Wyo. Code R. 049-0013-1
Court-Ordered Placements of Children
Chapter 1: Authority and Reasons for Rules
Effective Date: 11/13/1989 to Current
Rule Type: Current Rules & Regulations
Reference Number: 049.0013.1.11131989
(a) These rules and regulations are promulgated under W.S. 9-2-106(a)(vii), which requires the director to promulgate reasonable rules and regulations, after consultation with the departmental advisory council, in compliance with the Wyoming Administrative Procedures Act, for the implementation of all state and federal public health, welfare, rehabilitation and mental health laws.
(b) W.S. 21-13-315 requires the Division of Public Assistance and Social Services to promulgate reasonable rules and regulations to provide for the court-ordered placement of children in private residential treatment facilities and group homes.
(c) Pursuant to these mandates, the following rules and regulations of the Division of Public Assistance and Social Services are hereby promulgated.
(a) The certification, recertification and payment of the costs of treatment, care and maintenance, but not education, for children age six to 19 who are placed in a private residential treatment facility or group home by a juvenile court;
(b) The periodic review of those court-ordered placements;
(c) Wyoming children currently placed in a facility pursuant to a court order, and to such placements ordered by a Wyoming juvenile court after July 1, 1985; and
(d) Group home placements effective July 1, 1986.
Section 4. Severability. If any provision of these rules is declared unconstitutional, the remaining provisions shall not be affected by the declaration.
Section 5. Rule Changes. Any amendments to these rules shall become effective in accordance with the Wyoming Administrative Procedures Act, W.S. 16-3-101 through 16-3-115.
Section 6. Confidentiality. Confidentiality of records shall be maintained in accordance with W.S. 42-1-116 and W.S. 14-3-214.
Section 7. Statement of Purpose. These rules have been adopted to provide uniform procedures for the placement of children in private group homes and residential treatment facilities.
(a) “Administrator” means the person appointed by the Governor pursuant to W.S. 9-3-104 to administer the Division of Public Assistance and Social Services of the Department of Health and Social Services.
(b) “Boards of Cooperative Educational Services Schools (BOCES)” are residential schools that provide educational services including but not limited to vocational-technical education, adult education and services for exceptional children, in accordance with the Boards of Cooperative Educational Services Act.
(c) “Central office” refers to the central administrative office in Cheyenne of the Division of Public Assistance and Social Services.
(d) “Comparable costs” are those costs that the Division of Public Assistance and Social Services has determined fit the standard costs for service in either a group home or residential treatment facility.
(e) “Crisis services” means a program that:
(i) Provides services for a period of 30 days or less;
(ii) May or may not have a court order for each client; and
(iii) Does not exceed serving 10 children per facility.
Crisis services do not include group home services.
(f) “Division” refers to the Division of Public Assistance and Social Services of the Department of Health and Social Services.
(g) “Field office” refers to the local offices across the state of the Division of Public Assistance and Social Services.
(h) “Group home” means a program that:
(i) Provides services for a period longer than 30 days;
(ii) Has a court order for each client served; and
(iii) Does not exceed serving 10 children per facility.
Group home services do not include crisis services.
(i) “Psychiatric hospital” means services of a licensed acute and/or chronic care hospital providing inpatient psychiatric care to voluntarily or involuntarily committed patients. Psychiatric hospitals do not include residential treatment facilities.
(j) “Residential schools” are 24-hour facilities that provide residential education and services primarily for delinquent youth.
(k) “Residential treatment facility” means a program that:
Residential treatment facilities do not include psychiatric hospitals and residential schools and Boards of Cooperative Educational Services Schools (BOCES).
(l) “Specialized services” are additional supervisory, treatment, job training or other services required for a particular child, which are not included in the standard costs for services. Specialized services must be approved by the central office.
(m) “Standard costs for services” are determined by the Division based on a review of comparable costs of similar services by group homes/residential treatment facilities. Costs for services are:
(v) Children’s earnings or allowance.
(vi) Recreation. This would include activity charges and costs of activities for groups. It would not include purchase of equipment.
(vii) Supplies. These include household supplies, personal hygiene items (i.e., soaps, shampoos) and school supplies.
(viii) Office expenses. These include all office supplies (i.e., paper, pens, postage, etc.), printing costs, photocopying, telephone.
(ix) Utilities. These include gas and electricity for heating and lighting, water, sewerage, cable television and garbage services.
(x) Insurance. This includes liability and fire insurance for the facility and auto insurance on vehicles.
(xi) Building repair and maintenance; any normal maintenance and repair.
(xii) Treatment costs. This includes activities associated with a formal treatment program, as well as coordination of community resources (i.e., counseling services).
(xiii) Rent. Rent means a rental expense at “usual and customary” levels in the community.
(xiv) Administrative costs. They are all reasonable costs that directly relate to administration of the shelter program (i.e., audit costs). Items that are included in office expenses can not be included under administrative costs.
The standards will also take into account the Division’s ability to pay for services. These standards will be promulgated on a yearly or more frequent basis and will be distributed to interested parties upon their written request.