By Stephen New, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In West Virginia, parents rely on day care center / child care centers to watch over or supervise their children while they are at work. It is vital that day care centers follow the applicable West Virginia laws and regulations. In addition, it is just as important that the day care center and its staff use everyday common sense and good judgment when supervising children. Pursuant to Title 78 – Code of State Rules – Department of Health and Human Resources – Division of Human Services – Section §78-1-3.2 Definitions – Adequate Supervision, a day care center has a duty to provide adequate supervision which is defined as “the observation, oversight, and guidance of the individual child or groups of children, by the staff member taking responsibility for the ongoing activity of each child or group of children so that the staff member is close enough to intervene, if necessary, to protect the child from harm. Adequate supervision requires the staff member’s physical presence, knowledge of the ]child’s program of activities, individual needs, habits, interests and special problems, if any, and the acceptance of accountability for the child’s or groups of children’s care.”
West Virginia day care centers / child care centers should follow this regulations as well as the other regulations set forth by West Virginia Law and enforced through the Department of Health and Human Resources. By providing each child with “adequate supervision”, many incidents leading to personal injuries or harm to a child can be avoided.