Wyo. Code R. 049-0014-1
Central Registry for Child & Disabled Adult Protection
Effective Date: 08/08/1996 to 03/30/2000
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0014.1.08081996
(a) 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.
(a) These rules are adopted to establish and maintain a central registry system to protect Wyoming children and disabled adults from maltreatment.
(a) 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.
(a) 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 ~~or an employee~~ who has or may have unsupervised access to minors. Current employees may be checked but screening is limited to volunteers and prospective employees. According to W.S. §14-3-214, (f)
a)
b) 'The applicant shall use the information received only for purposes of screening prospective employees and volunteers who may, through their employment or volunteer services, have unsupervised access to minors or disabled adults.'
(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~~ or an employee who has or may have unsupervised access to a disabled adult. Current employees may be checked but screening is limited to volunteers and prospective employees. According to W.S. §14-3-214, (f)
“The applicant shall use the information received only for purposes of screening prospective employees and volunteers who may, through their employment or volunteer services, have unsupervised access to minors or disabled adults.”
(i) “Central Registry of child maltreatment” 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 of disabled adult maltreatment” 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. Unsubstantiated reports, cases in which the perpetrator was a minor, and low risk child protection cases do not remain on the Registry. The Central Registry program will automatically delete these reports within ninety (90) days.
(i) Means any person under the age of majority.
(i) Is the process of examining the Wyoming Department of Family Services’ Central Registry to determine if an individual has been involved in an incident involving maltreatment of a child or disabled adult.
(i) 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.
(i) Means the State of Wyoming, Department of Family Services.
(i) 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) "Low risk"
(i) Means those cases where child abuse or neglect is alleged, but assessment reveals no indication of imminent harm to the child. 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:
(i) "Maltreatment"
(i) Is defined to include abuse, neglect, exploitation and abandonment, as further defined by Wyoming Statutes and Rules and Regulations Governing Child Protection Services.
(j) "Nationally recognized youth organization"
(i) 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. 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.
(k) "Perpetrator"
(i) Is defined as a person who has a substantiated case of child abuse/neglect or adult maltreatment.
(l) "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.
(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 for release of information must have been received by the Department within thirty days from the date of authorization.
(m) "Screening of Prospective Employees and Volunteers"
(i) 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 shall not be used to take any personnel action against a current employee.
(n) "Substantiated report"
(i) 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.
(o) "Unsubstantiated report"
(i) 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.
(p) "Volunteer"
(i) 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.
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. Current employees may be checked but screening is limited to volunteers and prospective employees. According to W.S. §14-3-214, (f)
“The applicant shall use the information received only for purposes of screening prospective employees and volunteers who may, through their employment or volunteer services, have unsupervised access to minors or disabled adults.”