Wyo. Code R. 049-0014-3
Central Registry for Child & Disabled Adult Protection
Chapter 3: Central Registry Screens
Effective Date: 04/25/2018 to Current
Rule Type: Current Rules & Regulations
Reference Number: 049.0014.3.04252018
(a) Names of individuals shall be registered on the Central Registry.
(b) Facilities may be named on the Central Registry due to institutional neglect, which may include, but is not limited to abusive staff and / or policy or environmental factors, which place children or vulnerable adults at risk.
(i) When a facility is substantiated upon for institutional neglect and is listed on the Central Registry, the facility shall be listed by the organization's legal name or entity in which the organization is licensed under. A facility's board members or directors shall not individually be listed on the Central Registry unless the board member or director has been substantiated upon for abuse or neglect as an individual.
(ii) When a facility is placed on the Central Registry, notice of findings and a client statement shall be provided to the appropriate person(s) who have administrative responsibility for the facility, including Board of Directors, owners, and acting director.
(c) If the perpetrator was a minor at the time of the incident, the Department shall not reveal any information about the substantiation. However, if the minor was tried as an adult in criminal court on charges arising from the same incident, information about the substantiation may be released in accordance with these rules.
(a) Central Registry screens concerning maltreatment shall be conducted by the Department upon proper application by a permissible applicant. The Department shall receive and process all requests for Central Registry screens which:
(i) Are in writing and legible; and
(ii) Are accompanied by the Department's Application for Child and Adult Abuse/Neglect Central Registry Screen form, which must be completely and accurately filled out and signed by the volunteer, prospective employee or current employee.
(b) Central Registry screens shall be completed within a reasonable amount of time of the receipt of the requests.
(a) The applicant shall include a check or money order, payable to the State of Wyoming, in the amount of $10.00, multiplied by the number of Central Registry screens requested. If payment is made by check, the check shall be drawn from the account of the applicant or person being screened.
(b) Arrangements shall be made in advance with the Department if the applicant wants to be billed or to perform a budget to budget transfer.
(a) The Department shall check for an individual's presence on the Central Registry using the information on the Department's Application for Child and Adult Abuse / Neglect Central Registry Screen form. If the individual's name appears in the Department's record system, the State Office Consultant and the Field Office Manager or Designee shall review case file information to determine if:
(i) Identifying information is correct;
(ii) There is a pending appeal;
(iii) Findings or reports on the Central Registry are supported by documentation in the file; and
(iv) There is a voluntary statement.
(b) Accuracy of the Central Registry information shall be determined by:
(i) A reasonable basis that the name on the Central Registry and the one submitted by the applicant are one and the same; and
(ii) File review;
(iii) Review of documents submitted to the Central Registry office;
(iv) Police records;
(v) Court records;
(vi) Written statements from Department staff who can attest to the facts to ensure the accuracy of the information; or
(vii) Telephone contact with the subject of the application.
(c) If examination of the data submitted by the applicant matches a name in the Department records, and the Department determines the name submitted by the applicant is listed on the Central Registry, the Department shall report to the applicant the individual is listed on the Central Registry.
(d) If examination of the data submitted by the applicant does not match a name in the department records, and the Department determines the name submitted by the applicant is not listed on the Central Registry, the Department shall report to the applicant the individual is not listed on the Central Registry.
(e) When the case file has been destroyed and other supportive documentation is not available through court records, police records, or by Department staff affidavits, information provided to the applicant shall indicate that the name did not appear on the Central Registry.
(a) The Department shall return a copy of the Department's Application for Child and Adult Abuse/Neglect Central Registry Screen form to the applicant, informing the applicant of the search results.
(b) The Department shall provide the results of the Central Registry screen to the applicant by certified mail if the screening confirms the existence of a report 'under investigation' or a 'substantiated' finding of maltreatment. Otherwise, the Department shall provide the results of the Central Registry screen to the applicant by United States mail, and, if the person being screened gives authorization, to the applicant by encrypted email.
(c) When the individual being screened is named on the Central Registry in a case which is listed as 'under investigation,' the Department shall notify the applicant that, according to Department records, the volunteer, prospective employee, or current employee is under investigation. The Department shall notify any applicant receiving information under this subsection of any subsequent reclassification and whether the individual is listed on the Central Registry.
(d) When the individual being screened appears on the Central Registry, the Department shall notify the applicant that the individual is identified as a substantiated perpetrator of maltreatment. If the individual is a substantiated perpetrator of maltreatment on more than one (1) substantiation, all of the substantiated allegations shall be listed. The following information about each substantiation shall be released to the applicant:
(iii) A copy of the perpetrator's voluntary statement, if submitted.
(e) If an individual being screened appears on the Central Registry, and the substantiation in which the person is listed has an administrative appeal pending, the Department shall notify the applicant of the individual's substantiation and pending administrative appeal. The Department shall notify any applicant receiving information under this subsection of any finding of the administrative appeal and whether the individual remains listed on the Central Registry as a result of that appeal.
(a) The Department may list, amend, expunge, or remove any record in the Central Registry if good cause is shown, which includes, but is not limited to:
(i) Discovery of a data error;
(ii) Uncovering of new evidence;
(iii) Changing of a finding due to administrative hearing or subsequent court appeals; or
(iv) Rehabilitation is demonstrated. Rehabilitation shall be determined by a professional panel appointed by the director or designee.
(b) The Department shall notify the perpetrator and applicant of any substantive reclassification, amendment, expungement, or removal of the information.
A substantiated perpetrator has a right to provide a written statement concerning the incident on a form provided to the perpetrator by the Department. The perpetrator may provide the statement at any time during the investigation, but not later than 20 calendar days following notice of the substantiated finding. A copy of the statement shall be forwarded to the Central Registry office. A copy of the perpetrator's statement shall be provided to the applicant with the results of the Central Registry screen.
All records concerning reports of investigations of maltreatment are confidential. All such information shall be confidentially maintained by all entities receiving and possessing Central Registry information.