West Virginia Code § 49-2-708

Rule-making authority
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(a) The Secretary of the Department of Human Services is authorized to propose rules for
legislative approval necessary to implement this article in accordance with §29A-3-1 et seq.
of this code.
(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 occurured;
(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" meansl 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 theL 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 Com mittee by October 31, 2019.
Part VIII. Reports of Children Suspected of Abuse

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