West Virginia Code § 49-2-129

Transitional living services, scattered-site living arrangements, and
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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. e
(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 guaardian 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 transiti on 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) WThe 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.

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