H. B. 4350


(By Delegates Fragale, Linch, Fealy and Henderson)
[Introduced February 4, 1994; referred to the
Committee on Health and Human Resources.]




A BILL to amend and reenact section three, article two-b, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring licensed child day care centers and family day care homes to have one person certified in infant cardiopulmonary resuscitation on-site when children are present.

Be it enacted by the Legislature of West Virginia:

That section three, article two-b, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 2B. DUTIES OF COMMISSIONER OF HUMAN SERVICES FOR CHILD WELFARE.

§ 49-2B-3. License, approval and registration requirements.

(a) Any person, corporation, or child welfare agency other than a state agency, which operates a residential child care facility, a child placing agency or a day care center shall have a license. As a requirement for the issuance and renewal of a license, every licensed residential child care facility and every day care center shall have one person certified in infant cardiopulmonary resuscitation on-site during all times that children are present.

(b) Any residential child care facility, day care center or any child placing agency operated by the state shall obtain approval of its operations from the commissioner. Such facilities and placing agencies shall maintain the same standards of care applicable to licensed facilities, centers or placing agencies of the same category.
(c) Every family day care home shall have a certificate of registration. Family day care homes approved by the department of human services for receipt of funding shall automatically receive a certificate of registration.
(d) This section does not apply to:
(1) A kindergarten, preschool or school education program which is operated by a public school or which is accredited by the state department of education, or any other kindergarten, preschool or school programs which operate with sessions not exceeding four hours per day for any child;
(2) An individual or facility which 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) Summer recreation camps operated for children attending sessions for periods not exceeding thirty days;
(4) Hospitals or other medical facilities which are primarily used for temporary residential care of children for treatment, convalescence or testing; or
(5) Persons providing family day care solely for children related to them.



NOTE: The purpose of this bill is to require licensed child day care centers and family child day care homes to have one person certified in child cardiopulmonary resuscitation on-site during all times children are present.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.