 1. of this rule is possible, shall
submit a plan for the Secretary s approval for alternate outdoor play space to meet the children s outdoor activities
requirement and shall use the outdoor space only after receiving the Secretary s written approval.
12.3. c. When a center operates a summer recreation camp program, the center shall submit a plan for the
Secretary s approval for outdoor play space to meet the children s outdoor activities requirement and shall use the
outdoor space only after receiving the Secretary s written approval.
12.4. Bathrooms.
12.4. a. The center shall provide one ( 1) flush toilet and one ( 1) lavatory per fifteen ( 15) children, excluding
children in diapers who are not receiving toilet training.
12.4. b. When a center operates a summer recreation camp program that provides outdoor activities for six
( 6) or more hours each day, if the center receives written approval from the local health department, the center may use
a commercial portable toilet and warm water, soap, paper towels, rinse water and a pit or other method for disposing
of waste water.
§ 78-1-13. Furnishings, Equipment and Materials .
13.1. General Requirements. A center shall provide furnishings, equipment and materials that:
13.1. a. Are available in sufficient quantity for the number of children;
13.1. b. Are appropriate in type, arrangement and use for the developmental needs of the children;
13.1. c. Are durable and safe;
13.1 d. 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;
13.1. e. Are regularly cleaned and disinfected;
13.1. f. Are evaluated at regular intervals by the director and teacher to ensure their ongoing
appropriateness for the age and number of children; and
13.1. g. Support the children s linguistic and intellectual development, and assist in providing for their
physical, emotional, psychological, social and personal needs.
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13.2. Specific furnishings shall include:
13.2. a. Children s chairs and tables that are multipurpose and not stationary;
13.2. b. Moveable play equipment;
13.2. c. Open shelves for play equipment for children s daily activities; and
13.2. d. Sleeping equipment as required in this rule.
13.3. Furnishings for Centers with Children Twenty-Four ( 24) Months of Age and Under. In centers that enroll
children twenty-four ( 24) months of age and under, or children that cannot function independently, a center s furnishings
shall include:
13.3. a. Adult-sized comfortable chairs and a table or other surface for changing diapers that has raised
sides or other features that prevent the child from falling and that are located in an area that is removed from the
activities of the other children;
13.3. b. Furniture that is child-sized or adapted for children, but jumpers and infant walkers are prohibited;
and
13.3. c. Feeding equipment that is appropriate and sufficient for the children s sizes, ages, and numbers
served. When feeding equipment is a high chair, the chair shall have a wide base and a T-shaped safety strap.
13.4. Sleeping Equipment. A center s sleeping equipment:
13.4. a. For children who participate in a nap-time program shall include:
13.4. a. 1. One ( 1) crib or playpen with a mattress for each child twelve ( 12) months of age
and under or who is up to thirty-five ( 35) inches tall;
13.4. a. 2. One ( 1) crib, playpen with mattress, mat or cot for each child between thirteen
( 13) and twenty-four ( 24) months of age; and
13.4. a. 3. One ( 1) mat, cot, or bed for each child over twenty-five ( 25) months of age;
13.4. b. For evening and nighttime programs shall not include mats as sleeping equipment;
13.4. c. For the care of an ill child shall include at least one ( 1) disinfected cot;
13.4. d. Shall be cleaned and disinfected at least once a week before another child uses it, or immediately
after it is soiled;
13.4. e. Includes the following specifications for cribs and playpens:
13.4. e. 1. The distance between the slats, side and end panels of the crib or playpen shall be
not more than two ( 2) and three-eighths ( 3/ 8) inches;
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13.4. e. 2. The mattress shall fit the crib snugly with no more than one ( 1) inch between it
and the crib;
13.4. e. 3. The crib shall be sturdy and non-collapsible;
13.4. e. 4. The height from the top of the mattress at its lowest point to the top of the crib rail
shall be at least twenty-six ( 26) inches;
13.4. e. 5. The crib drop-side latch shall hold the side securely in the raised position, be out
of the reach of the child in the crib, and be up when the crib is in use;
13.4. e. 6. There shall be no corner-post extensions over one sixteenth ( 1/ 16) inch or
decorative cutout areas in the end panels of the crib, that could entrap the child s head or catch on clothing; and
13.4. e. 7. The crib mattress shall be at least four ( 4) inches thick, the playpen pad shall be
at least one ( 1) inch thick, and each mattress or pad shall have a form-fitting cover that is durable and able to be easily
disinfected;
13.4. f. Includes the following specifications for mats:
13.4. f. 1. They shall be at least two ( 2) inches thick; and
13.4. f. 2. They shall have form-fitting covers that are durable, waterproof and able to be
easily disinfected;
13.4. g. Includes the following specifications for cots:
13.4. g. 1. The bottom of the cot s sleeping surface shall not be less than three ( 3) inches and
not more than eighteen ( 18) inches off the floor;
13.4. g. 2. The cot shall be firm enough to support the child;
13.4. g. 3. The cot shall be of sufficient size to comfortably accommodate the size and weight
of the child; and
13.4. g. 4. The cot shall be constructed of a material that can be easily disinfected.
13.4. h. Shall not permit children to:
13.4. h. 1. Sleep on the floor;
13.4. h. 2. Sleep on the floor in a sleeping bag or on bed linens alone;
13.4. h. 3. Sleep in a stacked crib or consecutively attached crib;
13.4. h. 4. Share a bed or cot, even with a family member; or
13.4. h. 5. Use a crib if they are over thirty-five ( 35) inches tall.
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13.4. i. Includes the following specifications for bedding:
13.4. i. 1. Mattresses, playpen pads or cots shall be waterproof or have a waterproof cover;
13.4. i. 2. Bedding, including sheets and blankets, shall be clean and in good condition;
13.4. i. 3. Bedding shall not be used by more than one child at a time;
13.4. i. 4. Bedding shall be used to cover all sleeping surfaces before being used;
13.4. i. 5. Seasonally appropriate covers shall be used, sufficient to maintain adequate
warmth;
13.4. i. 6. Pillows or soft, fluffy bedding shall not be used for the child twelve ( 12) months of
age and under;
13.4. i. 7. Pillows or soft, fluffy bedding made of substances of animal origin other than wool,
including feathers and animal hair, that commonly cause allergic reactions, shall be prohibited; and
13.4. i. 8. A center change bedding when soiled, prior to use by another child and at least
weekly, except sheets on cribs that shall be changed at least daily.
13.4. j. Includes the following requirements when providing evening or nighttime care:
13.4. j. 1. Each cot or bed shall have a pillow, pillow case and two ( 2) sheets; and
13.4. j. 2. When the sleeping surface is a mattress, the bottom sheet shall be secure.
13.5. Indoor Activity Equipment and Materials. A center shall provide equipment and materials for indoor
activities that:
13.5. a. Are appropriate to the child s age and developmental level;
13.5. b. Support many types of activities, including social and fantasy play; exploration and mastery of skills
and language; music, art and movement; and gross motor experiences as described in Appendix 78-1 B of this rule;
13.5. c. Are available in sufficient quantity to permit each child to choose from among several of each type,
to allow for sharing and prevent conflict, and to allow staff to keep reserves for rotation;
13.5. d. Represent diverse cultures, ethnic groups, gender roles and abilities in ways that do not reinforce
stereotypes;
13.5. e. Are clearly organized within activity areas that support programming goals and allow for adequate
supervision;
13.5. f. Are complete, sturdy, clean and in good working condition;
13.5. g. Are lead-free and otherwise nontoxic; and
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13.5. h. Maximize safety by ensuring that:
13.5. h. 1. Indoor play equipment, shelves, and large objects, such as televisions and
computer monitors, are firmly anchored;
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;
13.5. h. 3. Small objects, toys and toy parts that have diameters of less than one ( 1) and one
quarter ( 1/ 4) inch that can be swallowed are not accessible to children less than four ( 4) years of age; and
13.5. h. 4. Plastic bags and styrofoam objects are not accessible to the child less than four
( 4) years of age, and that balloons are completely prohibited.
13.6. Outdoor Activity Equipment and Materials. A center shall provide equipment and materials for outdoor
activities that:
13.6. a. Are appropriate to the child s age and developmental level;
13.6. b. Support many types of experiences as listed in Appendix 78-1 B of this rule;
13.6. c. Are available to the child in sufficient quantity to permit each child to choose at least two ( 2) types
of outdoor play experiences and to allow for sharing and prevent conflict;
13.6. d. When a child is not ambulatory, are appropriate for outings, such as a stroller or carriage; and
13.6. e. Maximize safety by ensuring that:
13.6. e. 1. All outdoor equipment is installed, maintained and used in accordance with the
manufacturer s instructions;
13.6. e. 2. The position of the outdoor equipment prevents hazards from conflicting activities;
13.6. e. 3. The use zones are free of obstacles, except for the support structures for the
swings;
13.6. e. 4. The supports for climbers, swings, and other heavy equipment are securely
anchored so that they pose no threat to the children s safety, even when the equipment is designed to be portable;
13.6. e. 5. Each swing frame for the child 24 ( twenty-four) months of age and under has a
maximum of two ( 2) seats;
13.6. e. 6. Metal equipment is in the shade, if at all possible;
13.6. e. 7. When the center has a sand box, that the box permits drainage, is covered when
not in use, and that the sand does not contain toxic or other harmful materials and is free of animal excrement and other
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debris; and
13.6. e. 8. The outdoor area is free of wading pools and other equipment that might hold
water and pose a drowning hazard to the child.
13.7. Storage of Equipment, Materials and Supplies. A center shall provide storage for equipment, materials and
supplies that includes:
13.7. a. A low, open shelf for activity items so that children may select, remove and replace items
independently;
13.7. b. A container, shelf, or cupboard that is inaccessible to children but permits staff to reach supplies,
such as clean diapers, without leaving a child unattended;
13.7. c. A closet when used that is accessible to children and has a latch with an internal release so that the
door can be opened by a child inside the closet; and
13.7. d. Separate storage areas for each child s personal belongings, including appropriate safe storage for
the school-age child s money and ongoing projects.
§ 78-1-14. Program.
14.1. For each program offered, a center shall prepare and follow a written daily schedule that:
14.1. a. Reflects the goals and objectives set out in the statement of purpose;
14.1. b. Is based on knowledge of child development and learning, and on the needs of the enrolled
children;
14.1. c. When necessary to accommodate the needs of a child, follows a written individualized plan,
developed with advice from a variety of professional sources, including, but not limited to, an early intervention
specialist or a licensed health care provider; and
14.1. d. Is posted in clear, public view.
14.2. A center shall ensure that each program includes flexible program activities that:
14.2. a. Are appropriate to a child s age and developmental level;
14.2. b. Include an appropriate balance of:
14.2. b. 1. Indoor and outdoor activities;
14.2. b. 2. Activities that use both large and small muscles;
14.2. b. 3. Quiet and active play periods;
14.2. b. 4. Active and passive learning experiences;
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14.2. b. 5. Individual and several types of group activities; and
14.2. b. 6. Teacher-initiated and child-initiated activities;
14.2. c. Provide opportunities for a child to choose from among several possible activities, or choose not to
participate in structured activities at certain times of the day;
14.2. d. Provide a variety of social experiences through grouping arrangements, including mixed-age
experiences, that take into account each child s level of maturity;
14.2. e. Include routines at regularly scheduled times, such as sleeping, eating, dressing, toileting, hygiene
and diapering;
14.2. f. 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;
14.2. g. Provide a child with the freedom to get a drink of water or go to the toilet as he or she feels the
need, in keeping with the requirements of this rule; and
14.2. h. Respect cultural diversity and incorporate aspects of a child s culture, including his or her language,
traditional food and celebrations.
14.3. A center shall ensure that each program follows guidelines for:
14.3. a. Sleeping routines. A center shall:
14.3. a. 1. Provide a designated area where a child can sit quietly or lie down to rest;
14.3. a. 2. Ensure that a child twenty-four ( 24) months of age and under is able to nap
according to his or her developmental needs;
14.3. a. 3. Ensure that the schedule for a child between twenty-five ( 25) months of age and
school-age who is in care for more than four ( 4) daytime hours includes a regular nap period of at least one ( 1) hour
each day for the child who sleeps, an opportunity for rest and quiet play for the child who is unable to sleep during the
nap period, and a regular nap period for the school-age child who needs it; and
14.3. a. 4. Ensure that staff members initially place the child six ( 6) 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;
14.3. b. Brushing Teeth. A center shall provide appropriate opportunities for the children in care to have
supervised practice of brushing teeth; and
14.3. c. Outdoor Activity. When a child is in care for more than four ( 4) daytime hours, weather and
circumstances permitting, a center shall provide a minimum of one ( 1) hour of outdoor activity daily, on days when the
temperature is forty ( 40) degrees Fahrenheit or more, and may provide outdoor activity on other days, as appropriate.
14.4. For children twenty-four ( 24) months of age and under, a center shall follow these additional daily program
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requirements:
14.4. a. Beginning with the pre-admission meeting between the director or designated staff member and the
parent, a center shall work with a child s parent to prepare a written schedule that:
14.4. a. 1. Respects a child s normal pattern of activities, sleeping and eating;
14.4. a. 2. Is consistent with a child s needs and capabilities;
14.4. a. 3. Provides a child with opportunities to interact with staff members, participate in
program activities, be outdoors daily as appropriate, and be diapered or toileted as needed; and
14.4. a. 4. Identifies qualified staff who will primarily care for the child.
14.4. b. A center shall ensure that the schedule is available for reference in the child s program area.
14.4. c. A center shall ensure that qualified staff members:
14.4. c. 1. Evaluate and modify the schedule on a frequent and regular basis, according to
the child s developmental needs and in consultation with the child s parent;
14.4. c. 2. For each child twelve ( 12) months of age and under, prepare a written daily
report with information about a child s activities in the following areas:
14.4. c. 2. A. Food intake;
14.4. c. 2. B. Sleeping patterns;
14.4. c. 2. C. Bowel movements;
14.4. c. 2. D. Developmental milestones, such as sitting and crawling; and
14.4. c. 2. E. Unusual events.
14.5. Staffing Pattern. A center shall arrange its staffing pattern so that each child has a primary care giver who is
a qualified staff member. Staff members shall interact personally with the infant, toddler, and child under school age by:
14.5. a. Holding, rocking and playing whenever possible, including while bathing, dressing and carrying the
child;
14.5. b. Encouraging positive communication and language development by making eye-to-eye contact
with the child, singing, talking, reacting to the child s sounds, naming objects, reading stories and playing musical games;
14.5. c. Paying attention to crying and meeting the immediate needs of the child;
14.5. d. Ensuring that no child is routinely left in a crib or playpen, except for sleep or rest; and
14.5. e. Providing a child who is awake play equipment and opportunities to play freely on a clean, safe
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floor.
14.6. For school-age children, a center shall follow these additional daily program requirements:
14.6. a. A center shall post a daily schedule of activities that reflects the time of day and the number of
hours that it provides care before school, after school, and on days when school is closed;
14.6. b. A center shall ensure that the program described in the daily schedule meets the requirements of
Subsection 14.1 of this Section, includes activities that reflect a school age child s interests and skills, and provides
opportunities for the child to:
14.6. b. 1. Be involved in activity planning, including his or her own;
14.6. b. 2. Complete homework and work on projects or hobbies;
14.6. b. 3. Be involved with children of the same age;
14.6. b. 4. Join in group play and community activities; and
14.6. c. A center shall ensure that staff members in school age programs have the skills and training to
respond to the needs of the older child and recognize that interactions with the school age child differ significantly from
interactions with the younger child. The staff members shall:
14.6. c. 1. Actively seek meaningful conversations with a child and talk about events of
importance and mutual interest;
14.6. c. 2. Be available and responsive to a child, listen with attention and respect, and
encourage the child to share experiences, ideas and feelings;
14.6. c. 3. Help a child develop problem-solving skills by describing problems and
encouraging him or her to evaluate the situation;
14.6. c. 4. Facilitate rather than instruct by offering suggestions, providing positive
reinforcement, and encouraging efforts, and recognizing accomplishments; and
14.6. c. 5. Have developmentally appropriate expectations of a child s social behavior.
14.7. Summer Recreation Camp. A center operating a summer recreation camp shall follow these
guidelines:
14.7. a. Other than the requirements in Subsection 14.1 of this rule, a center shall ensure that the daily
schedule provides for outdoor or off-site activities a majority of the time;
14.7. b. Other than the requirements of Subdivision 14.7. c. of this rule, a center may from time to time
schedule an occasional overnight activity;
14.7. c. When a center that operates a summer recreation camp program schedules an overnight activity,
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the center shall provide a mat, cot or bed for each child; and
14.7. d. When a center provides evening or night time care, the center shall:
14.7. d. 1. Plan a program that respects the normal sleeping periods, and evening and
morning routines of the child;
14.7. d. 2. Establish and post a schedule for the child in consultation with the child' s parent
that provides for:
14.7. d. 2. A. Quiet activities before bedtime and opportunities for the older child to
complete homework or work on projects or hobbies;
14.7. d. 2. B. Meals and snacks;
14.7. d. 2. C. Routine preparations for bed; and
14.7. d. 2. D. Dressing in the morning, when applicable.
14.7. d. 3. Ensure that no child remains in care for more than eighteen ( 18) hours in a
twenty-four ( 24) hour period;
14.7. d. 4. Ask the parent to provide for the child s personal use a clean, comfortable,
nonflammable or flame retardant sleeping garment and other personal items, such as a comb or brush, and label the
child s personal use items; and
14.7. d. 5. Ensure that staff members supervise a child s bath or individual shower,
respecting the child s privacy according to the child s developmental needs.
14.8. Active Media. When a center plans an activity that involves active media, the center shall ensure that:
14.8. a. The active media supplements but does not replace traditional early childhood materials;
14.8. b. A child has a choice of other activities and materials;
14.8. c. Staff members are available to support the activity by discussing the use of the active media with
the child;
14.8. d. The computer software chosen is developmentally appropriate and supports creative play and
learning; and
14.8. e. No video games or computer software with sexual or violent content, profanity or aggressive
behavior are used.
14.9. Passive Media. Regarding passive media, a center shall ensure that:
14.9. a. Passive media is not routinely part of the daily schedule;
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14.9. b. When passive media is used, that staff members are available to support the use of it by discussing
what is viewed with the child;
14.9. c. When a center allows the child to watch television programs and movies, the contents are designed
to benefit the child, viewing time is limited and the child who does not wish to watch has a choice of other activities; and
14.9. d. No television programs, cartoons or movies with sexual or violent content, profanity or aggressive
behavior are viewed.
14.10. Special Activity. When a center participates in a special activity, the center shall provide staff who are
trained and supervised to enforce safety regulations, provide necessary instructions, and identify and manage
environmental and other hazards related to the special activity. Prior to the special activity the center shall:
14.10. a. Have on file an activity plan that includes, but is not limited to:
14.10. a. 1. The qualifications of the supervisor of the special activity;
14.10. a. 2. The special qualifications, if any, of any other staff member necessary for
adequate supervision of the activity;
14.10. a. 3. A supervision plan that includes the number of staff members needed to
adequately supervise the activity;
14.10. a. 4. The conditions under which a child may participate in the activity, such as the
child s age or skills;
14.10. a. 5. Any special equipment necessary, such as life jackets, helmets, or other safety
gear; and
14.10. a. 6. Special safety practices and emergency procedures;
14.10. b. Provide the parent with a copy of the activity plan and have written permission dated and signed
by the parent for the child s participation in the activity; and
14.10. c. Assign appropriate staff to the activity by:
14.10. c. 1. Choosing a staff member for the special activity who has appropriate
experience, training or certification in the activity;
14.10. c. 2. Having on file at the center verification of the responsible staff member s
experience, training or certification; and
14.10. c. 3. Ensuring that the responsible staff member is present at the site of the activity.
14.11. Water Activities. When a center plans water activities, the center shall:
14.11. a. Have on file at the center written permission dated and signed by the parent prior to the child s
participation in any water activity;
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14.11. b. Ensure constant supervision of a child participating in any aspect of any activity involving water;
14.11. c. Ensure adequately prepared staff who are in the water or prepared to enter it at any time and
have a system, known to the children and staff members, for checking to ensure that each child is safe when in the
water;
14.11. d. Ensure that when a child is participating in a Level I or Level II water activity, a staff member is
present who has successfully completed training in first aid and CPR, appropriate to the age of the child;
14.11. e. Ensure that when a child is participating in a Level II water activity, the activity is also guarded by
an individual who:
14.11. e. 1. Is an appropriately certified lifeguard;
14.11. e. 2. Has skill in rescue and emergency procedures specific to the aquatic area and
activities guarded; and
14.11. e. 3. Is trained and supervised to enforce safety regulations, provide necessary
instructions, and identify and manage environmental and other hazards related to the aquatic activity; and
14.11. f. Ensure proper equipment and safety further by:
14.11. f. 1. Evaluating the child and classifying the child as either a swimmer or a non
swimmer, prior to allowing a child to participate in a Level II water activity;
14.11. f. 2. Assigning equipment, facilities and activities equivalent to the child s individual
abilities and based on a child s classification; and
14.11. f. 3. Ensuring that rescue equipment is in full working condition, available and
accessible to a child at each water activity site.
14.12. Field Trip. When a center plans a field trip, the center shall:
14.12. a. Have on file a written field trip plan that includes:
14.12. a. 1. The names of the children, staff members and any other participants on the field
trip;
14.12. a. 2. The departure and return times;
14.12. a. 3. The means of travel and routes to be taken;
14.12. a. 4. An alternate plan in case of bad weather;
14.12. a. 5. The name of a contact person at the center;
14.12. a. 6. The name, address and telephone number, if applicable, of each destination;
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14.12. a. 7. Relevant safety rules to be followed; and
14.12. a. 8. Special emergency procedures;
14.12. b. Written permission from the child s parent prior to the field trip; and
14.12. c. The name or names of the assigned qualified staff member or members responsible for the field
trip who shall take with him or her a copy of the written field trip plan, first aid supplies and emergency information for
each participating child.
§ 78-1-15. Health.
15.1. Child Immunization Records.
15.1. a. Within thirty ( 30) days of admitting a child, 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.
15.1. b. Exemptions from immunization requirements shall be available for parents who provide written
documentation of religious objections to immunization or who provide a signed statement from the child s licensed
health care provider indicating that immunization is contraindicated based on the child s medical condition.
15.2. Child Health Assessment.
15.2. a. 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:
15.2. a. 1. The child s current height and weight;
15.2. a. 2. 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;
15.2. a. 3. Prescribed daily medications and any potential side effects; and
15.2. a. 4. 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.
15.2. b. A center shall ensure that a child s health assessment is updated with new or current information
according to the schedule established by the American Academy of Pediatrics, or at least every six ( 6) months for the
child twenty-four ( 24) months of age and under, and at least every two ( 2) years for the child twenty-five ( 25) months
and over.
15.2. c. If a child is between six ( 6) weeks and three ( 3) months of age, a center shall have on file a
statement signed by the child s licensed health care provider permitting the child to enter group care.
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15.3. Medical Treatment.
15.3. a. A center shall develop, implement and maintain health policies and procedures that include
protocols to follow when medical treatment is required by a child whose parent has on file a signed statement objecting
to treatment.
15.3. b. When the child s parent objects to medical treatment on the grounds that it conflicts with the
convictions of his or her religion or conscience, the center shall have on file a statement of the objection to treatment
signed by the child s parent.
15.4. Child Illness at the Center.
15.4. a. A center shall ensure that staff members observe a child daily and watch for changes that may
indicate injury, infestation or illness, and record any observed changes in the child s file. Changes include:
15.4. a. 1. Behavior or appearance that is unusual for a child;
15.4 a. 2. A skin rash, itchy skin, or itchy scalp; or
15.4. a. 3. A complaint of pain or not feeling well.
15.4. b. When staff members observe changes in a child that may indicate illness or when a child is ill, staff
members shall:
15.4. b. 1. Remove the child to a designated quiet area to rest comfortably under
supervision;
15.4. b. 2. Take the child s temperature and record it in the child s file;
15.4. b. 3. Use universal precautions, as required; and
15.4. b. 4. Contact the child s parent or other individual authorized by the parent to assume
responsibility for the child.
15.4. c. When taking a child s temperature, staff members shall not use a mercury thermometer or the
rectal method for any child.
15.4. d. A center shall inform the parent and suggest that the parent consult a licensed health care provider
for a child who has a fever:
15.4. e. A center shall exclude a sick child from the center:
15.4. e. 1. Immediately when a child has a serious communicable illness;
15.4. e. 2. When the illness prevents a child from participating in routine activities;
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15.4. e. 3. When a child s illness results in a greater need for care than staff members can
provide without compromising the health and safety of the other children;
15.4. e. 4. When a child appears to have any of the following symptoms, unless a licensed
health care provider determines that they do not indicate a communicable disease:
15.4. e. 4. A. Fever with stiff neck, lethargy, irritability, or persistent crying;
15.4. e. 4. B. Diarrhea in addition to signs of dehydration, such as a decrease in
urination as indicated by a reduction in the number of wet diapers, no tears when crying or a decrease in activity, or
blood or mucus in the stool;
15.4. e. 4. C. Vomiting three ( 3) or more times, or with signs of dehydration;
15.4. e. 4. D. Undiagnosed rash that is accompanied by a behavior change, difficulty in
breathing or joint pain, or that is characterized by open sores, blood, red or purple pin-head spots, or bruises not
associated with an injury, or lasts more than one ( 1) day;
15.4. e. 4. E. Mouth sores with drooling;
15.4. e. 4. F. Infestation, such as scabies or head lice;
15.4. e. 4. G. Abdominal pain that is persistent, or intermittent with other signs such as
a fever;
15.4. e. 4. H. Difficulty in breathing; or
15.4. e. 4. I. Lethargy such that the child does not play; and
15.4. e. 5. When a child has any of the following diagnosed conditions:
15.4. e. 5. A. Diarrhea and blood or mucus in the stool;
15.4. e. 5. B. Contagious signs of pertussis, measles, mumps, chicken pox, rubella or
diphtheria;
15.4. e. 5. C. Streptococcal infection until treated with antibiotics for twenty-four ( 24)
hours;
15.4. e. 5. D. Pinkeye with yellow or white discharge;
15.4. e. 5. E. Untreated tuberculosis; or
15.4. e. 5. F. Other conditions as determined by a licensed health care provider.
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15.4. f. When excluding a child to prevent transmission of illness or readmitting a child who has been
excluded, the center shall abide by the following guidelines:
15.4. f. 1. During the course of an identified outbreak of any communicable illness, the center
shall exclude the child if a licensed health care provider determines that the child is contributing to the transmission of
the illness;
15.4. f. 2. When a child has been diagnosed with a vaccine-preventable communicable
disease, a center shall exclude the child who has not been immunized against the disease until a licensed health care
provider determines that a risk of disease transmission has passed;
15.4. f. 3. When a licensed health care provider excludes a child because of a communicable
illness, a center shall readmit the child only after the child s parent provides a signed statement from a licensed health
care provider that the risk of transmission is no longer present and the child is well enough to participate in center
activities; and
15.4. f. 4. After receiving a signed statement from a licensed health care provider that the
child poses no health risk to the children at the center, the center may permit the child to remain at the center.
15.4. g. Guidelines for handling reportable diseases introduced in a center include that:
15.4. g. 1. A center shall report to the local health department the introduction of a diagnosed
reportable disease as listed in Appendix 78-1 C of this rule, including, chickenpox, diphtheria, giardia lambia, hepatitis
A, mumps, meningitis, pertussis ( whooping cough) , rheumatic fever, rubella ( German measles) , rubeola ( measles) ,
salmonella, shigella, and tuberculosis;
15.4. g. 2. A center shall inform the parent of each child immediately of the presence of the
disease and the need to contact a licensed health care provider for further information; and
15.4. g. 3. A center shall complete a serious occurrence report as required under this rule.
15.4. 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;
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15.4. h. 4. A center shall ensure that medication is only administered by designated qualified
staff members with training in medication administration;
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