H. B. 2354
(By Delegates Laird, By Request, and Pino)
[Introduced January 22, 1999; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact section one, article two-b, chapter
forty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to further amend said
chapter by adding thereto a new article, designated article
two-e, all relating to the establishment of an accreditation
program for child welfare agencies and child-placing
agencies as an alternative to state licensure, certification
or registration; providing a criminal penalty.
Be it enacted by the Legislature of West Virginia:
That section one, article two-b, chapter forty-nine of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that said chapter be
further amended by adding thereto a new article, designated
article two-e, all to read as follows:
ARTICLE 2B. DUTIES OF COMMISSIONER OF HUMAN SERVICES FOR CHILD
WELFARE.
§49-2B-1. Policy and purpose; transfer of powers of child
welfare licensing board.
(a) It is the policy of the state to assist a child and the
child's family as the basic unit of society through efforts to
strengthen and preserve the family unit. In the event of a
temporary or permanent absence of parents or the separation of a
child from the family unit for care or treatment purposes, it is
the policy of the state to assure that a child receives care and
nurturing as close as possible to society's expectations of a
family's care and nurturing of its child. The state has a duty
to assure that proper and appropriate care is given and
maintained.
(b) It is also the policy of this state to ensure that those
persons and entities offering quality childcare services are not
overencumbered by licensure, certification and registration
requirements and that the extent of regulation of childcare
facilities be moderately proportionate to the size of the
facility.
(c) Through licensure, approval, certification, and
registration or by requiring alternative accreditation of
childcare facilities and child welfare agencies, the state exercises its benevolent police power to protect the user of a
service from risks against which he or she would have little or
no competence for self protection. Licensure, approval,
certification, and registration or alternative accreditation
processes shall therefore continually balance the child's rights
and need for protection with the interests, rights and
responsibility of the service providers.
(d) In order to carry out the above policy, the Legislature
enacts this article to protect and prevent harm to children
separated from their families and to enhance their continued
growth and well-being while in care.
(e) The purposes of this article are:
(1) To protect the health, safety and well-being of children
in substitute care by preventing improper and harmful care;
(2) To establish statewide rules for regulating programs as
defined in this article;
(3) To encourage and assist in the improvement of childcare
programs;
(4) To ensure that persons and entities offering childcare
services are not unduly burdened by licensure, certification and
regulation requirements; and
(5) To ensure that all childcare programs be safe, reliable
and geared to the ages and needs of the children they serve, meet
basic health and safety standards, and employ people who have the training and experience needed to work with children.
(6) With respect to a child welfare agency or child-placing
agency sponsored by a religious organization, nothing in this
chapter gives a governmental agency authority to regulate,
control, supervise, or in any way be involved in the:
(A) Form, manner or content of religious instruction,
ministry, teaching or the curriculum offered by the school or
facility;
(B) Ability of the child welfare agency or child-placing
agency to select and supervise qualified personnel and otherwise
control the terms of employment, including the right to employ
individuals who share the religious views of the school facility;
(C) Internal self-governance and autonomy of the school or
facility; or
(D) Religious environment of the child welfare agency or
child-placing agency, such as symbols, art, icons and scripture.
(f) In order to carry out these purposes, the powers of the
child welfare licensing board created by chapter nineteen, acts
of the Legislature, one thousand nine hundred forty-five, are
hereby transferred to the commissioner of human services, along
with the other powers granted by this article.
ARTICLE 2E. ACCREDITATION OF CHILDCARE FACILITIES, CHILD WELFARE
AGENCIES AND CHILD-PLACING AGENCIES.
§49-2E-1. Alternative accreditation program.
The department shall establish a streamlined procedure by
which the department authorizes a childcare facility, child
welfare agency or child-placing agency that is otherwise required
to obtain licensure, certification, or registration under article
two-b of this chapter to operate the agency without a license if
the facility or agency is accredited by an accreditation
organization approved by the department.
§49-2E-2. Accreditation organization.
(a) To qualify for approval by the department under section
one of this article, an accreditation organization must:
(1) Be a recognized private organization that promulgates,
publishes and requires compliance with standards and inspection
procedures for childcare facilities, child welfare agencies or
child-placing agencies that meet or exceed the state's minimum
requirements for childcare facilities, child welfare agencies and
child-placing agencies under article two-b of this chapter, with
the exception of standards relating to the internal self- governance of a facility or agency and to the curriculum,
teaching or instruction of the facility or agency;
(2) Not have any person serve as a member of the governing
body of the accrediting organization who has a proprietary or
financial interest in a childcare facility, child welfare agency or child-placing agency that is accredited by the accrediting
organization; and
(3) Demonstrate a strong commitment to ensuring the
provision of high-quality childcare services.
(b) An accreditation organization must file a copy of its
minimum standards and inspection procedures for childcare
facilities, child welfare agencies or child-placing agencies with
the department to enable the department to make its determination
under subsection (a) of this section.
§49-2E-3. Approved accreditation organization.
(a) The department shall approve an accreditation
organization under this article if the department determines that
the accreditation organization has satisfied the requirements
prescribed by this article.
(b) An approval granted by the department under this section
is valid for one year.
(c) The department shall prescribe an annual renewal
procedure for an approved accreditation organization that ensures
continued compliance with this article.
(d) The department may use the remedies specified in article
two-b of this chapter, to address exigent situations in which an
approved accreditation organization does not timely correct an
action that endangers the health and safety of children.
§49-2E-4. Registration to operate under accreditation.
(a) A childcare facility, child welfare agency or child-
placing agency that is accredited by an approved accreditation
organization may register with the department to operate under
that accreditation by filing:
(1) A registration in a simple form prescribed by the
department;
(2) A copy of the certificate, license or award letter of
accreditation from the accreditation body showing that the agency
is accredited; and
(3) A copy of the written accreditation report of the agency
from the accreditation body.
(b) The department may charge a childcare facility, child
welfare agency or child-placing agency a single administrative
fee in a reasonable amount that is sufficient to cover the costs
of the department in processing and acting on the registration.
(c) The department shall process and act on a registration
not later than the thirtieth day after the date on which the
department receives all of the required information.
§49-2E-5. Background and criminal history checks.
(a) An approved accreditation organization shall obtain from
the department information regarding reported cases of child
abuse or neglect and shall investigate personnel criminal records, if any, and personnel medical records for purposes of
reviewing the general character and fitness of:
(1) A person who registers with the commissioner to operate
under this article or a holder of a certificate issued under this
article;
(2) An operator of a childcare facility, child welfare
agency or child-placing agency accredited by the organization and
seeking to register with the commissioner under section four of
this article, or issued a certificate to operate under that
accreditation under this article; and
(3) An employee of or an applicant for employment by a
childcare facility, child welfare agency or child-placing agency
accredited by the organization and seeking to register with the
department under section four of this article, or issued a
certificate to operate under that accreditation under this
chapter.
(b) The department by rule may provide for not issuing or
not renewing a certificate to operate under accreditation or may
revoke a certificate based on the results of a background or
criminal history check conducted by the department under this
section.
§49-2E-6. Acceptance of accreditation instead of license.
(a) The department shall issue a certificate to operate under accreditation to a childcare facility, child welfare agency
or child-placing agency that registers with the commissioner
under section four of this article if:
(1) The facility or agency submits all of the information
required by subsection (a), section four of this article;
(2) The facility or agency remits any required
administrative fee under subsection (h), section four of this
article; and
(3) The department verifies that the facility or agency is
accredited by and in good standing with an approved accreditation
organization.
(b) A certificate issued under this section is not
transferable and applies only to the operator named in the
registration.
(c) A certificate is valid for one year.
§49-2E-7. Renewal of certificate.
The department shall provide for an annual renewal of a
certificate issued to an operator of a childcare facility, child
welfare agency or child-placing agency under section six of this
article. The department shall renew the certificate if the child
welfare agency or child-placing agency maintains accreditation
from the approved accreditation organization.
§49-2E-8. Notification of revocation or withdrawal of accreditation.
Not later than the seventh day after the date on which an
approved accreditation organization revokes or withdraws the
accreditation of a childcare facility, child welfare agency or
child-placing agency that is exempt from licensing under this
article, the organization shall notify the department of the
revocation or withdrawal.
§49-2E-9. Revocation or withdrawal of approval to operate under
accreditation.
(a) A holder of a certificate issued under section six of
this article may not operate a childcare facility, child welfare
agency or child-placing agency under this article if an
accreditation organization has revoked or withdrawn the
accreditation of the childcare facility, child welfare agency or
child-placing agency, unless the department grants the holder a
certificate of license, certificate of registration, or statement
of certification under article two-b of this chapter or a
provisional licensure or certification.
(b) The department may adopt rules as necessary to implement
this section.
§49-2E-10. Authority to conduct limited inspections.
(a) The department may inspect a childcare facility, child
welfare agency or child-placing agency that has received a certificate to operate under accreditation as provided by section
six of this article if:
(1) The department has received a complaint or report of
child abuse or neglect alleged to have occurred at the agency; or
(2) The department has received a complaint indicating that
despite efforts made by an accreditation organization approved
under section three of this article, an agency certified to
operate under accreditation under section four of this article,
has violated the standards of the accreditation organization and
the violation creates an immediate threat to the health or safety
of children attending or residing in the facility or agency.
(b) This article does not affect the authority of local,
regional, or state health department officials, the state fire
marshal or local fire prevention officials to inspect a
childcare facility, child welfare agency or child-placing agency
that is certified to operate under accreditation under this
article.
(c) If, as provided by subsection (a) of this section, the
department has inspected a childcare facility, child welfare
agency or child-placing agency that has received a certificate to
operate under accreditation as provided by section six of this
article, the department may require the agency to take
appropriate corrective action to eliminate any violations of the
standards of the accreditation organization or such other action as the department determines necessary to ensure the health or
safety of the children attending or residing in the facility or
agency. The department may continue to inspect the facility or
agency until corrective action has been taken and for such
reasonable time after corrective action to ensure continued
compliance with standards.
§49-2E-11. Emergency suspension of child welfare agency or
child-placing agency.
(a) The department shall suspend a certificate of a
childcare facility, child welfare agency or child-placing agency
issued under section six of this article and, if appropriate,
place the children attending or residing in facility or agency
elsewhere if:
(1) The commissioner finds the facility or agency is
operating in violation of the standards of its accrediting
organization; and
(2) The violation creates an immediate threat to the health
and safety of the children attending or residing in the facility
or agency.
(b) An order suspending the certificate of a childcare
facility, child welfare agency or child-placing agency is
immediately effective on the date on which the certificate holder
receives written notice or on a later date specified in the order.
(c) An order is valid for ten days after the effective date
of the order.
(d) The suspension of a certificate and the appeal from that
action are governed by the procedures for a contested case
hearing under section one, article five, chapter twenty-nine-a of
this code.
NOTE: The purpose of this bill is to establish an
accreditation program for child welfare agencies and child- placing agencies as an alternative to state licensure,
certification or registration. The bill also provides a criminal
penalty for violators.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates language that
would be added.
Article 2E is new; therefore, strike-throughs and
underscoring have been omitted.