{"data":{"id":"us-wv/w.-va.-code-49-2-708","jurisdiction":"us-wv","citation":"W. Va. Code § 49-2-708","heading":"Rule-making authority.","body":"(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.\n(b) The rules:\n(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 occurred;\n(2) Shall require that a criminal background check be conducted at the time of the recertification;\n(3) May not prevent the placement or cause the removal of a foster child for cosmetic damage to a residence. \"Cosmetic damages\" means damage that does not affect the safety or wellbeing of a child;\n(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\n(5) Shall review and update the legislative rules while considering normalcy and the reasonable and prudent parent standard.\n(c) Notwithstanding the 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 Committee by October 31, 2019.","path":["CHAPTER 49. CHILD WELFARE.","ARTICLE 2. STATE RESPONSIBILITIES FOR CHILDREN."],"source_url":"https://code.wvlegislature.gov/49-2-708/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:30:38Z","sha256":"bfa39b8fd7d5bd7de0c91a6f5df8b932a69f5ca53468e7a55d8bcdabeb4544c8","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-49-2-707","next":"us-wv/w.-va.-code-49-2-801"},"notice":"GroundRules: Original legal text. Not legal advice."}