Wyo. Code R. 049-0006-2
Child Protection - Children & Family Services
Chapter 2: Reports of Suspected Child Abuse or Neglect
Effective Date: 08/01/2001 to Current
Rule Type: Current Rules & Regulations
Reference Number: 049.0006.2.08012001
(a) Reports of suspected child abuse or neglect shall be made to any field office of the Department or to any law enforcement center at any time.
(b) Persons required to report child abuse or neglect:
(i) Any person who knows of or has reasonable cause to believe or suspect a child has been abused or neglected or who observes any child being subjected to conditions or circumstances that would reasonably result in abuse or neglect shall immediately report it to the child protection agency or local law enforcement agency or cause a report to be made.
(ii) If a person reporting child abuse or neglect is a member of the staff of a medical or other public or private institution, school, facility or agency, he shall notify the person in charge or his designated agent as soon as possible, who is thereupon also responsible to make the report or cause the report to be made. Nothing in this subsection is intended to relieve individuals of their obligation to report on their own behalf unless a report has already been made or will be made.
(iii) The name and identifying information of the person who reported the suspected abuse or neglect shall be kept confidential, except as required by law.
(a) The report of suspected abuse or neglect is taken and entered into the Department's data system.
(b) All reports are screened to determine whether the allegations meet the statutory definitions of child abuse/neglect and are within the scope of Child Protective Services. The verification process will begin within twenty-four (24) hours after the office receives a complaint alleging abuse/neglect and includes gathering sufficient information to enable the worker to:
(i) Identify and locate the child and the parent and/or caretaker;
(ii) Assess the seriousness of the situation, consider the urgency for response, and initiate the safety assessment;
(iii) Determine if the report requires special assignment. These reports are referred to management for assignment or rejection.
(c) The Department may make collateral contacts for the purpose of assessing safety, clarifying or establishing the credibility of the report. Such collateral contacts shall not be considered as initiating an investigation unless the report is subsequently accepted.
(d) The Department shall check records, including the Central Registry, to obtain pertinent information, including past Department involvement.
(e) A safety assessment will be initiated within twenty-four (24) hours and completed within seven (7) calendar days for all accepted reports.
(f) The Department shall reject the following reports:
(i) Reports in which the allegations fall outside the Department’s definition of abuse/neglect;
(ii) Reports in which the reporter can give no credible evidence or reason to suspect that abuse/neglect has occurred;
(iii) Reports in which insufficient information is given to identify or locate the child;
(iv) Reports surrounding child truancy unless there is evidence the caretaker’s behavior is preventing school attendance;
(v) Reports involving physical or sexual assaults on children by persons who are not caretakers, which are criminal issues and referred to law enforcement.
(g) Rejection of a report shall be done at the supervisory level and documented in the Department’s data system.
(h) Reports not rejected will be accepted for assessment or investigation.
(i) The Department will determine if the case is appropriate for investigation or assessment.
(i) The safety of the child will be assessed for all reports. The safety assessment will be used to help determine the response of the Department.
(ii) Accepted reports where criminal charges appear unlikely, children do not appear to be in imminent danger, or removal from the home appears unlikely may be assigned for assessment.
(a) The assessment process begins when the report of abuse or neglect is accepted.
(b) The Department shall review the initial intake report and confirm accuracy of the information contained in the report with reporter, when possible.
(c) The Department shall make in-person contact with the child and family within seven (7) calendar days. In-person contact may be extended if the caseworker is unable to make contact following good faith efforts.
(d) During the initial in-person interview with the child's custodial parent, guardian or legal custodian, the caseworker shall inform them that:
(i) The Department received a report and of the duty to assess the report;
(ii) The Department will assess the safety of the child;
(iii) The Department will refer for investigation if needed to protect the child from abuse/neglect.
(e) A safety assessment shall be completed for each child and a safety plan initiated when appropriate.
(f) The Department will refer for investigation if safety assessment indicates a child is in imminent danger.
(g) The Department will complete a family assessment and case plan when Department services are accepted.
(h) The Department shall initiate a new intake of abuse or neglect discovered during the course of the assessment.
(a) The investigative process begins when the report is accepted.
(b) The Department shall review the initial intake report and confirm accuracy of the information contained in the report with the reporter, when possible.
(c) It is recommended all investigations be teamed with law enforcement. In addition, the Department will immediately contact the appropriate law enforcement agency for assistance and consideration of criminal investigation or other action in cases including but not limited to the following types:
(i) Reports regarding a child who may have died as a result of abuse or neglect;
(ii) Reports in which imminent danger, sexual abuse, or major injury to the child is suspected;
(iii) Situations necessitating the removal of the child from the home.
(d) The investigative process may be modified with the District Office Manager’s written approval when the investigation is conducted by law enforcement or at the request of law enforcement.
(e) In-person contact shall be immediately attempted with the alleged victim and/or family when the report alleges any of the following:
(i) All complaints involving major injury;
(ii) Complaints involving a child under the age of six (6);
(iii) Complaints involving children who are suffering from acute untreated medical conditions;
(iv) Complaints alleging children are in immediate need of food;
(v) Complaints alleging in addition to abuse/neglect, the parent(s) or caretaker(s) is psychotic, behaving in a bizarre manner or acting under the influence of drugs or alcohol;
(vi) Complaints alleging bizarre punishment or torture;
(vii) Complaints alleging in addition to abuse/neglect, the child is suicidal;
(viii) Complaints involving abandonment;
(ix) Complaints from doctors and hospital emergency rooms concerning children under their care;
(x) Self-reports from parents who state they are unable to cope and feel they will hurt or kill their children;
(xi) When it is likely the family may flee the area;
(xii) Cases in which the need for protective custody is indicated.
(f) The Department and/or law enforcement shall make in-person contact with the alleged victim, alleged perpetrator(s) and the child’s caretaker(s).
(i) In-person contact is not required when the Department has made a good faith attempt to contact the alleged victim, alleged perpetrator, and the child’s caretaker(s), but cannot locate them or they refused to cooperate with the investigation.
(ii) If the Department is denied access to the alleged victim, the Department shall request assistance from law enforcement or the county attorney to gain access.
(g) Initial in-person interviews:
(i) The alleged perpetrator shall not be present during the initial interview of the alleged victim.
(ii) During the initial in-person interview with the child’s custodial parent, legal guardian or legal custodian, the Department shall inform them in writing that:
(A) A complaint has been received and of their duty to investigate;
(B) The investigation may involve law enforcement or the court if needed to protect the child from further abuse/neglect.
(C) The name of the reporter cannot be disclosed unless required by the Court.
(h) During the initial interview of the alleged perpetrator, the Department shall inform the alleged perpetrator, in writing, that:
(i) A complaint has been received against them and the Department has the duty to investigate, and
(ii) The investigation may involve law enforcement or the court if needed to protect the child from any further abuse or neglect.
(i) A safety assessment shall be completed for each child and a safety plan initiated when appropriate.
(j) A risk assessment shall be completed for each child.
(k) The Department may take or obtain evidence pertaining to a report of abuse or neglect.
(l) Temporary protective custody:
(i) When a child has been taken into temporary protective custody by law enforcement or a physician or hospital medical staff and the District Office has been notified, the Department shall make reasonable efforts to notify the child’s parents, personal guardian, or legal custodian of the action. The Department may obtain a medical examination of the child and follow any recommended treatment;
(ii) The Department may request a temporary protective custody order be issued by the court as provided by statute.
(iii) When the Department has custody of a child, the Department may transport and place the child in a safe home or facility.
(m) The Department shall initiate a new intake of abuse or neglect discovered during the course of the investigation.
(n) If the Department determines the facts do not meet the criteria set forth in Chapter 2, Section 4 (c)(i)(ii)(iii), but do meet the criteria set forth in Chapter 2, Section 2 (i)(ii), then the Department may refer the report for assessment under Section 3 of this Chapter.
When law enforcement investigates alleged acts of abuse and/or neglect without the Department, upon notification the Department shall take the following actions:
(a) Upon completion of an investigation of abuse or neglect, the Department shall make a final determination in a written report as to whether a child was abused or neglected. This determination shall be based upon whether the information and evidence gathered during the investigation constitutes credible evidence of child abuse or neglect.
(b) Allegations must be determined to be substantiated or unsubstantiated:
(i) When credible evidence of abuse or neglect has been determined, the allegation is substantiated.
(ii) Department staff shall substantiate all reports where a court has accepted a criminal plea of guilty or nolo contendere or a civil, juvenile or criminal court has made a finding that the alleged perpetrator committed certain acts that constitute abuse or neglect under these rules.
(iii) In the absence of credible evidence of abuse or neglect, the allegations and the investigation shall be unsubstantiated and the investigation closed. Services may be offered pursuant to Chapter 2, Section 7.
(c) Notice of findings
(i) The Department shall inform reporters (as defined by W.S. 14-3-214) of suspected child abuse or neglect that an investigation was conducted and the allegations were substantiated or unsubstantiated.
(ii) The Department shall inform the child's custodial parent(s), legal guardian, guardian ad litem or legal custodian, the court judge (when child is in custody of the state) and alleged perpetrator(s) in writing of the conclusions of the investigation.
(iii) The Department shall make reasonable efforts to inform the non-custodial parent in writing if the investigation is substantiated and of any proposed action to be taken.
(iv) In substantiated cases the Department shall inform the alleged perpetrator in writing that:
(A) Their name has been entered on the Central Registry;
(B) They may respond in writing to the findings of the investigation and such statement will be included with the Central Registry report.
(C) They may request an administrative hearing pursuant to the Department's Contested Case Hearing Procedures.
(d) The findings will be documented in the Department's data system.
(a) The Department is responsible for providing child protective services to children and families. Services are provided in order to ensure safety, permanency, and well-being of children.
(b) Services may be offered at any time during the investigative or assessment tracks in accordance with the safety plan or the case plan. Service provision shall be based on keeping the child safe and lowering the level of risk.
(c) When the Department determines a report is substantiated, the parents or caretakers shall be offered services provided or arranged for by the Department. When the parents or caretakers are unwilling to accept services or when legal custody or guardianship through the Department is necessary to protect the child, the Department may seek court intervention.
(d) When the Department determines a report is unsubstantiated, services may be offered by the Department.
(e) When prevention services are deemed appropriate by the Department of Family Services, they may be provided if the family voluntarily accepts services.
(f) A written case plan shall be completed within sixty (60) days of out-of-home placement or thirty (30) days of the conclusion of the investigation or assessment, whichever occurs first, on all cases that remain open for services. A concurrent plan may also be developed. The case plan shall be based on:
(i) Safety assessment and plan;
(ii) Risk assessment;
(iii) Service needs of the child and family.
(g) The Department shall provide services consistent with the case plan.
Cases will be closed with supervisory approval and documented in the Department's data system, and written notice will be provided to the caretaker and any professional reporter. In substantiated cases, the Department may conduct a follow-up visit.
(a) Following a determination of substantiation, an alleged perpetrator of abuse and/or neglect who is aggrieved by said determination may request an administrative hearing.
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 are pending, the request for review shall be made within twenty (20) days from the court's final disposition or dismissal of the 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.
(b) An opportunity to discuss the issues and resolve the dispute shall be offered.
(c) If the dispute is resolved to the satisfaction of both parties, the person who requested the administrative hearing shall sign a statement withdrawing the request. If the dispute is not resolved, the matter shall proceed to hearing.
(d) 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 nolle contendre plea that the alleged perpetrator committed certain acts that the child protective act defines as abuse or neglect.