Current through Register Vol. XLI, No. 42, October 18, 2024
Section 78-3-25 - Therapeutic Residential School25.1. Employee Ratios and Training. 25.1.1. Employees, for the purposes of this section, is defined as those individuals who are: 25.1.1.a. Fully oriented and trained according to organizational policy; and25.1.1.b. Have job responsibilities that pertain only to the provision of child care, treatment and supervision.25.1.2. The therapeutic residential school shall have a policy regarding care and supervision of children that ensures that: 25.1.2.a. Children receive adequate supervision for their age, developmental functioning, and emotional and behavioral needs; and25.1.2.b. The care plan as developed by the interdisciplinary team is implemented as written for each child.25.1.3. Children shall be cared for and supervised at the following levels, with clinically justified modifications when house parents are employed: 25.1.3.a. A minimum employee-to-child ratio of 1-to-10 during the waking hours when children are on the grounds with a minimum of one employee present per residential living unit at all times;25.1.3.b. The availability of additional or back-up care employees for emergency situations or to meet special needs presented by the child; and25.1.3.c. An employee-to-child ratio of 1-to-12 during sleeping hours with a minimum of at least one employee per residential living unit to be awake at all times.25.1.4. The organization shall have a policy regarding supervision of children in off-grounds activities that shall ensure that children are adequately supervised at all times.25.1.5. As appropriate to the ages and needs of children in care, the organization shall ensure that one of more trained professional employees are on duty or available via an on-call system on a 24-hour basis to provide continuous supervision to each residential living unit within a residential program.25.1.6. The organization that uses a house parent model shall have a policy that ensures the safety and supervision of children at night.25.2. Environmental Issues.25.2.1. To the maximum extent possible, the organization providing therapeutic residential school services shall be non-institutional in appearance and practices. Each child or transitioning adult shall be permitted to have personal space, personal possessions, and a place to store those possessions unless clinically contraindicated. Each child is expected to assume some responsibility for an aspect of facility maintenance (cleaning, cooking, etc.) on an ongoing basis.25.2.2. Group therapeutic and residential living activities should be conducted in an appropriately sized group format, taking into consideration best practice standards for the sex, developmental status, and diagnosis of the children.25.2.3. Children shall have clearly identifiable schedules and activities, individualized for their strengths and needs. Each child shall have a unique schedule that identifies therapy times, chore or work assignments, school hours, and other activities.25.2.4. Employees shall be available in sufficient quantity and with appropriate credentials to address the needs of the child as identified by the assessment and interdisciplinary team process.25.2.5. The residential therapeutic school that permits pets shall follow written procedures that address their availability, care, feeding, and maintenance that includes at a minimum, a veterinary evaluation and vaccinations as recommended by the veterinarian in writing.25.2.6. Service elements unique to the population: 25.2.6.a. If the organization permits children to operate vehicles while in placement, it shall do so under the following conditions:25.2.6.a.1. The child has a valid West Virginia driver's license or permit;25.2.6.a.2. The child's vehicle, if any, is appropriately licensed and insured; and25.2.6.a.3. The child receives permission in writing from his or her parent or guardian, as appropriate.25.2.6.b. The organization shall have a written plan of basic daily routines that shall be available to all employees and updated regularly.25.2.6.b.1. Children shall participate in planning daily routines.25.2.6.b.2. Children shall have set routines for waking and going to bed.25.2.6.c. The organization shall encourage and arrange for children to participate in community, school functions and recreational activities on an individual basis.