Wyo. Code R. 049-0006-1
Child Protection - Children & Family Services
Effective Date: 03/31/1994 to 08/01/2001
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0006.1.03311994
Section 1. Authority. These rules of the Department of Family Services, Division of Youth Services, are promulgated pursuant to W.S. 9-2-2104(a)(vii) and W.S. 14-3-201 through 14-3215,
Section 2. Purpose. These rules are adopted to further the attainment of the Department's and the Division's statutory responsibility relating to child protective services in Wyoming, to assist in the administration of the Department's programs, to protect the best interest of the child, to further offer protective services when necessary in order to prevent any harm to the child or any other children living in the home, to protect children from abuse or neglect which jeopardize their health or welfare, to stabilize the home environment and to preserve family life whenever possible.
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) "Abuse/Neglect":
(i) Physical Abuse: Deliberate physical injuries inflicted by parents, caretaker or babysitter or physical injuries resulting from indifference, negligence or improper supervision, also called non-accidental trauma. These could be rated as mild (a few bruises, welts, scratches, cuts, scars), moderate (numerous bruises, minor burns, a single fracture) or severe (major burns, central nervous system injury, abdominal injury, multiple fractures or any life-threatening abuse). In its extreme, the result is death. Often the injury stems from an angry attempt to punish the child for misbehavior. Sometimes it is an uncontrolled lashing out at a child who happens to be in the way when some unrelated crisis is occurring. Hitting a child with a closed fist or kicking a child is physical abuse. Use of an instrument to strike a child may be abusive. Rough-handling, spanking, yanking or pushing are not always physical abuse.
Even when there are no signs of injury, an incident that includes dangerous acts or omissions; e.g., acts which constitute a serious risk to a child's physical or mental health, safety or welfare, but which does not result in injury to the child, is physical abuse. Examples of dangerous acts include, but are not limited to:
(F) The reckless use of lethal weapons in the proximity of a child.
(ii) Nutritional Deprivation: Underfeeding (caloric deprivation) causes over 50% of the cases of failure to thrive (underweight) in infancy. This is usually documented by a weight gain in the hospital of over two ounces per day sustained for at least a week. A smaller gain is diagnostic if it far surpasses the gain during an equivalent period of time at home. These cases do not include failure to thrive secondary to organic causes or a feeding error.
(iii) Medical Care Neglect: Refusal or failure to obtain and maintain those treatment services necessary for a child’s continued health. Incomplete immunizations, flea bites, missed medical appointments, etc. can be handled by the public health nurse or school health aide. Examples of medical neglect include but are not limited to the following:
(A) Failure to give prescribed medication when such failure places the child’s life at risk;
(B) Failure to treat teeth that are in obvious need of care or the child is in pain;
(C) Attempting to set broken limbs in lieu of seeking professional help;
(D) Withholding medical treatment from a child with serious acute disease or injury;
(E) Failure of a caretaker to participate in the care of and/or be involved in the medical decisions necessary during the hospitalization of a child to the extent that it may result in substantial risk of harm to the child.
(iv) Intentional Drugging or Poisoning: Drugging children with adult sedatives, sharing narcotics or other dangerous drugs with children, intentionally poisoning children, etc. by parents or caretakers.
(v) Sexual Abuse: Any sexual exploitation of a child (molestation, exposure, masturbation, incest, oral-genital contact, sodomy, etc.) by parents, caretakers or other persons living in the home.
While most sexual exploration between children is not sexual abuse, some children are sexually abusive and may develop patterns of abuse that continue into adulthood if not treated. Diagnostic criteria for sexual abuse between children include:
(A) The use of threats, coercion or force;
(B) Lack of consent or agreement to the sexual activity;
(C) Trickery;
(D) Lack of equality, e.g., in physical size, age or intellectual functioning.
(vi) Psychological Abuse and Neglect: Child rearing procedures or an absence of them, by persons responsible for the child, which results in the gross impairment of a child’s opportunity for normal and healthy psychological development which would allow the child to achieve a reasonable degree of positive and independent life adjustment within his or her inherent capabilities and cultural environment opportunities.
(vii) Emotional Abuse: The continual scapegoating and rejection of a child resulting in behavior clearly indicative of pathologically disturbed emotional adjustment or behavior. Severe verbal abuse and beating can be present. Conversely and just as significant is the near to complete absence of appropriate loving, touching, holding and reassuring verbal behavior necessary for emotional health.
Psychological terrorism is also included (e.g., locking a child in a dark cellar or threats of mutilation). Situations where the only parent is psychotic, and hence inadequate to care for the children, or severely depressed, and hence a danger to the children, should also be included.
The diagnostic criteria of emotional abuse are:
(A) Severe psychopathology in the child is diagnosed as a result of required medical, psychological, psychiatric, social work or other data resulting in the differential diagnosis.
(B) Treatment offered or recommended for the child on at least two occasions, but not acted on.
(C) Treatment refused by the parents at least once.
(viii) Abandonment: The child has been left with no obvious behavioral, verbal or written intentions of reclaiming the child.
(ix) Lack of Supervision: When young children (generally under age 12) are left without an adult or babysitter in attendance for significant or unreasonable periods of time. Lack of supervision cases may be rated as:
(A) High risk (e.g., child has suffered a serious physical injury due to inadequate supervision, child who is eight years of age and under left home alone, child twelve and under is left alone overnight, no food in the house, no utilities and weather is under 32 degrees, child left alone in a car for an unreasonable period of time and hot or cold weather poses an immediate safety risk to child(ren), child is seriously ill or handicapped and left home alone;
(B) Moderate risk (e.g., child is provided inadequate food, child does not have access to an adult in emergencies, child is likely to suffer an injury due to hazardous conditions and when services are offered, the parent or responsible person refuses to plan on behalf of the child to correct the situation);
(C) Low risk (e.g., child left alone is nine years of age and over, child is left home alone infrequently and for short periods of time, child has access to an adult and/or knows appropriate phone numbers including 911 and knows what to do in an emergency, child does not get into trouble requiring police intervention in the neighborhood, living conditions do not present a health hazard to the child, the child supervising younger children is at least twelve years of age).
(x) Negligent Treatment: Failing to provide adequate food, clothing, shelter, education, health care, supervision or guidance to a child. Failure to provide adequate and safe shelter (“dirty house” referrals must identify factors which actually place a child at risk) (e.g., no heat in the house, animal or human feces on the floor, vermin, fire hazards, toxic materials, exposed wiring, rotten garbage, etc.). Educational neglect is failing to enroll a child age 6 to 16, unless they have completed the 8th grade, in public school, a recognized parochial school or a home-based taught program approved by the local school district.
(xi) Withholding needed medical treatment from handicapped infants, often referred to as Baby Doe, is prohibited by Federal statutes. Withholding medical treatment means failure to respond to the infant’s life threatening conditions by providing treatment which, in the treating physician’s reasonable medical judgment, will most likely improve or correct such conditions. Appropriate nutrition, hydration and medication (palliative care) shall be provided in all cases.
Providing treatment to handicapped infants is not required when, in the physician’s reasonable medical judgment, any of the following circumstances exist:
(A) The infant is chronically and irreversibly comatose;
(B) Provision of treatment would merely prolong dying; or
(C) Provision of treatment would be virtually futile in terms of the infant’s survival and the treatment itself would be inhumane.
(b) “Advocacy” refers to a strategy in which a helping person assumes an active role in assisting or supporting a specific youth and/or family. This may involve finding and facilitating services for specific cases or developing new services or promoting program coordination.
“Caretaker” see “Person Responsible for a Child’s Welfare” (q).
“Case Assessment” is the documentation of family problems, strengths and resources.
“Case Plan” means a written plan on a form prescribed by the Division, which guides all participants in the plan toward the permanency goal for the child.
(f) “Case Planning” is the means whereby help is given structure. Plans should generally include client participation. Plans should have goals and tasks, which are specific, measurable, realistic, behavior-oriented, present problem oriented, flexible and time limited. Goals and tasks must be related to and based on the client assessment.
(g) “Central Registry” is a list of persons who have been the subject of a child abuse complaint. This contains the name, case number and finding of the child protection investigation. Unsubstantiated reports are purged within one year.
“Child” means any person under the age of majority.
(i) “Child Protective Services” refers to specialized child welfare services performed by persons legally responsible for investigating suspected cases of child abuse and neglect and intervening in confirmed cases.
(j) “Collateral Contact” means obtaining information concerning a child or family from a person who has knowledge of the family situation but was not directly involved in referring the child or family to the Department for services.
(k) “Credible Evidence” means that the available facts when viewed in light of surrounding circumstances would cause a reasonable person to believe that a child was abused or neglected. In mild cases, determination of abuse or neglect may hinge upon the objective degree of risk at which the child’s well-being was placed, in addition to whether the trauma constituted an isolated incident or part of a pattern.
(l) “Department” means the Department of Family Services, including both the central office in Cheyenne and the field offices throughout the State of Wyoming.
(m) “Family/Community-Based Services” means a continuum of treatment services which focuses on strengthening families so they can meet their own needs, thus reducing out-of-home placements or the duration of out-of-home placements.
(n) “Imminent Danger” includes threatened harm and means a statement, overt act, condition or status that represents an immediate and substantial risk of sexual abuse or physical or mental injury.
(o) “Out-of-Home Care Child Abuse and Neglect” means 1) facility abuse and neglect as a result of social or institutional policies, practices or conditions; 2) child abuse and neglect committed by an employee of a public or private institution or group home against a child in the institution or group home.
(p) “Other Child Care Settings” means foster homes, family child day care homes and child day care centers subject to the Department’s licensing or certification requirements.
(q) “Permanency Goal” means the continuous living arrangement that the Department deems desirable for and available to the child. A permanent, legal status is usually a component of the permanency goal. The means for attaining a permanency goal, as well as the goal itself, can change as the child’s developmental and emotional needs change or as the child’s and family’s circumstances change.
(r) “Person Responsible for a Child’s Welfare” (AKA “Caretaker”) means a person responsible for a child’s health or welfare, including the child’s parent, guardian or other person within the child’s own home or a person responsible for a child’s health or welfare in a relative’s home, foster care home, group home, school, residential institution or hospital. This includes an employee of a residential facility or a staff person providing out-of-home care, such as family day care, group day care and center-based day care.
(s) “Physical Injury” means death or any harm to a child, including but not limited to, disfigurement, impairment of any bodily organ, skin bruising, bleeding, burns, fracture of any bone, subdural hematoma or substantial malnutrition.
(t) “Reasonable Cause to Suspect” or “Reason to Believe” refers to situations in which facts and circumstances based upon accurate and reliable information would justify a reasonable person to believe that a child is abused or neglected. Such facts and circumstances may include evidence of an injury or injuries and the statements of a person worthy of belief, even if there is no present evidence of injury.
(u) “Risk Assessment” is a process in which the social worker and social work supervisor weigh the various factors found in a particular case which can determine the safety, or lack thereof, of a particular child.
The purpose of the risk assessment process is to help staff approach case evaluation and decision making in a structured, systematic way. The process builds upon existing practice. In no way is it intended to replace or supersede staff judgement.
Risk assessment is an ongoing process that takes into account the frequency, intensity and duration of various risk factors as well as indicators which may decrease the risk of maltreatment or increase the positive effect of intervention.
(v) “Specialized Foster Care” means family foster care provided by trained and skilled foster families for youth with special physical, emotional, psychological or social disabilities that provides care on a twenty-four hour basis.
(w) “Substantial Risk” means a strong possibility as contrasted with a remote or insignificant possibility.
(x) “Substantiated Report” means any report of child abuse or neglect made to the Department for which it is determined, after an investigation, that credible evidence of the alleged abuse or neglect exists.
(y) “Undetermined Report” means any report of child abuse or neglect made to the Department in which it was not possible to initiate or complete an investigation within 60 days on the basis of information provided to the Department. An additional 30 days are then allocated after which a determination must be made. In the absence of credible evidence of child abuse or neglect, the report must be determined “unsubstantiated” at the end of 90 days.
(z) “Unsubstantiated Report” means any report of child abuse or neglect for which it is determined, after an investigation, that no credible evidence of the alleged abuse or neglect exists.
(aa) “Voluntary Placement Agreement” means a time-limited, written request and consent from a parent, guardian or legal custodian of a child for placement of the child out of the home. When signed by designated Department staff, the Department agrees to provide appropriate services, which include placement.
(a) The Department of Family Services (hereafter referred to as “the Department”) is responsible for providing child protective services to children and families. Services are provided in order to assure permanent and secure living situations.
(b) The Department determines:
(i) The children and family’s eligibility for services;
(ii) The specific services that are necessary and appropriate for eligible children and families as indicated in the case plan;
(iii) Whether particular services will be provided directly by the Department or through purchase of services providers; and
(iv) When the case shall be terminated.
(a) The Department provides, directly or through purchase, a number of services for children and families that are individually planned to meet the needs of each child and family. These services are listed in the case plan and are directed
toward five possible goals:
(i) Family preservation;
(ii) Family reunification;
(iii) Adoption;
(iv) Attainment of a permanent living arrangement; or
(v) Independent living.
(b) When family preservation is the goal, services are directed toward ensuring the child’s development, safety and well-being in his parent’s home. The case plan will show permanency goal for the child to “remain home.” The services for these children and families may include:
(i) Child protection counseling;
(ii) Advocacy;
(iii) Social services aide;
(iv) Child day care;
(v) Parent education;
(vi) Individualized youth services;
(vii) Family/community-based services.
(c) When family reunification is the goal, services are directed toward returning a child to his parent's home following the temporary removal of the child. Family reunification services are directed toward helping the child's parents achieve adequate parenting standards and ensuring the child's safety and well-being upon his return home. The case plan will show a permanency goal of "return home."
The services for those children and families may include:
(d) When adoption is the goal, services are directed toward securing a new legal status in a permanent living situation for the children who cannot return to their legal families. The case plan will show a permanency goal of "adoption." The services for these children may include:
(e) When attainment of a permanent living arrangement is the goal, services are directed toward transferring legal guardianship or legal custody to a relative, foster family or agency so that the child can remain with them until adulthood. The case plan will show a permanency goal of "guardianship." The services for these children may include:
(f) When independent living is the goal, services are directed toward helping youth prepare to live independently prior to leaving the Department's care, custody and control. The case plan will show a permanency goal of "independent living." Such services may be provided or purchased by the Department to 1) youth age 16 -18 or older for whom the Department has legal custody to help them live independent of adult caretaker supervision and achieve economic self-sufficiency; and 2) youth in cases when it is not in their best interests to return home or when a permanent living arrangement is not available. The services for these youth may include:
(i) Counseling; (ii) Advocacy; (iii) Child day care of the child(ren) of unmarried youth; (iv) Social services aide; (v) Foster family home; (vi) Relative home; (vii) Specialized foster care; (viii) Residential care; (ix) Maternity home care; (x) Parenting education; (xi) Court services; (xii) Financial assistance; (xiii) Living skills training; (xiv) Housing alternatives; (xv) Individualized youth services.
Section 7. Functions in Support of Services.
(a) In order to achieve the above-stated goals, the Department delivers a variety of services to children and families. These services are provided directly by Department staff or through purchase of services. In addition, Department field office staff shall perform clearly defined functions that support the delivery of services. These functions include:
(i) Receipt of reports of child abuse or neglect; (ii) Intake, child risk assessment and case substantiation; (iii) Crisis intervention; (iv) Case assessment;
(vii) Certification or review of residential and group home child care facilities;
(viii) Special investigations as determined by the Department;
(ix) Licensing of child care facilities (excluding child day care homes and child day care facilities); and
(x) Insuring that the Department's child protective services are in compliance with the relevant laws, statutes and rules.
Section 8. Training and Certification of Child Protection Workers.
(a) Child protective services workers must be trained in the area of child abuse and neglect. Only staff who have completed the Department's child protective services certification will be assigned child protective services responsibilities. Completion of the child protective services certification is defined as having attended and passed the basic child abuse and neglect course. However, during the first 12 months of employment, a new worker may provide child protective services under the supervision of a certified child protective services supervisor or Field Office Manager.
(b) Advanced training shall also be offered to child protective services workers, supervisors and managers at the Department's discretion.
(c) Specialized training for child protection homemakers, foster parents and other relevant service providers shall be provided at the Department's discretion.
Section 9. Fair Hearings.
(a) Following a determination, pursuant to Chapter 3, Section 2(p), on pages 27 and 28, an alleged perpetrator of abuse and/or neglect who is aggrieved by said determination may request a fair hearing by the hearing officer provided by the Department if the individual thinks that the Department has acted contrary to law or the Division's child protective services rules; and
(b) Any person who requests a fair hearing shall do so in writing within 20 days following notice of determination and shall be offered a preliminary meeting with the Field Office Manager to discuss the disputed issues and resolve the dispute. If the dispute is resolved to the satisfaction of both parties, the person who requested the fair hearing shall sign a statement withdrawing the request. If the dispute is not resolved, the Field Office Manager shall refer the matter to the hearing officer provided by the Department.
(c) Fair hearings shall be conducted in the same manner as other Department fair hearings, except that hearings shall be limited to the resolution of only those matters noted in Section 9(a).
Section 10. Child Protection Teams.
(a) The field office shall encourage and assist in the creation of multi-disciplinary child protection teams within the communities in the state.
(b) The child protection team shall be composed of:
(i) A member of the county or district attorney's office;
(ii) A designated representative from the school district or districts within the area served by the team;
(iii) The Field Office Manager or field office designee;
(iv) Representatives from other relevant agencies; and
(v) Temporary members selected for the needs of a particular case as determined by the team. The Field Office Manager or designee may serve as chairman of the team.
(d) Every child protection team shall write a plan. The plan shall include procedures for selection of officers, scheduling of meetings, selection of cases and public education and prevention projects. The plan shall be updated as appropriate.
(e) When staffing or reviewing cases with the child protection team, the Department may share all information contained in Department files or known to Department representatives, including cases determined to be unsubstantiated, as well as those yet to be determined. Team members may share all information that has the potential to help the child or family. At least once each meeting, the team secretary shall remind team members that information divulged at team meetings remains subject to the confidentiality strictures of W.S. 14-3-214, and any further use of or disclosure of that information for purposes not directly connected with child protection is a criminal offense. Inclusion of confidentiality strictures in the team minutes will satisfy this requirement.
(f) The purpose of the team is to assist and coordinate child protection activities with the field office and other agencies and organizations that deal with children. The team may also:
(i) Facilitate diagnosis and prognosis;
(ii) Provide an adequate treatment plan for the abused and/or neglected child and his family.
(g) The Field Office Manager shall exercise full administrative authority in all child protection cases and shall be held accountable to the Department Director for the casework decisions made in all cases.