H. B. 4597

(By Delegates Givens, Douglas,
Staton, Overington and Riggs)

[Introduced February 22, 2002 ; referred to the

Committee on the Judiciary.]

A BILL to amend and reenact section eight, article two-b, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to child welfare; and authorizing the commissioner of human services to prescribe certain licensing application procedures, including fingerprinting of applicants and other persons responsible for the care of children.

Be it enacted by the Legislature of West Virginia:
That section eight, 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:

§49-2B-8. Application for license, certification or approval.

(a) Any person or corporation, or any governmental agency intending to act as a child welfare agency shall apply for a license, statement of certification, approval or registration certificate to operate child care facilities regulated by this article. Applications for licensure, certification, approval or registration shall be made separately for each child care facility to be licensed, approved, certified or registered.
(b) The commissioner may prescribe forms and reasonable application procedures, including, but not limited to, fingerprinting of applicants and other persons responsible for the care of children for submission to the department of public safety and the federal bureau of investigation.
(c) Before issuing a license, certification or approval, the commissioner shall investigate the facility, program and persons responsible for the care of children. The investigation shall include, but not be limited to, review of resource need, reputation, character and purposes of applicants, a check of personnel criminal records, if any, and personnel medical records, the financial records of applicants, and consideration of the proposed plan for child care from intake to discharge.
(d) Before a family day care home registration is granted, the commissioner shall make inquiry as to the facility, program and persons responsible for the care of children. The inquiry shall include self-certification by the prospective family day care home of compliance with standards including, but not limited to:
(1) Physical and mental health of persons present in the home while children are in care;
(2) Criminal and child abuse or neglect history of persons present in the home while children are in care;
(3) Discipline;
(4) Fire and environmental safety;
(5) Equipment and program for the children in care;
(6) Health, sanitation and nutrition.
(e) Further inquiry and investigation may be made as the commissioner may direct.
(f) The commissioner shall make a decision on each application within sixty days of its receipt and shall provide to unsuccessful applicants written reasons for the decision.



NOTE: The purpose of this bill is authorize the commissioner of human services to prescribe fingerprinting of applicants and other persons responsible for the care of children in the licensing process.

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

This bill is recommended for passage in the 2002 Regular Session by the Legislative Task Force on Juvenile Foster Care, Detention and Placement.