West Virginia Code 49-2-708 – Rule-making authority
(a) The Secretary of the Department of Health and Human Resources is authorized to propose rules for legislative approval necessary to implement this article in accordance with § 29A-3-1 et seq. of this code.
Terms Used In West Virginia Code 49-2-708
- 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
- 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
- Parent: means an individual defined as a parent by law or on the basis of a biological relationship, marriage to a person with a biological relationship, legal adoption or other recognized grounds. See West Virginia Code 49-1-204
- 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
- Secretary: means the Secretary of the West Virginia Department of Health and Human Resources. See West Virginia Code 49-1-208
(b) The rules:
(1) Shall create a three year certification period for a foster home, unless a substantial change occurs. A home safety assessment is performed at least annually. The department has sole authority to determine if a substantial change has occurred;
(2) Shall require that a criminal background check be conducted at the time of the recertification;
(3) May not prevent the placement or cause the removal of a foster child for cosmetic damage to a residence. “Cosmetic damages” means damage that does not affect the safety or wellbeing of a child;
(4) Shall permit the use of dedicated sleeping spaces as appropriate for the child’s needs and age, and similar to the sleeping spaces for other household members; and
(5) Shall review and update the legislative rules while considering normalcy and the reasonable and prudent parent standard.
(c) Notwithstanding the time frames in §29A-3-1 et seq., of this code the department shall revise the foster care legislative rules and shall submit for review and approval to the Rule-Making Review Committee by October 31, 2019.