Wyo. Code R. 049-0029-3
Providers of Substitute Care Services, Certification of
Chapter 3: Certification Program
Effective Date: 09/11/1998 to 05/15/2013
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0029.3.09111998
STANDARDS FOR CERTIFICATION OF PROVIDERS OF SUBSTITUTE CARE SERVICES FOR CHILDREN CERTIFICATION OF PROGRAMS
Section 1. Certification/Recertification Procedures.
(a) The Department shall promulgate standards for services contained within these rules. (b) All programs covered by these rules shall request regular certification and recertification in accordance with these rules. (c) Interpretation of these rules is the responsibility of the Department. No other person, agency or organization shall make official interpretation of the licensing rules. (d) Each program desiring certification/recertification from the Department shall submit a request not less than thirty (30) days subsequent to the end of the current certification. (e) Upon receipt of a request for certification/recertification, the Department shall make or cause to be made a review of program documents that demonstrate compliance with the standards and make or cause to be made one or more on-site inspections of the program. Considering the information on hand and the result of the on-site inspection, the Department shall certify/recertify the program if: (i) The program meets the standards prepared by the Department for the particular area of services. (ii) The program complies with the applicable Federal, State and local laws and rules of the Department. (iii) No complaints have been filed against the program which have not been resolved as provided in these rules. (f) Each certificate is issued for the premises and persons or governmental units named in the certificate. (i) It is not transferable nor assignable. (ii) The provider shall notify the certifying authority in writing when the facility remodels, changes locations, changes name, changes director or closes.
Section 2. Issuance of Certificates.
(a) Certificates may be issued for six (6) months, one (1) year, or two (2) years depending upon compliance history.
(i) All new programs or facilities shall be issued a six (6) month provisional certification.
(A) Programs or facilities desiring certification shall submit a request for certification not less than thirty (30) days prior to the end of the provisional certification.
(B) Based upon review of the program and/or facility and the result of another on-site inspection, the certifying authority shall determine if a certificate may be issued.
(ii) The certifying authority may issue a provisional certificate if a substandard program or facility is attempting to meet the standards or comply with the rules and regulations.
(A) A provisional certificate is effective for a period of not more than six (6) months.
(B) A provisional certificate is nonrenewable.
(C) A full license shall be issued to replace a provisional license at any time full compliance is documented and/or monitoring is completed.
(b) A one (1) year certification shall be issued for all programs and facilities until a compliance history of two (2) years has been established.
(c) When a program or facility, with the exception of DFS foster homes, has established a compliance history free of all violations for two (2) consecutive years, a license for two (2) years will be issued.
(d) Programs or facilities desiring recertification shall submit a request for certification not less than thirty (30) days subsequent to the expiration date.
(a) At the time of the original application, a nonrefundable application fee of Fifty dollars ($50) shall be paid by all applicants.
(i) The applicant will be provided with an initial copy of certification standards with payment of this fee.
(ii) Copies requested beyond those provided initially will be assessed at Fifteen dollars ($15.00) per copy.
(b) Continuation fees, as follows, are nonrefundable and due upon the anniversary date of the original certification date for all facilities and/or programs.
(i) Child Placing Agency - Fifty dollars ($50). (ii) Child Placing Agency with Therapeutic Foster Care - Fifty dollars ($50). (iii) Shelter/Group Home or Crisis Center - One hundred dollars ($100). (iv) Residential Treatment Facility - One hundred fifty dollars ($150). (v) Detention Center - One hundred fifty dollars ($150). (vi) Maternity Home - One hundred dollars ($100). (vii) Adoption Agency - Fifty dollars ($50).
Section 4. Services.
(a) No program provider shall discontinue service under the certification without notifying the certifying authority within 30 days.
(b) When a provider discontinues operation, the certification shall be considered invalid and the certificate must be surrendered to the certifying authority within 30 days.
Section 5. Monitoring Programs.
(a) After a program has been certified, the Department shall monitor the program to assure its compliance with its certification and with all the applicable Federal, State and local laws, and the rules and standards of the Department.
(i) As an element of the monitoring process, the Department shall make on-site inspections and evaluations based on these rules.
(ii) The monitoring process may also include, but not be limited to the following:
(A) Examination of reports received from or about the provider. (B) On-site examinations. (C) Review of staff personnel files. (D) Review of client files.
(E) Discussions with the board or boards of county commissioners of the county or counties where the services are provided.
(F) Discussion with allied agencies.
(G) Public meetings.
(H) Any other pertinent sources of information concerning the provider and its services to include clients and other service consumers.
(a) The Department may investigate the program, on its own initiative or upon receipt of a complaint, against a provider of noncompliance with any applicable Federal, State or local laws, the Department contract with the program, any of the rules of the Department or the standards developed for the particular program area.
(b) If the Department determines that the program is not in substantial compliance with the applicable Federal, State or local laws, the rules of the Department, the standards developed for the particular program area, or the contract with the Department, it shall give the program's board president notice of noncompliance. The parties shall then proceed as provided in Section 7 of this chapter.
(a) Within thirty (30) days after receipt of the notice of noncompliance, the board president or appropriate person shall submit to the Department written data and a plan and schedule for achieving full compliance with respect to the matter not in compliance. The Department shall review, within thirty (30) days after receipt, the program's date, plan, and schedule and shall:
(i) Approve the proposed plan and schedule; or
(ii) Approve a plan and schedule as modified by the Department; or
(iii) Disapprove the plan and schedule and revoke or suspend the prior certification of the program pursuant to Section 8 of this chapter.
(b) When the Department approves a proposed or modified plan and schedule for achieving full compliance, the Department may grant provisional certification not to exceed six months.
The Department of Family Services may deny, revoke or suspend a certification upon proof of noncompliance or violation of any Federal, state or local law or the rules of the Department or the Department Standards developed for the particular program area. This includes noncompliance with health or fire inspections or W.S. 14-4-116.
(a) Reasons for Denial, Revocation or Suspension.
Reasons for the denial, revocation or suspension of certification include, but are not limited to:
(i) Consistently failing to maintain rules prescribed and published by the Department of Family Services;
(ii) Furnishing or making any misleading or false statement or report to a Department of Family Services employee;
(iii) Failing to provide, maintain, equip and keep in safe and sanitary condition premises established or used for residents care pursuant to certification rules prescribed by the Department;
(iv) Any staff being convicted of an act of child abuse, neglect or sexual offense or being the subject of a substantiated abuse or neglect investigation; or
(v) Failing to have completed all required training as specified by these rules.
(b) The following nondiscretionary reasons will result in notice of denial, revocation or suspension of a certificate whenever they are documented:
(i) Any staff being convicted of a crime against children, including a misdemeanor;
(ii) Any staff being convicted within the preceding five years of any felony classified as an offense against the person or family or of public indecency or of the Wyoming Controlled Substance Act (W.S. 35-7-1001 et. seq.);
(iii) Using alcohol or illegal drugs on the facility premises during the hours of operation;
(iv) Violating the same rule on three (3) occasions within a twelve-month period;
(v) Refusing to submit to the Department any reports or refusing to make available any records required by them in making an investigation of the facility or for licensing;
(vi) Failing or refusing to submit to an investigation or inspection or to admit authorized representatives of the Department at any time the facility is open for operation for the purpose of investigation, inspection or monitoring.
(c) Documentation.
Documentation that is necessary for the denial, revocation or suspension of certification includes at least one of the following:
(i) Inspection and/or investigation reports;
(ii) Protective services reports and/or police reports;
(iii) Arrest and/or conviction records;
(iv) Mental health, medical or treatment reports; or
(v) Department of Family Services field office files.
(d) Denial or Revocation.
(i) When a facility or program is to be denied or revoked, the provider or director must be notified in writing of the action being taken. This notification will be sent by the state Department of Family Services to the provider, director or board chair with a copy to the field office manager of the county where the provider is located and the Attorney General's representative.
(ii) A letter of revocation or denial will include the following:
(A) A statement of the laws, rules or regulations violated;
(B) Determination of what action will be taken;
(C) Notification that action being taken will be effective 30 days from receipt of the letter, unless licensee requests a fair hearing;
(D) Statement of authority for the revocation or denial;
(E) The right to seek representation by a lawyer, friend or relative. The Department of Family Services will not be responsible for any fees charged to the provider, director or owner; and
(F) The penalty for uncertified operation, as stated in W.S. 14-4-111.
(iii) A notice of the intent to revoke a license shall be sent to parents of children currently attending the facility and their social worker. A complete list of parents with mailing addresses shall be supplied to the Department of Family Services by the facility upon request.
(iv) Notice to parents shall include the following:
(A) Name of facility;
(B) Name of the provider or director;
(C) Action being taken, revocation of certification;
(D) Date the revocation will be effective; and
(E) Statement that a fair hearing has or has not been requested.
(F) Fair Hearing results if applicable.
(e) Suspension.
(i) During the course of an investigation, if it becomes apparent to the investigator that the health and safety or children's welfare are in imminent danger, then a summary suspension shall be requested. A summary suspension should be requested when the CPS worker or certifying authority has information that children are endangered in the continued operation of facility or home.
(ii) The decision to issue an Order of Summary Suspension shall be made by the Department of Family Services state office following the review of the investigative information including the recommendation of the investigator, CPS worker and/or certifying authority.
(iii) The program director or appropriate person shall be served with the order of suspension or of revocation of certification. The support of law enforcement agencies shall be included in the closure where there is a threat to the safety of the Department personnel.
(iv) The suspension order will be followed by a revocation notice as soon as possible after the closure to ensure that the certification is legally revoked and the operator’s legal rights are not violated.
Reapplication must include acceptable verification of how all pervious compliance issues have been addressed before application can be accepted.
If the Department revokes a program’s certification in accordance with this chapter, the Director or his/her designee shall terminate all state contracts with the provider.