Current through Register Vol. XLI, No. 35, August 30, 2024
1.1. Scope. -- This rule establishes standards and procedures for the licensure of residential child-care and treatment facilities and vulnerable and transitioning youth group homes and programs under the provisions of W. Va. Code § 49-2-101et seq., §27-17-1et seq., and related federal and state codes except as set forth in subsection 2.3. of this rule (relating to exemptions). The West Virginia Code is available in public libraries and on the Legislature's web page, http://wvlegislature.gov/. This rule should be read in conjunction with the provisions of W. Va. Code § 49-2-101et seq., § 27-9-1, and §27-17-1et seq.1.2. Authority. -- W. Va. Code § 49-2-121, §27-17-3, §27-1A-4(g), §27-1A-6(6) and §27-1A-7.1.3. Filing Date. - March 30, 2023.1.4. Effective Date. - June 28, 2023.1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2028.1.6. Review and Revision -- This legislative rule will be reviewed at a minimum of every five years for content and applicability, with revisions and additions made as needed.1.7. The organizations covered in this rule (excluding ICF-ID and PRTF) are exempt from the requirements of "Behavioral Health Centers Licensure," 64CSR11.1.8. Purpose -- These standards are the basis for the licensing and approval of residential child-care and treatment facilities in West Virginia. Licenses or certificates of approval are issued if the standards and applicable rules and regulations are met. The purpose is to protect the health, safety and well-being of children receiving care in residential facilities and to regulate the provision of out of home behavioral health treatment for children with behavioral, emotional or developmental, or both, challenges, placed in congregate treatment settings, through the formulation, application and enforcement of minimum licensing requirements. Nothing in these standards are intended to interfere with any requirements relating to funding streams.