Wyo. Code R. 049-0002-1
Effective Date: 11/04/2003 to 01/12/2009
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0002.1.11042003
DEPARTMENT OF FAMILY SERVICES ADULT PROTECTIVE SERVICES
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, abandonment 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.
(a) 'Abandonment' means leaving a vulnerable adult without financial support or the means or ability to obtain food, clothing, shelter or health care.
'Abuse' means the intentional or reckless infliction, by the vulnerable adult's caregiver, family member or other individual of:
(i) Injury;
(ii) Unreasonable confinement that threatens the welfare and well being of a vulnerable adult; or
Intimidation or cruel punishment with resulting physical or emotional harm or pain to a vulnerable adult.
(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) “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.
(h) “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.
(i) “Caregiver” means any person or agency responsible for the care of a vulnerable adult because of:
(i) A family relationship;
(ii) Voluntary assumption of responsibility for care;
(iii) Court ordered responsibility or placement;
(iv) Rendering services in an adult workshop or adult residential program; or
(v) Rendering services in an institution or in a community-based program.
(j) “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.
(k) “Central Registry” means an electronic registry maintained pursuant to Wyo. Stats. §§ 35-20-115 through 35-20-116.
(l) “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.
(m) “Conservator” means a person appointed by a court of proper jurisdiction to have the custody and control of the property of a vulnerable adult.
(n) “Court” means the district court in the district where the vulnerable adult resides or is found.
(o) “Credible evidence” means the available facts when viewed in light of surrounding circumstances would cause a reasonable person to believe a vulnerable adult was abused, neglected, exploited or abandoned.
(p) “Department” means the Wyoming Department of Family Services or its designee, including local offices.
(q) “District office” means one of the nine (9) geographic divisions within the Department of Family Services through which Department programs and services are administered.
(r) “Emergency services” means those services, including physical care and custody in a nonrestrictive environment, necessary to maintain the vulnerable adult’s vital functions and without which services the vulnerable adult would suffer irreparable harm or death.
(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, to 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.
(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) “Local office” means the nearest office of the Department through which Department programs and services are administered.
(y) “Major injury” means any consequence of an act or failure to act which impairs the vulnerable adult’s physical or mental health.
(z) “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.
(aa) “Neglect” means the deprivation of, or failure to provide, the minimum food, shelter, clothing, supervision, physical and mental health care, and other care 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; or
(ii) The withholding of health care is in accordance with a declaration executed pursuant to Wyo. Stats. §§ 35-22-101 through 35-22-109.
(bb) “Professional reporter” means an individual whose vocation or employment requires specialized knowledge and training such as a member of the staff of a medical or other public or private institution, facility or agency.
(cc) “Protective services” means those emergency services provided by the Department to assist vulnerable adults to prevent or terminate abuse, neglect, exploitation or abandonment until the vulnerable adult no longer needs those services. These services may include social casework, case management, home care, day care, social services, health care, psychiatric or health evaluations and other emergency services consistent with the Adult Protective Services Act, Wyo. Stats. §§ 35-20-102 through 35-20-116.
(dd) “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.
(ee) “Sexual abuse” is defined as non-consensual sexual contact including, but not limited to, unwanted touching, all types of sexual assault or battery such as rape, sodomy, sexual exploitation and sexual photographing. Sexual abuse may be included in the definition of abuse under Section 4 (b).
(ff) “Substantiated report” means any report of abuse, neglect, exploitation or abandonment pursuant to this act that is determined upon investigation that credible evidence of the alleged abuse, neglect, exploitation or abandonment exists.
(gg) “Unsubstantiated report” means any report that is unfounded or not supported by credible evidence.
(hh) “Vulnerable adult” means any person eighteen (18) years of age or older who is unable to manage and take care of himself or his 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 this 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 4, Section 3, of these Rules.
Section 6. Duty to Report. The duty to report in Chapter 2, Section 1, of these Rules applies without exception to a person or agency who knows, or has sufficient knowledge which a prudent and cautious person in similar circumstances would have to believe, that a vulnerable adult has been or is being abused, neglected, exploited or abandoned, or is committing self-neglect.
Wyo. Stat. § 6-2-507. Abuse, neglect, abandonment or exploitation of a vulnerable adult; penalties.
Except under circumstances constituting a violation of Wyo. Stat. § 6-2-502, a caregiver is guilty of abuse, neglect, abandonment or exploitation of a vulnerable adult if the caregiver intentionally or recklessly abuses, neglects, abandons or exploits a vulnerable adult.
Reckless abuse, neglect or abandonment of a vulnerable adult is a misdemeanor, punishable by not more than one (1) year in jail, a fine of one thousand dollars ($1,000.00), or both, and registration of the offender’s name on the Central Registry.
Intentional abuse, neglect or abandonment of a vulnerable adult is a felony punishable by not more than ten (10) years in prison, a fine of not more than ten thousand dollars ($10,000.00), or both, and registration of the offender’s name on the Central Registry.
Exploitation of a vulnerable adult is a felony punishable by not more than (10) years in prison, a fine of not more than ten thousand dollars ($10,000.00), or both, and registration of the offender’s name on the Central Registry.
As used in this section:
“Abandonment” means as defined in Wyo. Stat. § 35-20-102 (a)(i);
“Abuse” means as defined in Wyo. Stat. § 35-20-102 (a)(ii);
“Caregiver” means as defined in Wyo. Stat. § 35-20-102 (a)(iv);
“Central registry” means the registry established under Wyo. Stat. § 35-20-115;
“Exploitation” means as defined in Wyo. Stat. § 35-20-102 (a)(ix);
“Neglect” means as defined in Wyo. Stat. § 35-20-102 (a)(xi);
“Vulnerable adult” means as defined in Wyo. Stat. § 35-20-102 (a)(xviii).
The Department’s local office manager will encourage and assist in the creation of Adult Protection Teams within communities or local jurisdictions. The Adult Protection Team may also function as a fatality review team. Members of the Adult Protection Team may include, but are not limited to:
Law enforcement representative;
County attorney;
Public health nurse;
Mental health professional;
Senior citizen center staff;
Developmental disabilities specialist;
Domestic violence counselor;
Victims assistance advocate;
Department of Family Services benefit specialist;
Department of Family Services adult protective services caseworker;
Medical professional;
Department of Health, Office of Health Facilities representative; or
(xiii) Community Animal Control Officer.
(b) 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.
(c) Each Adult Protection Team shall 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.
The Adult Protection Team shall coordinate adult protection activities among the Department’s local office and other community partners to assure the safety and well being of vulnerable adults.
Adult Protection Team activities may include, but are not limited to:
Community education and awareness;
Facilitating - the provision of needed services;
Referral to a law enforcement agency.
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.
The Department will 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 (e) above.