Wyo. Code R. 049-0002-1
Adult Protective Services
Effective Date: 07/12/1994 to 08/13/1998
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0002.1.07121994
DEPARTMENT OF FAMILY SERVICES ADULT PROTECTIVE SERVICES
Section 1. Authority. These rules of the Department of Family Services are promulgated pursuant to mandate of Wyoming Statute (W.S.) 35-20-104(a)(ii).
Section 2. Purpose. These rules are adopted to further realization of the Department's responsibilities under the Adult Protective Services Act (W.S. 35-20-101 through 35-20-109).
It is not the purpose of these rules to place restrictions upon the personal liberties of disabled adults, but these rules are to be liberally construed to assure the availability of protective services to disabled adults who lack the capacity to protect their health, safety and welfare.
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.
(a) 'Abandonment' means leaving a disabled adult without financial support or the means or ability to obtain food, clothing, shelter or health care.
(b) 'Abuse' means the willful infliction of physical pain, injury, unreasonable confinement or deprivation, which conduct threatens the welfare and well-being of a disabled adult.
(c) 'Administrator' means the director of the Department of Family Services or his/her designee.
(d) 'Caretaker' means any person or agency responsible for the day-to-day care of a disabled adult because of:
(i) A family relationship;
(ii) Voluntary assumption of responsibility for day-to-day care;
(iii) Court-ordered responsibility or placement;
(iv) Rendering services in an adult workshop, an adult residential program, community-based program or an institution.
(e) 'Casework' means investigating any referral of a disabled adult who is reportedly abused, neglected, abandoned or exploited, referral to appropriate community agencies for needed services and emergency services as defined in Chapter 3 of these Rules.
(f) 'Collateral contact' means obtaining information concerning the living situation of the disabled adult from an individual who has knowledge of the situation but was not directly involved in referring the disabled adult to the Department for services.
(g) 'Court' means the district court in the district where the disabled adult resides or is found.
(h) 'Disabled Adult' means any person eighteen (18) years of age or older who is unable unassisted to properly manage and take care of himself or his property as a result of the infirmities of advanced age, physical or mental disability or the use of alcohol or controlled substances.
(i) 'Department' means the Department of Family Services or its successor.
(j) 'Emergency Services' means those services, including physical care and custody in a nonrestrictive environment necessary to maintain the disabled adult's vital functions and without which services the disabled adult would suffer irreparable harm or death.
(k) 'Exploitation' means taking advantage of a disabled adult or his physical or financial resources for personal or pecuniary profit by the use of undue influence, harassment, duress, deception, false representation or false pretenses.
(l) 'Lacks the capacity to consent' means the lack of sufficient understanding or ability to make or communicate responsible decisions concerning oneself including one's finances, health, care, food, clothing or shelter.
(m) 'Mental Disability' is defined as 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 this degree exists is subject to an evaluation by a licensed psychologist, psychiatrist or physician, if disputed. (n) 'Neglect' means the deprivation of the minimum food, shelter, clothing, supervision, physical and mental health care and other care necessary to maintain a disabled adult's life or health. The withholding of health care from a disabled adult is not neglect if:
(i) treatment is given in good faith by a spiritual means alone, through prayer, by a duly accredited practitioner in accordance with the tenets and practices of a recognized church or religious denomination; or
(ii) the withholding of health care is in accordance with a declaration executed pursuant to W. S. 35-22-101 through 3522-109.
(o) Physical disability is defined as a physical condition that results in an inability to care for oneself's daily personal needs or protect oneself from neglect, abuse, exploitation or hazardous conditions without the assistance of others. Whether or not a physical condition of this degree exists is subject to a determination by a licensed physician, if disputed.
(p) 'Protective Services' means those services provided by the Department to assist disabled adults in order to prevent or terminate abuse, neglect, exploitation or abandonment until the disabled adult no longer needs those services, as defined by Department policy.
(a) The State office of the Department of Family Services shall perform the following functions:
(i) Writing and revision of all adult protective services policy and forms;
(ii) Develop and/or arrange for a training curriculum for all Department social work personnel assigned responsibility for the delivery of adult protective services;
(iii) Quality control monitoring of adult protection cases through review of files and/or on-site visit to the Department's field offices;
(iv) Monitoring the delivery of the Department's adult protective services to determine compliance with the relevant laws, statutes, rules and procedures.
(a) Only social workers or social work supervisors in the Department who have completed the Department's adult protective services basic training may be assigned adult protective services duties. Such training will focus on adult protective services state statutes, rules, policies and procedures. During the first 12 months of employment a new social worker may provide adult protective services under the supervision of a trained social work supervisor in the Department.
(b) The Department may offer advanced training in adult protective services to its social workers and social work supervisors.
(a) Any person who is a perpetrator, victim or legal guardian of a victim of abuse, neglect, exploitation or abandonment may request administrative review of Departmental action alleged to be contrary to law or the Department's policy. Such administrative review shall be conducted by the Department's county/district manager, whose determination may be further contested by appeal to the district court in accordance with Wyoming law.
(a) The county/district office of the Department may encourage and assist in the creation of adult protection teams within communities in a local jurisdiction.
(b) If the Department's county/district manager elects not to chair the team meeting, the team may elect its own chair person.
(c) Each adult protection team may develop a plan. Any such plan shall include procedures for selection of officers, scheduling of meetings, selection of cases, and public education projects. The Department may develop a model plan in order to assist the process of local team plans. Local plans shall be submitted to the Department's regional manager or his designee for review and approval.
(d) The purpose of the team is to assist and coordinate adult protection activities with the Department's county/district office and other agencies and organizations that serve adults.
(e) Records of the team shall be confidential in accordance with the provision of W.S. 35-20-108. In order to facilitate services to a disabled adult, the Department is authorized to divulge case particulars to adult protective services' team members who sign a memorandum of agreement to protect the confidentiality of individual cases discussed at team meetings.