Wyo. Code R. 049-0029-14
Providers of Substitute Care Services, Certification of
Chapter 14: Adoption Agencies
Effective Date: 05/15/2013 to 11/08/2017
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0029.14.05152013
SUBSTITUTE CARE SERVICES FOR CHILDREN
ADOPTION AGENCIES
(a) All Adoption Agencies shall comply with all sections of this Chapter and the following Chapters and Sections in these Rules:
(i) Chapter 1: All;
(ii) Chapter 2: All; and
(iii) Chapter 3: Sections 1 through 3, 8 through 12, 22 (a) through (e), 32, and 35.
(a) Adoption is the method provided by state law, which establishes the legal relationship of parent and child between persons who are not so related by birth. This relationship can only be termed “adoption” after the legal process is completed.
(b) Adoption Agencies conducting business within the State of Wyoming shall have an office within the State of Wyoming and be certified as an Adoption Agency by the certifying authority.
The program shall have, at a minimum, an Administrator/Executive Director and sufficient professional staff to provide for all components of the agency’s adoption activities.
(a) The Administrator/Executive Director shall supervise the agency and conduct business from an office located in Wyoming.
(b) A staff member shall have a minimum of a bachelor’s degree in the human service field if he/she directly supervises non-degreed staff.
(a) Adoption Agency staff shall complete a twenty (20) hour orientation program, as described in Chapter 3, Section 11.
(b) Adoption Agency staff shall complete twenty (20) hours of annual training, as described in Chapter 3, Section 11.
The provisions of Chapter 3, Section 22(a) through (e) apply.
The Adoption Agency shall utilize policies and procedures to place children with families capable of providing quality care. The following safeguards shall be built into the program:
(a) As part of the approval and screening process, the Adoption Agency shall complete a home study.
(b) An abuse and/or neglect Wyoming Central Registry check and a central registry check from all other states he/she has lived in for past five (5) years, Division of Criminal Investigation (DCI) criminal history record prescreen, and a national criminal history record shall be completed.
(i) A person whose name appears on the Central Registry must not be approved for adoption;
(ii) If the person’s name appears on the DCI prescreen, he/she may be approved for adoption provided:
(A) The conviction is not a crime against a child or vulnerable adult;
(B) The Administrator/Executive Director determines rehabilitation has occurred; and
(I) The Administrator/Executive Director shall document such rehabilitation in the adoption file.
(iii) If the person’s name appears on the national criminal history record, he/she may be approved for adoption provided:
(A) The conviction is not a crime against a child or vulnerable adult; and
(B) The Administrator/Executive Director determines rehabilitation has occurred and shall document such rehabilitation in the adoption file.
(c) An adoptive parent shall possess the following characteristics:
(i) Ability to work cooperatively with the Adoption Agency, child, biological parent(s) and/or legal guardian(s);
(ii) Ability to work with community resources on behalf of the child to meet his/her educational, health, mental health and social needs; and
(iii) Awareness of the developmental stages of child(ren) and appropriate discipline.
(a) All Adoption Agencies must complete and keep on file the following home study process prior to approval:
(i) Conduct background checks on the prospective parents as set forth in Chapter 3, Section 10.
(ii) Check References. Five (5) positive references must be obtained for each prospective adoptive parent:
(A) Three (3) non-relative references from persons who have known the applicant for at least two (2) years, and have a general knowledge about the applicant’s ability to care for children.
(B) Two (2) relative references (e.g., parents, siblings) to assess family relationships and support the appropriateness of the applicant as an adoptive parent.
(iii) Review physician’s statement verifying prospective adoptive parent is physically, cognitively, and emotionally capable of providing care for the child(ren).
(iv) TB testing as set forth in Chapter 3, Section 12.
(v) A sufficient number of interviews shall be held with the prospective adoptive parent(s) to accomplish the following:
(A) Interview each prospective adoptive parent and household member separately (if age appropriate) to:
(I) Obtain necessary biographical information; and
(II) Assess each family member’s attitude with regard to adoption.
(B) Provide sufficient information to acquaint the family with the Adoption Agency and its philosophies and practices; and
(C) At least one (1) interview shall be conducted at the family home with all family members present to assess:
(I) Family functioning;
(II) How adopted children shall be included and integrated into the home; and
(III) For substance use, emotional or domestic violence.
(b) Health and Safety Inspection.
(i) The Adoption Agency shall develop procedures to inspect and monitor every adoptive home to ensure a safe and healthy environment for children.
(ii) The Adoption Agency shall perform a safety and health inspection of the home addressing all items listed below. Documentation of the inspection shall be placed in the adoption home or facility file. The provider may create its own checklist, provided all items are addressed.
(iii) The home shall meet the following physical specifications found in Section 8.
(c) Written Home Study.
(i) The written home study shall include documentation of all interviews and information gathered during home study process and shall also include:
(A) Date of interviews and home visits;
(B) Identifying information about all household members including relationship in the family;
(C) Motivation for adoption; (D) Social history and current functioning; (E) Family of origin, composition, birth order, parents' marriages, separations, other children of prior relationships; (F) Physical, mental health, substance use and domestic violence assessment for each family member living in the home; (G) Prospective adoptive parents' relationship; (H) Family relationships; (I) Parenting; (J) Employment and finances; (K) Religion, values and attitudes; and (L) Ages and type of children desired.
(a) The Adoption Agency shall conduct a health and safety inspection of the prospective adoptive home to ensure that the home meets the following health and safety requirements. Documentation of the inspection shall be placed in the adoptive home file.
(i) Tobacco, Alcohol and Other Controlled Substances.
(A) The adoptive parent shall prohibit the use of all forms of tobacco, alcohol and other controlled substances by children.
(B) If a child appears to be addicted to tobacco, alcohol and/or other controlled substances when entering the adoptive home, the foster parent(s) should make it known to the Adoption Agency, who shall investigate availability of treatment and offer the treatment to the adoptive child.
(C) All adoptive parents shall prohibit all use of illegal drugs by anyone on the premises, in any vehicle used by child(ren) and in the presence of child(ren).
(A) Domestic animals which reside in the home shall be current on all vaccinations as recommended by a licensed veterinarian. Verification of such vaccinations shall be present on the premises.
(B) When the pre-adoptive home has horses, cattle and any other livestock that are used with and by a child(ren), the following conditions apply:
(I) The animals must be under the care of a licensed veterinarian and how the animals are used must be conveyed to the veterinarian;
(II) The animals must be housed in appropriate enclosures; and
(C) All birds capable of carrying psittacosis shall be certified as being psittacosis free, tested or treated by a veterinarian to eliminate or prevent psittacosis or similar diseases.
(iii) Pest Control. Insect and rodent control measures shall be implemented as needed.
(iv) Bedrooms. The home shall have sufficient bedroom space to allow at least seventy-five (75) square feet for the first occupant of a bedroom, and fifty (50) square feet for each additional occupant.
(A) Windows in rooms designated as sleeping areas shall be adequate for emergency escape or rescue.
(B) There shall be no more than four (4) children to a bedroom.
(C) All children shall have an individual bed.
(D) Each child shall be assigned a bedroom which shall include, as a minimum, a bed, mattress, mattress cover, and pillow, supply of bed linen and space for the storage of personal items.
(v) Bathrooms. All adoptive homes shall have a bathroom and shower or bath tub facilities that are separated by a wall from the bedroom. There shall be at least one (1) toilet and one (1) sink per bathroom.
(A) All bathrooms shall have trash receptacles, hand towels, toilet tissue and hand cleanser at all times.
(B) Bathrooms shall be kept clean, sanitary, and maintained in good repair.
(C) Sinks shall be located in all bathrooms and shall be supplied with hot and cold running water.
(D) Sinks shall be located at a height between twenty-four (24) and thirty-six (36) inches high for children, or stools shall be provided.
(vi) Indoor Space and Equipment. Indoor space and equipment shall include but not be limited to:
(A) Porches, decks and stairs shall have sturdy railings.
(B) Open staircases shall have a child-safe gate if there are young children in the home;
(C) Safeguards must be taken to protect small children from accidental contact with fireplaces, space heaters and other hot surfaces. The adoptive parent shall ensure the safe disposal of ashes from coal or wood burning fireplace or stoves; and
(D) Unused electrical outlets shall have safety shields if there are young children placed in home.
(vii) Exterior Conditions.
(A) The overall condition of the buildings and grounds shall be maintained in a clean, uncluttered, sanitary and healthful manner;
(B) House numbers or addresses shall be plainly visible from the street;
(C) Home shall have at least two (2) exits; and
(D) Doors shall be operable from the inside without the use of a key or special effort.
(viii) Emergency Policy and Procedures.
(A) Smoke detectors. Underwriters Laboratory approved smoke detectors shall be installed on all floors of the home and centrally located in the hall or area giving access to each sleeping area;
(B) A working fire extinguisher must be available in the home.
(C) Every home shall have a carbon monoxide detector following manufacturer's recommendations for placement;
(D) Fire exists shall be free of obstructions and accessible at all times; and
(E) Emergency Situations.
(I) Each adoptive home shall have a written plan for action in case of emergencies (e.g., fire), natural disaster (e.g., earthquakes, floods, tornadoes, and severe weather), and missing child(ren);
(II) All household members must be familiar with the escape plan in the event of a fire.
(ix) Storage of Chemicals, Cleaning Solvents, Flammable and Combustible Materials, Poisons, Toxins.
(A) All poisonous and toxic materials shall be stored in a safe location that is inaccessible to children; and
(B) Combustible and flammable materials and liquids shall be stored outside of main living areas, and shall not create a fire hazard.
(x) There must be an operable phone available in the home.
(xi) The adoptive parent(s) shall ensure that first aid kits are readily available and accessible in the home.
(xii) Weapons/Firearms. A weapon is any firearm, explosive or incendiary material, or other device, instrument, material or substance, which in the manner it is ordinarily used, or is ordinarily intended to be used, is reasonably capable of producing death or serious bodily injury.
(A) In adoptive homes, firearms and ammunition shall be stored and locked separately from each other in an area that is inaccessible to children;
(B) Archery equipment and any other type of weapon shall be handled in the same manner as firearms; and
(C) No explosives of any type shall be allowed on the premises.
(a) Approval/disapproval of adoptive homes is the responsibility of the Administrator/Executive Director, including a recommendation for the number, age, and sex of children for which the home is approved.
(b) The home study with the agency Administrator/ Executive Director's approval shall be maintained in the adoptive home file.
(c) Careful consideration shall be given to all information gathered throughout the application and home study process.
(d) Active adoptive homes (awaiting child placement) shall be reviewed and updated on an annual basis, or earlier if a significant change occurs.
(e) Children shall not be placed in unapproved homes.
(f) All adoptive home placements shall be made in compliance with W.S. §§ 1-22-101 through 1-22-117. ( http://legisweb.state.wy.us/statutes/statutes.aspx?file=titles/Title1/T1CH22.htm, 2012).
(g) When children are placed across state lines for adoption, the placements shall be made in accordance with the Interstate Compact on the Placement of Children.
(h) International adoptions shall be made in compliance with the rules and guidelines of the U.S. Citizenship & Immigration Service (USCIS).
(i) Adoptive applications and home studies shall be updated before additional placements are made.
(a) The Adoption Agency shall have a written agreement with the adoptive parents prior to finalization of adoption. This agreement shall specify the Adoption Agency's rights prior to finalizing the adoption and shall include:
(i) The financial agreement between the agency and the adoptive home, including the amount due for services rendered and when fees are payable;
(ii) The Adoption Agency's right to remove a child(ren) or recommend the removal of the child from the pre-adoptive home with the custodial agency's approval;
(iii) The child(ren) shall be released from the pre-adoptive home only with the consent of the custodial agency's approval;
(iv) Visitation by the child(ren)'s birth parents or birth relatives shall be arranged through the agency;
(v) The Adoption Agency's responsibility for regular supervision of the adoptive home; and
(vi) The adoptive parent(s) shall notify the Adoption Agency whenever he/she wish to take a child(ren) out of the state prior to finalization of the adoption.
(b) Both the Adoption Agency and the adoptive parent(s) shall sign the agreement. One (1) copy of the agreement shall be filed in the adoptive home record, one (1) copy shall be given to the adoptive parents, and one (1) copy shall be retained by the Adoption Agency.
Prior to finalization of an adoption, monthly supervisory visits shall be made to each adoptive home in which children are placed. These visits shall be recorded in the adoptive home record.
(a) Services to be provided to birth parents shall include pre-relinquishment and post-relinquishment services.
(b) Individualized case services shall be tailored to the needs of the birth parent(s).
(c) Voluntary relinquishments shall be accepted from the biological mother, putative father and/or the legal father of the child(ren) by the Adoption Agency in accordance with W.S. § 1-22-109. (http://legisweb.state.wy.us/statutes/statutes.aspx?file=titles/Title1/T1CH22AR1.htm, 2012).
(d) Post relinquishment support and counseling shall be available to birth parents as needed.
(a) Pre-placement and post-placement services, including, but not limited to the home study process, shall be designed to educate and prepare the family for the type of adoption they intend to pursue.
(b) Training shall be available to all adoptive families and may include the following topics:
(a) A foster-adopt home shall be developed specifically with the idea of possible adoption as the outcome of placing foster children.
(b) The foster-adopt home shall comply with all foster care regulations found in Chapter 5 of these rules. However, the training hour requirements listed in Chapter 5, Section 6 may be comprised of the topics listed in Section 13 of this Chapter.
(c) If an Adoption Agency utilizes foster care in the course of providing adoptive services, the agency shall be dually certified as an Adoption Agency and Child Placing Agency.
(a) All international adoptions must be made in compliance with the rules and guidelines of the U.S. Citizenship & Immigration Service (USCIS), formerly the United States Immigration and Naturalization Service.
(b) The international Adoption Agency responsible for placing the child with the adoptive family shall document the following:
(i) An English language translation of all written contracts or agreements between foreign governments or entities and adoptive parents shall be placed in the adoptive family’s file and be available for review by the certifying authority.
(ii) All agreements entered into with adoptive parents shall conform to:
(A) The legal requirements of the foreign country involved;
(B) The laws and regulations of the United States; and
(C) The laws of the State of Wyoming and all other states involved in the adoption.
(c) International Adoption Agencies conducting business within the State of Wyoming shall have an office within the State of Wyoming and be certified as an Adoption Agency by the certifying authority.
(d) Adoption Agencies providing international services shall develop, adopt, follow and maintain on file written policies and procedures governing all aspects of services offered and practices followed.
(e) Services shall include, but not be limited to:
(i) Performance of all activities required for a domestic adoption;
(ii) Post placement supervision and reports pertaining to the adoptive family shall be provided to the appropriate agency in accordance with the requirements of the country from which the child was adopted; and
(iii) A Wyoming Adoption Agency working with an out-of-state family shall maintain an adoptive family file that contains all documentation required for a domestic adoption (e.g., family assessment, reference letters, and records check).
(a) Adoptive home records shall include the same information for each parent as is maintained for staff, as set forth in Chapter 3, Section 35(c).
(b) Prior to finalization, files on all adoptive families and children shall be maintained in a confidential manner in a locked, fireproof safe or file.
(c) Final adoption records shall be sealed and opened only according to Wyoming statute 1-22-104.
(http://legisweb.state.wy.us/statutes/statutes.aspx?file=titles/Title1/T1CH22AR1.htm, 2012).
(d) Final adoption records shall be retained indefinitely in a locked, fireproof file or safe.