SB 407 — Licensing and approval of child care programs

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Red = new code to be enacted WEST virginia legislature regular session IntroducedEnrolled Senate Bill 407 By Senators Takubo, Maroney, Stollings, and Plymale [Introduced[Passed JanuaryMarch 29,9, 2018;

Referredin effect 90 days from passage] AN ACT to amend and reenact §49-1-203 and §49-1-206 of the CommitteeCode onof HealthWest Virginia, 1931, as amended, all relating to modifying definitions related to licensing and Humanapproval Resources;of child care programs;

andmodifying thendefinitions related to thechild Committeeadvocacy, oncare, Governmentresidential, Organization]and Atreatment BILLprograms toeliminating amendability andfor reenactfamily §49-1-203child andcare §49-1-206homes, ofinformal thefamily Codechild ofcare Westhomes, Virginia,or 1931,relative asfamily amended,child allcare relatinghomes to modifyingself-certify definitionscompliance relatedwith tolegislative licensingrules; and approval of child care programs;

andeliminating modifyingstatutory definitionscaps relatedon tothe childnumber advocacy,of care,children residential,under months of age in family child care facilities and treatmentfamily programs.child care homes;

and making technical corrections.

“Certificate of registration” means a statement issued by the Secretary of the Department of Health and Human Resources to a family child care home, informal family child care home, or relative family child care home upon receipt of a self-certification statement of compliance with the legislative rules promulgated pursuant to this chapter to provide specified services for a limited period in accordance with the terms of the certificate.

“Registration” means the process by which the grant of official permission to a family child care home, informal family child care home, or a relative family child care home self-certifies compliance determined to be in compliance with the legislative rules promulgated pursuant to this chapter.

No more than four of the total number of children may be under twenty-four months of age A facility may be in a provider’s residence or a separate building.

No more than two of the total number of children may be under twenty-four months of age “Family resource network” means:

“Home-based family preservation services” means services dispensed by the Division of Human Services Department of Health and Human Resources or by another person, association, or group who has contracted with that division to dispense services when those services are intended to stabilize and maintain the natural or surrogate family in order to prevent the placement of children in substitute care.

It may include care and/or or treatment, or both, for transitioning adults.

NOTE:

The purpose of this bill is to revise the department definitions for family child care homes and family child care informal and relative family child care homes which currently allows these providers to self-certify compliance with 78 CSR 19 and 78 CSR 20.  Due to the reauthorization of the Child Care and Development Block Grant, self-certification is now disallowed.  All providers must now be inspected and found compliant with applicable rules before being issued a certificate.  The current definitions of both a family child care home and a family child care facility within this code restricts the number of children under 24 months permitted to be in child care at the same time.  While the restriction ensured a small group size in a setting with minimal staff, the revision will allow families with larger sibling groups with close age range and foster children sharing a foster parent to utilize the same child care provider.

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

  _______________ GOVERNMENT ORGANIZATION COMMITTEE AMENDMENT   By striking out the title and substituting therefor a new title, to read as follows:

Senate Bill 407—A BILL to amend and reenact §49-1-203 and §49-1-206 of the Code of West Virginia, 1931, as amended, all relating to modifying definitions related to licensing and approval of child care programs;

modifying definitions related to child advocacy, care, residential, and treatment programs;

eliminating ability for family child care homes, informal family child care homes or relative family child care homes to self-certify compliance with legislative rules;

eliminating statutory caps on the number of children under 24 months of age in family child care facilities and family child care homes;

and making technical corrections.