Wyo. Code R. 049-0014-1
Central Registry for Child & Disabled Adult Protection
Effective Date: 03/30/2000 to 03/03/2006
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0014.1.03302000
Section 1. Authority. These rules of the Department of Family Services regarding the Central Registry of Child and Disabled Adult Protection cases are promulgated pursuant to W.S. §14-3-213 through W.S. §14-3-214 and W.S. §35-20-103.
Section 2. Purpose. These rules are adopted to establish and maintain a central registry system to protect Wyoming children and disabled adults from maltreatment.
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. Statutory Changes. Whenever these rules refer to Wyoming statutes and those statutes are renumbered or amended, these rules shall be interpreted to reflect such changes.
(i) 'Applicant for child protection screens' is an organization or employer who applies to have a child abuse/neglect record check performed on a volunteer, a prospective employee or an employee who has or may have unsupervised access to minors, according to W.S. §14-3-214.
(ii) 'Applicant for disabled adult protection screens' is any individual who applies for a record check performed on a volunteer, a prospective employee or an employee who has or may have unsupervised access to a disabled adult, according to W.S. §14-3-214.
(i) 'Central Registry for child maltreatment screens' means a statewide electronic record of persons who have been the subject of a substantiated maltreatment complaint or for whom a complaint is under investigation. The record contains the findings of the child protection investigation.
(ii) 'Central Registry for disabled adult maltreatment screens' means a statewide electronic record of persons whom the Department has substantiated as being responsible for the maltreatment of a disabled adult or for whom a complaint is under investigation.
The Central Registry is not a list of court adjudications. Substantiated findings are based upon a 'credible evidence' standard. Unfounded reports, cases in which the perpetrator was a minor, and low risk child protection cases do not remain on the Registry.
(d) 'Central Registry Check' is the process of examining the Wyoming Department of Family Services' computer system to determine if an individual has been involved in an incident involving maltreatment of a child or disabled adult and is listed as being on the Central Registry.
(e) 'Credible evidence' is evidence which, when viewed in light of surrounding circumstances, would cause a reasonable person to believe that a child or disabled adult is being, or had been, maltreated. Determination of maltreatment may hinge upon the degree of risk at which the child's or disabled adult's well-being was placed, the type and severity of injury and whether the traumatic event was an isolated incident or part of a pattern of abuse or neglect.
(f) "Department" means the State of Wyoming, Department of Family Services, also known as DFS.
(g) "Disabled adult" means any person eighteen (18) years of age or older who is unable unassisted to properly manage and take care of himself or his property as a result of the infirmities of advanced age, physical or mental disability, or the use of alcohol or controlled substances.
(h) "Division of Criminal Investigation" is a Division of the Office of the Attorney General. This division maintains all criminal records for the State of Wyoming and provides criminal histories for agencies or individuals who are in possession of fingerprint identification of the person being checked.
(i) "Division of Criminal Investigation prescreen" is a process of examining, with limited availability, DCI's Criminal History Records to determine if there is sufficient evidence to recommend a review of the applicant's criminal history record.
(j) "Low risk" means those cases where child abuse or neglect is alleged, but investigation reveals no indication of imminent harm to the child. There have been no previous substantiated reports involving the alleged perpetrator. Cases assessed at low risk may not require services beyond casework counseling, information and referral. When assessing a complaint, numerous factors are taken into consideration to include but not limited to:
(k) "Maltreatment" is defined to include abuse, neglect, exploitation and abandonment, as further defined by Wyoming Statutes and Rules and Regulations governing Child Protection Services.
(l) "Nationally recognized youth organization" means an organization whose main focus is to serve youth, and who is recognized, or known, in more than one state. The organization's purposes for requesting volunteer, prospective employee or current employee Central Registry record checks must be consistent with the legislative intent of protecting children or disabled adults. Additionally, the requesting organization shall be registered with the Better Business Bureau, the National Chamber of Commerce or the National Council of Charities, and non-profit corporations shall be registered with the Wyoming Secretary of State.
(m) "Perpetrator" is defined as a person who has a substantiated case of child abuse/neglect or adult maltreatment within the rules and policies of DFS.
(n) "Prospective employee"
(i) Means someone who has not started working for an employer. A job offer may have been proposed, and even accepted, but until the individual starts working, employment has not commenced.
(ii) A probationary employee may be considered to be a prospective employee if an authorization of release of information was executed prior to actual employment (work done for employer), and the probation is expressly tied to a resolution of the maltreatment screening process. The authorization of release of information must have been sent to the Department within thirty days from the date of authorization.
(o) "Screening of Prospective Employees and Volunteers" is the applicant's ability to use central registry information in determining whether to hire a prospective employee or volunteer or dismiss a current volunteer. This information may not be used to take any personnel action against a current employee.
(p) "Substantiated report" means any report of maltreatment, made to the Department, for which it is determined, after an investigation, that credible evidence of maltreatment of a child or disabled adult exists.
(q) "Unsubstantiated report" means any report of maltreatment, made to the Department, for which it is determined, after an investigation, that no credible evidence of the alleged maltreatment exists.
(r) "Volunteer" means a person who performs a service for an organization, and who does not receive compensation for that service. "Volunteer," as used in these rules and regulations, includes both prospective and current volunteers.
(s) "WYCAPS" - Wyoming Child Abuse and Protection System is the DFS computer system for case management and Central Registry.
Section 6. Introduction.
The Department is responsible for providing child and adult protective services to children and families. The Department will create, maintain and use the Central Registry to aid in fulfilling that responsibility.
Section 7. Goals.
The creation and maintenance of the Central Registry is directed toward the following four goals:
(a) Identification of prior substantiated reports for use in the evaluations of current reports; (b) Monitoring the current status of all pending cases; (c) Collection of statistical information for use in public education and evaluation of program effectiveness. (d) Performance of Central Registry record checks for employment purposes, on volunteers, prospective or current employees who may have unsupervised access to children and disabled adults, according to W.S. § 14-3-214 (f).