(a) The legislative rule filed in the State Register on July 29, 2011, authorized under the authority of section four, article two-b, chapter forty-nine of this code, modified by the Division of Human Services to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on November 23, 2011, relating to the Division of Human Services (family child care facility licensing requirements, 78 CSR 18), is authorized.

     (b) The legislative rule filed in the State Register on July 29, 2011, authorized under the authority of section four, article two-b, chapter forty-nine of this code, modified by the Division of Human Services to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on November 23, 2011, relating to the Division of Human Services (family child care home registration requirements, 78 CSR 19), is authorized.

     (c) The legislative rule filed in the State Register on July 29, 2011, authorized under the authority of section two, article two-e, chapter forty-nine of this code, modified by the Division of Human Services to meet the objections of the Legislative Rule- Making Review Committee and refiled in the State Register on November 23, 2011, relating to the Division of Human Services (child care quality rating and improvement system, 78 CSR 22), is authorized, with the following amendment:

     On page one, subsection 1.4, line six, by striking out the words "July 1, 2012" and inserting in lieu thereof the words "This rule is effective upon the date specified in an emergency rule promulgated by the Department of Health and Human Resources as being the date funding for implementation of the Child Care Quality Rating and Improvement System will become available pursuant to a duly enacted appropriation bill authorizing the expenditure of funds for that purpose.";

     And,

     On page one, beginning on line thirteen, by striking out subsection 2.3 in its entirety and inserting in lieu thereof a new subsection 2.3, to read as follows:

     "2.3 Pursuant to W.Va. Code §49-2E-4, no provision of this rule may be construed to require implementation of a quality rating and improvement system unless funds are appropriated therefor. The 'Quality Rating and Improvement System Cost Implementation Study' dated July 31, 2011, prepared and published by the Marshall University Center for Business and Economic Research for the Department of Health and Human Resources and accessible on-line at http://www.marshall.edu/cber/research/QualityRatingImprovementSys temFINAL.pdf, is the financial plan submitted by the Secretary of the Department of Health and Human Resources pursuant to Chapter §49-2E-3, and is hereby attached by reference and incorporated into this rule as if fully set forth herein. The financial plan prioritizes the components of the system for implementation and provides for gradual implementation over a period of several years in the event that funding is not sufficient to implement all requirements in code."