Family Services, Dept. of

Central Registry for Child & Disabled Adult Protection

Chapter 3: Central Registry Checks

Effective Date: 08/08/1996 to 03/30/2000

Rule Type: Superceded Rules & Regulations

Reference Number: 049.0014.3.08081996

CHAPTER 3

Central Registry Checks

Section 1. Eligibility.

(a) Central Registry record checks concerning children and adults shall be conducted by the Department upon proper application.

(i) Child Abuse/Neglect: Record checks of the child abuse registry may be requested by the following: any chapter of a nationally recognized youth organization, a child caring facility certified under W.S. §14-4-101 (et seq.), a public or private school or any state institution. Record checks will be performed on volunteers and prospective employees and employees who may have unsupervised access to children, and who authorize the release of child abuse/neglect record information regarding them.* Current employees may be checked but screening is limited to volunteers and prospective employees. According to W.S. §14-3-214,

'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) Adult Abuse/ Neglect, Exploitation, or Abandonment: Record checks for abuse, neglect, exploitation and abandonment of disabled adults may be requested by the following: any individual, nursing home, adult care facility, service provider of adult workshop programs or home health care provider, residential programs or any service provider or program in an institution or community-based program, or to any state institution. Record checks will be performed for volunteers; and prospective employees and employees ~~and employees~~ who may have unsupervised access to ~~minors or~~ disabled adults and who authorize the release of abuse, neglect, exploitation and abandonment record information regarding them. Current employees may be checked but screening is limited to volunteers and prospective employees. According to W.S. §14-3-214,

'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.'

*see also Wyoming Statute § 7-19-201.

Section 2. Application.

(a) The Department shall receive and process all requests for Central Registry record checks which:

(ii) Are accompanied by an authorization of release of information, which must be signed by the volunteers, prospective employees or current employees and must contain the following information:

(A) Last, middle, and first names;

(B) Aliases and nicknames;

(C) Maiden name, prior married names;

(D) Social security number;

(E) Race;

(F) Sex;

(G) Date of birth;

(H) Current address;

(I) All addresses for the past ten (10) years, and

(iii) Include a pre-stamped, pre-addressed envelope

(b) Person being checked may voluntarily submit the names of the prospective or volunteer employee's children;

(c) Record checks will be completed within the time frames prescribed by policy.

Section 3. Payment for Service.

(a) The applicant shall include a check or money order, payable to the State of Wyoming, in the amount of $5.00 multiplied by the number of record checks requested. If the organization pays by check, it should use a check drawn on the organization's account.

(b) Arrangements must be made in advance with the Department if the employer or state agency wants to be billed or to perform a budget to budget transfer.

Section 4. Processing of Requests.

(a) The Department employee, i.e. the Central Registry Specialist, shall check for an individual's presence on the Central Registry using the information on the submitted authorization form. Accuracy will be determined by:

(i) A reasonable and factual basis that the name on the Central Registry and the one submitted for screening are one and the same and (ii) File review, or

(iii) Police records, or

(iv) court records, or

(v) Written statements from Department staff who can attest to the facts to ensure the accuracy of the information, or

(vi) Telephone contact with the subject of the application.

(b) If examination of the data submitted in the request and Department records indicates it is more likely than not that the person who is the subject of the request is an individual whose name is on the Registry, the Department shall report to the requesting agency that the individual is listed on the Registry. If it is more likely than not that the individual who is the subject of the request is not an individual whose name is on the Registry, the Department shall report to the applicant that the individual is not listed on the Registry. The State Office Consultant and the Field Office Manager or Designee will review case file information to determine if:

(i) Identifying information is correct;

(ii) There are any actions pending such as fair hearing, administrative review or court action;

(iii) Findings on the registry are supported by documentation in the file;

(iv) There is good cause for amendment as explained in Chapter 2, Section 4, Changing an Entry; and

(v) There is a voluntary statement.

(c) When the case file has been destroyed and other supportive documentation is not available through court records, or police records, or by Department staff affidavits, information provided to the applicant will indicate that the name did not appear on the Central Registry.

Section 5. Results of Record Checks.

(a) The Department will send a letter to the applicant, informing him of the search results.

(b) When the individual being checked is not found on the Central Registry, the applicant will be notified of the individual's nonappearance.

(c) When the individual being checked is named in a case which is listed as 'under investigation,' the Department shall notify the applicant that, according to Department records, the volunteer or prospective employee or employee is under investigation. The Department shall provide notification to the applicant of the final disposition of that investigation or any pending appeal.

(d) When the individual being checked is named on a substantiated complaint, the Department will notify the applicant that the individual was named as a perpetrator on a substantiated complaint. If the individual was mentioned on more than one substantiated complaint, all of the complaints will be listed. The following information about each substantiated complaint shall be released to the applicant:

1. (i) Date of finding,
2. (ii) Maltreatment type,
3. (iii) A copy of the perpetrator's voluntary statement, if submitted,
4. (iv) Any information of a pending appeal.

(e) If the perpetrator was a minor at the time of the incident, the Department will not reveal any information about the complaint. If the minor was tried as an adult in criminal court on charges arising from the same incident, information about the complaint may be released.