Wyo. Code R. 049 | Wyoming Administrative Rules 049 — Family Services, Dept. of

79 Adoption - Children and Family Services

Chapter 1 General Provisions

Wyo. Code R. 049.0001.1.04152015 General Provisions

CHAPTER I

GENERAL PROVISIONS

Section 1. Authority. These rules of the Department of Family Services (Department) are promulgated pursuant to W.S. 1-22-101 through 1-22-116, W.S. 9-2- 2104(a)(vii), and W.S. 14-3-431 (n).

Section 2. Purpose. These rules are adopted to define the role of the Department in adoption services and to protect any child(ren) who becomes a dependent of the state through court termination of parental rights and/or relinquishment of parental rights.

Section 3. Definitions.

(a) "Adoption" is the creation of a parent child relationship by judicial order between two parties who usually are unrelated; the relation of parent and child created by law between persons who are not in fact parent and child. Adoption creates a parent child relationship between the adopted child and the adoptive parents with all the rights, privileges and responsibilities that attach to that relationship.

(b) "Adoption Agency" is an agency certified by the Department to prepare and train potential adoptive families, complete adoption home studies and reports, and place child(ren) in need of permanent adoptive families.

(c) "Adoptive Family" is a couple or single person evaluated and approved for adoption by the Department pursuant to a court order or a private child placement agency, certified by the State of Wyoming or another state's certifying agency.

(d) "Adult" is a person who has achieved the age of majority as specified by state statute.

(e) "Applicant" is a couple or a single person who is applying to adopt a child(ren).

(f) "Case Plan" is the Department's written document which outlines the outcomes, goals, and tasks in order to meet the needs of the family with regards to safety, permanency and well-being of the child(ren).

(g) "Child(ren)" is the minor person who is to be adopted.

(h) "Child Placement Agencies" are private adoption agencies that are licensed or certified by the State of Wyoming or another state's jurisdiction.

(i) "Diligent Search" are efforts made to contact relatives and others.

(j) "Interstate Compact on the Placement of Children (ICPC)" is the compact in place to ensure protection and services to child(ren) who are placed across state lines for foster care or adoption.

(k) "Relinquishment" is a voluntary action on the part of the parent(s) which relinquishes custody of the child(ren) to the Department, a private child placement agency or an individual empowered by statute to assume these rights.

(l) "Resident" means that, for adoption purposes, the applicant has lived in Wyoming during the 60 days prior to the filing of the petition to adopt.

(m) "Special Needs Child(ren)" means a child(ren) who exhibits one (1) or more of the following characteristics:

(i) Has irreversible or non-correctable physical or mental disabilities;

(ii) Has physical, mental or emotional disabilities correctable through surgery, treatment or other specialized services;

(iii) Is six (6) years of age or older;

(iv) Has been in the same foster family home for a lengthy period of time, emotional ties have developed with the foster family and adoption assistance is necessary to facilitate an adoption;

(v) Is a member of a racial minority; or

(vi) Is a member of a sibling group and needs to be placed in the same home with siblings.

(n) "Subsidized Adoption" is the granting of a definite amount of financial assistance to an approved adoptive home in the adoption of a special needs child(ren) by a written Adoption Assistance Agreement.

(o) "Termination of Parental Rights (TPR)" is an action by a court of competent jurisdiction that terminates the parent-child(ren) relationship divesting a parent(s) of all legal rights and privileges to the child(ren) and relieves the child(ren) of all duties to that parent(s), except that the order may or may not divest that parent(s) of duties of support obligations.

Section 4. Application Process.

(a) The Department shall take applications for adoption services for prospective adoptive families only when ordered to do so by a court of competent jurisdiction or requested through the ICPC, when a child(ren) becomes legally available for adoption, is in the custody of the Department, and when adoption is in the Case Plan. All other individuals and families requesting adoptive home study services are to be referred to child placement agencies or adoption agencies.

(b) Pursuant to these rules, if the Department is conducting an adoptive home study, the applicant is to provide the following:

(i) Names, addresses, age, sex, race and nationality, education, work and employment record, physical description, verification of marriage(s) and divorce(s), financial statement of assets, liabilities and income, family members and others living within the home;

(ii) Names and addresses of five (5) references who have known the applicant for a minimum of two (2) years;

(iii) A general physical examination, completed within the year.

When the applicant has any chronic medical condition, further medical evaluation may be requested. Related costs shall be the responsibility of the applicant.

(iv) Autobiographies of each applicant;

(v) A statement as to the motivation to apply for adoption and the types of child(ren) the applicant is considering for adoption; and

(vi) Documentation that they are a resident of the state of Wyoming.

(c) Following the receipt of the above, the Department shall conduct interviews both at the Department field office and the applicant's home to provide the information needed to complete an adoptive home study and to assist in the evaluation of the suitability of placement of a child(ren) for adoption in that home.

(d) Central registry and fingerprint based national criminal history record checks shall be completed.

(e) Additional information related to the suitability of the applicant for adoption may be required. Related costs are the responsibility of the applicant.

(f) The Department Caseworker shall compile all of the above materials and submit to the Department District Manager for review within a reasonable time frame. Upon the Department District Manager's review of the adoptive home study, the home study shall be forwarded by the Department field office to the court initially ordering the home study either directly or through the ICPC.

Section 5. Evaluation Process.

(a) The Department Caseworker, the Caseworker's supervisor or the Department District Manager of the field office shall evaluate the applicant, including but not limited to the following areas:

(i) The applicant is an adult;

(ii) The applicant is secure in his/her current status and able to provide for the child(ren);

(iii) The applicant's health, security, income, social and emotional ability allows for stable parenting;

(vi) The applicant's motivation is one centering on the best interests of the child(ren);

(v) The applicant has handled past concerns such as divorce, marital conflict, and employment changes in a constructive manner; and

(vi) The applicant and other members of the applicant's family are open and comfortable with the sharing of adoption and biological background information with the child(ren).

(b) The adoptive home study shall include a recommendation for or against adoptive placement.

Section 6. Placement of Child(ren) in Department Custody.

(a) If the relatives and/or foster family are not an appropriate adoptive placement, the following process shall be followed in order to identify an adoptive family for the child(ren):

(i) The Department field office shall prepare a profile of the child(ren) with non-identifying information to be sent to the Department state office.

(ii) The Department state office shall forward the home studies to the field office having legal custody of the child(ren) available for adoption. The

District Manager and/or his/her designee shall select an adoptive home from the studies submitted.

(iii) If none of the adoptive home studies submitted are accepted, the Department field office shall obtain additional adoptive home studies from the Department state office.

(iv) Department field offices should not contact agencies directly for the purpose of obtaining an adoptive home study. All requests for adoptive home studies shall be made through the Department state office.

(b) In the evaluation of the adoptive home, the Department District Manager and/or his/her designee shall consider, at a minimum, the following;

(i) The prospective adoptive parent's ability to meet the needs of the child(ren);

(ii) The prospective adoptive parent(s) personalities, attitude, preferences as to the child(ren)'s age, sex, race, nationality and number of child(ren) already in the family;

(iii) The prospective adoptive parent's religious affiliation only if a certain religious preference is indicated by the biological parent when participating in the selection of an adoptive home;

(iv) The location of the child(ren)'s biological family and relatives to assure confidentiality; and

(v) The needs and the best interests of the child(ren) are to be paramount.

(c) The Department may contract with private child placement agencies and/or adoption agencies for the provision of services to include:

(i) Pre- and post adoption placement counseling of special needs child(ren) and their prospective adoptive families; and

(ii) Supervision of adoption placement of special needs child(ren) in adoptive homes.

Section 7. Subsidized Adoption.

(a) The Department may grant subsidy payments to adoptive parent(s), if at the time of placement for adoption, the following apply:

(i) The child(ren) is in the legal custody of the Department or a child(ren) placement agency certified by the state;

(ii) The child(ren) is legally free for adoption;

(iii) The Department or a certified, private child(ren) placement agency is financially responsible for the child(ren);

(iv) The child(ren) is a special needs child(ren) as defined in Chapter I, Section 3(m )of these rules;

(v) Reasonable efforts to place the child(ren) without a subsidy have proven unsuccessful; and

(vi) The Department has determined the adoptive parent can provide for the non-financial needs of the child(ren).

(b) The determination of the amount of subsidy shall be based upon the child(ren)'s needs and the circumstances of the adoptive parent.

(c) The subsidy may include, but is not limited to, medical costs, psychological counseling, maintenance and costs incurred for the adoption.

(d) Application for subsidy is to be made by the adoptive parent on behalf of the child(ren). Application shall be made on a form provided by the Department.

(e) With the exception of item (f) below, the amount of the adoption assistance payment shall be less than the foster care maintenance payment the child(ren) received or would receive in a foster family home.

(f) Payment of one-time, non-recurring expenses related to the facilitation of a special needs adoption may be provided by the Department.

(g) After the subsidy is agreed upon by the Department in consultation with the adoptive parents, an Adoption Assistance Agreement shall be signed by all the parties.

(h) The Adoption Assistance Agreement shall be completed prior to the finalization of the adoption.

(i) The Adoption Assistance Agreement shall be reviewed at least annually to determine if the terms of the Adoption Assistance Agreement have changed

or remain the same. The adoptive parent is required to sign a form provided by the Department indicating:

(i) If the child(ren) has reached his/her 18th birthday, are there any mental or physical disabilities which warrant the continuation of the Adoption Assistance Agreement;

(ii) If the adoptive parent continues to be legally responsible for the support of the child(ren), and is providing financial support for the child(ren);

(iii) If the child(ren) continues to reside in the home of the adoptive parent;

(iv) If there are any changes in the household that would affect the Adoption Assistance Agreement; and

(v) If the adoptive parent wants to continue to receive the Adoption Assistance Agreement amount.

(j) Once the child(ren) has been determined eligible, the Adoption Assistance Agreement continues in effect regardless of the state of residence.

(i) The adoptive parent must notify the Department of any change in his address.

(ii) The Department state office shall notify the new state of the child(ren)'s eligibility status for Medicaid coverage once the information is received from the adoptive parent and request is made for Medicaid.

(iii) The Department is responsible for payment of the subsidy amount to the adoptive parent in his/her new state of residence.

(iv) In the situation where a child(ren) is adopted and receives title IV-E adoption assistance, but the adoption later dissolves or the adoptive parent(s) die, a child(ren) may continue to be eligible for title IV-E adoption assistance in a subsequent adoption.

(k) If an on-going subsidy (the cash payment and Medicaid portion) is not in place, the Adoption Assistance Agreement shall terminate upon payment of the non-recurring costs.

Section 8. Sealing Adoption Records.

(a) The Department state office shall maintain adoption records on infants and child(ren) in Department custody who are placed for adoption, as well as adoptions related to the ICPC.

(b) Within 90 days of finalization of adoption, the Department field office shall forward its adoption file to the Department state office for sealing. The adoption file shall include the following documents, if available:

(i) The Final Decree of Adoption;

(ii) The Relinquishment or Termination of Parental Rights Order;

(iii) Consent of the Department District Manager or his/her designee to Adoption;

(iv) Placement Agreement with Adoptive Parents;

(v) Birth parent's medical history; and

(vi) Child(ren)'s medical history.

(c) If certain court documents, such as the Final Decree of Adoption, are not made available to the Department field office, then it shall be noted in the file that such a document is available in the District Court where the adoption was finalized.

(d) If an Adoption Assistance Agreement is in place, a separate file shall be maintained at the Department field office, which shall include items determined by the Department and be under the adopted name of the child(ren).

Section 9. Access to Department Adoption Records.

(a) The contents of adoption files are confidential and access to the information is limited by law.

(b) If the adoptive parents, birth parents, siblings of adopted child(ren) or adult adoptee's request access to their files, they should be referred to the Department state office for assistance.

(c) Non-identifying medical information may be provided to the adoptive parents or the adult adoptee without benefit of court order.

(i) The above individuals are to write to the Department state office and request that information.

(ii) In the request letter, the names of the adoptive parent, the adopted child(ren), the date of birth of the child(ren) and, if possible, the place of birth or the county where the adoption was finalized need to be included.

(iii) The letter shall be signed and dated by the person making the request for information.

(iv) Information shall be provided, when available from those files maintained by the Department, to include all available information regarding conditions or diseases believed to be hereditary, any drugs or medication taken during pregnancy and any other information which may be a factor influencing the child(ren)'s health.

(d) There is no provision to provide birth parents with non-identifying medical information, but if they wish to add something to the adoption file, they may do so by writing the Department state office.

(e) All other access to adoption files is accomplished only by order of the District Court.

Section 10. Review Process.

(a) Application/Home Study Review Process. If the Department completes a home study and makes a recommendation against an adoptive placement, the applicant may request a meeting with the Department District Manager in the field office where the home study was completed.

(b) Adoption Assistance Agreement Review Process. If an Adoption Assistance Agreement is denied, terminated, or modified, the Department District Manager or his/her designee shall notify the adoptive parent of that decision in writing.

(i) If the adoptive parent does not agree with that decision, regarding the Adoption Assistance Agreement, the adoptive parent shall write to the Department District Manager or his/her designee within 30 calendar days from the date of the adverse decision and request that a fair hearing be scheduled.

History

Effective 2015-04-15

80 Adult Protective Services

Chapter 1 General Provision, Criminal Penalties, Adult Protection Teams

Wyo. Code R. 049.0002.1.10052023 General Provision, Criminal Penalties, Adult Protection Teams

CHAPTER 1

GENERAL PROVISIONS, CRIMINAL PENALTIES, ADULT PROTECTION TEAMS

Section 1. Authority. These Rules of the Department of Family Services are promulgated pursuant to Wyo. Stat. § 35-20-104(a)(ii).

Section 2. Purpose. These Rules are adopted to implement the Department's responsibilities under the Adult Protective Services Act (Wyo. Stats. §§ 35-20-102 through 35-20-116) relating to adult protective services in Wyoming, to assist in the administration of the Department's programs, to assure the safety and well-being of vulnerable adults and to articulate penalties for abuse, neglect, intimidation, abandonment, self-neglect and exploitation of a vulnerable adult pursuant to Wyo. Stat. § 6-2-507.

Section 3. Severability. If any provision of these Rules or the application thereof to any person, program, service or circumstance is held invalid, the invalidity shall not affect other provisions or applications of these Rules. To the extent that these Rules can be given effect without the invalid provision, the provisions of these Rules are severable.

Section 4. Definitions.

(a) "Abandonment" means leaving a vulnerable adult without financial support or the means or ability to obtain food, clothing, shelter or health care.

(b) "Abuse" means the intentional or reckless infliction, by the vulnerable adult's caregiver, a person of trust or authority, professional, family member or another individual of:

(i) Injury;

(ii) Unreasonable confinement which threatens the welfare and well being of a vulnerable adult; or

(iii) Cruel punishment with resulting physical or emotional harm or pain to a vulnerable adult; or

(iv) Photographing vulnerable adults for immoral or illegal purposes without the vulnerable adult's written consent; or

(v) Sexual abuse; or

(vi) Intimidation; or

(vii) Exploitation.

(c) "Action Plan" means the written plan developed by the caseworker in cooperation with the vulnerable adult, caregiver and others as needed, to determine what outcome is desired, what actions and services are indicated and who is responsible for taking the action and/or arranging/providing the service.

(d) "Administrator" means the director of the Wyoming Department of Family Services or designee.

(e) "Adult Protective Services Act" means the Act relating to adult protective services in Wyoming, to assist in the administration of the Department's programs, and to assure the safety and well being of vulnerable adults, pursuant to Wyo. Stats. §§ 35-20-102 through 35-20-116.

(f) "Adult Protection Team" means the formal organization of professionals or individuals with appropriate expertise assembled to assist and coordinate adult protection activities with the Department and other agencies or organizations that serve vulnerable adults.

(g) "Advanced Age" means a person who is sixty (60) years of age or older.

(h) "Agency" means any division, institution or program within a Department of the state and all institutions, boards and programs administering, planning and providing for services under the supervision of a director, and counties, municipal corporations, school districts, community college districts, joint powers boards or special districts specifically involved in providing government facilities or functions, and all private or non-profit organization involved in providing human services, or the regulation of human services, to vulnerable adults.

(i) "Capacity to consent" means the ability to understand and appreciate the nature and consequences of making decisions concerning one's person, including, provisions for health or mental health care, food, shelter, clothing, safety or financial affairs. This determination may be based on assessment or investigative findings, observation or medical or mental health evaluations.

(j) "Caregiver" means any person or in-home service provider (the Department of Family Services shall not serve as a caregiver) responsible for the care of a vulnerable adult because of:

(i) A family relationship; or

(ii) Voluntary assumption of responsibility for care; or

(iii) Court ordered responsibility or placement; or

(iv) Rendering services in an adult workshop or adult residential program; or

(v) Rendering services in an institution or in a community -based program; or

(vi) Acceptance of a legal obligation or responsibility to the vulnerable adult through a power of attorney, advanced health care directive or other legal designation.

(k) "Caseworker" means an employee of the Department who provides adult protection services; family social services and/or counseling services to clients; gathers information; composes social histories as part of an information base for treatment or social services programs; conducts investigations as a basis for case decisions; conducts assessments relative to risk and needs factors; prepares case plans; monitors client progress; documents all client contact and writes summary reports; provides counseling or makes referrals as appropriate; and prepares documentation for court proceedings.

(l) "Central Registry" means an electronic registry maintained pursuant to Wyo. Stats. §§ 35- 20-115 through 35-20-116.

(m) "Collateral contact" means obtaining information concerning the living situation of the vulnerable adult from an individual who has knowledge of the circumstances but was not directly involved in referring the vulnerable adult for adult protective services.

(n) "Conservator" means a person appointed by a court of proper jurisdiction to have the custody and control of the property of a vulnerable adult.

(o) "Court" means the district court in the district (or county) where the vulnerable adult resides or is found.

(p) "Department" means the Wyoming Department of Family Services or its designee.

(q) "District office" means one of the geographic divisions within the Department of Family Services through which Department programs and services are administered.

(r) "Emergency services" means those services that may be provided to assist vulnerable adults to prevent or terminate abuse, neglect, exploitation, intimidation or abandonment until the emergency has been resolved.

(s) "Exploitation" means the reckless or intentional act taken by any person, or any use of the power of attorney, conservatorship or guardianship of a vulnerable adult. In the absence of legal authority to:

(i) Obtain control through deception, harassment, intimidation or undue influence over the vulnerable adult's money, assets or property with the intention of permanently or temporarily depriving the vulnerable adult of the ownership, use, benefit or possession of his money, assets or property in the absence of legal authority:

(ii) Employ the services of a third party for the profit or advantage of the person or another person to the detriment of a vulnerable adult;

(iii) Force, coerce or entice a vulnerable adult to perform services for the profit of another against the will of the vulnerable adult.

(iv) Intentionally misuse the principal's property and, in so doing, adversely affect the principal's ability to receive health care or pay bills for basic needs or obligations; or

(v) Abuse the fiduciary duty under a power of attorney, conservatorship or guardianship.

(t) "Facility" means any board and care home such as, but not limited to, adult workshops, adult day care, adult residential programs, nursing homes, adult group homes, adult foster homes, assisted living homes, and institutions.

(u) "Guardian" means the person appointed by a court of proper jurisdiction to have guardianship of the person of the vulnerable adult. Guardianships may be limited to specific needs of the vulnerable adult. See also Title 3 of the Wyoming Statutes, Guardianship and Ward.

(v) "Injunction" means an order granted by a court of proper jurisdiction whereby one person or agency is required to do or refrain from doing a specified act.

(w) "Injury" means any harm, including disfigurement, impairment of any bodily organ, skin bruising, laceration, bleeding, burn, fracture or dislocation of any bone, subdural hematoma, malnutrition, dehydration or pressure sores.

(x) "Intimidation" means the communication by word or act to a vulnerable adult that he, his family, friends or pets will be deprived of food, shelter, clothing, supervision, prescribed medication, physical or mental health care and other medical care necessary to maintain a vulnerable adult's health, financial support or will suffer physical violence.

(y) "Local office" means the nearest office of the Department where the vulnerable adult resides, through which Department programs and services are administered.

(z) "Major injury" means any consequence of an act or failure to act which impairs the vulnerable adult's physical or mental health.

(aa) "Mental disability" means a condition causing mental dysfunction resulting in an inability to manage resources, carry out the activities of daily living or protect oneself from neglect, abuse, exploitation or hazardous situations without assistance from others. Whether or not a mental dysfunction of such degree exists is subject to an evaluation by a licensed psychologist, psychiatrist or other qualified licensed mental health professional or licensed physician, if disputed.

(bb) "Neglect" means the deprivation of, or failure to provide, the minimum food, shelter, clothing, supervision, physical and mental health care, other care and prescribed medication as necessary to maintain a vulnerable adult's life or health, or which may result in a life-threatening situation. The withholding of health care from a vulnerable adult is not neglect if:

(i) Treatment is given in good faith by spiritual means alone, through prayer, by a duly accredited practitioner in accordance with the tenets and practices of a recognized church or religious denomination;

(ii) The withholding of health care is in accordance with a declaration executed pursuant to Wyo. Stats. §§ 35-22-401 through 35-22-416; or

(iii) Care is provided by a hospice licensed in accordance with and pursuant to Wyo. Stats. §§ 35-2-901 through 35-2-910.

(cc) "Physical disability" means any condition which would limit a person in their ability to independently manage resources, carry out activities of daily living, or carry out independent activities of daily living.

(dd) "Professional reporter" means a physician or person in charge of an institution, school, facility or agency making a report under Wyo. Stat. § 35-20-111.

(ee) "Preponderance of the Evidence" means the available facts when viewed in light of surrounding circumstances would cause a reasonable person to believe a vulnerable adult was or is being abused, neglected, intimidated, exploited or abandoned.

(ff) "Protective services" means those emergency services that are provided in a coordinated effort facilitated by the Department within communities to assist vulnerable adults to prevent or terminate abuse, neglect, exploitation, intimidation or abandonment until the vulnerable adult no longer needs those services. These may include social casework, case management, emergency, short term in-home services such as, homemaker, personal care or chore services, day care, social services, psychiatric or health evaluations and other emergency services consistent with the Adult Protective Services Act, Wyo. Stats. §§ 35-20-102 through 35-20-116.

(gg) "Self-neglect" means when a vulnerable adult is unable, due to physical or mental disability, or refuses to perform essential self-care tasks, including providing essential food, clothing, shelter, or medical care, obtaining goods and services necessary to maintain physical health, mental health, emotional well-being and general safety, or managing financial affairs.

(hh) "Sexual abuse" means a sexual contact including, but not limited to, unwanted touching, all types of sexual assault or battery as defined in Wyo. Stats. §§ 6-2-302 through 6-2-304, sexual exploitation and sexual photographing. Sexual abuse is included in the definition of abuse under Section 4(b).

(ii) "Substantiated report" means any report of abandonment abuse, exploitation, intimidation, or neglect pursuant to Wyo. Stats. §§ 35-20-101 through 35-20-116 that is determined upon investigation to establish that a preponderance of the evidence of the alleged abandonment abuse, neglect, exploitation or abandonment exists.

(jj) "Unsubstantiated report" means any report that is unfounded or not supported by a preponderance of the evidence.

(kk) "Vulnerable adult" means any person eighteen (18) years of age or older who is unable to manage and take care of himself or his money, assets or property without assistance as a result of advanced age or physical or mental disability.

Section 5. Confidentiality. Except for appropriate application for access to the Central Registry pursuant to Wyo. Stat. § 35-20-116, records of the Department pertaining to a vulnerable adult receiving protective services under the Adult Protective Services Act are not open to public inspection. Information contained in those records shall not be disclosed to the public in any manner that will identify any individual except as authorized by law. The records may be made available for inspection only upon application to the court pursuant to Wyo. Stat. § 35-20-112 or unless otherwise authorized by law. Procedures for exchanging information are included in Chapter 2, Section 12, of these Rules.

Section 6. Criminal Penalties. Wyo. Stat. § 6-2-507 makes certain acts of abuse, neglect, abandonment, intimidation, or exploitation of a vulnerable adult a criminal offense; and penalties are defined. Wyo. Stat. § 6-2-507 also provides for various criminal penalties which includes registration of the offender's name on the central registry.

Section 7. Adult Protective Services Community Teams.

(a) The Department's local office manager shall develop, facilitate and participate in the Adult Protection Teams within communities or local jurisdictions.

(b) Members of the Adult Protection Team shall include a Department representative and may also include, but are not limited to:

(i) Law enforcement representative;

(ii) County attorney;

(iii) Public health nurse;

(iv) Mental health professional;

(v) Senior citizen center staff;

(vi) Developmental disabilities specialist;

(vii) Domestic violence counselor;

(viii) Victims' assistance advocate;

(ix) Medical professional;

(x) Department of Health, Office of Health Facilities representative;

(xi) Community Animal Control Officer;

(xii) Department of Family Services protective services supervisor;

(xiii) Ambulance Service personnel;

(xiv) Long Term Care Ombudsman;

(xv) Housing personnel, community members;

(xvi) Meals on Wheels staff; or

(xvii) Faith-based representation.

(c) The Department's local office manager is the chairperson of the Adult Protection Team. If the Department's local office manager elects not to chair the Adult Protection Team, the team may elect its own chairperson. The team may be chaired by someone other than Department but a representative of the Department must be present at the meetings.

(d) Each Adult Protection Team may develop operating policies. Any such operating policy shall include procedures for the selection of officers, scheduling of meetings, selection of cases for review and public education projects.

(e) The Adult Protection Team shall support adult protection activities which includes, support and/or participation in local health fairs, Elder Abuse Awareness Day, and state and other community events in conjunction with the Department's local office and other community partners to assure the safety and well being of vulnerable adults.

(f) Adult Protection Team activities may include, but are not limited to:

(i) Staffing cases to advise and support the Department in determining necessary actions and services;

(ii) Community education and awareness which shall be recorded with the Department;

(iii) Facilitating the provision of needed services;

(iv) Review of fatality cases that may have been related to abuse, neglect, exploitation, abandonment or self-neglect;

(v) Referral to a law enforcement agency; and/or

(vi) Referral to support services and partnering agencies.

(g) Records of the Adult Protection Team shall be confidential pursuant to Wyo. Stats. §§ 35-20-108 and 35-20-112. In order to facilitate services to a vulnerable adult, the Department is authorized to divulge case particulars to Adult Protection Team members who sign a confidentiality agreement to protect the confidentiality of individual cases discussed at Adult Protection Team meetings.

(h) The Department may form a State Level Adult Protection Team. Team membership may consist of representatives from other state agencies who have the appropriate expertise within the adult protection arena. Activities of a State Level Adult Protection Team may include those activities of an Adult Protection Team listed in Section 7(f) above. In addition, members shall form a statewide Fatality Review Team.

History

Effective 2023-10-05

Chapter 2 Reports of Suspected Adult Abuse, Neglect, Exploitation, Abandonment, Intimidation or Self-Neglect of Vulnerable Adults

Wyo. Code R. 049.0002.2.12232024 Reports of Suspected Adult Abuse, Neglect, Exploitation, Abandonment, Intimidation or Self-Neglect of Vulnerable Adults

CHAPTER 2

REPORTS OF SUSPECTED ADULT ABUSE, NEGLECT, EXPLOITATION, ABANDONMENT, INTIMIDATION OR SELF-NEGLECT OF VULNERABLE ADULTS

Section 1. Reporting.

(a) Any person or agency who knows or has reasonable cause to believe that a vulnerable adult is being or has been abused, neglected, exploited, abandoned, intimidated or is committing self-neglect, shall report the information immediately to a law enforcement agency or the Department. Anyone, who in good faith makes a report pursuant to this section, is immune from civil liability for making the report pursuant to W.S. 35-20-103. Law enforcement agencies include, but are not limited to, the following:

(i) Municipal police;

(ii) County sheriff's department;

(iii) Highway patrol;

(iv) Medicaid Fraud Control Unit of the Attorney General's Office; and/or

(v) Department of Criminal Investigation.

(b) The report may be made orally or in writing. A faxed copy may require telephone verification to clarify information provided or if the report is not legible. The report shall provide the law enforcement agency or the Department the following information, to the extent available:

(i) The name, age and address of the vulnerable adult;

(ii) The name and address of any person responsible for the vulnerable adult's care;

(iii) The nature and extent of the vulnerable adult's condition;

(iv) The basis of the reporter's knowledge;

(v) The adequacy of the facility environment;

(vi) Any evidence of previous injuries;

(vii) Any collaborative information; and

(viii) Any other relevant information.

(c) The name and identifying information of the person who reported the suspected abuse or neglect shall be kept confidential, except as required by law. Anonymous reports may be accepted. If documents are shared outside of the Department, including to law enforcement, confidentially of the reporter must be honored.

Section 2. Intake.

(a) All reports of suspected abuse, neglect, exploitation, abandonment, intimidation or self-neglect shall be entered into the Department's data system.

(b) All reports shall be screened to determine whether the allegation meets the statutory definitions of vulnerable adult abuse, neglect, exploitation, abandonment, intimidation or self-neglect. The alleged victim's defined or assumed capacity to consent does not determine if a case should or should not be opened.

(i) Identify and locate the vulnerable adult and determine if the adult lives with a caregiver, family member, or individual in a domestic or facility setting or is a vulnerable adult living alone;

(ii) Assess the severity of the situation and consider the urgency of the response; and

(iii) Determine if the report requires contact with an outside agency, and if so, which outside agency should be contacted.

(d) Evidence of a person's advanced age, physical limitations, and/or mental incapacity may be provided by any or all of the following:

(i) Intake caseworker's assessment from information provided by reporter or collateral contacts;

(ii) Information from pre-existing documents such as medical, court, and adult protective services records;

(iii) Information received from a person having credible information or knowledge of the condition of the vulnerable adult; or

(iv) Physician's, psychologist's, mental health professional's, or medical professional's evaluation.

(e) The caseworker shall check records to obtain pertinent information, including past Department involvement with either facility or caregiver, as appropriate.

Section 3. Accepted and Rejected Reports.

(a) Reports not rejected shall be accepted for prevention, assessment or investigation.

(b) The Department may make collateral contacts for the purpose of assessing the safety of the vulnerable adult and clarifying or establishing the credibility of the report. When determining if collateral contacts should be made, the caseworker shall weigh:

(i) The allegations contained in the report;

(ii) The severity of the incident; and

(iii) The likelihood that the collateral contact will have relevant information about the allegations or the incident.

(c) The Department shall notify the local law enforcement agency when a report of abuse, neglect, exploitation, abandonment, intimidation or self-neglect of a vulnerable adult is received.

(d) In-person contact shall be immediately attempted with the alleged victim when the report alleges any of the following:

(i) A major injury;

(ii) A vulnerable adult is suffering from an acute, untreated medical condition;

(iii) A vulnerable adult is in danger of sustaining imminent harm; or

(iv) A vulnerable adult is alleged to be a victim of abandonment.

(e) The caseworker shall make in-person contact with the vulnerable adult within three (3) calendar days of the receipt of an accepted report. If a caregiver, family or individual refuses to allow contact with the vulnerable adult or is not cooperative, the Department may request further assistance from a law enforcement agency to gain access. In addition, the Department may also request assistance for filing an injunction to gain access from a District/County Attorney's office or the Attorney General.

(f) The caseworker and/or a law enforcement officer may make in-person contact with the caregiver, family, or individual, and the alleged perpetrator. If law enforcement takes the lead on the in-person contact then the three (3) day in-person contact is not required for the caseworker.

(g) In-person contact is not required when the caseworker has made a good faith attempt to contact the vulnerable adult and the vulnerable adult cannot be located.

(h) The Department shall reject the following reports:

(i) The report is not about a vulnerable adult;

(ii) Reports in which the allegations fall outside the definition of abuse, neglect, exploitation, abandonment, intimidation or self-neglect of a vulnerable adult, unless opening for prevention which does not require a specific allegation;

(iii) Reports in which the reporter cannot provide any credible information or reason to suspect that abuse, neglect, exploitation, abandonment, intimidation or self-neglect has occurred or is occurring to a vulnerable adult, unless assigned to the prevention track;

(iv) Reports in which insufficient information is given to identify or locate the vulnerable adult;

(v) Reports of a malicious nature as established by specific credible evidence; and

(vi) Reports in which the Department has previously received a report on the same incident and documented verification that services are being provided to the vulnerable adult.

(i) Reports shall be rejected at the supervisory level and documented in the Department's data system.

Section 4. Prevention Track.

(a) The supervisor shall assign cases to the Prevention Track within twenty-four (24) hours of the report where there are no allegations of abuse or neglect, and to prevent problems from escalating to a level where assessment or investigation services are needed.

(b) The caseworker shall attempt an in-person contact within three (3) calendar days of the report.

Section 5. Assessment Track.

(a) The supervisor shall assign cases to the Assessment Track within twenty-four (24) hours of the intake of a report of abuse, neglect, exploitation, intimidation, abandonment or self-neglect which does not meet the criteria for the Investigation Track.

(b) Reports in the Assessment Track can be reassigned to the Investigation Track as new or additional information is obtained and reviewed.

Section 6. Investigation Track.

(a) The supervisor shall assign cases to the Investigation Track within twenty-four (24) hours of a report of abuse, neglect, exploitation, intimidation, self-neglect or abandonment. A report will be assigned to the Investigation Track if it includes any of the following criteria;

(i) Death;

(ii) Brain damage, bone fracture, extensive burns or other serious bodily injury;

(iii) Sexual assault;

(iv) Exploitation, to include financial or sexual;

(v) Evidence of severe neglect; or

(vi) Any other activity which may constitute a crime or which places the vulnerable adult in imminent danger of death or serious bodily harm.

(b) Reports where criminal charges may be pursued shall be assigned to the Investigation Track and shall be coordinated with the appropriate law enforcement agency.

(c) The Department shall immediately contact the appropriate law enforcement agency and the district/county attorney for Investigation Track cases.

(d) Any investigations may be teamed with a law enforcement agency.

(i) If financial exploitation is reported to the Department and the Department requests a hold on an alleged victim's transaction, the Department shall notify the banking institution.

(ii) If financial exploitation is reported to law enforcement, the caseworker shall keep the file open until a final report is received from law enforcement, and if no prosecution, substantiation of the allegation may be possible.

(e) The Department shall attempt in-person contact immediately with the alleged victim when the report meets the immediate response criteria in Section 6(d) of these Rules.

(f) Unless Section 6(e) applies, the caseworker shall make in-person contact with the vulnerable adult within three (3) calendar days of the receipt of the report. The caseworker and/or a law enforcement officer may make in-person contact with the caregiver, family, individual, and/or the alleged perpetrator. If law enforcement takes the lead on the in-person contact then the three (3) day in-person contact would not be required for the caseworker. In-person contact is not required when the caseworker has made a good faith attempt to contact the vulnerable adult and the vulnerable adult cannot be located.

(g) When conducting initial in-person interviews:

(i) The alleged perpetrator shall not be present during the initial interview of the alleged victim; and

(ii) During the initial in-person interview with the vulnerable adult's caregiver, which may include a legal guardian, the caseworker shall inform the person being interviewed orally and in writing that:

(A) A report has been received and it is the Department's duty to investigate;

(B) The investigation may involve a law enforcement agency or the court if needed to protect the vulnerable adult from further abuse, neglect, exploitation, neglect, intimidation, and/or abandonment; and

(h) During the initial interview of the alleged perpetrator, the caseworker shall inform the alleged perpetrator, orally and in writing that:

(i) A report has been received against him or her, and the Department has the duty to investigate; and

(ii) The investigation may involve a law enforcement agency or the court if needed to protect the vulnerable adult from any further abuse, neglect, exploitation, intimidation or abandonment.

(i) The Department shall provide the law enforcement agency with all case records in the investigation, when requested.

(j) The caseworker may coordinate needed services and assist the law enforcement officer when requested (e.g., interviewing other significant individuals).

(k) If the caseworker receives the law enforcement agency's investigative reports, the caseworker may use the law enforcement agency's investigative reports to substantiate the abuse, neglect, exploitation, abandonment, and intimidation of a vulnerable adult for the purposes of placing the name of the alleged perpetrator on the Central Registry. This is only acceptable from law enforcement and not for an investigative report completed by another agency or facility.

(l) Photographs:

(i) The caseworker shall take or obtain photographs of a vulnerable adult when the vulnerable adult has observable marks, injuries or an appearance believed to be caused by abuse or neglect.

(ii) If voluntary consent is not given by the vulnerable adult or guardian and photographs need to be obtained, the Department shall request assistance for obtaining such evidence from a law enforcement agency or the district/county attorney.

(m) The investigation process may be adjusted with the District Manager's written approval, to include timelines, when the investigation is conducted by a law enforcement agency or at the request of the law enforcement agency.

(n) If an emergency exists and the vulnerable adult lacks the capacity to consent to protective services, the caseworker shall contact the Office of the Attorney General or the district/county attorney to petition the court for an order pursuant to W.S. 35-20-107 for emergency protective services.

(o) The caseworker shall develop an action plan of intervention and referral services for the vulnerable adult which contain necessary actions to provide for the safety and wellbeing of the vulnerable adult.

(p) At the end of the investigation, the caseworker shall refer the case for necessary services from the Department to outside agencies in the service area, which include, but are not limited to:

(i) Public Health Nursing;

(ii) The Department of Health, Aging Division;

(iii) Department of Health, Medicaid;

(iv) The Department of Health, Division of Developmental Disabilities;

(v) The Department of Health, Division of Mental Health;

(vi) Domestic Violence/Victim Assistance programs;

(vii) Wyoming Guardianship Corporation; and/or

(viii) Community Mental Health and Substance Abuse Centers.

(q) Each case under investigation by the Department or a law enforcement agency must be determined to be substantiated or unsubstantiated.

(i) The Department shall substantiate all reports where a court has accepted a criminal plea of guilty or nolo contendere, or a civil or criminal court has made a finding that the alleged perpetrator committed certain acts that constitute abuse, neglect, exploitation, intimidation or abandonment under these Rules.

(ii) Each substantiated report of abuse, neglect, exploitation, intimidation or abandonment of a vulnerable adult pursuant to the Adult Protective Services Act shall be entered and maintained within the Central Registry of vulnerable adult protection cases.

(r) Notice of findings:

(i) The Department shall provide professional reporters, a written summary of the records concerning the subject of the report, upon written application to the state agency,

(ii) The Department shall inform the vulnerable adult, caregiver, family, individual which may include the legal guardian, and the alleged perpetrator(s) in writing of the conclusion of the Department's investigation.

(iii) In substantiated cases, the Department shall inform the alleged perpetrator in writing that:

(A) His or her name has been entered on the Central Registry;

(B) He or she may respond in writing to the findings of the investigation and such statement shall be included with the Central Registry report; and

(iv) In substantiated cases which involve licensing and funding by a governmental agency, the Department shall send notice of the substantiation to the appropriate agencies pursuant to Chapter 2, Section 6 of these Rules.

(s) In all substantiated or unsubstantiated cases, the findings shall be documented in the Department's data system.

(t) The caseworker shall provide the district/county attorney with a written report of substantiated abuse, neglect, exploitation, abandonment, or intimidation of a vulnerable adult within seven (7) days of such determination unless emergency intervention dictates immediate notification.

(u) When the Department receives a report that a person has been convicted of, or has pled guilty or no contest to, a crime, which includes the abuse, neglect, exploitation, intimidation or abandonment of any vulnerable adult, that conviction shall be maintained on the Central Registry.

(v) Reports in the Investigation Track can be reassigned to the Assessment Track as new or additional information is obtained and reviewed.

Section 7. Assessments or Investigations Concerning Facilities.

(a) When the Department receives a report of the abuse, neglect, intimidation or exploitation of a vulnerable adult in a facility, the person receiving the report shall notify the following agencies, as appropriate:

(i) Medicaid Fraud Control Unit of the Attorney General's Office for all reports of abuse, neglect, exploitation, intimidation, and financial fraud in facilities that are Medicaid providers or where the alleged victim is a Medicaid recipient;

(ii) Department of Health, Office of Health Care Licensing and Survey or Aging Division, for all allegations of abuse, neglect and/or misappropriation of residents' property, and all licensing violations in licensed, certified and or non-certified facilities in their jurisdiction (including the Wyoming State Hospital);

(iii) Department of Health, Developmental Disabilities Division, for reports involving a facility licensed through that Division;

(iv) Department of Health, Mental Health Division for any residential program under the jurisdiction of the Division and the Wyoming State Hospital; (Wyoming Pioneer Home, Wyoming State Training School, Wyoming Retirement Center and the Veteran's Home)

(v) Long-Term Care Ombudsman for complaints or reports from residents in facilities;

(vi) State Board of Nursing for any report that involves a registered nurse, licensed practical nurse or certified nurse; and/or

(vii) Other licensing boards (e.g., Occupational Therapy or Professional Teacher Standards Board).

Section 8. Service Provision.

(a) Protective services may be provided or purchased by the Department to assist vulnerable adults to prevent or terminate abuse, neglect, self-neglect, exploitation, intimidation or abandonment in open cases until no longer needed.

(b) During the initial in-person interview with the vulnerable adult and/or caregiver, family, or individual, the caseworker shall inform them that:

(i) The Department received a report and has a duty to assess the report;

(ii) The Department shall assess the safety of the vulnerable adult; and

(iii) The Department shall refer the report for investigation if needed to protect the vulnerable adult from abuse, neglect, exploitation, intimidation, self-neglect or abandonment.

(c) Costs incurred to furnish protective services may be paid by the Department unless the vulnerable adult is eligible for protective services from another governmental agency or any other source, such as, but not limited to:

(i) Public Health;

(ii) Department of Health, Aging Division;

(iii) Department of Health, Medicaid;

(iv) Department of Health, Division of Mental Health;

(v) Department of Health, Division of Developmental Disabilities; and/or

(vi) A court appoints a guardian or conservator and orders that the costs be paid from the vulnerable adult's estate.

(d) The Department shall assist the vulnerable adult and his/her support system in identifying, locating and accessing services.

(e) Case assessment includes a process of evaluating the vulnerable adult's needs and available services. The caseworker shall refer to those services available from agencies other than the Department which may include, but are not limited to:

(i) Public Health Nurse;

(ii) Department of Health, Aging Division;

(iii) Department of Health, Medicaid;

(iv) Department of Health, Division of Mental Health;

(v) Department of Health, Division of Substance Abuse;

(vi) Department of Health, Developmental Disabilities Division;

(vii) Domestic Violence/Victim Assistance Programs;

(viii) Wyoming Guardianship Corporation; and/or

(ix) Community Mental Health and Substance Abuse Centers.

(f) Based on information obtained at intake, the caseworker may seek assistance in the initial assessment by outside persons or agencies such as, but not limited to:

(i) Public Health Nurse;

(ii) Mental Health Professional;

(iii) Members of the Adult Protective Services Team, as needed; and/or

(iv) Law Enforcement Officers.

(g) A written action plan shall be completed by the Department on all cases that remain open for services. The action plan shall include services that are to be provided by the Department and community service agencies to provide for the safety and wellbeing of the vulnerable adult, and any relevant actions to be taken by the vulnerable adult and caregiver, family or individual.

(h) Court-ordered injunction(s). When a vulnerable adult needs protective services and the caregiver, family, or individual refuses to allow the provision of those services, the Department, through the Office of the Attorney General or the district/county attorney, may petition the court for an order pursuant to W.S. 35-20-106 enjoining the caregiver from interfering with the provision of protective/emergency services. If access to the vulnerable adult is denied to law enforcement or the Department seeking to investigate a report of abuse, neglect, exploitation, abandonment, intimidation or self-neglect of a vulnerable adult, the investigator, through the Office of the Attorney General or the district/county attorney, may seek an injunction pursuant to W.S. 35-20-110 to prevent interference with the investigation.

(i) Court-ordered emergency protective services. If an emergency exists and the Department has reasonable cause to believe that a vulnerable adult is at risk for abuse, neglect, self-neglect, exploitation, intimidation or abandonment and lacks the capacity to consent to protective services, the caseworker shall contact the Office of the Attorney General or the district/county attorney to petition the court pursuant to W.S. 35-20-107 for an order for emergency protective services. Emergency protective services may include the vulnerable adult being placed in a hospital or other suitable facility. The court's initial order for emergency protective services shall remain in effect for a period not to exceed the timelines pursuant to W.S. 35-20-107. The order may be extended pursuant to the timelines in W.S. 35-20-107 if the court finds an extension is necessary to remove the emergency.

(j) If a court places the vulnerable adult in a hospital or other suitable facility pursuant to a petition for emergency protective services from the Office of the Attorney General or district/county attorney, the Department shall immediately notify the person responsible for the care and custody of the vulnerable adult, if known. The court's initial order for emergency protective services shall remain in effect for a period not to exceed the timelines pursuant to W.S. 35-20-107. Notification shall not be required if the alleged perpetrator is the person responsible for the care and custody of the vulnerable adult unless the court orders the notification.

Section 9. Consent to Service.

(a) Vulnerable adults are presumed to possess the ability to consent to or refuse protective services. A vulnerable adult shall not be required to accept protective/emergency services without his/her consent.

(b) If the caseworker believes that the vulnerable adult's ability to understand and appreciate the nature and consequences of their decisions is impaired, the caseworker shall immediately take steps to arrange for a professional mental capacity evaluation if the caseworker reasonably believes that the vulnerable adult's ability to understand and appreciate the nature and consequences of their decisions is impaired. Until the vulnerable adult's capacity to consent is determined, the caseworker shall provide only those services agreed to by the vulnerable adult.

(c) If the vulnerable adult has a guardian or has appointed an agent under a durable power of attorney, the guardian or agent may act on behalf of the vulnerable adult.

(d) The caseworker shall explain to the vulnerable adult the protective services which can be provided and he/she has the right to accept or reject services. If appropriate, the vulnerable adult shall be referred for services according to the least restrictive services within the continuum of care in each respective community.

(e) When a caregiver, family member, or individual is unwilling to accept services for a vulnerable adult, the Department may seek court intervention. The Attorney General or the district/county attorney may petition the court for an order pursuant to W.S. 35-20-106 enjoining the caregiver, family member, or individual from interfering with the provision of protective services.

Section 10. Case Closure.

(a) A case shall be closed when:

(i) Investigation, prevention, or assessment is complete;

(ii) Protective services, as indicated by the Department, have been concluded; and/or

(iii) Necessary referrals to other agencies have been made.

(b) Case closure shall be documented in the Department's data system with information on the disposition of the case, such as:

(i) Referral to an outside agency;

(ii) Any court action, such as guardianship;

(iii) Case determination; and/or

(iv) If prosecution is pending.

(c) In all cases, the caseworker may conduct a follow-up visit(s) after the case is closed to validate the vulnerable adult's continued safety and wellbeing and to confirm that necessary services are being provided.

Section 11. Administrative Hearings.

(a) Following a determination of substantiation, an alleged perpetrator of abuse, neglect, exploitation, intimidation or abandonment who is aggrieved by said determination may request an administrative hearing.

(b) Requests for an administrative hearing shall be submitted in writing within twenty (20) days of the date of the notice of the determination. In those cases where criminal charges arising out of facts of the investigation may be pending, the request for review shall be made within twenty (20) days from the court's final disposition, dismissal of the charges, or prosecutorial determination to not pursue charges. If criminal charges are filed after the request for hearing has been made but before the administrative hearing is held, the hearing request will be dismissed and a subsequent request may be submitted pursuant to the terms of this subsection.

(d) If the dispute is resolved to the satisfaction of both parties, the person who requested the administrative hearing may sign a statement withdrawing the hearing request or do so orally. If the dispute is not resolved, the matter shall proceed to a hearing.

(i) If the agency receives a request to withdraw orally, the agency shall provide, within ten (10) days, the parties with written notice of the withdrawal request. The written notice shall advise the party that in order to reinstate the hearing request and avoid dismissal the party must respond in writing within ten (10) days of the written notice of withdrawal and provide good cause. If the request for reinstatement is accepted the State agency must provide a fair hearing within a reasonable amount of time.

(e) Notwithstanding any other provision in this section, an alleged perpetrator is not entitled to an administrative hearing if the perpetrator has been convicted, adjudicated or there is a finding by a civil, juvenile or criminal court, or a consent decree whether by a plea of guilty, finding of guilt or a nolo contendere plea that the alleged perpetrator committed certain acts that the Adult Protective Services Act defines as abuse, neglect, exploitation, intimidation or abandonment.

Section 12. Confidentiality.

(a) All records concerning reports and investigations of vulnerable adult abuse, neglect, exploitation, intimidation, abandonment or self-neglect are confidential, and not subject to disclosure under the Public Records Act, including:

(i) A report of abuse, neglect, exploitation, intimidation abandonment or self-neglect under this act;

(ii) The identity of the person making the report; and

(iii) Except as provided by these Rules, all files, reports, records, communications, and working papers used or developed in an investigation made under this act or in providing services as a result of an investigation are confidential.

(b) Upon written application, the Department may give access to records otherwise confidential under this section to any of the following persons or agencies for purposes directly related with the administration of the Adult Protective Services Act:

(i) A local adult protective agency or agencies;

(ii) A law enforcement agency, guardian ad litem, conservator, guardian, adult protection team or attorney representing the vulnerable adult who is the subject of the report;

(iii) A physician, or surgeon who is treating a vulnerable adult; or

(iv) Court personnel who are investigating reported incidents of adult abuse, neglect, exploitation, intimidation, or abandonment.

(c) The Department may exchange with other state agencies or governmental entities records that are necessary for the Department, state agencies or entities to properly execute respective duties and responsibilities to provide services to vulnerable adults.

(d) A physician or person in charge of an institution, school, facility or agency making a report under W.S. 35-20-111 shall receive, upon written application to the state agency, a written summary of the records concerning the outcome of the investigation.

(e) Any person, agency or institution given access to records concerning the subject of the report shall not divulge or make public any records except as required for court proceedings.

(f) Confidential records may be disclosed only for a purpose consistent with the Adult Protective Services Act and as provided by these Rules and applicable federal and state law.

(g) The Department shall maintain confidentiality with the vulnerable adult and caregiver unless it becomes necessary to share information with individuals or agencies involved in the delivery of adult protective services to the vulnerable adult or in the prosecution of the perpetrator(s) of abuse, neglect, exploitation, intimidation or abandonment of a vulnerable adult. Such individuals and agencies include, but are not limited to:

(i) The Office of the Attorney General (Medicaid Fraud Control Unit);

(ii) District/County attorneys and law enforcement officers;

(iii) Appropriate community services providers;

(iv) Adult protective services team members; and/or

(v) Adult Protective Services in other states.

History

Effective 2024-12-23

82 Boys' School

Chapter 1 General Provisions

Wyo. Code R. 049.0004.1.07191990 General Provisions

CHAPTER I

GENERAL PROVISIONS

Section 1. Authority. The State of Wyoming pursuant to W.S. 25-3-104(b) is authorized to promulgate rules governing persons committed to the Wyoming Boys' School.

Section 2. Statement of Purpose.

(a) These rules and regulations are adopted to implement W.S. 1-5-3-101 through 25-3-106 to:

(i) Provide for persons committed to the Wyoming Boys' School;

(ii) Provide for reformatory discipline;

(iii) Establish procedures for the transfer of boys to and from the Wyoming Boys' School;

(iv) Establish procedures for control and rehabilitation of boys committed; and

(v) Provide for release of residents.

Section 3. Definitions.

(a) "Agency" means the department which is administratively responsible for the Wyoming Boys school.

(b) "Boys' School" means the Wyoming Boys' School.

(d) "Level of Security" means the degree of security designated by statute.

(e) "Reformatory" means a rehabilitative purpose with minimal security rather than punishment and deterrence.

(f) "Resident" means a boy or Juvenile who has attained the age of twelve (12) and is sentenced or transferred to the Wyoming Boys' School pursuant to W.S. 14-6-229(d), 7-13-101(a) or 7-13-102.

(g) Superintendent" means the person directly in charge of the boys' school under the control and direction of the agency.

(h) "Transfer" means releasing the resident to another state institution that shall subsequently be responsible for the resident's confinement.

Section 4. Policies and Procedures. The boys' school shall establish written policies and proce- dures for Implementing these rules and regulations. Written copies shall be made available to a resident, parent or guardian, representative and the public.

History

Effective 1990-07-19

Chapter 2 General Commitment

Wyo. Code R. 049.0004.2.07191990 General Commitment

CHAPTER II

GENERAL COMMITMENT

Section 1. Persons Committed.

(a) Persons committed to the boys' school may include:

(i) Juveniles adjudicated delinquent pursuant to W.S. 14-6-229(d);

(ii) Juveniles tried and convicted as adults and initially sentenced to the boys' school pursuant to W.S. 7-13-101(a); or

(iii) Juveniles tried and convicted as adults, initially sentenced to the state penitentiary and later transferred to the boys' school pursuant to W.S. 7-13102.

Section 2. Reformatory Discipline. The superintendent shall ensure that a reformatory discipline and environment is maintained at all times and is consistent with statutory provisions in W.S. 25-3-103, 25-3-104(b) and 25-3-105.

Section 3. General Transfer.

(a) When transferring a juvenile originally committed to the boys' school pursuant to W.S. 14-6- 229(d) or 7-13-101(a), the preferred method of transfer to another institution is to obtain a judicial order, unless the original court order has specified a transfer may be made without returning to the court.

(b) When transferring a resident from the state penitentiary to the boys' school pursuant to W.S. 7-13102 and 25-3-101(b), the preferred method of transfer is to obtain a iut4icial order unless the original court order has specified a transfer may be made without returninq to the court.

(c) The agency and superintendent shall consider the level of security for each state institu- tion when transferring any resident to and from the boys' school. The transfer may be considered if it is consistent with the established purpose and security level of the state institution.

Section 4. Transfer to a Less Secure institution.

(a) If a juvenile committed to the boys' school pursuant to W.S. 14-6-229(d) is being consid- ered for transfer to a less secure institution, the superintendent may decide to make the transfer without a hearing provided that:

(i) A written notice is served personally or by mail to the juvenile, the Juvenile's parent or guardian and to the court; the notice shall include the reasons for the proposed transfer;

(ii) The transfer is based on reasonable factors as rehabilitative progress, need for services unavailable at the bovs' school, and placement closer to home;

(iii) The juvenile is allowed an opportunity to disagree with the proposed ‘Transfer and have representation or other assistance for an informal resolution; and

(iv) The transfer is delayed until any filed grievance is resolved by utilizing appropriate grievance procedures.

(b) The boys' school shall establish policies and procedures for transferring a Juvenile to a less secure institution.

Section 5. Transfer to a More Secure Institution.

(a) A juvenile committed to the boys' school pursuant to W.S. 14-6-229(d) may be consid- ered for transfer to an institution more secure than the boys'school only if:

(i) The juvenile poses a danger to self or others;

(ii) The juveniles actions demonstrate that he cannot be controlled in the boys' school due to its lack of security;

(iii) The curtailment of liberty warrants additional protections; or

(iv) The need for more security substantially outweighs any detrimental effect an the Juvenile's liberty interests.

(b) If the agency and superintendent decide to propose a transfer to a more secure Institution, an administrative hearing may be held If requested by the Juvenile in writing within five (5) days of receipt of the notice.

(c) If an administrative hearing is requested, it shall be conducted according to agency estab- lished policies and procedures, and shall Include:

(i) Written notice of the proposed transfer and the planned hearing to the juvenile, parent or guardian, and representative; the notice shall comply with general procedures required in the Wyoming Administrative Procedure Act in W.S. 16-3-107;

(ii) Allowing the juvenile time to prepare favorable evidence and rebut unfavorable evidence;

(iii) Providing the juvenile with appropriate representation or other assistance;

(iv) A record of the decision, including a tape recording of the hearing and written sum- mary;

(v) Sending a copy of the written summary and notice of the decision to the juvenile, parent or guardian, representative and the court; and

(vi) Entitling the juvenile to a right to appeal appeal the decision to the agency and to request judicial review.

(d) The transfer to a more secure institution may take place immediately following the decision.

(e) A Juvenile adjudicated and committed to the boys' school pursuant to W.S. 14-6-229(d) shall not be transferred to the state penitentiary.

(f) If the agency and superintendent decide to propose a transfer to the juvenile treatment program at the state hospital pursuant to W.S. 25-3-104, they shall comply with requirements specified in W.S. 25-10-401 and 25-10-402.

(g) If the agency and superintendent decide to propose a transfer to the state hospital pursuant to W.S. 25-3-104, they shall file a written application with the court to commence involuntary hospital- ization proceedings. The application shall comply with requirements specified in W.S. 25-10-110 and applicable regulations.

(h) The boys' school shall establish policies and procedures for transferring a resident to a more secure institution.

Section 6. Transfer to the State Penitentiary.

(a) If a resident was adjudicated as an adult and initially sentenced to the boys' school pursuant to W-3. 7-13-101(a), the agency may consider transferring the resident to the state penitentiary only if:

(i) The resident poses a danger to self or others;

(ii) The resident's actions demonstrate that he cannot be controlled in the boys' school due to Its lack of security;

(iii) The curtailment of liberty warrants additional protections;

(iv) The need for higher security substantially outweighs any detrimental effect on the resident's liberty interests; or

(v) The resident subsequent to his commitment to the boys' school, is shown to have been at the time of his conviction, an adult or to have been previously convicted of a crime.

(b) If the agency and superintendent decide to propose a transfer to the state penitentiary, an administrative hearing may be held if requested by the resident in writing within five (5) days of receipt of the notice.

(c) If an administrative hearing is requested, it shall be conducted according to agency established policies and procedures, and shall include:

(i) Written notice of the proposed transfer and the planned hearing to the resident, and representative; the notice shall comply with general procedures required In the Wyoming Administrative Procedure Act in W.S. 16-3-107;

(ii) Allowing the resident time to prepare favorable evidence and rebut unfavorable evidence;

(iii) Providing the resident with appropriate representation or other assistance;

(iv) A record of the decision, including a tape recording of the hearing and written summary;

(v) Sending a copy of the written summary and notice of the decision to the resident, representative and the court; and

(vi) Entitling the resident to a right to appeal the decision to the agency and to request judicial review.

(d) The transfer to the state penitentiary may take place immediately following the decision.

(e) A resident transferred to the state penitentiary may be subsequently returned to the boy's school bv written requisition from the agency pursuant to W.S. 25-3-104.

(a) In accordance with W.S. 25-3-101(b), a resident who was adjudicated as an adult may be considered for transfer to the boys' school pursuant to W.S. 7-13-102. A transfer from the state penitentiary to the boys' school shall be subject to the provisions stated in W.S. 25-3-104(b) and 25-3-105.

Section 8. Emergency Transfer.

(a) A resident may be transferred to another state institution in an emergency when it is in the resident's best interest, or in the interest of other residents and/or the staff at the boys' school. An emergency shall exist if the resident:

(i) Evidences a substantial probability of physical-harm to himself as manifested by evidence of recent" threats of or attempt at suicide or serious bodily harm;

(ii) Evidences a substantial probability of physical harm to other individuals as mani- fested by a recent overt homicidal act, attempt or threat or other violent act, attempt or threat which places others in reasonable fear of serious physical harm to them; or

(iii) Evidences behavior manifested by recent acts or omissions that, due to mental Illness, he Is unable to satisfy basic needs for nourishment, essential medical care, shelter or safety so that a substantial probability exists that death, serious physical injury, serious physical debilitation or serious physical disease will imminently ensue, unless the individual receives prompt and adequate treatment for this mental illness.

(b) The agency shall establish policies and procedures for emergency transfers which shall include:

(i) A factual inquiry and determination of an emerqency situation by an impartial review- ing committee;

(ii) A written summary of the decision; and

(iii) A written notice to the resident, parent or guardian, representative and the court of the agency decision, including the reasons for the emergency transfer, and the right to appeal the deci- sion to the agency.

(c) If the agency and superintendent decide to transfer a resident to the state hospital for emergency detention, the agency shall immediately notify the court of the emergency transfer. The agency shall comply with any requirements specified in W.S. 25-10-109 and applicable regulations.

History

Effective 1990-07-19

92 Central Registry for Child & Disabled Adult Protection

Chapter 1 General Provisions

Wyo. Code R. 049.0014.1.04252018 § 1 Authority

These rules of the Department of Family Services (Department) regarding the Central Registry of Child and Vulnerable Adult Protection cases are promulgated pursuant to W.S. § 14-3-213 through W.S. § 14-3-214, W.S. § 35-20-103, and W.S. § 35-20-115 through W.S. § 35-20-116.

History

Effective 2018-04-25

Wyo. Code R. 049.0014.1.04252018 § 2 Purpose

These rules are adopted to establish and maintain a central registry system to protect

Wyoming children and vulnerable adults from maltreatment.

History

Effective 2018-04-25

Wyo. Code R. 049.0014.1.04252018 § 3 Severability

If any provision of these rules or the application thereof to any person, program, service or circumstance is held invalid, the invalidity shall not affect other provisions or applications of these rules. To the extent that these rules can be given effect without the invalid provision, the provisions of these rules are severable.

History

Effective 2018-04-25

Wyo. Code R. 049.0014.1.04252018 § 4 Definitions

(a) "Applicant" means an employer or entity whose employees or volunteers may have unsupervised access to children or vulnerable adults in the course of their employment or volunteer service, which may include child caring facilities, any state agency, and state institutions, who applies to the Department for a Central Registry screen.

(b) "Central Registry" means a statewide record of persons who have been the subject of a substantiated child or vulnerable adult maltreatment complaint or for whom a complaint is under investigation.

(i) The Central Registry is not a list of court adjudications. Substantiated findings are based upon a "preponderance of the evidence" standard.

(ii) When child and vulnerable adult maltreatment investigations are completed by the Wind River Reservation pursuant to a contract entered into between the Department and a Wind River tribal entity, Tribal Social Services is responsible for entry of cases into the Department's record system if all required notices are provided to the subject of the investigation, per the contract. Cases in which all required notices to the subject of the investigation cannot be verified shall be amended from the Department's Central Registry.

(d) "Maltreatment" is defined to include abuse and neglect of children and vulnerable adults, and exploitation, abandonment, and intimidation of vulnerable adults.

(e) "Preponderance of the evidence" means the standard of proof which is met when evidence, based on the facts, indicates that it is more likely than not the child was abused or neglected, or the vulnerable adult was abused, neglected, intimidated, exploited, or abandoned.

(f) "Substantiated report" means any report of maltreatment, made to the Department, for which it is determined, after an investigation, that there is a preponderance of the evidence maltreatment exists.

(g) "Under investigation" means any report of maltreatment, made to the Department, for which there is no finding for a period of up to six (6) months after the investigation is initiated.

(h) "Unsubstantiated report" means any report of maltreatment, made to the Department, for which it is determined, after an investigation, that maltreatment does not exist, based on a preponderance of the evidence.

(i) "Volunteer" means a person who performs a service for an organization, and who does not receive compensation for that service. Volunteer as used in these rules and regulations, includes both prospective and current volunteers.

History

Effective 2018-04-25

Chapter 3 Central Registry Screens

Wyo. Code R. 049.0014.3.04252018 § 1 Types of Entries

(a) Names of individuals shall be registered on the Central Registry.

(b) Facilities may be named on the Central Registry due to institutional neglect, which may include, but is not limited to abusive staff and / or policy or environmental factors, which place children or vulnerable adults at risk.

(i) When a facility is substantiated upon for institutional neglect and is listed on the Central Registry, the facility shall be listed by the organization's legal name or entity in which the organization is licensed under. A facility's board members or directors shall not individually be listed on the Central Registry unless the board member or director has been substantiated upon for abuse or neglect as an individual.

(ii) When a facility is placed on the Central Registry, notice of findings and a client statement shall be provided to the appropriate person(s) who have administrative responsibility for the facility, including Board of Directors, owners, and acting director.

(c) If the perpetrator was a minor at the time of the incident, the Department shall not reveal any information about the substantiation. However, if the minor was tried as an adult in criminal court on charges arising from the same incident, information about the substantiation may be released in accordance with these rules.

History

Effective 2018-04-25

Wyo. Code R. 049.0014.3.04252018 § 2 Application

(a) Central Registry screens concerning maltreatment shall be conducted by the Department upon proper application by a permissible applicant. The Department shall receive and process all requests for Central Registry screens which:

(i) Are in writing and legible; and

(ii) Are accompanied by the Department's Application for Child and Adult Abuse/Neglect Central Registry Screen form, which must be completely and accurately filled out and signed by the volunteer, prospective employee or current employee.

(b) Central Registry screens shall be completed within a reasonable amount of time of the receipt of the requests.

History

Effective 2018-04-25

Wyo. Code R. 049.0014.3.04252018 § 3 Payment for Service

(a) The applicant shall include a check or money order, payable to the State of Wyoming, in the amount of $10.00, multiplied by the number of Central Registry screens requested. If payment is made by check, the check shall be drawn from the account of the applicant or person being screened.

(b) Arrangements shall be made in advance with the Department if the applicant wants to be billed or to perform a budget to budget transfer.

History

Effective 2018-04-25

Wyo. Code R. 049.0014.3.04252018 § 4 Processing of Requests

(a) The Department shall check for an individual's presence on the Central Registry using the information on the Department's Application for Child and Adult Abuse / Neglect Central Registry Screen form. If the individual's name appears in the Department's record system, the State Office Consultant and the Field Office Manager or Designee shall review case file information to determine if:

(i) Identifying information is correct;

(ii) There is a pending appeal;

(iii) Findings or reports on the Central Registry are supported by documentation in the file; and

(iv) There is a voluntary statement.

(b) Accuracy of the Central Registry information shall be determined by:

(i) A reasonable basis that the name on the Central Registry and the one submitted by the applicant are one and the same; and

(ii) File review;

(iii) Review of documents submitted to the Central Registry office;

(iv) Police records;

(v) Court records;

(vi) Written statements from Department staff who can attest to the facts to ensure the accuracy of the information; or

(vii) Telephone contact with the subject of the application.

(c) If examination of the data submitted by the applicant matches a name in the Department records, and the Department determines the name submitted by the applicant is listed on the Central Registry, the Department shall report to the applicant the individual is listed on the Central Registry.

(d) If examination of the data submitted by the applicant does not match a name in the department records, and the Department determines the name submitted by the applicant is not listed on the Central Registry, the Department shall report to the applicant the individual is not listed on the Central Registry.

(e) When the case file has been destroyed and other supportive documentation is not available through court records, police records, or by Department staff affidavits, information provided to the applicant shall indicate that the name did not appear on the Central Registry.

History

Effective 2018-04-25

Wyo. Code R. 049.0014.3.04252018 § 5 Results of Central Registry Screens

(a) The Department shall return a copy of the Department's Application for Child and Adult Abuse/Neglect Central Registry Screen form to the applicant, informing the applicant of the search results.

(b) The Department shall provide the results of the Central Registry screen to the applicant by certified mail if the screening confirms the existence of a report "under investigation" or a "substantiated" finding of maltreatment. Otherwise, the Department shall provide the results of the Central Registry screen to the applicant by United States mail, and, if the person being screened gives authorization, to the applicant by encrypted email.

(c) When the individual being screened is named on the Central Registry in a case which is listed as "under investigation," the Department shall notify the applicant that, according to Department records, the volunteer, prospective employee, or current employee is under investigation. The Department shall notify any applicant receiving information under this subsection of any subsequent reclassification and whether the individual is listed on the Central Registry.

(d) When the individual being screened appears on the Central Registry, the Department shall notify the applicant that the individual is identified as a substantiated perpetrator of maltreatment. If the individual is a substantiated perpetrator of maltreatment on more than one (1) substantiation, all of the substantiated allegations shall be listed. The following information about each substantiation shall be released to the applicant:

(i) Date of finding;

(ii) Maltreatment type; and

(iii) A copy of the perpetrator's voluntary statement, if submitted.

(e) If an individual being screened appears on the Central Registry, and the substantiation in which the person is listed has an administrative appeal pending, the Department shall notify the applicant of the individual's substantiation and pending administrative appeal. The Department shall notify any applicant receiving information under this subsection of any finding of the administrative appeal and whether the individual remains listed on the Central Registry as a result of that appeal.

History

Effective 2018-04-25

Wyo. Code R. 049.0014.3.04252018 § 6 Change of Entry

(a) The Department may list, amend, expunge, or remove any record in the Central Registry if good cause is shown, which includes, but is not limited to:

(i) Discovery of a data error;

(ii) Uncovering of new evidence;

(iii) Changing of a finding due to administrative hearing or subsequent court appeals; or

(iv) Rehabilitation is demonstrated. Rehabilitation shall be determined by a professional panel appointed by the director or designee.

(b) The Department shall notify the perpetrator and applicant of any substantive reclassification, amendment, expungement, or removal of the information.

History

Effective 2018-04-25

Wyo. Code R. 049.0014.3.04252018 § 7 Alleged Perpetrator Rights

A substantiated perpetrator has a right to provide a written statement concerning the incident on a form provided to the perpetrator by the Department. The perpetrator may provide the statement at any time during the investigation, but not later than 20 calendar days following notice of the substantiated finding. A copy of the statement shall be forwarded to the Central Registry office. A copy of the perpetrator's statement shall be provided to the applicant with the results of the Central Registry screen.

History

Effective 2018-04-25

Wyo. Code R. 049.0014.3.04252018 § 8 Confidentiality

All records concerning reports of investigations of maltreatment are confidential. All such information shall be confidentially maintained by all entities receiving and possessing Central Registry information.

History

Effective 2018-04-25

86 Child Care - Purchase of Service

Chapter 1 Child Care, Purchase of Service General

Wyo. Code R. 049.0008.1.05072025 Child Care, Purchase of Service General

EJS/rtTOC & Child Care RULES

CHAPTER 1

CHILD CARE, PURCHASE OF SERVICE

GENERAL

Section 1. Authority. W.S. 42-2-103(b)(xiv) and W.S. 16-3-101-106 et. seq. authorizes the Department of Family Services (DFS) to promulgate rules and regulations to be used by DFS in the discharge of its functions.

Section 2. Purpose. These rules are adopted to standardize DFS's purchase of child care in Wyoming.

The Wyoming Child Care, Purchase of Service program is a public assistance program for low-income families who need child care services in order to work or attend approved educational or training programs. Child Care, Purchase of Services is funded through a federal block grant and with state dollars.

Section 3. Severability. If any provision of these rules or the application thereof to any person, program, service or circumstance is held invalid, the invalidity shall not affect other provisions or applications of these rules. To the extent that these rules can be given effect without the invalid provision, the provisions of these rules are severable.

Section 4. Definitions.

(a) "Adult" is a person age 18 or over, or a person under age 18 who meets the Wyoming emancipation laws.

(b) "Adverse action" is a process to terminate or reduce the child care benefits.

(d) "Applicant" is a person who expresses in writing a desire to receive child care assistance.

(e) "Application date" is the date a completed and signed application is received and date stamped in the DFS-FO.

(f) "Assistance unit" is one (1) or more children living with their caretaker(s).

(g) "Authorization" is issued to a caretaker to show the child(ren) is eligible for child care assistance. The Child Care Authorization is assistance to the client, not assistance to the provider. The authorization shows:

(i) The maximum child care hours allowed by DFS;

(ii) The maximum payment DFS shall make; and

(iii) The parental obligation for a portion of the child care costs.

(h) "Best estimate" is a determination of what shall occur based on knowledge of the past and present circumstances and future expectations.

(i) "Benefit Specialist" is an employee of DFS who case manages economic assistance cases including the determination of eligibility for child care services.

(j) "Business expense" is the cost directly related to the production of the goods or services provided by the operation which are then subtracted from the gross income to determine net income. Including labor, fee, seed, machinery repairs, transportation required to perform the service or deliver the goods and taxes or any other expense connected solely with the function of the business.

(k) "Caretaker" is a child's parent (as defined herein) or other adult who has a court order giving legal responsibilities and/or legal guardianship and who is exercising the care and control of the child(ren). This includes foster parents and the spouse of the caretaker.

(l) "Categorically eligible":

(i) For Personal Opportunities With Employment Responsibilities (POWER), adult member of the assistance unit who is income and/or resource eligible for child care assistance because he/she is included in the assistance unit's POWER payment.

(ii) For Supplemental Nutrition Assistance Program (SNAP), the adult SNAP recipient who is eligible for child care assistance because he/she is participating in the SNAP E&T program.

(m) "Central Registry" means an electronic record maintained by DFS of persons who have been the subject of a child abuse or neglect complaint. The record contains the findings of the child protection investigation. The Central Registry is not a list of court adjudications.

(n) "Certified provider" see Licensed provider.

(o) "Child care" is the direct care and services to infants and children in the child's own home or another facility, not to exceed 16 hours in a 24-hour day unless overnight travel is necessary for the caretaker(s) to accept or retain employment.

(p) "Child Care Center (CCC)" is a facility in which care is provided for part of a day for 16 or more children.

(q) "Child care facility" is the business that keeps or cares for more than two (2) minors at the request of the parent(s), legal guardian(s) or an agency responsible for the daily care and control of those children when the responsible party is not present.

(r) "Child care review" is a review of all eligibility factors at least once every 12 months.

(s) "Child support" is voluntary, including military allotments, or court ordered payments made by an absent parent for the purpose of meeting the needs of his/her child(ren).

(t) "Child Support Program (CSP)" is a legal entity charged with maintaining a child support enforcement program at the judicial district level.

(u) "Commingled" is a financial account in which countable and exempt funds are mixed together.

(v) "Date of eligibility" is the day benefits are required to begin. This is the date of the child care application, the first day the child received care or the date the approved employment or educational component or work activity began, whichever is later.

(w) "Death benefit" is the benefit received as a result of another's death. Death benefits include:

(i) Proceeds of life insurance policies received due to the death of the insured;

(ii) Lump sum death benefits from SSA, RR burial benefits, VA benefits;

(iii) Inheritance in cash or in-kind; or

(iv) Cash or in-kind gifts given by relatives, friends, or community to assist with death related expenses.

(x) "Department of Family Services (DFS)" is the Wyoming department responsible for the provision of child care purchase of services. DFS-FO is a department field office. DFS-SO is the department state office.

(y) "Developmentally Delayed (DD)" is a child who is experiencing developmental delays in one or more of the following areas:

(i) Cognitive development;

(ii) Physical development including hearing and vision, language and speech development;

(iii) Psychosocial development; or

(iv) Self-help skills.

(z) "Disaster beyond control of the assistance unit" means earthquake, fire, flood, tornado, robbery, or furnace breakdown and/or broken water pipes in the home when owned by a person in the assistance unit.

(aa) "Earned income disregard" is a $200.00 deduction from gross earned income for each employed adult in the assistance unit.

(bb) "Educational program" is a postsecondary course of study, not exceeding the first master's degree (unless the associate degree was received while the caretaker(s) was pursuing a master's degree as the original educational goal). The program is designed to assist the student in obtaining employment in a specific job when the course of study is complete.

(cc) "Eligible" qualifies for child care assistance after meeting all of the specified conditions or factors.

(dd) "Emancipated" is a person who has obtained the legal status of an adult.

(ee) "Employment" is an activity in which an individual works for income.

(ff) "Employment & Training (E&T)" is the employment and training program as described in the current SNAP E&T regulations and approved by the United States Department of Agriculture.

(gg) "Employment training" is a planned, supervised program which may be a combination of classroom and on-the-job training experiences that imparts knowledge or develops skills or abilities to prepare a person for employment.

(hh) "Equity value (EV)" is the amount of money the sale of property would bring on the open market in the community where the property is located less any legal debts (such as mortgages, loans, penalties, cost of sale) against the property or resource.

(ii) "Exempt" is a category of income or circumstances not subject to program policy or limits and shall not be counted for eligibility purposes.

(jj) "Family Child Care Center (FCCC)" is a child care facility in which care is provided for a maximum of 15 unrelated children for part of a day, which may be in a residential or commercial type structure.

(kk) "Family Child Care Home (FCCH)" is a licensed child care facility in which care is provided for no more than ten (10) children in the primary residence of the provider.

(ll) "Financial responsibility" means answerable for providing the funds to meet the needs of a spouse and/or natural, adopted, step child(ren) or as provided by law.

(mm) "Foster care provider" is the person(s) caring for the child(ren) placed in a care facility by DFS.

(nn) "Foster child" is a child who been has placed in a foster care home or facility by DFS.

(oo) "Fraud" is documented deliberate misrepresentation, concealment or nondisclosure of information by an applicant, recipient, or provider pertaining to an eligibility or billing factor:

(i) To obtain assistance or provider payment;

(ii) To remain eligible for assistance or provider payments;

(iii) To avoid a decrease in assistance or provider payment; or

(iv) For obtaining payment for services that were not rendered.

(pp) "Full day" is five (5) or more hours of child care in a day.

(qq) "Garnishment" is a legal withholding of a specified sum from wages to satisfy a creditor.

(rr) "Guardian" is an individual appointed by the court to care for a person as reflected in a court order specifying the guardianship.

(ss) "Household (HH)" refers to one (1) or more rooms of a house, apartment or mobile home and may include one (1) or more assistance units and/or ineligible person(s).

(tt) "Household circumstances" are situations that could have an effect on one (1) of the eligibility factors.

(uu) "Immediate family" are the minor brothers, sisters, stepbrothers, stepsisters, half-brothers and half-sisters who live together with their caretaker(s) in the same residence. Immediate family is used to determine assistance unit composition and whether the provider selected by the assistance unit needs to be licensed.

(vv) "Income" is money received from any source.

(i) Countable income - the total of gross earned income less allowable earned income disregards and gross unearned income expected or received by the assistance unit for a specified month and includes child support received by the applicant or recipient.

(ii) Earned income - a payment received in cash or in-kind for wages, salary, tips, commissions as an employee or net profit from activities in which the individual is engaged as self-employed. It is the total income before deductions for personal or employment expenses and excludes the meal allowance used to compute Federal Insurance Contribution Act (FICA).

(iii) Exempt income - money set aside or free from program policy or limits and is not counted.

(iv) Fluctuating income - income that varies in frequency of receipt or income that varies in amount each month due to:

(A) Working overtime;

(B) Hourly pay with varying hours;

(D) Changes of hours or pay rate; or

(E) Decrease or increase in hours of work due to vacations or sick leave or seasonal employment.

(v) Gross income - the total money the person is entitled to receive, prior to any deductions such as the earned income disregard, Social Security, withholding tax, and garnishments.

(vi) Infrequent income - income that is less than $50 per individual when received and not received more often than once every calendar quarter.

(vii) In-kind income - the receipt of a good(s) or a service(s) instead of money or cash. In-kind earned income is considered when the applicant/recipient has a legal interest in a liquidated sum and has the legal ability to make such sum available for support and maintenance.

(viii) Net income - the gross receipts from self-employment less the current business expenses.

(ix) Periodic income - money that is not received on a regular basis.

(x) Stable income - income received in a set/fixed amount from the same source(s) on a regular basis and there is no additional income which fluctuates.

(xi) Unearned income - all money received not earned by providing goods and services or defined as a resource.

(ww) "Infant" is a child from birth to 12 months of age.

(xx) "In-home care" is child care provided in the child's own home. In-home care is for any number of children who are immediate family members residing in the child(ren)'s home.

(yy) "Initial eligibility determination" is the process of determining eligibility when the assistance unit applies for services for the first time or when there has been a break in aid of 30 days or more.

(zz) "Insurance settlements" are the money a person(s) receives from a company for damage to property or person.

(aaa) "Intentional Program Violation (IPV)" is the action by an applicant, recipient or provider of making a false or misleading statement or misrepresentation, concealment or withholding of facts for the purpose of:

(i) Establishing or maintaining eligibility for child care assistance, or

(ii) Increasing or preventing a reduction in the amount of child care assistance or payment.

(bbb) "Knowledgeable source" is a person who has a considerable degree of familiarity with a subject gained through experience of, or association with the individual or subject.

(ccc) "Licensed provider" is a provider who meets the licensing standards established by DFS.

(ddd) "Loan" is a debt the borrower has an obligation to repay. A bona fide loan is one where there is a written agreement to repay the loan. Bona fide loans the assistance unit has an obligation to repay are not counted as income.

(eee) "Lump sum" is a payment of earned or unearned money made not more than once per quarter.

(fff) "Minimum health and safety standards" are requirements established to assure the health and safety of a child(ren) receiving child care services.

(ggg) "Minor" is a person under 18 years old who does not meet Wyoming's emancipation laws.

(hhh) "Month" is:

(i) Current month - the month in which eligibility is determined.

(ii) Payment month - the calendar month for which the assistance is issued.

(iii) "Month received" is the calendar month in which the payer or source made the money available or the individual receives the money in hand, whichever occurs first. Exception: SSA, SSI, VA and POWER received at the end of the month are considered for the following month.

(jjj) "Need" for child care is the time when the eligible caretaker(s) is actually participating in an approved activity or component and the eligible child requires care.

(kkk) "Net profit" is the gross receipts, less the current business expenses.

(lll) "Noncooperation or noncompliance" is the act of refusing or failing to comply with a child support, work program, or POWER requirement, or to work with another to accomplish a common end or specified goal.

(mmm) "Parent" is a natural, adoptive, or step-mother or father of any age. (See Caretaker.)

(nnn) "Parental access" is allowing parents to visit the child care facility and see their children at any time.

(ooo) "Parental obligation" is the portion of the child care cost the caretaker(s) is responsible to pay based on the assistance unit size and income. The amount of the parental obligation is based on the calculation set forth in W.S. 42-2-103(f)(2021).

(ppp) "Part day" is less than five (5) hours of child care in a day.

(qqq) "POWER work requirement" the POWER performance requirements include the mandatory job seeker contacting the work program case manager, keeping all appointments, complying with the steps and responsibilities in her/his Individual Responsibility plan (IRP), registering for employment at Department of Workforce Services (DWS) and following through with referrals to Division Vocational Rehabilitation (DVR) for employment rehabilitation or a Social Security Income (SSI) application.

(rrr) "Presumptive eligibility" is the assurance of payment for 30 days of child care services when the assistance unit appears eligible due to the caretaker(s)'s statements on the initial application. Presumptive eligibility payments cannot be made on behalf of an assistance unit more than once every 12 months.

(sss) "Provider" is any person who is approved to provide child care services under these rules and who has provided child care services for a child(ren).

(ttt) "Provisional license" is a temporary license issued by DFS that allows the operation of a child care facility when issues arise surrounding compliance with licensing rules.

(uuu) "Reapplication" is the completion of an application in writing requesting assistance after being ineligible for child care assistance for more than one (1) calendar month.

(vvv) "Redetermination" is the re-verification of each factor of eligibility and a decision of eligibility and payment based on the verified information.

(www) "Registered provider" is any child care provider who has completed the Provider Registration Form and received a favorable Wyoming Central Registry check and a fingerprint based national criminal history record check. This includes child care providers who are licensed as well as those who are exempt from licensing according to Wyoming law.

(xxx) "Relative" refers to an individual who is through marriage, blood relationship, or court decree, the grandparent, great-grandparent, sibling, aunt or uncle of a child receiving care.

(yyy) "Satisfactory progress" refers to:

(i) In a postsecondary educational work activity, a participant shall meet, each term or semester at least a 2.0 cumulative grade point average in her/his degree requirements.

(ii) In a training work activity, the participant shall meet quarterly a consistent standard of progress, which includes gains or proficiency levels and a reasonable time limit for completion of the training as determined by the instructor and POWER case manager or Benefit Specialist.

(zzz) "Special needs child" is a minor who is developmentally delayed or has a mental or physical incapacity which limits his/her ability to care for him/herself and would be at risk of physical harm if child care was not provided.

(aaaa) "Statewide maximum limit" is the maximum amount DFS shall pay for child care as published in the Child Care Development Fund (CCDF) State Plan.

(bbbb) "Student" is a person attending high school, high school equivalency program, employment training programs or postsecondary undergraduate program.

(cccc) "Substitute provider" is a person who meets the definition of "provider" and who fills in for the provider less than 24 hours in a month.

(dddd) "Termination" is to close a case and/or remove individual from the program.

(eeee) "Weapon" means, but is not limited to, a firearm, explosive or incendiary material, or other device, instrument, material or substance, which in the manner it is ordinarily used, or is ordinarily intended to be used, is reasonably capable of producing death or serious bodily injury.

Section 5. Application Process. The following process shall be followed by the DFS-FO when an applicant makes a request for Child Care assistance:

(a) A DFS application form shall be provided or mailed on request during regular business hours when a current application form is not on file in the DFS-FO.

(b) A signed application form shall be accepted by the DFS-FO and date stamped upon receipt during regular business hours.

(c) A face-to-face or telephone interview shall be required with the applicant who has not already had an application intake interview.

(d) A separate application shall be required for each assistance unit.

(e) Applicants shall be informed of their rights and responsibilities, program requirements and benefits.

(f) Applicants shall be provided with consumer information upon request concerning informed choices of quality child care.

(g) Applicants shall be provided with a list of licensed child care providers upon request.

(h) Applicants shall be informed concerning the provider licensing registration requirements and enrollment of providers for payment.

(i) Applicants shall be advised what verification or documents are needed to complete the processing of the application and provider enrollment and shall be given up to ten (10) days to furnish the information.

(j) A decision on the application shall be made within 30 calendar days of the application date.

(i) Payment for 30 days of licensed child care services shall be assured when the assistance unit appears to be presumptively eligible based on the caretaker(s)'s statement on the DFS application.

(ii) An application shall be approved when an applicant is found to be eligible and there is a child care need.

(iii) An application shall be denied when:

(A) An applicant is found to be ineligible or has failed to cooperate in establishing program eligibility, has withdrawn the application, died or cannot be located;

(B) The care was not provided by an approved provider; or

(C) There was not a child care need because the caretaker(s) was not working, attending an approved educational or training program or meeting POWER or E & T work requirements.

(k) Documentation of the action taken on the application and the reason for the action shall be made in the case file.

(l) Applicants shall be notified in writing of any action taken on their applications.

Section 6. Applicant Rights.

(a) The applicant has a right to apply for child care assistance:

(i) Upon request and without delay during regular business hours at the DFS-FO in the county of residence on the prescribed form(s) obtained in person or by mail;

(ii) To be accompanied or represented by person(s) of his/her choice; and

(iii) To request and receive assistance in completing an application or obtaining required verification.

(b) The application and other personally identifiable information shall be kept confidential and not be disclosed, except as necessary to determine eligibility, to pay the provider, or as required by state or federal law.

(i) The use or disclosure of information concerning clients shall be limited to purposes directly connected with:

(A) The administration of DFS or SSI programs. Such purposes include establishing eligibility, determining the amount of the child care payment and approving the child care provider for payment.

(B) Any investigation, prosecution, criminal or civil proceeding conducted in connection with the administration of such programs.

(C) The administration of any other federal or federally assisted program which provides cash or in-kind assistance or services directly to individuals on the basis of need.

(D) Any audit or similar activity conducted in connection with the administration of any such program by any governmental entity which is authorized by law to conduct such audit or activity.

(E) The administration of the state unemployment compensation program.

(F) The administration of the state's worker's compensation program as related to providers.

(ii) DFS shall report to Immigration and Naturalization Services (INS) the name and address and other identifying information on any individual who is known to be unlawfully in the U.S.

(iii) Information to be treated as confidential, includes but not limited to:

(A) The names and addresses of applicants/recipients and amount of child care payments provided.

(B) Information related to the social and economic conditions, including homelessness, or circumstance of a particular individual, including information obtained from the Internal Revenue Services and Social Security Administration (SSA) which shall be safeguarded in accordance with procedures set forth by those agencies.

(D) Medical data, including psychological evaluations. All medical information shall be directly released by the medical professional. Medical information shall not be released without written authorization from the medical professional.

(i) Eligibility factors, verifications and documents needed to process the application and allowed up to ten (10) days to submit the requested verification or document.

(ii) The purpose and length of time for which assistance is provided.

(iii) The rights and responsibilities of applicants/recipients.

(iv) The freedom of parental choice to select the child care provider within the following limitations:

(A) The client cannot change child care providers more than six (6) times within a 12-month period, unless there is good cause per Section 12 of these rules; and

(B) The selected child care provider shall meet all the Child Care Provider Eligibility and Payment Requirements, as stated in Section 14 of these rules.

(v) The right to request an administrative hearing within 30 days from the date of an adverse notice.

(A) The Child Care payment shall not be authorized pending the administrative hearing decision on a client request for a hearing.

(B) All child care administrative hearing processes shall be pursuant to Chapter 1, DFS Contested Case Hearing Procedures Rules and/or Administrative Hearing.

(vi) The right to receive consumer information concerning the selection of quality child care.

(vii) The right to receive a list of licensed child care providers upon request.

(viii) The right to unlimited access to providers and to their child(ren) during the normal hours of provider operation and whenever the child(ren) are in the care of the provider.

(ix) The right to register a complaint against a provider. Complaints shall be referred to the appropriate Child Protective Services, Child Care Licensing or Fraud and Recovery Unit for investigation.

(d) The client has the right to a written notice concerning a decision on an application or on any adverse action. See notification requirements in Section 10 of these rules.

(e) The applicant/recipient has the right to reapply following denial or termination of benefits.

(f) A minor parent has the right to apply on his/her own behalf.

Section 7. Program Responsibilities.

(a) Client responsibilities:

(i) Complete an application in the manner and form prescribed by DFS. The application shall:

(A) Be dated.

(B) Provide an answer to the questions asked on the application and provide verification to support the answers.

(ii) Cooperate with the process of determining initial and ongoing eligibility by providing:

(A) Information essential to reach a decision on eligibility.

(B) Documents for required verification including estimated hours of child care need and the reason for the need.

(D) Verification of any changes within ten (10) days of the change which may affect eligibility or benefit amount. If the change is not reported within the ten (10) day reporting period, any increase in child care benefits resulting from the change shall be effective the date the change was reported.

(E) Verification as specified by DFS to establish the child care provider's eligibility for payment.

(F) Verification of compliance with other DFS Assistance Programs and Medicaid.

(b) DFS responsibilities:

(i) Assure child care requirements have been met and established procedures have been followed.

(ii) Inform the clients concerning their rights and responsibilities as outlined in Sections 6 and 7(a).

(iii) Provide an application in the manner and form prescribed by DFS upon request during regular business hours.

(iv) Make a decision on the application within 30 days of the application date and provide the client with written notice concerning the decision.

(v) Act on reported changes immediately to assure either child care services continue or assistance is terminated.

(vi) Assure the provider has completed the licensing or registration process and has been enrolled for payment.

(vii) Coordinate the authorization of services with the work program case managers or Child Protective Services (CPS) to assure the client's child care needs are met.

(viii) Review the child care case for possible continuation of child care payments when a POWER, Medicaid or SNAP case has been closed because of increased earnings.

(ix) Audit the billing form using DFS procedures.

(x) Must authorize payment within 15 business days from the date a properly completed bill is received.

(xi) Assure overpayments have been instituted promptly and within the established guidelines.

(xii) Establish a procedure for handling client and provider complaints.

(xiii) Provide client with notice of any adverse action.

Section 8. Eligibility Factors.

(a) Each factor of eligibility shall be verified.

(b) Approved cases shall include documentation in the case file as to how each eligibility factor was met and the amount of payment.

(c) The application shall be denied or assistance terminated when eligibility cannot be determined because the applicant/recipient refuses to provide the requested documentation or the written consent to obtain the documentation.

(d) Denied cases shall include documentation in the case file of the reason(s) for the denial.

(e) The following eligibility factors shall be met:

(i) Eligible persons.

(A) Child care assistance shall be available for a child who is under age 13 years, a child over 13 who has special needs, is developmentally delayed, is physically or mentally incapable of caring for himself or herself as verified by a physician or licensed or certified psychologist, or under court supervision.

(B) Child care assistance is available only to children who live with their caretaker(s) when the caretaker(s) is participating in an approved activity.

(C) Child care assistance shall be available only when the child(ren)'s caretaker(s) participates in at least one (1) of the following approved activities:

(I) Employment;

(II) Employment Training program;

(III) Educational program, including high school or high school equivalency;

(IV) POWER work requirement;

(V) SNAP E&T activity;

(VI) Temporary Job Search; or

(VII) Sleep Time.

(D) Child care assistance shall be available for a child(ren) in a two (2) caretaker assistance unit when both caretakers are participating in an approved activity during the same hours.

(E) Child care assistance shall be available for a child(ren) in a two (2) caretaker assistance unit when one (1) caretaker is disabled and unable to care for the child(ren) if:

(I) Child care is necessary to allow the other caretaker to maintain employment;

(II) The disability and the caretaker's inability to care for the child(ren) is verified by a medical professional;

(III) Verification has been submitted to document the parent with the disability is following prescribed medical treatment; and

(IV) The assistance unit is pursuing and accepting any other available resources to move the assistance unit toward self-sufficiency.

(F) Child care assistance shall not be available to an assistance unit if fraud against DFS has been established in a court of law or by a DFS hearing officer. The assistance unit is ineligible until all penalties have been served and full restitution has been made.

(G) Child care assistance is not available when the caretaker(s) fails to remain eligible for POWER, SNAP or Medicaid by noncooperation with program requirements. The client is ineligible for child care assistance until he/she:

(I) Cooperates with the POWER, SNAP or Medicaid program requirements; or

(II) Has not received a POWER payment within 30 days and becomes employed 20 or more hours per week.

(H) Child care assistance is available for a child(ren) whose caretaker(s) is attending an approved educational program, including college undergraduate or graduate study when:

(I) The caretaker(s) is making satisfactory progress;

(II) The educational program does not exceed the first associate or baccalaureate degree unless the associate degree was received while the caretaker(s) was pursuing a baccalaureate as the original employment goal or the education program does not exceed the first baccalaureate degree or master's degree, unless the baccalaureate degree was received while the caretaker(s) is pursuing a master's degree as the original employment goal; and

(III) The caretaker(s) has received child care while working on an associate degree program for no more than three (3) years, or no more than six (6) years while working on a baccalaureate degree, or no more than three (3) years on master's degree. When the caretaker(s) has been employed and has worked an average of more than 30 hours per week while attending school, the length of time to complete an associate's degree may be extended to five (5) years, a baccalaureate degree to eight (8) years, and master's degree to five (5) years.

(I) Child care assistance is available for a child(ren) whose caretaker(s) is self-employed and working outside of his/her home.

(J) Child care assistance is available for a foster child(ren) whose foster parent(s) is participating in an approved activity.

(K) A minor parent(s) who lives with his/her caretaker(s) may receive child care assistance if the minor caretaker(s) and her/his caretaker(s) are all working or attending an educational program during the same hours.

(L) Child care assistance is not available to fugitive felons.

(M) Child care assistance is available when an overpayment has been established and the caretaker(s) is in compliance with the repayment agreement or made full restitution unless the caretaker(s) has been found guilty of fraud in a court of law or by the DFS hearing officer.

(N) Child care assistance is available for a child(ren) living in an assistance unit whose income is within the Sliding fee Scale in Appendix A:

(I) The assistance unit shall qualify for assistance in step one (1) through step four (4) at the initial eligibility determination; and

(II) The assistance unit shall continue to receive assistance in steps five (5) and six (6) when the gross income has increased due to employment.

(ii) Residency and identification:

(A) Except for migrant working families, families shall be Wyoming residents.

(B) The assistance unit shall not be receiving assistance from another state.

(D) The eligible child must be:

(I) A citizen of the United States; or

(II) A legally residing alien, as defined by law.

(E) A Social Security Number is not required for an applicant or recipient of child care assistance.

(iii) The composition of the assistance unit shall be determined based on the following:

(A) Caretakers and their spouses shall be included along with their child(ren), foster child(ren) or child(ren) whom they are caring for pursuant to a legal court order;

(B) When three (3) generations are included in a POWER payment, all of the recipients of the POWER payment shall be included in the assistance unit;

(C) A minor parent and his/her child shall be considered as a separate assistance unit from the minor's parents unless (B) above applies; and

(D) All minor siblings living in the same household shall be included in the same assistance unit regardless of the marital status of their parents unless one (1) of the siblings meets the criteria in (C) above.

(iv) Income. The income criteria in Appendices B and C shall apply in addition to the following special considerations.

(A) The parent's income shall be considered in determining eligibility for child care services.

(B) The caretaker's income shall be considered according to the court order. The caretaker's voluntary contribution statement is used when there is no court order.

(D) Income eligibility shall be determined prospectively using the best estimate of income which shall be available during the payment month(s).

(I) The current month's ongoing gross income shall be used as the best indicator for the assistance unit's eligibility. Any other income which shall be received during the benefit period shall be calculated as anticipated. The sources of income shall be converted to a monthly average for the benefit period.

(II) Past months shall be considered as an indicator of the types of income that may be received during the benefit period for prospective budgeting when income is received periodically.

(III) To determine prospective monthly income add the total of the following:

(1.) Anticipated monthly income.

(2.) Multiply the amount by number of the times it is expected to be received within the benefit period unless the income can be excluded as infrequent or irregular. Divide that amount by the number of months in the benefit period.

(3.) Divide the total amount of income specified in an annual employment contract, regardless of the amount paid monthly, by 12 to arrive at a monthly average.

(4.) Gross income from weekly amounts shall be multiplied by 4.3; bi-weekly amounts by 2.15; semi-monthly amounts by two (2) and monthly amounts by one (1).

(5.) Deduct $200.00 from the earned income of each working adult in the assistance unit.

(6.) The monthly amount is rounded up to the nearest dollar.

(E) The following income to the assistance unit shall be considered and verified in determining eligibility:

(I) The income of all assistance unit members living together.

(II) The income of the minor child who needs child care and the minor parent.

(III) Income of a child(ren) who is ineligible for child care assistance is not counted.

(IV) The income of an adult who has a court order giving legal responsibilities and/or legal guardianship and who is exercising the care and control of the child(ren) is exempt unless there is a court order specifying the individual is financially responsible for the child(ren).

(F) The criteria in Appendix B shall be used to determine if the income is exempt or nonexempt using the following special considerations.

(I) Accumulated vacation and sick pay shall be countable when the money is paid to the individual.

(II) Burial fund is countable when the money withdrawn from a burial fund is used for a purpose other than burial expense.

(III) Contributions to the assistance unit shall be countable.

(1.) The amount of the contribution of a non-financially responsible person living with the assistance unit shall be used according to that person's written statement.

(2.) The amount of the contribution of anyone living elsewhere shall be used according to his/her written statement.

(IV) Death benefits shall be nonexempt when the amount received exceeds the deceased person's last illness and burial expenses.

(V) Infrequent or irregular income including gifts and interest, which cannot reasonably be anticipated, shall be in the form of cash or check and is received only once during a calendar quarter, shall be exempt when the total does not exceed $50 per individual in the assistance unit.

(VI) Insurance Settlement - Money received by a person(s) from a company for damage of property or person for trauma is income. Any cash received from medical or liability insurers for medical services already received by the individual is not income. However, any amount received which exceeds the actual cost of the medical expenses shall be counted as unearned income.

(VII) Lump sum.

(1.) The total amount less legal fees required to make the money available and less the amount designated by the payer or source for medical expenses shall be considered.

(2.) A lump sum (one-time payment) may cause a recipient to become ineligible or eligible for reduced benefits if the amount cannot be excluded using the infrequent and irregular policy.

(3.) The period of ineligibility or reduction, when appropriate, begins the month following the month the lump sum is received.

(4.) The period of ineligibility shall be determined by dividing the lump sum amount by the maximum income limit on Appendix A plus one dollar ($1.00) for the assistance unit size.

(5.) The result is the number of months the assistance unit shall be ineligible for child care assistance. Any fractions shall be rounded up.

(6.) A shortened period of ineligibility shall be allowed in the specified situations and under the specified conditions:

a. One (1) of these situations shall exist:

The assistance unit incurs and pays medical expenses not covered by health insurance or a third party;
A disaster beyond the control of the assistance unit which causes the lump sum to become unavailable to the assistance unit; or
The lump sum was received from an insurance policy payable because of a loss or reimbursement for the actual cost of replacement. It does not include payment received for "pain and suffering"; or
The lump sum payment was issued in error and written verification from the payer is received indicating the client is required to return the lump sum money; and

b. One (1) or more of these conditions shall be met:

The lump sum was spent for food, clothing, and/or shelter prior to when the disaster occurred; or
The lump sum has been or shall be spent for expenses related to the situation; or
The assistance unit has no other income to meet the expenses of the disaster.

(VIII) Self-employment - The net income shall be determined by subtracting the business expenses from the gross income.

(1.) To determine farm self-employment net income, operating expenses from the operation of a farm by a person on his account, as an owner, renter, or sharecropper shall be subtracted from the gross receipts. Gross receipts include the value of all products sold, government crop loans, money received from the rental of farm equipment to others, and incidental receipts from the sale of wood, sand, gravel, and similar items. Operating expenses include cost of feed, fertilizer, seed and other farming supplies, rent, interest on farm mortgages, farm building repairs, farm taxes (not state and federal income taxes) and similar expenses. The value of fuel, food or other farm products used for assistance unit living shall not be included as part of net income.

(IX) Veterans' Administration (VA);

(1.) Service connected disability payments are exempt when the compensation on an annual basis is not more 100% of the federal poverty level (FPL) as determined by Office of Management and Budget (OMB). Use the full amount when it exceeds 100% of the FPL.

(2.) The portion of the payment made under the Veterans' Educational Assistance Program (GI Bill) actually used for items such as tuition, books, fees and other costs necessary for school attendance is exempt if the same expense is not covered by another loan, grant, scholarship or program.

(3.) All other payments made through the VA shall be nonexempt.

(G) Income eligibility shall be determined as follows:

(I) Income levels shall be re-determined at least once every 12 months, or more often when a change of circumstance occurs.

(II) All countable income including gross earnings and cash benefit programs paid to the client shall be included.

(III) All income shall be budgeted prospectively.

(H) Any amount of money given to eligible clients by their employer or any other person, for the purchase of child care shall not be counted as income when determining eligibility.

(v) Resources shall not be considered in determining eligibility.

Section 9. Benefit Computation.

(a) The child care provider shall be required to use the method or form prescribed by DFS to report child care expenses and to submit it to DFS.

(b) All bills shall be reviewed for auditing purposes prior to authorizing payment for child care services.

(i) Determine the type of child care provider;

(ii) Determine the actual charge for child care;

(iii) Compare the actual charge to the DFS market rate for the type of care used and the state maximum limit; and

(iv) Authorize the payment based on the Department's directive on maximum payment.

(A) If the actual charge exceeds the local market rate or State limit, the client is responsible for the balance.

(d) Participants in the SNAP E&T program shall be limited to child care assistance as outlined for the E&T program, unless the subsidy payments are made through the CCDF.

(e) A part day or full day slot shall be purchased for days the caretaker(s) is participating in an approved activity when the licensed child care facility has payment policies which require private pay customers to purchase a child care slot.

(f) When a full day has been authorized at a facility with full day rates, child care shall not be authorized at a second facility during the period of time that the full day began and ended at the first facility.

(g) Payment shall be based on the actual time the recipient is actively participating in work, employment training, an educational program, a POWER work requirement activity, or a SNAP E & T component activity.

(i) Subject to the availability of funds, recipients in an approved education program shall be provided at least two (2) hours of dependent day care, if needed, for each hour the applicant is required to be in class, laboratory or other required instructional activity not to exceed the statewide maximum limit.

(ii) Child Care benefits for self-employment activities shall be calculated by dividing the monthly net income by the federal minimum wage prior to deducting the earned income disregard. The result is the number of child care hours which may be authorized per month.

(iii) One (1) hour per day for lunch, if it occurs during the activity schedule, is allowed except for those participating in a SNAP E & T component.

(iv) No more than 12 hours per month for a maximum of two (2) months in each twelve (12) month period for SNAP E & T individual job search is allowed.

(v) Child care hours for the time the client participates in a POWER work requirement activity as verified by the POWER work requirement case manager are allowed.

(vi) Up to one (1) hour per day shall be allowed when needed for transportation time to the child care provider and the work activity.

(vii) Child care shall only be provided for classes that are required to complete the degree or program.

(viii) Time for special situations as indicated by the instructor as part of the class work can be allowed.

(ix) No time shall be allowed for study time.

(h) Payment for child care services cannot exceed 16 hours in a 24-hour day unless:

(i) Overnight travel is necessary for the caretaker(s) to accept or maintain employment, and

(ii) The absence of the caretaker(s) does not exceed 30 days.

(i) Payment to hold a child care slot, for days and/or hours the parent is not participating, in an approved activity shall not be allowed unless contracted by DFS as part of an expansion/collaboration project.

(j) Duplicate payment by DFS when child care is paid by other programs, agencies or persons shall be prohibited.

(k) The amount given to the client or child care provider by another source for child care shall be deducted from the bill prior to DFS payment of the bill.

(l) Payment of child care for arrangements not authorized by DFS shall be the sole responsibility of the client.

(m) Payment shall be made directly to the child care provider and not to the client.

(n) Payment to the provider shall be made based on the provider's usual rate schedule for private pay customers shall not exceed the provider's daily, weekly, or monthly rate and shall not exceed the part day and/or full day rates established by the provider for DFS purposes, whichever is less.

(o) Payment rates based on the child's age shall be determined by the child's age on the first day of the month.

(p) Payment for substitute providers shall be the responsibility of the provider who hired the substitute.

(q) DFS-FO worker shall authorize payment on the DFS computer payment system.

(r) DFS has no responsibility for unpaid bills for child care fees charged above the DFS rates or for the collection of the caretaker(s) obligation for the cost of care.

(s) Rates for all child care program categories except payments made with SNAP E&T funds shall be based on sliding fee scale in Appendix A.

(t) Payments subject to SNAP E&T regulations are limited to $200 per month for infants and $175 per month for children two (2) years or older.

(u) Up to an additional $250 per month may be paid for providing special needs services for the care of a child with documented physical or psychological special needs.

(i) The special needs shall be verified and specified by a medical professional.

(ii) The provider shall submit proof of specialized education, experience or training needed to meet the special needs of the child from an appropriate professional.

(iii) The caretaker(s) shall apply for and accept any services which are available to meet the special needs before special needs child care can be approved.

(iv) A DFS eligibility supervisor or program manager shall approve the payment.

(v) Special needs child care is not respite care.

(v) Payment starting date for new cases is the date of the child care application, the date the child first enters care, or the date the parent began the approved activity, whichever is later when the provider has met the provider eligibility requirements during the 30-day application processing time.

(w) Payment starting date for ongoing cases when a provider change is made shall be the date the change occurred when the Provider Registration process is completed within the ten (10) day period for reporting changes. If not completed within ten (10) days of the change, the date shall be the date Provider Registration is complete.

(x) When 10% of the CCDBG funds are remaining, only the following shall be eligible: assistance units where the caretaker(s) is working with income through step two (2) of the sliding fee scale in Appendix A and children in all steps who have special needs.

Section 10. Benefit Period.

(a) Authorization begins with the date of the child care application, the date the approved activity begins, or the date the child first entered child care, whichever is later. The provider shall meet the provider eligibility requirements during the 30-day client application processing time or during the client change of report period.

(b) When there is presumptive eligibility for child care assistance, payment shall be assured to a licensed child care facility for 30 days to allow for application processing.

(i) The eligibility worker shall issue notice of presumptive eligibility within seven (7) working days from the date of application to the provider.

(ii) The eligibility worker shall authorize child care assistance within 30 days from the date of application.

(A) If documentation of circumstances shows the assistance unit to be eligible, a minimum of 12 months of child care shall be authorized from the date of application.

(B) If documentation of circumstances shows the assistance unit to be ineligible, only 30 days of child care assistance shall be authorized and the application shall be denied for continued assistance.

(iii) Authorization for assistance based on presumptive eligibility shall not be made more than once in a 12-month period.

(i) When a new child is added to the household and approved for care the new 12 month authorization period shall coincide with the date the new child is added.

(d) Child Care benefits for seasonal workers shall be authorized for a minimum of 12 months.

(e) Child Care benefits for POWER work requirements and/or E & T activities shall be authorized according to the schedule established by the assistance unit's POWER work requirements and/or E & T worker but for no longer than 12 months at a time.

Section 11. Notification.

(a) The eligibility worker shall notify the applicants of child care assistance in writing within 30 days of the date of application the application has been approved and the amount and duration of the programs or the reason for denial of the application.

(b) The eligibility worker shall notify, in writing, the recipients of child care assistance of action when benefits are reduced or terminated. The notice shall give the effective date and reason for the action.

(c) The eligibility worker shall provide mailed written notice of reduction or termination of benefits to be received no later than the effective date of action or the date payment is made. The notice shall include the applicable legal citations and the recipient's rights to an administrative hearing.

(d) It is the client's responsibility to complete the Child Care Review prior to the expiration of the eligibility period to ensure continuity of benefits. DFS is not required to send reminder notices when the authorization or eligibility period is ending.

Section 12. Good Cause.

(a) Good cause for changing child care providers more than six (6) times in a 12 month period shall be:

(i) The provider no longer provides child care services;

(ii) The child care provider is required to be licensed but is no longer licensed;

(iii) The provider is ill and unable to care for the child(ren) temporarily;

(iv) The child's special needs are not being met by the current provider;

(v) Imminent danger to the child; or

(vi) Other factors as determined by DFS-Regional Manager.

(b) Good cause for untimely reporting/verifications shall be:

(i) The applicant/recipient was out of town due to illness or death of a parent, grandparent, child, grandchild or sibling during the timely reporting period.

(ii) The relative/caretaker or child in the household was in the hospital during the timely reporting period.

(iii) The postmark on the envelope proves the information, change report and/or verification(s) was late due to problems in the postal service.

(iv) Circumstances of weather or disaster prevented the delivery or return of the information, change report and/or verification(s).

(v) Other circumstances beyond the caretaker's control for which no alternative was available.

Section 13. Overpayment, Recovery or Fraud Referral.

(a) An overpayment claim shall be filed against an assistance unit when it is discovered the assistance unit received benefits to which it was not eligible.

(b) The overpayment shall be established from the date the overpayment occurred.

(i) The provider overcharged the agency.

(ii) The provider misrepresented or gave false information on the Bill for Child Care Services.

(iii) The provider hired a person as a substitute who did not meet the substitute definition.

(iv) The provider misrepresented the information on the Provider Registration Form and would not have been eligible as a child care provider.

(d) An overpayment claim shall be filed against either the provider and/or assistance unit, whichever is appropriate, when it is discovered that the agency created the overpayment.

(i) The overpayment shall begin with the month the change would have been effective had the DFS-FO acted timely and correctly.

(ii) A claim shall be filed against the provider when the child still attends care with that provider.

(iii) A claim shall be filed against the assistance unit when the child no longer attends that child caring facility.

(iv) An overpayment to a provider currently receiving child care payments or benefits shall be recovered through a reduction in the amount payable to the provider.

(v) Up to the total amount of payment the provider is eligible to receive may be recovered from the provider before payment is issued.

(vi) Recoupment of child care overpayments may be made from POWER benefits upon a voluntary written request of the assistance unit.

(vii) Overpayments to individuals may be recovered from the assistance unit which was overpaid, from individuals who were members of the assistance unit when overpaid, or from an assistance unit which includes members of a previously overpaid assistance unit. In cases of former recipients or recipients who refuse to repay, recovery shall be made by appropriate action under State law against the income and resources of the overpaid individual or assistance unit.

(viii) Underpayments and overpayments may be offset against each other in correcting incorrect payments.

(e) An overpayment and recovery shall be established in all cases of client fraud and in all cases where the overpayment amount would equal or exceed the costs of recovery.

(i) Cases in which it appears the client purposely misreported or failed to report information for more than one (1) payment month, or the circumstances are the same as previous program offenses, shall be referred to the Eligibility Integrity Unit for possible prosecution or intentional program violation.

(ii) Penalties and procedures shall follow those set forth in Eligibility Integrity Unit Rules.

Section 14. Child Care Provider Eligibility and Payment Requirements.

(a) The selected child care provider shall:

(i) Be someone other than a mother, father, stepparent, member of the assistance unit, or foster parent who keeps or cares for a minor at the request of the caretaker(s) or an agency that is legally responsible for the child and receives payment for that care.

(ii) Be at least 18 years old or be emancipated.

(iii) Be licensed by the State of Wyoming unless the provider is legally exempt from licensing.

(iv) Provide care within the State of Wyoming.

(v) Complete the provider registration process.

(vi) Complete an approved pre-service health and safety orientation training and eight (8) credits of health and safety training annually thereafter.

(vii) Annual physical inspection of non-relative providers.

(viii) Meet all state, local, and federal laws related to operating a child care business.

(ix) Meet the minimum health and safety standards, which shall include the following:

(A) An operable smoke alarm or detector shall be installed on all floor levels;

(B) The use of tobacco (including any vape products), illegal drugs and or consumption of alcohol is prohibited during hours of operation;

(D) Weapons, ammunition, poisons, chemicals, bleach and cleaning materials shall be locked up to make them inaccessible to children;

(E) Current certification in Adult and Pediatric CPR and Adult and Pediatric first aid training shall be maintained;

(I) Verification shall be submitted to the local DFS office within 90 days of initial registration as a legally exempt provider; and

(II) Verification shall be submitted to the local DFS office prior to approval as a legally exempt provider when the provider was previously terminated for failure to submit required verification.

(F) The provider shall keep attendance, immunization and health information including special dietary needs and/or food allergy records and plans for children with special needs as soon as they are enrolled in the program. Special dietary needs and/or food allergies shall be posted in food preparation and eating area. Immunization records as required by Wyoming law and the Department of Health shall be on file for all children;

(G) The provider shall keep a medical consent form and an Authorization for Emergency Medical Care form signed by the parent or a legal guardian of the child. All medications shall be safely stored and administered according to directions;

(H) The overall condition of the child care facility and grounds, including play areas, equipment, and toys shall be maintained in a clean, uncluttered, safe condition and free of hazards, including items that may cause heat injuries;

(I) Unused electrical outlets shall be covered with safety caps;

(J) Fire exits shall be clear and exit doors remain unlocked or have locks allowing all parties to safely exit;

(K) Serious injuries and deaths shall be reported to DFS and kept on file;

(L) Awake infant and toddlers shall be directly supervised by staff at all times. Child in kindergarten or under six (6) years shall be directly supervised outside;

(M) Infants shall be placed on a firm flat surface, on their back to sleep, without anything over their head or face. Lighting in the sleep area shall be sufficient;

(N) The provider shall have an expulsion and suspension policy to promote social-emotional and behavioral health of children and limit the use of expulsion, suspension, and other exclusionary practices;

(O) Vehicles used to transport children shall be maintained in safe condition, with appropriate child safety restraint systems and shall comply with applicable motor vehicle laws. Operators of vehicles used to transport children shall have the appropriate and valid motor vehicle license; and

(P) Emergency preparedness guidelines and procedures shall be given to parents in writing and include:

(I) How parents shall be notified in case of an emergency at the facility;

(II) The relocation site with contact information for the site;

(III) Procedures for child reunification or release;

(IV) Procedures for evacuation, shelter-in-place, lockdown, and staff and volunteer practice drills;

(V) Plans for accommodations of infants and toddlers, children with disabilities, and children with chronic medical conditions; and

(VI) All children with food and other allergies should have an emergency care plan in place. For food allergies, the plan shall provide detailed instructions about which food(s) the child is allergic to and what to do if an allergic reaction occurs, including the names, doses, and methods of administration of any medications that the child should receive in the event of a reaction. The plan shall also include specific symptoms that would indicate the need to administer one or more medications. The same shall be developed and in place for children with any other allergy. All persons who come in contact with the child(ren) who have a plan for emergencies, shall be fully aware of the plan and the plan shall be followed.

(Q) When water hazards are present within the approved play area, the following shall apply:

(I) Be enclosed by a fence no less than four (4) feet high;

(II) Written parental consent is required for use of a swimming or wading pool;

(III) An adult staff member shall be in the immediate vicinity at all times when a water hazard is available and accessible; and

(IV) An adult shall remain in direct physical contact with infants at all times.

(R) Where vehicular traffic is present, an adult staff member shall be in the immediate vicinity at all times. An adult shall remain in direct physical contact with infants at all times.

(S) Handling, storage and disposal of all of hazardous material and of bio contaminants must follow label instructions.

(T) Wash hands after using the toilet or helping a child toilet, handling bodily fluid, handling pets, cleaning, or handling the garbage, before and after diaper changing, handling food, eating, and giving medication. And children shall wash their hands before and after eating and after using the toilet, handling pets, and/or playing in sandboxes.

(x) Written guidance, discipline and prevention of child maltreatment policy shall be followed and shall:

(A) Not include any discipline that is in violation of applicable laws;

(B) Outline methods of guidance appropriate to the ages of the children enrolled;

(C) Explicitly describe positive guidance, such as redirection, natural and logical consequences, modeling of positive behavior and other non-violent, non-abusive methods of discipline;

(D) Be included in orientation; and

(E) Identify behaviors which shall be prohibited in all child care settings:

(I) Rough handling of children, including but not limited to: hitting, spanking, beating, shaking, pinching, pushing, or other measures that could produce physical pain.

(II) Inappropriate language, including but not limited to profanity, name-calling, derogatory or demeaning terminology or screaming related to disciplinary purposes.

(III) Any form of emotional maltreatment, including rejecting, terrorizing, corrupting, isolating or ignoring a child, humiliation, including threats of physical discipline.

(IV) Any form of sexual behavior, including but not limited to conversations or contact or nudity.

(xi) All persons are required to report cases of suspected child abuse or neglect. A provider, director, or their staff shall report immediately to the local DFS FO and local law enforcement any circumstances indicating that a child in care may have been subjected to abuse or neglect by a person inside or outside of a program.

(xii) The provider shall furnish to the local DFS FO, the name, Social Security Number and a signed authorization of release from all adult household members, staff and any substitute provider(s) who have access to the child(ren) placed in care.

(A) The provider shall be held responsible for the actions of any employee, substitute or household member who has contact with the child(ren) while the child(ren) is in care.

(B) Refusal of the provider to furnish the name(s) and Social Security number(s); or the presence of any person(s) in the child care facility against whom there has been substantiated child abuse or neglect may make the provider ineligible to receive payment from DFS for child care services.

(xiii) Background Check. The following shall be completed for the applicant, all staff, and all adult household members, including any adult who intends to move into the home:

(A) A Central Registry or child abuse/neglect check which does not reveal any disqualifying information shall be completed initially and every five (5) years thereafter; in Wyoming and in all states lived in for the past five (5) years for staff and all adult household members including any adult who intends to move into the home.

(B) Completed National Sex Offender Registry check and State Sex Offender Registry checks shall be completed initially and every five (5) years thereafter for Wyoming and for each state the person has lived in for the past five (5) years. A person shall not be employed or present in the facility if the Sex Offender Registry check(s) states the person is a registered sex offender

(C) A full fingerprint based national criminal history record background check shall be completed initially and every five (5) years thereafter. A state criminal registry check shall be completed initially and every five (5) years thereafter for Wyoming and each state the person has lived in for the past five (5) years. Staff, household members, substitutes, and volunteers may not be employed or present in the facility if the background checks indicate they have been convicted or have a pending deferred prosecution of a felony or misdemeanor.

(I) Disqualifying information is defined in Chapter 4, Section 3(a)(iv) and (v) of the Child Care Licensing Rules. https://drive.google.com/file/d/1FZgAxarFCOsZDYNarber0XVAoQ6avk3q/view

(II) Disqualified applicant, staff, or any adult household member, including any adult who intends to move into the home, may request a review of accuracy and completeness of the criminal history from the Department within 10 days of the receipt of the disqualification notice, in accordance with Chapter 4, Section 3(a)(v)(D) and (E) of the Child Care Licensing Rules.

https://drive.google.com/file/d/1FZgAxarFCOsZDYNarber0XVAoQ6avk3q/view

(xiv) Allow parental access any time during business hours.

(xv) Make the Provider Registration Form available for public viewing upon request.

(xvi) The substitute provider shall meet the minimum health and safety standards and complete the provider registration process if the care goes beyond 24 hours during a month because the provider is no longer considered a substitute.

(xvii) Maintain attendance records for each child in care and other evidence services were provided for a period of three (3) years, in accordance with each authorization and make these records available to state and federal auditors upon request.

(b) Payment for provider services shall be allowed only to providers who meet the criteria listed in (a) above as verified by the caretaker(s).

(i) For the period of time the provider is in violation of any federal, state, or local law, rules and/or regulation applicable to a child care business.

(ii) When abuse or neglect has been substantiated, against the provider, staff or other household member(s), unless a good cause determination has been made.

(iii) When one (1) of the natural, adoptive parents or stepparents is in the home and available to care for the child(ren) unless the child(ren) would be at risk of neglect or abuse as verified by Child Protective Services (CPS) if the stepparent or the grandparent in a minor parent situation provides the care.

(iv) An E&T participant is not entitled to the dependent care reimbursement if a member of the E&T participant's SNAP assistance unit provides the dependent care services

(d) The child care provider is not considered a State of Wyoming or DFS employee.

(e) The child care provider shall complete the prescribed DFS form for child care expenses and return it to the DFS-FO as necessary.

(i) The DFS payment amount shall cover and not exceed the actual eligible authorized hours used at the lowest rate of the actual charge, local market rate, or statewide limit.

(ii) Payment is not allowed to more than six (6) providers per child within a 12 month period unless good cause has been established by DFS.

(f) The State of Wyoming and DFS have no responsibility for unpaid bills for child care fees charged above state rates or for the caretaker's obligation for the cost of care.

(g) The provider has the right to establish the child care rates for his/her facility.

(i) The rates charged to those receiving assistance from DFS shall be the same rates as those charged to non-DFS clients.

(ii) The provider shall only have part/full day rates.

(iii) Providers shall submit any change of their rates to DFS using a prescribed DFS form and a copy of the rate sheet they use for non-DFS clients.

(iv) DFS shall use the new rate when the provider submits the new rate more than five (5) working days prior to the effective date of the change. When the new rate is submitted less than five (5) working days prior to the change, the new rate shall be effective five (5) working days after it is received. The new rate applies only to authorizations written after the rate change.

(h) When a provider requests an administrative hearing on action taken by the Child Care Licensing Unit, payments may continue during the administrative process, unless there is a substantiated child abuse or neglect case.

(i) In order to receive child care assistance payments, legally exempt home providers shall not provide child care for more than ten (10) children under school age in an immediate family unit. The ten (10) child limit for one (1) immediate family unit in the home shall include the provider's own children under school age. In the case of grandparents, the total number of children shall never exceed six (6).

(j) In order to receive child care assistance payments, centers supervised by the state, any local government, school district or agency or political subdivision thereof, shall have a ratio of one (1) adult to no more than 30 children, age five (5) and older, or one (1) adult to 20 children, when there are three (3), or more children ages three (3) to four. The maximum group size is 40 children. Group size may not be exceeded for more than one (1) hour during opening and closing hours and special events. Building or room capacity shall not be exceeded and staff: child ratios shall be maintained.

Appendix A

Child Care, Purchase of Services

Chapter One

Sliding Fee Scale

| | Step1 | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 | | --- | --- | --- | --- | --- | --- | --- | | Maximum Income Eligibility Level as a Percent of the Federal Poverty Level | 100% | 125% | 150% | 175% | 200% | 225% |

The Sliding Fee Scale is used to determine the income eligibility levels of the households and to establish the household's co-payment. The Sliding Fee Scale maximum income eligibility level is a percentage of the Federal Poverty Level for the size of household. Section 658P(4) of the Child Care and Development Block Grant Act of 1990, as amended, provides that the maximum income eligibility level cannot exceed eighty-five percent (85%) of the Wyoming Median Income based on family size. The scale shall be adjusted annually no later than April 1st when the Federal Poverty Level is made available for DFS.

The parental obligation (also known as co-pay) shall be determined based on the calculation set forth in W.S. § 42-2-103 (f) and published in the Wyoming Child Care and Development State Plan.

A1-1

Appendix B

Child Care, Purchase of Services

Chapter One

Types of Income and Calculation Method

| INCOME SOURCE | EARNED | UNEARNED | EXEMPT | NONEXEMPT | | --- | --- | --- | --- | --- | | | | | | | | Accumulated vacation/sick leave | X | | | X | | AmeriCorps living allowance | X | | | X | | AmeriCorps child care allowance | | X | X | | | College Work Study | X | | X | | | In-kind wages | X | | | X | | JTPA (not HS student) | X | | | X | | JTPA (FT HS student < 18) | X | | X | | | Jury duty | X | | | X | | Sale of blood/plasma | X | | | X | | Severance pay | X | | | X | | U.S.D.A. food reimbursement | X | | | X | | Vacation/sick pay | X | | | X | | Wages, dependent child | X | | X | | | Wages, tips, bonuses | X | | | X | | | | | | | | Child care | X | | | X | | Property income (working to produce) | X | | | X | | Room and board | X | | | X | | Sale of produce/animal by-products | X | | | X | | Self-employment | X | | | X | | | | | | | | Adoption assistance | | X | X | | | Alimony | | X | | X | | Assistance from other programs, purpose covered by POWER | | X | | X | | Assistance from other programs, purpose not covered by POWER | | X | X | | | Burial fund income | | X | | X | | Contribution to client | | X | | X | | Death benefits (1 time only) | | X | X | | | Disability insurance | | X | | X | | Dividends/interest | | X | | X | | DVR (not covered by POWER) | | X | X | | | DVR (covered by POWER) | | X | | X | | Emergency assistance | | X | | X | | Foster care | | X | X | | | General assistance | | X | | X | | Gifts up to $50 per qtr. | | X | X | | | Gifts - amount > $50 per quarter | | X | | X | | HUD Escrow Acct (cash) | | X | | X | | Indian judgment funds | | X | X | | | Indian per capita | | X | X | | | Inheritance (money) | | X | | X | | Joint bank account | | X | | X | | Loan - bona fide | | X | X | | | Loan - non-bona fide | | X | | X | | Military allotment | | X | | X | | Mineral lease income | | X | | X | | Pensions/retirement | | X | | X | | Personal injury ins. | | X | | X | | Private energy assistance | | X | X | | | Prizes/winnings | | X | | X | | Property income (not working to produce) | | X | | X | | RR retirement or UI | | X | | X | | Royalty income | | X | | X | | RSDI | | X | | X | | Spousal support | | X | | X | | SSI | | X | X | | | UIB | | X | | X | | Utility allowance by HUD | | X | X | | | Utility allowance not from HUD | | X | | X | | Vendor payment | | X | X | | | VA benefits | | X | | X | | VA (GI bill) - portion used for school | | X | X | | | VA service connected disability | | X | X | | | Victims compensation Reimbursement Lost wages | | X X | X | X | | Volunteer under federal program at time of application | | X | X | | | Volunteer under federal program after receipt of POWER | | X | | X | | Windfalls | | X | | X | | Workers' Compensation | | X | | X | | | | | | | | Educational income/student financial assistance BIA grant Guaranteed Student Loan Natl Direct Student Loan Non -title IV Other non-federal Title IV PELL Scholarships SEOG State Incentive Grant VA grant for education | | X X X X X X X X X X X | X X X X X X X X X X X | |

History

Effective 2025-05-07

111 Child Care Licensing

Chapter 1 General Provisions

Wyo. Code R. 049.0033.1.04212026 General Provisions

CHAPTER 1

GENERAL PROVISIONS

Section 1. Authority. These rules are promulgated pursuant to W.S. § 9-2-2104(a)(vii) and W.S. § 14-4-104.

Section 2. Purpose. These rules have been adopted to provide uniform licensing for the protection of children in a Family Child Care Home, Family Child Care Center, and Child Care Center. The Department has specific rules to comply with requirements of the federal Child Care Development Block Grant (CCDBG), Pub. L. 113-186, which include but are not limited to: criminal background checks, health and safety for facility and staff training, emergency preparedness plan, expulsion and suspension, and ratios and groups size limitations.

Section 3. Severability. If any provision of these rules is declared unconstitutional or beyond the authority conferred upon the Department of Family Services (Department) by the Wyoming Legislature, the remaining provisions shall not be affected by the declaration.

Section 4. Introduction. The Department is responsible for the licensing, monitoring and enforcement of the rules for all Wyoming providers of child care services covered in these rules. Owners/Directors are required to comply with all federal, state and local laws, statutes and rules that pertain to a child care business in addition to these rules. Allegations of violations of applicable laws, statutes or rules shall be reviewed by the Department and appropriate action taken by the Department.

Section 5. Notice.

(a) Except as provided in paragraph (b) or as otherwise provided in these Rules, the

Department shall give notice in writing, which may be delivered by first class mail or electronic means.

(b) The Department shall give notice in writing for immediate suspension, which

shall be delivered in person.

Section 6. Definitions.

(a) "Adult" means an individual 18 years of age and older.

(b) "Certification" refers to the laws governing the issuance of a child care license or certificate in accordance with W.S. §§ 14-4-101 through 117. Certification and Licensing are used interchangeably in these rules.

(c) "Child abuse or neglect" means the improper treatment of children as defined in W.S. §§ 14-3-202(a)(ii) and 14-3-202(a)(vii).

(d) "Child care" is a service for families provided on behalf of children and their parents, and designed to supplement daily parental care, excluding facilities defined in the Certification of Providers of Substitute Care Services, 09-03-2021. http://soswy.state.wy.us/Rules/default.aspx

(e) "Child safety restraint system" means any device which is designed to protect, hold or restrain a child in a privately owned, leased or rented noncommercial passenger vehicle in such a way as to prevent or minimize injury to the child in the event of a motor vehicle accident or sudden stop.

(f) "Communicable disease" means an illness that spreads directly or indirectly from person-to-person with the potential to cause a serious infection.

(g) "Constant air inflatable device" means a structure relying on a continuous supply of air pressure to maintain its shape, on or in which users play.

(h) "Department" means the Department of Family Services that has the statutory authority to issue licenses, monitor compliance with rules, and all other administrative details.

(i) "Denial" means the action taken when an application or a request for renewal has been submitted, but the content of the application or request does not demonstrate compliance with these rules and a license cannot be issued. Denial includes non-renewal.

(j) "Developmentally appropriate" means suitable to the chronological age range and developmental characteristics of a specific group of children.

(k) "Direct care" means providing and attending to any needs of the children in care, including but not limited, to diapering, serving and/or feeding meals, administering medication, or providing discipline or guidance, and may include direct supervision when required under these rules.

(l) "Direct supervision" means the function of undistracted observing, overseeing, and directing a child or group of children, including an awareness of, and responsibility for, the ongoing activity of each child and being near enough to respond to a child's needs to minimize harm or accidents.

(m) "Director" means any person who is employed to operate a Family Child Care Center or Child Care Center.

(n) "Group size" means the maximum number of children allowed to occupy an individual classroom or well-defined space.

(o) "Household member" means a person who resides in a family home which may be evidenced by factors including, but not limited to: maintaining clothing and personal effects at the household address, receiving mail at the household address, using identification with the household address, or eating and sleeping at the household address on a regular basis.

(p) "Inaccessible" means children are unable to access an item or area due to the use of a lock or child-proof barrier or the item is too high for children to easily reach.

(q) "Infant" means any child in care from birth to 12 months of age.

(r) "Inspection" includes, but is not limited to an examination and assessment of the entire facility, premises, equipment, required records, and measurement of the indoor and outdoor space.

(s) "Licenser" means the representative of the Department who performs inspections and monitors compliance of these rules.

(t) "Medication" means any medication prescribed by a health care professional and commonly used non-prescription over-the-counter medications including, but not limited to sunscreen, insect repellant, and topical medications.

(u) "Owner" means a person or legal entity, who applies for and is issued a license.

(v) "Parent" means an individual who is legally responsible for the child, such as a mother, father, legal custodian, or legal guardian.

(w) "Premises" means the parts of the structures and outdoor play space used for child care activities or adjoining space that could present a hazard to children in licensed space.

(x) "School age child" means a child who is five (5) years or older.

(y) "Staff" means any owner, director, employee including teacher and support staff, substitute, or volunteer providing direct care of children and/or used to meet staff:child ratio requirements.

(z) "Substitute" means any individual who is fully qualified to work in a child care facility, and provides direct care to children in the absence of a regular, ongoing staff member.

(aa) "Swaddling" means the act of wrapping a child with a material such as a cloth or a blanket that restricts the movement of a child's body and limbs.

(bb) "Swimming pool" means any body of water containing more than 12 inches of water, which could be used for the purpose of swimming or any other recreational activity.

(cc) "Toddler" means any child in care from 12 to 36 months of age.

(dd) "Transportation" means anytime a child in care is driven in a vehicle, whether provided, arranged, or contracted by the program.

(ee) "Use zone" means the surface under and around a piece of equipment onto which a child falling from or exiting from the equipment would be expected to land.

(ff) "Unsupervised access to children" means an individual being present with children without personnel present who has a complete criminal history review.

(gg) "Visitor" means an individual, including an intern, who is present in a child care facility for no more than 24 hours in a month and who is present only for the purpose(s) of providing a program, service, conducting an inspection, investigation, observation or evaluation, and who is not counted in staff:child ratios, does not supervise children, does not provide direct care and is within sight and sound of a staff member at all times.

(hh) "Weapon" means, but is not limited to, a firearm, explosive or incendiary material, or other device, instrument, material, or substance, which is reasonably capable of producing death or serious bodily injury.

(ii) "Youth Trainee" means a youth age 13 to 15 who is not acting as staff and not receiving any form of payment or compensation.

History

Effective 2026-04-21

Chapter 2 Licensing Process

Wyo. Code R. 049.0033.2.04212026 Licensing Process

CHAPTER 2

LICENSING PROCESS

Section 1. Licensing Statutes.

(a) Any person who provides care for more than two (2) children is required to be licensed unless exempt under W.S. §§ 14-4-101 and 102. For a list of exemptions, visit the Department's website at Child Care - Wyoming Department of Family Services, https://dfs.wyo.gov/providers/child-care-2/who-needs-to-be-licensed/. If the exemptions are combined, the total number of unrelated children cannot exceed two (2) children unless all of the unrelated children are from one (1) immediate family unit and in the case of grandparents, the total number of children shall never exceed six (6).

(b) Owners who are legally exempt may request voluntary licensing.

Section 2. Application Process.

(a) Information and resources on the child care licensing process shall be made available by the Department.

(b) Applications shall be submitted for new facilities and when there is a change in ownership or physical location.

(c) The following items are required to be submitted with a signed and dated application filled out in its entirety or within 30 days of the Department's receipt of a complete signed and dated application:

(i) Inspections and/or approval of state or local fire, sanitation, and zoning officials (where required);

(ii) Completion of the following background checks from all states lived in for the past five (5) years for staff and all household members 18 years of age and older residing in or moving into the facility that do not reveal any disqualifying information:

(A) Central Registry or child abuse/neglect check;

(B) Fingerprint based national and state criminal history record check; and

(iii) Documentation of completion of pre-service training in accordance with Chapter 11, Section 4(a);

(iv) A current list of members of the governing body (board of directors), owners and shareholders (if applicable) and their contact information; and

(v) A fee of $25.00.

(d) Within 30 days after an application has been filed, the Licenser shall conduct a scheduled inspection of the child care facility. The Licenser shall take action on the application by either the issuance of a one (1) year license, issuance of a provisional license, or denial of the application.

(e) If all required documentation is not received within 30 days of the date the Department receives the application, the application shall be denied.

Section 3. Provider Responsibilities.

(a) Upon receiving a license, the owner/director shall comply with the following:

(i) Shall admit the Department, Child Protective Services, Law Enforcement, Health, Fire, and any other relevant inspector;

(ii) Shall not make false statements or submit false documentation; and

(iii) Comply with all rules and corrective action plans.

Section 4. Changes to the Facility.

(a) An owner or director shall provide a written notice or request to licensing as soon as the following changes are known:

(i) Name of the facility;

(ii) The director or members of the board of directors;

(iii) Changes in the classification or capacity;

(iv) Structural modifications, or changes to the use of the rooms approved for child care;

(v) Change of mailing address or phone number of the facility;

(vi) Change in household members, if located in a residence; and

(vii) Closure of the facility.

(b) Changes shall be effective when all required documentation has been received and/or inspection reports have been completed, or the date requested by the owner or director, whichever is later.

Section 5. Inspections and Monitoring.

(a) A minimum of one (1) annual unannounced and one (1) annual announced licensing inspection is required of all facilities.

(b) Additional licensing visits, scheduled or unscheduled, may be conducted during the licensing year for compliance monitoring, technical assistance, investigations, or other types of inspections.

(c) Annual fire, food safety, and health/sanitation inspections are required in addition to the Department inspection. Local ordinances may require additional inspections.

(d) The primary purpose of inspections is to determine compliance with licensing rules, and inspections may include, but are not limited to:

(i) Examination and assessment of the entire facility, equipment, and records for compliance with licensing rules;

(ii) Measurement of available indoor and outdoor play space initially and with any change;

(iii) Investigation of a complaint;

(iv) Documentation and discussion of any licensing violations and provision of technical assistance; or

(v) Follow-up to determine if the facility has corrected all violations.

Section 6. License.

(a) A license may be issued for a new facility, for renewal of an existing license, or to change the existing license.

(b) A license shall be issued when the Department has reviewed all applicable inspection reports and program documents and determines that a facility:

(i) Is in compliance with the applicable Federal, State and local laws, rules and regulations unless a variance for an exception to a specific regulation has been approved by the Department;

(ii) Has no open investigations by Child Care Licensing, Law Enforcement, or Child Protective Services pending against the owner, director, staff, or household member; and

(iii) Has resolved any determination of non-compliance from a prior or currently held license.

(c) Each license is issued for one year and for the address, owner, and child care facility named on the license. Licenses are not transferable or assignable.

(d) Two (2) or more licenses shall not be issued for the same, adjacent or shared locations unless the facilities operate independently of one another by:

(i) Not using shared or common equipment simultaneously; and

(ii) Maintaining all records and complying with all child care licensing rules independent from the same, adjacent or shared facilities.

(e) A copy of the license shall be prominently displayed in the facility.

(f) When a facility closes, relocates, or there is a change in ownership, the license shall be invalid.

Section 7. Provisional License.

(a) A provisional license, for a period not to exceed six (6) months, may be issued for an initial or renewal license, permitting operation of a child care facility when:

(i) The facility is unable to comply with all licensure requirements and standards, is making a good faith effort to comply, and is capable of compliance within a reasonable timeframe, as determined by licensing; and/or

(ii) Compliance with licensing rules is being monitored based on an approved corrective action plan (CAP).

(b) The Department may impose additional requirements or restrictions on a provisional license to ensure and maintain the safety of children. Additional requirements or restrictions may include, but are not limited to: reduced staff:child ratios, limits on the number of children in care, additional monitoring, or a Department-directed Prescribed CAP.

(c) A license for a one (1) year period shall be issued to replace a provisional license at any time full compliance is documented and/or monitoring is completed.

Section 8. Variances.

(a) The facility may submit a written request to the Department for a variance when the facility is unable to fully comply with a rule.

(b) The written request shall include:

(i) A compelling reason why the facility is unable to meet the rule requirement;

(ii) What accommodations the facility shall make to ensure the safety and well-being of children; and

(iii) How parents shall be informed of the variance.

(c) All requests for a variance shall be reviewed and approved or denied by the Department and the owner and/or director notified in writing.

(d) Variances shall be terminated at any time the safety and well-being of children is in jeopardy.

(e) Approved variances shall end upon the expiration of the current license or the date specified on the variance approval. A new request may be submitted to determine if continuation of the variance is appropriate.

(f) Approval of a variance request shall not be interpreted as permanently waiving compliance with these rules.

Section 9. Licensure Fees.

(a) At the time of the application, a licensing fee of $25.00 shall be submitted by all applicants.

(b) A renewal fee of $25.00 is due upon the expiration date of the current license or when a facility has submitted a request for a change in the renewal date.

Section 10. Renewal of a License.

(a) Renewal of an existing license shall be dependent upon submission of a request for renewal, payment of the renewal fee, a review of program documents and licensing, fire, and health inspection reports, and continued compliance with child care licensing rules.

Section 11. Complaints.

(a) When a complaint is received, the complainant's contact information is requested as additional information may be needed.

(i) The identity of a complainant is not shared or made public.

(ii) Anonymous complaints are accepted.

(iii) If complaints relate to non-licensing issues (i.e., rates charged and hours of operation), the complaint is not accepted for investigation and the complainant may be referred elsewhere when appropriate.

(b) Licensing shall notify local Child Protective Services or the local law enforcement agency when it receives a complaint of child abuse or neglect involving a child care facility or household member. Complaints concerning child abuse or neglect shall not be investigated by licensing.

(c) Complaints involving violations of child care licensing rules may be investigated by Licensing. When appropriate, joint investigations shall be made with Child Protective Services, fire or health inspectors, or law enforcement.

(d) Upon completion of the investigation, Licensing shall make a finding of compliance or non-compliance with the rule allegation and shall notify the facility owner, director and/or Board Chairperson of the findings in writing.

Section 12. Non-compliance with Rules.

(a) When non-compliance is documented during an inspection, a complaint investigation, or in response to a self-reported incident, the facility shall submit a Corrective Action Plan to licensing within ten (10) days.

(i) Dates for correction of non-compliance shall not exceed 30 days.

(ii) If the non-compliance is serious or places children's safety at risk, immediate correction may be required.

(iii) If the non-compliance was immediately corrected, a plan to ensure continued compliance may be requested.

(b) The Department shall review, within ten (10) days after receipt, the program's Corrective Action Plan (CAP) and shall approve, modify and approve, or disapprove the proposed Corrective Action Plan.

(c) The Department shall monitor the facility for implementation of the Corrective Action Plan within the approved completion schedule. Failure to abide by the Corrective Action Plan and/or completion schedule may result in a denial, revocation, or suspension of the license.

(d) Submission or approval of a Corrective Action Plan shall not preclude the Department from taking action on the license as provided in these rules.

(e) The Department may impose additional requirements or restrictions as interim steps between a CAP and revocation or suspension of a license for continued, willful or repeated non-compliance with these rules or applicable statutes. Additional requirements or restrictions may include, but are not limited to: reduced staff:child ratios, limits on the number of children in care, additional monitoring, a Department-directed CAP, or a provisional license. In determining the type of restrictions or additional requirement to impose, the Department will consider:

(i) The seriousness of the violation, considering the likelihood of death or serious harm, the severity of the harm, and the extent of the statutes, rules and/or regulations that were violated;

(ii) The diligence exercised by the program in identifying or correcting the violation;

(iii) The degree of cooperation exhibited by the program in the identification, disclosure, and correction of the violation; and

(iv) Any previous violations committed by the program.

History

Effective 2026-04-21

Chapter 3 Denial, Revocation, Immediate Suspension or Suspension of License

Wyo. Code R. 049.0033.3.04212026 Denial, Revocation, Immediate Suspension or Suspension of License

CHAPTER 3

DENIAL, REVOCATION, IMMEDIATE SUSPENSION OR SUSPENSION OF LICENSE

Section 1. Denial, Revocation or Suspension.

(a) The Department may deny, revoke, or suspend a license for reasons including, but not limited to:

(i) Violation of the applicable statutes or rules that has been willful, ongoing, numerous, or hazardous to the health or safety of children;

(ii) Any staff, household member, volunteer, employee, or substitute who:

(A) Has a criminal conviction or a pending deferred prosecution of a felony or misdemeanor as cited in Chapter 11, Section 3;

(B) At any time while child care children are present, on or off the facility premises or while transporting children, consumes or is under the influence of any substance that may impair their ability to care for children, including all alcohol and illegal drugs, or consumes or is under the influence of any substance that does impair their ability to care for children, including over-the-counter or prescription drugs;

(D) Furnishes or makes a false statement or report to a Licenser;

(E) Fails or refuses to cooperate with an investigation, or interferes with an investigation;

(F) Knowingly makes a materially false statement in connection with a criminal background check;

(G) Fails to admit authorized representatives of the Department at any time the facility is open for operation, for the purpose of investigation, obtaining records, inspection or monitoring;

(H) Fails to comply with a Corrective Action Plan;

(I) Fails to provide, equip or maintain the child care premises in a safe and sanitary condition; or

(J) Fails to complete all required training;

(iii) Illegal drugs found on the premises of the facility, including any vehicle on the property, or in any vehicle that transports children;

(iv) Owner or director has been found in a legal proceeding to have committed fraud against the Department; or

(v) Failure to comply with the application and renewal process.

(b) When a child care license is to be denied, revoked, or suspended, the owner, director and board chairperson shall be notified by the Department in writing of the action being taken.

(i) A summary of the laws, rules or regulations violated;

(ii) A statement of authority for the revocation, non-renewal or denial;

(iii) The effective date of the action;

(iv) The right to seek representation by a lawyer, friend, or relative;

(A) The Department shall not be responsible for any fees charged; and

(v) The penalty for unlicensed operation.

(d) A notice of revocation or non-immediate suspension of a child care license shall be sent to the parents of children currently attending the facility by the Department when an administrative hearing has not been requested.

(i) A complete list of parents with mailing addresses shall be supplied to the Department upon request. The notice to parents shall include the following:

(A) Name of facility;

(B) Name of the owner and director;

(D) Date the action shall be effective; and

(E) Resources to assist parents in locating other child care options (if available).

Section 2. Application Following Revocation.

(a) Application by the same owner or director shall not be accepted for three (3) years following revocation of a child care license.

(b) Application by the same owner or director cannot be made following a second revocation.

Section 3. Immediate Suspension.

(a) During an investigation by Child Care Licensing, Child Protective Services, and/or law enforcement, an immediate suspension shall be requested by the Licenser if it becomes apparent to an investigator that there is imminent danger and emergency action is required to protect the health, safety and/or welfare of children. Imminent danger in a child care is a situation that poses a serious threat to a child's physical or mental health and requires immediate intervention, including but not limited to:

(i) Serious injury, death or risk of serious injury or death to a child on the premises;

(ii) Allegations of inappropriate contact with a child;

(iii) Staff or household member allowed to be present or work in the home or facility with a disqualified national criminal history, central registry abuse and neglect and/or sex offender check results;

(iv) Sanitation and health of the environment or food safety;

(v) Unsafe physical premises or equipment;

(vi) The owner/director's inability and/or unwillingness to correct a dangerous situation; or

(vii) An open Child Protective Services (CPS), Child Care Licensing, Law Enforcement investigation, Department of Agriculture or Public Health investigation, or State Fire Marshal or local fire authority investigation which causes concern for the safety and well-being of children.

(b) The decision to suspend a license shall be made by the Administrator or designee for the Department following review of the investigative information.

(i) A statement of authority for the suspension;

(ii) The suspension of a license is effective immediately;

(iii) The right to seek representation by a lawyer, friend, or relative;

(A) The Department shall not be responsible for any fees charged; and

(iv) The penalty for unlicensed operation.

(d) The Licenser or other Department designee shall hand deliver the Notice of Suspension and request a complete list of child care children with parental contact information.

(e) The Licenser or a Department designee shall provide immediate notification to all parents with children in care and remain on the premises until all children are picked up.

(f) The Department shall rescind the suspension if and when the need to protect the health, safety and/or welfare of the children in the child care facility no longer exists.

(g) The Department may initiate revocation proceedings during the suspension, if warranted.

(h) No action regarding a renewal shall take place while the facility's license is under suspension.

Section 4. Contested Case Hearing.

(a) An owner or director whose license is being denied, revoked, suspended, or who has received a notice of violation, may request a contested case hearing. The request and hearing process shall be conducted in accordance with the Department's Contested Case Hearing Rules which can be found on the Wyoming Secretary of State's website (https://rules.wyo.gov/) or the DFS Child Care Licensing website: https://dfs.wyo.gov/providers/child-care/licensing-rules/.

(i) In order for a contested case hearing request to be considered, the request shall be received by the Department within ten (10) days of the receipt of notice of the Department action and shall at a minimum include:

(A) The name, address and telephone number of the person requesting the hearing.

(B) The reason for the request, including the nature of the departmental action, order or determination being contested.

(b) If an owner or director requests a contested case hearing on an action to revoke the license, the owner or director may continue operating the child care facility pending the final administrative determination or until the license expires, whichever occurs first, unless the license is suspended. This subsection does not limit the actions the Department may take under W.S. 14-4-108. The Department may revoke a license to operate a child care center without first issuing a corrective action plan or simultaneously with a suspension if continued operation would jeopardize the health and safety of the children present.

History

Effective 2026-04-21

Chapter 8 Food Safety

Wyo. Code R. 049.0033.8.04212026 Food Safety

CHAPTER 8

FOOD SAFETY

Section 1. Inspections.

(a) All licensed Child Care Centers (CCC) shall be inspected by the Wyoming Department of Agriculture (WDA) and/or the local public health departments to monitor compliance with Chapter 8 Food Safety standards and as food establishments under the Wyoming Food Safety and Cosmetic Act and the Wyoming Food Safety Rule.

(b) Family Child Care Homes and Family Child Care Centers shall be inspected by the Department of Family Services (DFS) or local public health departments for food safety requirements.

(i) Inspections shall include a review of records necessary to determine compliance with these standards.

(c) Inspections are completed prior to licensure, at least annually, and more often at the discretion of the regulatory authority based on risk.

(d) In addition to actions taken by Child Care Licensing, public health officials may put restrictive orders or close CCCs that pose public health risks.

Section 2. Definitions

(a) "Approved chemical sanitizing agent" means those sanitizing solutions that have as active ingredients chlorine, iodine, quaternary ammonia, or other sanitizing solutions approved by the regulatory authority.

(b) "Approved source" means the source(s) of water whether it be from a spring, artesian well, drilled well, municipal water supply, or any other source that has been inspected and the water sampled, analyzed, and found to be of a safe and sanitary quality in accordance with the applicable laws and regulations of the State of Wyoming.

(c) "Bottled water" means water that is from an approved source and is placed in a sealed container or package and is offered for sale for human consumption or other consumer uses.

(d) "Compliance letter" means a letter sent to the regulatory authority outlining what has or will be done by the owner and/or director to comply with the health/sanitation standards.

(e) "Cross-contamination" means the transmission of infectious or toxic agents from one object to another.

(f) "Drinking water" means water that meets 40 C.F.R. § 141, National Primary Drinking Water Regulations; is traditionally known as "potable water"; included the term "water" except where the term used connotes that the water is not potable, such as "boiler water," "mop water," "rainwater," "wastewater," and "non-drinking" water.

(g) "Easily cleanable" means a characteristic of a surface that:

(i) Allows effective removal of soil by normal methods;

(ii) Is dependent on the material, design, construction, and installation of the surface;

(iii) Varies with the likelihood of the surface's role in introducing pathogenic or toxigenic agents or other contaminants into food based on the surface's approved placement, purpose, and use; and

(iv) Includes a tiered application of the criteria that qualify the surface as easily cleanable as specified under subparagraph (A) of this definition, to different situations in which varying degrees of cleanability are required such as:

(A) The appropriateness of stainless steel for a food preparation surface as opposed to the lack of need for stainless steel to be used for floors or for tables used for consumer dining; or

(B) The need for a different degree of cleanability for a utilitarian attachment or accessory in the kitchen as opposed to a decorative attachment or accessory in the consumer dining area.

(h) "Equipment" means an article that is used in the operation of an establishment such as a freezer, grinder, hood, ice maker, meat block, mixer, oven, reach-in refrigerator, scale, sink, slicer, stove, table, temperature measuring device for ambient air, vending machine, or warewashing machine. It does not include items used for handling or storing large quantities of packaged foods that are received from a supplier in a cased or over wrapped lot, such hand trucks, forklifts, dollies, pallets, racks, and skids.

(i) "Food" means articles used for food or drink for humans including meat and ice intended for human consumption; chewing gum; beverages subject to the Federal Alcohol Administration Act, as amended, (Title 27 U.S.C. 201 et seq.); articles used for components of any article noted above in this paragraph.

(j) "Food area(s)" is the area(s) of the facility used for storage, preparation, and/or serving of food. Included is that area where the food service utensils and equipment are washed and/or stored.

(k) "Food-contact surface" means a surface of equipment or a utensil with which food normally comes into contact; or from which food may drain, drip, or splash into a food or onto a surface normally in contact with food.

(l) "Garbage" means waste resulting from the growing, handling, preparation, cooking, and consumption of food; also includes sanitary napkins, soiled diapers, and other insect or rodent-attracting refuse.

(m) "Insect and rodent proof" means capable of keeping insects and rodents from entering buildings, garbage containers, diaper pail(s), or containers (e.g., tight fitting screens, doors, lids.)

(n) "Multi-use" means designed or intended to be used more than once and intended to be cleanable.

(o) "Nonabsorbent" means a relatively hard surface that will not absorb liquids, food items, etc.

(p) "Pathogen(ic)" means any disease-producing microorganism or material.

(q) "Potentially Hazardous Food (Time/Temperature Control for Safety Food (TCS))" means a food that requires TCS to limit pathogenic microorganism growth or toxin formation.

(i) Potentially hazardous food TCS includes:

(A) An animal food that is raw or heat-treated; a plant food that is heat treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut tomatoes or mixtures of cut tomatoes that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation, or garlic-in-oil mixtures that are not modified in a way that do not support pathogenic microorganism growth or toxin formation; and are usually high in protein or carbohydrates and have a pH above 4.6 and a water activity above 0.85.

(ii) Potentially hazardous food TCS does not include:

(A) An air-cooled hard-boiled egg with shell intact, or an egg with shell intact that is not hard-boiled, but has been pasteurized to destroy all viable salmonellae;

(B) A food in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of non-refrigerated storage and distribution;

(r) "Private water supply" means a water supply meant for human consumption, but that is used by the occupants of only one (1) facility and the children being cared for at that facility (well, cistern, etc.).

(s) "Regulatory authority" means DFS or its designated representative.

(t) "Safe materials" means articles manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of the food. An article that is used as specified in section 409 of the Federal Food, Drug, and Cosmetic Act, as amended or articles that are used in conformity with applicable regulations.

(u) "Sanitization" means the application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of five (5) logs, which is equal to a ninety-nine and nine hundred ninety-nine thousandths' percent (99.999%) reduction, of representative disease microorganisms of public health importance.

(v) "Single service article" means tableware, carryout utensils, and other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed for one (1) time, one (1) person use after which they are intended for discard.

(w) "Shielding" means a protective covering placed over lights or heating fixtures that will effectively prevent glass fragments from contaminating foods or food contact surfaces.

(x) "Utensils" means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware that is multi-use, single-service, or single-use; gloves used in contact with food; food temperature measuring devices used in contact with food.

Section 3. Utensils and Equipment.

(a) Multi-use utensils, equipment, and food contact surfaces shall be constructed and repaired with safe materials.

(i) They shall be corrosion resistant, easily cleanable, and durable under conditions of normal use.

(ii) Single service articles shall be used only once and made from clean, sanitary, and safe materials, stored in closed cartons or containers protecting from contamination.

(b) Multi-use utensils and food contact surfaces shall be washed, rinsed, and sanitized after each use or whenever contamination may have occurred.

(c) Non-food contact surfaces of equipment shall be cleaned as necessary to keep the equipment free of accumulation of dust, dirt, food particles and other debris.

(i) Dining tables and high chair trays shall be washed, rinsed, and sanitized before and after each meal.

(ii) All surfaces that come into contact with food, including tables, high chair trays, and countertops, as well as floors and shelving in the food preparation area, shall be in good repair, free of cracks or crevices, and shall be made of smooth, nonporous material.

(A) Contact paper shall not be used on shelving in storage or food preparation areas.

(iii) All rooms in which food or drink are prepared or in which utensils are washed or stored shall be uniformly lighted with a minimum of twenty (20) foot candles of light at work level.

(A) Light fixtures in all food preparation, storage and utensil washing areas shall be shielded or utilize shatterproof type bulbs.

Section 4. Manual Washing and Sanitizing.

(a) When items are manually washed and sanitized using a three-step method, the following shall be met:

(i) Each of the three (3) sink compartments or containers shall be large enough to accommodate the utensils or other items;

(ii) In the first compartment, items shall be thoroughly washed with a food grade detergent in a clean solution.

(iii) In the second compartment, items shall be rinsed with hot, clear rinse water until free of detergent and abrasives.

(iv) In the third compartment, items shall be sanitized by immersion in an approved sanitizing solution according to the label instructions.

(A) When chemicals are used for sanitization, a test kit or other device that accurately measures the parts per million concentration of the sanitizer shall be used.

(I) For food contact surfaces, toys, door knobs and other surfaces, bleach solution shall test between 50 and 100ppm.

(II) For diaper changing areas, bleach solution shall test between 100-200ppm.

(B) Commercial sprays which have been tested and are mixed at the appropriate strength may be used.

(v) Dishes and equipment shall then be air dried in a self-draining position before being stored.

Section 5. Mechanical Washing and Sanitizing.

(a) When utensils and equipment are cleaned and sanitized in a dishwasher, the following shall be met:

(i) Cleaning and sanitizing may be done by a spray type or immersion dishwashing machine or by any other type of machine or device if it can be demonstrated to the regulatory authority that it thoroughly cleans and sanitizes utensils and equipment. The dishwashing machine shall incorporate a chemical or heat sanitizing cycle, and the machine allows sanitizing cycle completion without opening the machine.

(ii) They shall be maintained in good repair and shall be operated in accordance with the manufacturer's instructions.

(iii) Cleaned and sanitized utensils, equipment and supplies shall be stored at least six (6) inches above the floor level in a clean, dry location and in such a manner that protects them from contamination by splash, dust, or other means.

Section 6. Food Quality.

(a) Food shall be of sound condition, free from spoilage, signs of mold, or other contamination and shall be safe for human consumption.

(b) Food shall be obtained from sources that comply with all laws relating to food and food labeling. Wild game is prohibited from being served to the children.

(c) Home-canned food, food from dented, rusted, bulging, or leaking cans, and food from cans without labels shall not be used.

(d) Fluid milk and milk products shall be pasteurized and meet the Grade A quality standards as established by law.

(e) Raw, unpasteurized milk products, unpasteurized fruit juices, and raw, ungraded, cracked or undercooked eggs shall not be used. Freshly squeezed fruit or vegetable juice prepared just prior to serving is permissible.

(f) Dry milk and dry milk products shall be made from pasteurized milk or milk products and shall be used only in cooking.

Section 7. Food Safety.

(a) At all times, including while being stored, prepared, displayed, served, or transported, food shall be protected from contamination by dust, insects, rodents, unclean utensils and equipment, unnecessary handling, coughs and sneezes, flooding, drainage, and overhead leakage.

(b) Sufficient refrigerated or hot or cold storage equipment shall be available to maintain cold food at or below 41 degrees F and hot foods at or above 135 degrees F.

(d) Refrigerator thermometers shall be kept easily visible and shall be mercury free.

(e) Potentially hazardous frozen foods shall not be thawed at room temperature.

(f) Staff shall minimize bare hand contact while preparing food and not touch unpackaged, ready-to-eat food with bare hands. A barrier, such as gloves, utensils, or wax paper shall be used when preparing and serving these foods.

(g) Raw meat and fish shall be fully cooked to heat all parts of the food to a temperature and for a time of: 145°F or above for 15 seconds for fish and meat; 160°F for 15 seconds for chopped or ground fish, chopped or ground meat or raw eggs; or 165°F or above for 15 seconds for poultry or stuffed fish, stuffed meat, stuffed pasta, stuffed poultry or stuffing containing fish, meat or poultry.

(h) Milk may be transferred from the original container to other containers but shall not be returned to the original container or stored for later use.

(i) The original container shall be returned to the refrigerator as soon as the individual glasses are filled and shall not remain on the table during lunch, snack, or other dining times.

(i) Unwrapped portions of any leftover food or drink shall not be served again.

Section 8. Food Storage.

(a) Food, whether raw or prepared, if removed from the container or package in which it was obtained, shall be stored in a clean, covered, and labeled container.

(b) All food stored in the refrigerator shall be tightly covered, wrapped, or otherwise protected from direct contact with other food.

(c) Hot foods to be refrigerated and stored shall be transferred to shallow containers in food layers less than three (3) inches deep and refrigerated immediately.

(d) Foods not requiring refrigeration shall be stored at least six (6) inches above the floor level in a clean, dry, well-ventilated area and in such a way (such as in nonporous containers off the floor) as to prevent contamination and insects and rodents from entering the products.

(e) Dry, bulk foods which are not in their original, unopened containers shall be stored in metal, glass or food grade plastic containers with tightfitting covers and shall be labeled.

Section 9. Personnel.

(a) Persons engaged in food preparation and service shall wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygienic practices including handwashing.

(b) If disposable gloves are used, hands shall be washed before putting on the gloves and after removing the gloves.

History

Effective 2026-04-21

Chapter 9 Fire Standards for Family Child Care Homes

Wyo. Code R. 049.0033.9.04212026 Fire Standards for Family Child Care Homes

CHAPTER 9

FIRE STANDARDS FOR FAMILY CHILD CARE HOMES

Residential Classification

Section 1. Authority and Purpose.

(a) The fire standards for building and life safety shall be administered and enforced by the authority having jurisdiction designated by W.S. 35-9-101 through 35-9-130. For the purpose of these rules, the authority having jurisdiction is called the fire official. The fire official has the authority and responsibility to administer and enforce the adopted codes and/or laws of the jurisdiction, and to require technical assistance as needed.

(b) These requirements shall apply to all child care homes in the State of Wyoming in which children receive supervision or personal services for less than twenty-four (24) hours per day.

(c) The purpose of the fire inspection is to ensure compliance with minimum requirements that will provide a reasonable level of fire and life safety, property protection and public welfare from actual and potential hazards created by fire, explosions and other hazardous conditions. Actions taken on licenses due to non-compliance with these rules will be taken through the Department of Family Services as a result of the recommendations from the fire inspector.

(d) These fire standards are basic requirements. The fire official, after conducting an onsite fire inspection, may require correction of other fire hazards.

(e) A limited but reasonable time shall be allowed for compliance with any part of the code requirements.

(f) Child care homes certified prior to the effective date of these rules shall be maintained in accordance with the codes under which the facility was certified.

(g) New child care homes requesting certification shall comply with the currently adopted building, fire, electrical and mechanical codes of the jurisdiction.

Section 2. Definitions.

(a) The following definitions shall apply in the interpretation of minimum fire and life safety requirements for child care homes.

(i) "Approved" pertains to materials, type of construction or appliances and refers to approval by the building or fire official as the result of investigation and tests conducted by that official or by reason of accepted principals and/or tests by nationally recognized authorities, technical or scientific organizations.

(ii) "Building or Fire Official" means the authorized person serving as a designated employee, representative or agent of the governing authority and may be known as fire marshal, fire chief, fire prevention officer, chief fire prevention officer, chief of the bureau of fire prevention, fire prevention chief, fire inspector, building inspector, electrical inspector, building official or authority having jurisdiction.

(iii) "Family Child Care Home" means a licensed child care facility in which care is provided for no more than ten (10) children in the primary residence of the provider and shall be classified as Residential.

(iv) "Homemade Appliance" means an appliance which has been manufactured or constructed by an individual who is not normally in a business of manufacturing or constructing such appliances; and where such appliance has not been tested or evaluated by a nationally recognized testing laboratory and properly labeled. Such appliances are prohibited in child care homes.

(v) "Local Enforcement Jurisdiction" means the governing authority who has the responsibility to provide minimum fire and life safety requirements within their own jurisdiction as outlined in W.S. 35-9-121.

Section 3. Smoke Alarms.

(a) Smoke alarms (detectors) shall be installed and maintained as follows:

(i) On the ceiling or wall outside each separate sleeping area in the immediate vicinity of sleeping rooms.

(ii) In each room used for sleeping purposes.

(iii) In each story including basements and cellars.

(iv) Smoke alarms shall emit a signal when the batteries are low.

(v) In new construction, additions and alterations, required smoke alarms shall receive their primary power from the building wiring and shall be equipped with a battery backup.

(A) Wiring shall be permanent and without a disconnecting switch.

(B) Where more than one smoke alarm is required to be installed, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms.

(vi) The alarm shall be clearly audible in all sleeping rooms over background noise levels with all intervening doors shut.

(vii) Smoke alarms shall be tested every month at a minimum (once a week is highly recommended) and a record kept on premises and available to the fire official/Department of Family Services personnel.

(b) All child care facilities must install carbon monoxide detectors.

Section 4. Occupancy Use and Separation.

(a) The garage shall be separated from the child care home (residence) and its attic area by means of a minimum one-half (1/2) inch sheet rock applied to the garage side. This applies to applicants for licensure after the effective date of these rules.

(b) Door openings between the garage and the residence shall be equipped with either solid wood doors not less than 1-3/8 inches thick or solid or honeycomb core steel doors not less than 1-3/8 inches thick.

Section 5. Exits.

(a) The building or fire official, in accordance with the adopted building and fire codes, shall determine number of exits, placement and adequacy. General requirements are:

(i) A second exit may consist of a sliding glass patio door with approved landing, guardrails and handrails.

(ii) Windows and garages shall not be considered as an exit for this purpose;

(iii) An exit door is a side-hinged door and shall be at least 32" of clear width by 80" in height in new construction or as approved by the authority having jurisdiction in existing construction.

(b) Required exit access, exits or exit discharges shall be continuously maintained free from obstructions or impediments to full instant use in the case of fire or another emergency.

(d) Egress doors shall be readily openable from the inside without the use of a key or any special knowledge or effort, the door knob system shall be an "emergency exit feature type, no unlocking required". Use of dead bolts, chains, night latches, manually operated flush bolts or surface bolts are not permitted during child care hours.

(e) The means of egress, including the exit discharge, shall be illuminated at all times the building is occupied.

(f) Porches, steps, stairs, landings and walkways shall be maintained in good repair and safe condition, and in compliance with the adopted code or as approved by the authority having jurisdiction.

(g) Guardrails shall be located along open-sided walking surfaces, mezzanines, stairways, ramps and landings and along glazed sides of stairways, ramps and landings which are located more than thirty (30) inches above the floor or grade below.

(h) Guardrails shall form a protective barrier not less than forty-two (42) inches high.

(i) Open guardrails shall have intermediate rails or balusters or ornamental patterns such that a three and a half (3 ½) inch diameter sphere cannot pass through any opening.

(j) Landings shall have a width not less than the width of the stairway or the width of the door, whichever is the greater. Landings shall have a length measured in the direction of travel of not less than thirty-six (36) inches.

(k) Basements must have two (2) approved exits with one leading directly to the outside.

Section 6. Emergency Escape and Rescue Window.

(a) Sleeping rooms shall have at least one (1) exterior emergency escape and rescue opening (may be a window or door unless the sleeping room is in a basement, then a door is required). Such opening shall open directly to the exterior.

(i) Emergency escape and rescue openings shall have a minimum net clear opening of 5.7 square feet. The minimum net clear opening height shall be twenty-four (24) inches; the minimum net clear opening width shall be twenty (20) inches.

(ii) Emergency escape and rescue openings shall have the bottom of the clear opening not greater than forty-four (44) inches measured from the floor.

(iii) Emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools.

Section 7. Portable Fire Extinguishers.

(a) Portable fire extinguishers shall be installed in child care homes. The fire official having jurisdiction shall approve the proper type and number of extinguishers. General rules are:

(i) At least one (1) fire extinguisher is required for each three thousand (3,000) square feet of floor area. Additional extinguishers may be required to make sure travel distance to an extinguisher is no more than seventy-five (75) feet from any location.

(ii) The rating of each fire extinguisher shall not be less than 2A-10: BC. (Look for this number on the extinguisher.)

(iii) The extinguisher shall be located in a conspicuous location where it will be readily accessible and immediately available for use. The location shall be along the normal path of travel.

(iv) Fire extinguishers shall not be obstructed or obscured from view.

(v) Fire extinguishers shall be installed on the hangers or brackets supplied. Hangers or brackets shall be securely anchored to the mounting surface in accordance with the manufacturer's installation instructions.

(vi) Fire extinguishers shall be installed so that the top is not more than five (5) feet above the floor. The clearance between the bottom of the extinguisher and the floor shall not be less than four (4) inches.

(vii) Fire extinguishers shall not be mounted or stored in cupboards or broom closets except if the location is properly signed with a sign approved by the fire inspector.

(viii) Fire extinguishers shall be inspected monthly by the provider and documentation of the inspection shall be kept.

(ix) New fire extinguishers shall be inspected and will have the annual service tag attached before the issuance of a license.

(x) Fire extinguishers shall be inspected and serviced annually according to NFPA Standard 10. Fire extinguishers shall have service tags attached showing date of service and who serviced it.

Section 8. Storage.

(a) Storage of combustible and flammable materials and liquids in buildings shall be orderly and separated from heaters or heating devices by distance or shielding so that ignition cannot occur and made inaccessible to children. No explosives of any type are allowed on the premises except for reloading powder when it is stored in the following manner.

(i) No black powder is allowed on the premises;

(ii) Reloading activities are prohibited during child care hours of operation; and

(iii) The reloading powder quantity shall not exceed the maximum necessary for reloading activities.

(b) Combustible materials shall not be stored in attic, under-floor, under exit stairways, and concealed spaces unless walls, floor and ceiling forming the storage area are protected on the enclosed side by one-hour fire-resistive construction or the space is provided with an approved automatic fire sprinkler system.

(d) Combustible storage shall not be stored in exits, hallways or stairways.

(e) Combustible materials shall not be suspended from any ceiling surface in any manner.

Section 9. Heating Appliances.

(a) Heating appliances shall be listed and approved and installed in accordance with the manufacturer's instructions, the adopted building code, fire code, fuel gas code, mechanical code and electrical code. All chimneys, smokestacks or similar devices from stoves, furnaces, fireboxes or boilers shall be installed or constructed in accordance with their listings and the above-mentioned codes.

(i) The fire official may require the furnace, boiler, fireplace or heating appliance to be inspected and/or serviced by a licensed serviceman.

(b) Furnaces shall be cleaned (including filter replacement) as often as necessary to prevent accumulation of lint and dust.

(d) Heating appliances such as free standing and built-in fireplaces shall have a non-combustible guard placed around the unit with a separation to prevent accidental burns.

Section 10. Electrical.

(a) All electrical wiring, equipment and appliances shall be installed and maintained in accordance with NFPA 70, National Electric Code.

(b) Special protective covers or tamper resistant outlets for all electrical outlets not in use shall be installed in all areas occupied by the children. All new construction and remodeled child care facilities must be fitted with tamper resistant outlets.

(c) Electrical wiring, devices, appliances and other equipment that is modified or damaged and constitutes an electrical shock or fire hazard shall not be used.

(d) Extension cords and flexible cords shall not be used as a substitute for permanent wiring.

(e) Extension cords and flexible cords shall not be affixed to structures, extended through walls, ceilings or floors, or under doors or floor coverings, nor shall such cords be subject to environmental damage or physical impact.

(f) Extension cords shall be used only with portable appliances.

(g) Extension cords shall be plugged directly into an approved receptacle, power tap or multiplug adapter and, except for approved multiplug extension cords, shall serve only one (1) portable appliance.

(h) The ampacity of the extension cords shall not be less than the rated capacity of the portable appliance supplied by the cord.

(i) Extension cords shall be maintained in good condition without splices, deterioration or damage.

(j) Extension cords shall be grounded when serving grounded portable appliances.

(k) Open junction boxes and open-wiring splices shall be prohibited. Approved covers shall be provided for all switch and electrical outlet boxes.

(l) All breakers or fuses in an electrical panel shall be legibly labeled and identified as to purpose or use on a circuit directory located on the face or inside the panel door.

Section 11. Premises Identification.

(a) New and existing buildings shall have approved address numbers, building numbers or approved building identification. Numbers and/or identification shall:

(i) Be placed in a position to be plainly legible and visible from the street or road fronting the property;

(ii) Contrast with their background; and

(iii) Be a minimum of 4 inches high with a minimum stroke width of 0.5 inch.

Section 12. Fire Safety and Evacuation Plans.

(a) Fire safety plans shall include the following:

(i) The procedure for reporting a fire or other emergency;

(ii) The life safety strategy and procedures for notifying, relocating, or evacuating occupants;

(iii) Site plans indicating the following:

(A) A current list kept by the exit door of who is at the facility each day as well as emergency contact numbers. This list must be taken with the children during evacuation of the building; and

(B) The occupancy assembly point for both good and bad weather;

(iv) Floor plans identifying the locations of the following:

(A) Exits;

(B) Primary evacuation routes;

(D) Portable fire extinguishers

(b) Employee Training and Response Procedures shall include the following:

(i) Employees shall be trained in the fire emergency procedures described in their fire evacuation and fire safety plans;

(ii) Employees shall receive training in the contents of fire safety and evacuation plans and their duties as part of new employee orientation and at least annually thereafter. Records shall be kept and made available to the fire official/Department of Family Services personnel upon request; and

(iii) Employees shall be trained in fire prevention, evacuation and fire safety in accordance with the following:

(A) Employees shall be familiarized with the fire alarm and evacuation signals, their assigned duties in the event of an alarm or emergency, evacuation routes, exterior assembly areas, and procedures for evacuation; and

(B) Employees shall be trained to know the locations and proper use of fire extinguishers.

History

Effective 2026-04-21

Chapter 10 Fire Standards for Child Care Centers and Family Child Care Centers Education Classification (Group E)

Wyo. Code R. 049.0033.10.04212026 Fire Standards for Child Care Centers and Family Child Care Centers Education Classification (Group E)

CHAPTER 10

FIRE STANDARDS FOR CHILD CARE CENTERS AND FAMILY CHILD CARE CENTERS

Educational Classification (Group E)

Section 1. Authority and Purpose.

(b) These requirements shall apply to all child care centers and family child care centers in the State of Wyoming with a current license dated prior to the effective date of these rules in which clients receive education, supervision or personal services for less than twenty-four (24) hours per day.

(c) These fire standards are basic requirements. The fire official, after conducting an onsite fire inspection, may require correction of other fire hazards.

(d) Changes to a facility licensed prior to the effective date of these rules requiring a plan review will require the facility to comply with the currently adopted building, fire, electrical and mechanical codes of the jurisdiction.

(e) Child care centers and family child care centers requesting licensure or facilities moving to a new location after the effective date of these rules shall comply with the currently adopted building, fire, electrical and mechanical codes of the jurisdiction.

(f) The purpose of the fire inspection is to ensure compliance with minimum requirements that will provide a reasonable level of fire and life safety, property protection and public welfare from actual and potential hazards created by fire, explosions and other hazardous conditions. Actions taken on licenses due to non-compliance with these rules will be taken through the Department of Family Services as a result of the recommendations from the fire inspector.

(g) A limited but reasonable time shall be allowed for compliance with any part of the code requirements.

(h) Child care centers and family child care centers licensed prior to the effective date of these rules, shall be maintained in accordance with the codes under which the facility was licensed.

(i) New child care centers and family child care centers requesting certification shall comply with the currently adopted building, fire, electrical and mechanical codes of the jurisdiction.

Section 2. Definitions.

(a) The following definitions shall apply in the interpretation of minimum fire and life safety requirements for Child Care Centers and Family Child Care Centers.

(iii) "Child Care Center or Family Child Care Center" the use of a building or structure, or portion thereof, for educational, supervision or personal care services for more than ten (10) children shall be classified as a Group E.

(iv) "Homemade Appliance" an appliance which has been manufactured or constructed by an individual who is not normally in a business of manufacturing or constructing such appliances; and where such appliance has not been tested or evaluated by a nationally recognized testing laboratory and properly labeled. Such appliances are prohibited in child care centers.

(v) "Institutional (Group I-4)" a facility that provides supervision and personal care on less than a twenty-four (24) hour basis for more than five (5) children two and one-half (2-1/2) years of age or less shall be classified as Institutional Group I-4. Exception: a child day care facility that provides care for more than five (5) but no more than one hundred (100) children two and one- half (2-1/2) years of age or less, when the rooms where such children are cared for are located on the level of exit discharge and each of these child care rooms has an exit door directly to the exterior, shall be classified as Group E.

(vi) "Local Enforcement Jurisdiction" the governing authority who has the responsibility to provide minimum fire and life safety requirements within their own jurisdiction as outlined in Wyoming Statute 35-9-121.

Section 3. Review of Building Plans.

(a) Plans shall be submitted to the Wyoming Department of Fire Prevention and Electrical Safety for review prior to beginning work for remodeling or additions to existing facilities and for new construction when the cost for construction or remodeling is over forty thousand dollars ($40,000.00) and the facility houses more than ten (10) children.

(b) Plan review applications for the installation of any fire alarm systems, fire sprinkler systems or commercial hood systems shall be submitted and approved by the Fire or Building authority prior to installation.

(c) Child care centers and family child care centers operating within local enforcement jurisdictions shall follow procedures for obtaining permits and plan review as required by the local jurisdiction.

(d) All construction, regardless of cost or size, shall comply with the minimum adopted State of Wyoming codes.

Section 4. Automatic Fire Sprinklers.

(a) An automatic sprinkler system shall be provided throughout all Group E fire areas greater than twenty thousand (20,000) square feet in area. An automatic sprinkler system shall also be provided for every portion of educational buildings below the level of exit discharge.

(i) Exception: where each classroom has at least one exterior exit door at ground level.

(b) The building owner shall be responsible for ensuring that the fire and life safety systems are maintained in an operable condition at all times.

(c) Records of all system inspections, tests and maintenance required shall be maintained on the premises and made available to the fire official or the Department of Family Services personnel upon request.

Section 5. Fire Alarms.

(a) A manual fire alarm system shall be installed in Group E occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system.

(i) Exception: Group E occupancies with an occupant load of less than fifty (50). (NOTE: Occupant load is based on square footage of the facility divided by a factor of twenty (20). It is not based on Department of Family Services licensing numbers.)

(ii) Fire detection and alarm systems shall be maintained in an operative condition at all times, and shall be replaced or repaired when defective.

(iii) The building owner shall be responsible for ensuring that the fire and life safety systems are maintained in an operable condition at all times.

(iv) Service personnel shall meet the qualification requirements of NFPA 72A for maintaining, inspecting, and testing such systems.

(v) Records of all system inspections, tests and maintenance required shall be maintained on the premises and made available to the fire official or Department of Family Services personnel upon request.

Section 6. Smoke Alarms.

(a) Smoke alarms (detectors) shall be installed and maintained as follows:

(i) On the ceiling or wall outside each separate sleeping area in the immediate vicinity of sleeping rooms.

(ii) In each room used for sleeping purposes.

(iii) In each story including basements and cellars.

(iv) Smoke alarms shall emit a signal when the batteries are low.

(v) In new construction, additions and alterations, required smoke alarms shall receive their primary power from the building wiring and shall be equipped with a battery backup.

(A) Wiring shall be permanent and without a disconnecting switch.

(B) Where more than one (1) smoke alarm is required to be installed, the smoke alarms shall be interconnected in such a manner that the activation of one (1) alarm will activate all of the alarms.

(vi) The alarm shall be clearly audible in all sleeping rooms over background noise levels with all intervening doors shut.

(vii) Smoke alarms shall be tested monthly (weekly testing is highly recommended).

(viii) A written record of all inspections, tests and maintenance required shall be maintained and made available to the fire official or Department of Family Services personnel.

(b) All child care facilities must install carbon monoxide detectors.

Section 7. Occupancy Use and Separation.

(a) Child care centers located in mixed use occupancies shall be separated from such buildings/uses by an approved two (2) hour occupancy separation.

(i) Exception, two (2) hour separation is not required in all mixed use occupancies that are fully fire sprinklered per NFPA 13, have a manual automatic and monitored fire alarm system and one (1) hour occupancy separation as defined by the International Building Code.

Section 8. Exits.

(a) The building or fire official in accordance with the International Building and Fire Codes shall determine number of exits, placement and adequacy. General requirements are:

(i) A minimum of two (2) exits;

(A) A second exit may consist of a sliding glass patio door with approved landing, guardrails and handrails;

(B) Windows and garages shall not be considered as an exit for this purpose;

(C) An exit door is a side-hinged door and shall be at least 3' by 6'8" in new construction, or as approved by the authority having jurisdiction in existing construction;

(ii) Doors shall swing in the direction of egress travel when serving an occupant load of fifty (50) or more. Occupant load is based on the square footage of facility divided by a factor of twenty (20);

(iii) Required exit access, exits or exit discharges shall be continuously maintained free from obstructions or impediments to full instant use in the case of fire or another emergency;

(iv) An exit shall be free from obstructions that would prevent its use, including the accumulation of snow and ice;

(v) Egress doors shall be readily openable from the inside without the use of a key or any special knowledge or effort, the door knob system shall be an "emergency exit feature type, no unlocking required". Use of dead bolts, chains, night latches, manually operated flush bolts or surface bolts are not permitted during child care hours;

(vi) Exit paths shall be illuminated at all times the building is occupied;

(vii) Exit path illumination shall be supplied from two (2) sources of power where the exiting system requires two (2) exits (storage batteries, unit equipment or on-site generator);

(viii) Exits and exit access doors shall be marked by an approved exit sign readily visible from any direction of egress travel;

(ix) Exit signs shall be internally or externally illuminated by two (2) lamps or shall be of the self-luminous type;

(x) Exit signs shall be illuminated at all times. In case of power loss, the exit signs shall be connected to emergency power source (storage batteries, unit equipment, or on-site generator);

(xi) Porches, steps, stairs, landings and walkways shall be maintained in good repair and safe condition, and in compliance with the adopted code or as approved by the authority having jurisdiction;

(xii) Guardrails shall be located along open-sided walking surfaces, mezzanines, stairways, ramps and landings and along glazed sides of stairways, ramps and landings which are located more than thirty (30) inches above the floor or grade below;

(xiii) Guardrails shall form a protective barrier not less than forty-two (42) inches high;

(xiv) Open guardrails shall have intermediate rails or balusters or ornamental patterns such that a three and one-half (3 ½) inch diameter sphere cannot pass through any opening.

(xv) In new construction and remodeled facilities landings shall be no less than ½ inch below the sill plate of the door and shall have a length measured in the direction of travel of not less than forty-four (44) inches.

Section 9. Emergency Escape and Rescue Window.

(a) Sleeping rooms shall have at least one (1) exterior emergency escape and rescue opening (may be a window or door). Such opening shall open directly to the exterior.

(ii) Emergency escape and rescue openings shall have the bottom of the clear opening not greater than forty-four (44) inches measured from the floor.

(iii) Emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools.

Section 10. Kitchen Hood & Duct Fire Extinguishing System.

(a) Each commercial kitchen exhaust hood and duct system required by the adopted fire code or mechanical code to have a Type I hood shall be protected with an approved automatic fire- extinguishing system. Prior to the installation of a Type I hood a plan review must be submitted and approved by the fire authority.

(b) Pre-engineered automatic dry and wet chemical extinguishing systems shall be tested in accordance with UL 300 and listed and labeled for the intended application.

(c) Other types of automatic fire-extinguishing systems shall be listed and labeled for specific use as protection for cooking operations.

(d) A manual actuation device shall be located at or near a means of egress from the cooking area, a minimum of ten (10) feet and a maximum of twenty (20) feet from the kitchen exhaust system.

(e) The manual actuation device shall be located a minimum of four and one-half (4.5) feet and a maximum of five (5) feet above the floor.

(f) The actuation of the fire suppression system shall automatically shut down the fuel or electrical power supply to the cooking equipment.

(g) The fuel and electrical supply reset shall be manual.

(h) Where a building fire alarm system is installed, automatic fire-extinguishing systems shall be monitored by the building fire alarm system in accordance with NFPA 72.

(i) Automatic fire-extinguishing systems shall be serviced at least every six (6) months and after activation of the system. The system shall have a service tag attached stating date of service and who serviced it. Inspection shall be by qualified individuals certified by the State of Wyoming, and a certificate of inspection shall be forwarded to the fire official upon completion.

(j) Hoods, grease-removal devices, fans, ducts and other appurtenances shall be cleaned at intervals necessary to prevent the accumulation of grease.

(k) Cleanings shall be recorded, and records shall state the extent, time and date of cleaning. Such records shall be maintained on the premises.

(l) A portable class K rated fire extinguisher shall be provided within a thirty (30) foot travel distance of commercial-type cooking equipment.

Section 11. Portable Fire Extinguishers.

(a) Portable fire extinguishers shall be installed in Group E occupancies. The fire official having jurisdiction shall approve the proper type and number of extinguishers. General rules are:

(ii) The rating of each fire extinguisher shall not be less than 2A-10: BC. (Look for this number on the extinguisher);

(iii) The extinguisher shall be located in a conspicuous location where it will be readily accessible and immediately available for use. The location shall be along the normal path of travel;

(iv) Fire extinguishers shall not be obstructed or obscured from view;

(v) Fire extinguishers shall be installed on the hangers or brackets supplied. (Unless housed in approved fire extinguisher cabinets.) Hangers or brackets shall be securely anchored to the mounting surface in accordance with the manufacturer's installation instructions;

(vii) Fire extinguishers shall not be mounted or stored in cupboards or broom closets in Child Care Centers,

(A) Fire extinguishers in Family Child Care Centers shall not be mounted or stored in cupboards or broom closets, except when the location is properly identified by a sign approved by the fire inspector.

(viii) Fire extinguishers shall be inspected monthly by the provider and documentation of the inspection shall be kept;

(ix) New fire extinguishers will be inspected and will have the annual service tag attached before the issuance of a license; and

(x) Fire extinguishers shall be inspected and serviced annually according to NFPA Standard 10.

Section 12. Storage.

(a) Curtains, draperies, hangings and other decorative materials suspended from walls or ceilings shall be flame resistant in accordance with NFPA 701.

(b) Storage of combustible materials in buildings shall be orderly and separated from heaters or heating devices by distance or shielding so that ignition cannot occur. No explosives of any type are allowed on the premises.

(i) Corridors are protected by an approved automatic sprinkler system.

(ii) Corridors are protected by an approved smoke detection system.

(iii) Storage in metal lockers provided the minimum required egress width is maintained.

(d) Artwork and teaching materials shall be limited on walls of corridors to not more than twenty percent (20%) of the wall area.

(e) Combustible materials shall not be stored in attic, under-floor, under exit stairways, and concealed spaces unless walls, floor and ceiling forming the storage area are protected on the enclosed side by one-hour fire-resistive construction or the space is provided with an approved automatic fire sprinkler system.

(f) Trapdoors and access covers shall be kept closed at all times except when in use.

(g) Combustible storage shall be maintained two (2) feet or more below the ceiling in non-sprinklered buildings or a minimum of eighteen (18) inches below sprinkler head deflectors in sprinklered buildings.

(h) Combustible storage shall not be stored in exits, hallways or stairways.

(i) Combustible material shall not be stored in boiler rooms, mechanical rooms or electrical equipment rooms.

(j) Combustible and flammable materials and liquids shall be properly stored and shall not create a fire hazard. The maximum amount allowed shall not exceed ten (10) gallons.

Section 13. Heating Appliances.

(a) Heating appliances shall be listed and approved and installed in accordance with the manufacturer's instructions, the adopted building code, mechanical code and electrical code. All chimneys, smokestacks or similar devices from stoves, furnaces, fireboxes or boilers shall be installed or constructed in accordance with their listings and the above-mentioned codes.

(i) The fire official may require the furnace, boiler, fireplace or heating appliance to be inspected and/or serviced by a licensed serviceman.

(b) Furnaces shall be cleaned (including filter replacement) as often as necessary to prevent accumulation of lint and dust.

(d) Heating appliances such as free standing and built-in fireplaces shall have a non- combustible guard placed around the unit with a separation to prevent accidental burns.

Section 14. Electrical.

(a) All electrical wiring, equipment and appliances shall be installed and maintained in accordance with NFPA 70, National Electrical Code.

(b) Special protective covers for all electrical outlets, or tamper resistant outlets, not in use shall be installed in all areas occupied by the children. All new construction and remodeled child care facilities must be fitted with tamper resistant outlets.