West Virginia Code 49-2-129 – Transitional living services, scattered-site living arrangements, and supervised group settings; eligibility criteria
(a) The department shall establish minimum standards, by legislative rule, for transitional living services, such as scattered-site living arrangements and supervised group settings, to which all child placing agencies or child welfare agencies who provide this service must conform.
Terms Used In West Virginia Code 49-2-129
- Adult: means a person who is at least eighteen years of age. See West Virginia Code 49-1-202
- 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
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Placement: means any temporary or permanent placement of a child who is in the custody of the state in any foster home, kinship parent home, group home, or other facility or residence. 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
- Scattered-site living arrangement: means a living arrangement where youth, 17 to 26 years of age, live in a setting that allows staff to be available as needed, depending on the youth's level of autonomy. See West Virginia Code 49-1-206
- Transitioning adult: means an individual with a transfer plan to move to an adult setting who meets one of the following conditions:
(A) Is eighteen years of age but under twenty-one years of age, was in the custody of the Department of Health and Human Resources upon reaching eighteen years of age and committed an act of delinquency before reaching eighteen years of age, remains under the jurisdiction of the juvenile court, and requires supervision and care to complete an education and or treatment program which was initiated prior to the eighteenth birthday. See West Virginia Code 49-1-202
(b) Agencies shall establish eligibility criteria for serving transitioning children and adults and shall require, at a minimum, the following:
(1) That a transitioning child or adult receiving a transitional living placement is between 16 and 26 years of age;
(2) Written permission from the child’s parents or guardian for a child less than 18 years of age to enter a scattered-site living arrangement;
(3) A written service agreement with a transitioning adult entering a transitional living arrangement;
(4) A determination by an agency that a transitioning child or adult has shown that he or she is stable, mature, and responsible enough for entry into the determined level of transitional living arrangement;
(5) A life skills assessment by an agency of the transitioning child or adult, prior to placing him or her in a transitional living arrangement, and an annual reassessment; and
(6) A written transition plan, developed with the transitioning child or adult, that provides an educational, training, or employment program or a plan for the child or adult to pursue employment while in transitional living.
(c) The agency and transitioning child or adult shall determine if a roommate is appropriate for the child or adult prior to placement in a transitional living setting. The roommate must be able to support himself or herself and contribute at least a pro rata share of the living expenses for the setting.
(d) An agency shall document face-to-face contact and hours spent with a transitioning child or adult in a transitional living setting in the service plan that meet the child’s or adult’s needs and program level.
(e) After a child or adult is in a transitional living placement, an agency shall assess the child’s or adult’s progress in acquiring basic living skills at a minimum of once every six months.
(f) An agency shall develop and implement policies and procedures to ensure that any child or adult in a transitional living setting receives training and guidance on appropriate health screening and services, including medical and dental screening and services.
(g) An agency shall develop policies and procedures for assisting a transitioning child or adult in searching for an appropriate dwelling that will be used as a scattered-site living setting, that meets the following criteria:
(1) The dwelling is safe and affordable;
(2) The dwelling has a working telephone or other means of communication in an emergency;
(3) The dwelling has appropriate equipment for indoor cooking; and
(4) The dwelling has an appropriate water source for cooking, cleaning, and bathing.
(h) The department shall promulgate legislative rules, including emergency rules if necessary, to implement the provisions of this section.