West Virginia Code § 49-8-6

Applicability of licensing and other requirements of childcare facilities
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(a) A delegation under this article by a parent, guardian or legal custodian is not subject to
the requirements of the child care facility licensing statutes or foster care licensing statutes,
and does not constitute an out of home child placement under this code.
(b) A qualified nonprofit organization as defined herein shall not be considered a child care
center, child placing agency, or child welfare agency as defined in section two hundred six of
article one, chapter forty-nine of this Code, unless such organization also pursues these
activities in addition to providing services outlined under this section.

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