West Virginia Code § 49-2-116

Investigative authority; evaluation; complaint
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(a) The secretary shall enforce this article.
(b) An on-site evaluation of every facility regulated pursuant to this chapter, except
registered family child care homes, informal family child care and relative family child care
homes shall be conducted no less than once per year by announced or unannounced visits.
(c) A random sample of not less than five percent of the total number of registered family
child care homes, informal family child care homes and relative family child care homes shall
be monitored annually through on-site evaluations. u
(d) The secretary shall have access to the premises, personnel, children in care and records
of each facility subject to inspection, including at a minimum, case records, corporate and
financial records and board minutes. Applicants for licaenses, approvals, and certificates of
registration shall consent to reasonable on-site administrative inspections, made with or
without prior notice, as a condition of licensing, aplproval, or registration.
(e) When a complaint is received by the secretary alleging violations of licensure, approval,
or registration requirements, the secretaryi shall investigate the allegations. The secretary
may notify the facility's director before or after a complaint is investigated and shall cause a
written report of the results of the investigation to be made.
(f) The secretary may enter any unlicensed, unregistered or unapproved child care facility or
personal residence for which there is probable cause to believe that the facility or residence
is operating in violation of this article. Those entries shall be made with a law-enforcement
officer present. The secretary may enter upon the premises of any unregistered residence
only after two attemp ts by the secretary to bring this facility into compliance.

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