When used in this chapter, terms defined in this section have the meanings ascribed to them that relate to, but are not limited to, licensing and approval of programs, except in those instances where a different meaning is provided or the context in which the word used clearly indicates that a different meaning is intended.

Terms Used In West Virginia Code 49-1-203

  • Approval: means a finding by the Secretary of the Department of Health and Human Resources that a facility operated by the state has met the requirements of legislative rules promulgated for operation of that facility and that a certificate of approval or a certificate of operation has been issued. See West Virginia Code 49-1-203
  • certificate of operation: means a statement issued by the Secretary of the Department of Health and Human Resources that a facility meets all of the necessary requirements for operation. See West Virginia Code 49-1-203
  • child: means an individual who meets one of the following conditions:

    (A) Is under thirteen years of age. See West Virginia Code 49-1-202

  • Child care: means responsibilities assumed and services performed in relation to a child's physical, emotional, psychological, social, and personal needs and the consideration of the child's rights and entitlements, but does not include secure detention or incarceration under the jurisdiction of the Division of Corrections and Rehabilitation pursuant to §. See West Virginia Code 49-1-206
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Facility: means a place or residence, including personnel, structures, grounds, and equipment used for the care of a child or children on a residential or other basis for any number of hours a day in any shelter or structure maintained for that purpose. See West Virginia Code 49-1-206
  • Family child care home: means a facility which is used to provide nonresidential child care services for compensation in a provider's residence. See West Virginia Code 49-1-206
  • Informal family child care: means a home that is used to provide nonresidential child care services for compensation for three or fewer children, including children who are living in the household who are under six years of age. See West Virginia Code 49-1-206
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Relative family child care: means a home that provides nonresidential child care services only to children related to the caregiver. See West Virginia Code 49-1-206
  • Rule: means legislative rules promulgated by the Secretary of the Department of Health and Human Resources or a statement issued by the Secretary of the Department of Health and Human Resources of the standards to be applied in the various areas of child care. See West Virginia Code 49-1-203
  • Secretary: means the Secretary of the West Virginia Department of Health and Human Resources. See West Virginia Code 49-1-208
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10

“Approval” means a finding by the Secretary of the Department of Health and Human Resources that a facility operated by the state has met the requirements of legislative rules promulgated for operation of that facility and that a certificate of approval or a certificate of operation has been issued.

“Certification of approval” or “certificate of operation” means a statement issued by the Secretary of the Department of Health and Human Resources that a facility meets all of the necessary requirements for operation.

“Certificate of license” means a statement issued by the Secretary of the Department of Health and Human Resources authorizing an individual, corporation, partnership, voluntary association, municipality, or county, or any agency thereof, to provide specified services for a limited period of time in accordance with the terms of the certificate.

“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 to provide specified services for a limited period in accordance with the terms of the certificate.

“License” means the grant of official permission to a facility to engage in an activity which would otherwise be prohibited.

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

“Rule” means legislative rules promulgated by the Secretary of the Department of Health and Human Resources or a statement issued by the Secretary of the Department of Health and Human Resources of the standards to be applied in the various areas of child care.

“Variance” means a declaration that a rule may be accomplished in a manner different from the manner set forth in the rule.

“Waiver” means a declaration that a certain legislative rule is inapplicable in a particular circumstance.

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