Wyo. Code R. 049-0006-2
Child Protection - Children & Family Services
Chapter 2: Reports of Suspected Child Abuse or Neglect
Effective Date: 12/21/1992 to 08/01/2001
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0006.2.12211992
(a) Reports of suspected child abuse or neglect may be made to any field office of the Department or to any law enforcement center at any time.
(b) Persons mandated to report child abuse or neglect:
(i) Any person who knows of or has reasonable cause to believe or suspects that 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;
(ii) The privileged quality of communication between any professional person required to report and patient to client shall not constitute grounds for failure to report suspected child abuse/neglect. The Department Field Office Manager will forward to the Department Director any written and signed statement alleging that a mandated professional reporter failed to report abuse/ neglect. The Department Director will refer appropriate reports to the Attorney General and/or the relevant licensing board or appropriate person for consideration of appropriate action.
(iii) Professional reporters shall be requested to confirm any telephone or other oral report in writing to the field office.
(a) The referral is taken on Department intake form. The focus of the intake interview shall be obtaining as much information as possible that relates to harm or risk of harm for the child. Information should focus on the alleged maltreatment, each child in the home, the parents and family functioning.
(b) CPS intake process includes gathering sufficient information to enable the worker to:
(i) Identify and locate the child(ren) and the parent and/or caretaker;
(ii) Assess the seriousness of the situation and consider the urgency for response;
(iii) Check records to obtain pertinent information, including if the agency has been involved with the reported family or children; and
(iv) Determine if the case is appropriate for CPS response or other services, such as Information and Referral.
(v) The social worker receiving the report may make collateral contacts for purposes of assessing risk, 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.
Section 3. Central Registry Check. The field office shall promptly research the state central register for information on all reported cases.
Section 4. Special Reports. The field office will follow the chain of command to promptly inform the Region Manager of all such reports. These types of reports shall receive special attention:
(a) Reports alleging fatal abuse/neglect: The field office shall immediately contact the appropriate coroner, the local law enforcement agency, the county attorney and the Region Manager when there is reasonable cause to suspect that a child has died as a result of abuse or neglect. The Region Manager shall inform the Administrator of the Division of Youth Services. In addition to the investigation, all of these cases shall be reviewed by the Department Regional Fatality Review Team. The membership of the Fatality Review Team is at the Region Manager’s discretion. The findings of the Regional Review will be provided to the Administrator of the Division of Youth Services by the Region Manager.
(b) Reports alleging abuse/neglect of children in residential and group home facilities shall be made and received in the same manner as reports received for other children.
The Region Manager shall determine whether or not to designate a special investigatory team or individual, as well as to recommend appropriate action on future placements in that facility, center or home. The Region Manager will report allegations to the Administrator of the Division of Youth Services and Deputy Director of Field Operations. The Region Manager may appoint a special investigative team or individual; and the Region Manager shall instruct the Field Office Manager or designee regarding assignment of investigative staff. When sexual abuse is alleged, the investigation should be teamed with law enforcement. If the report is substantiated, Department licensing staff will be notified and will undertake a licensing certification evaluation within ten working days.
(c) When reports are received alleging abuse/neglect by any Department or law enforcement employee, the Region Manager shall notify the Deputy Director of Field Operations and the Administrator of the Division of Youth Services. The Administrator of the Division of Youth Services will determine whether to appoint a special investigative team or individual. If the complaint alleges abuse or neglect by Department staff, the investigation will be completed by law enforcement or staff from another region within the state.
(d) When reports are received alleging abuse/neglect in foster homes (they shall be made and received in the same manner as reports for other children), field office staff shall promptly inform the Region Manager of all such reports. Staff other than those who work with the foster home will be assigned to investigate. The protocol to be followed will be the same for conducting an investigation in the child’s own home. When sexual abuse is alleged, the investigation should be conducted by or teamed with law enforcement.
(i) Protecting the child(ren) who is in foster care is of primary importance. The decision to remove the child(ren) from a foster home is based upon risk of harm. When risk is determined to be moderate or high, the child is removed from the foster home. The child’s parents, the court and the guardian ad litem shall be informed of this emergency action as soon as possible. If risk is low, but it is determined that treatment of the child was abusive or not an isolated incident of inadequate supervision or care, consideration shall be given to the appropriateness of continuing the placement and if the foster home should be closed.
(ii) If the findings of the investigations are inconclusive, the Region Manager is consulted regarding continued use of the home.
(iii) The children may return to or remain in the home with close supervision and support of Department staff when:
(A) There is no risk of further harm to the child(ren) in the foster home;
(B) There is an established, positive relationship between the foster parent and the child(ren); and
(C) The foster parents express a willingness and ability to correct inappropriate practices.
(e) When reports are received alleging abuse/neglect in a child day care center/home (they shall be made and received in the same manner as reports for other children), field office staff shall promptly inform both the State Day Care Certification Consultant and the local Day Care Licensing Specialist of all such reports. The protocol to be followed will be the same for conducting an investigation in the child’s own home. When sexual abuse is alleged, the investigation should be teamed with law enforcement.
(i) If the report is substantiated, Department licensing staff, at the local and state level, will be notified of the results and will undertake a licensing certification evaluation.
(f) When reports are received alleging abuse/neglect in one of the Department’s institutions serving children, e.g., the Boys’ School, Girls’ School, Youth Treatment Center (they shall be made and received in the same manner as reports for other children), the Region Manager shall promptly inform the Deputy Director of Field Operations who will determine the need for a special investigative team. To insure objectivity and help prevent potential conflicts of interest, the team composition will include at least one member from law enforcement, a staff member from a private youth care provider and field operations. All reports of alleged abuse and neglect shall be forwarded to the office of the Attorney General with a report of investigative actions conducted by the Division of Field Operations.
(g) When reports are received alleging the withholding of needed medical treatment from handicapped infants (Baby Doe referrals), they shall be made and received in the same manner as reports for other children. Field office staff shall promptly inform the Region Manager. Investigations will be handled as expeditiously as possible utilizing the following protocol whenever possible:
(i) Social worker will interview the person who made the report to review concerns/ allegations.
(ii) Social worker will immediately telephone the designated hospital liaison to coordinate the investigation. If there is not a liaison or the liaison is not available, the social worker shall contact the hospital administrator.
(iii) Availability of information regarding the infant's status is determined through the hospital liaison. Interviews with the responsible physician and others involved in the treatment will be arranged as quickly as possible, if needed.
(iv) The social worker will obtain information regarding the diagnosis, prognosis and recommended treatment from appropriate medical personnel. Independent medical advice may be sought when exceptions to treatment exist.
(v) The parent will be interviewed to obtain relevant information including their treatment decisions and reasons for the decisions.
(vi) If it is determined that medically indicated treatment is being or will be withheld, the social worker shall attempt to resolve the situation by informally counseling with the parents. If medically indicated treatment is being withheld, the infant's condition requires an urgent response and the efforts to obtain consent for treatment have failed, the matter will be brought to the attention of the District Attorney for petition to the court.
(vii) The Division of Youth Services, when requested by the local field office, shall provide consultation, arrange for independent medical advice and assist with the investigation.
Section 5. Referral to County or District Attorney. The field office will immediately refer reports, including but not limited to the following types, to the appropriate county or district attorney for consideration of criminal investigation or other action:
(a) Reports regarding a child who may have died as a result of abuse or neglect;
(b) Reports in which the harm to the child suspected to be abused or neglected is severe, such as, but not limited to: multiple or spiral fractures, third degree burns, internal injuries and subdural hematoma;
(c) Situations necessitating the removal of the child from the home.