Wyo. Code R. 049-0029-5
Providers of Substitute Care Services, Certification of
Chapter 5: General Standards
Effective Date: 07/10/1990 to 09/11/1998
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0029.5.07101990
Section 1. Children Is Rights. In all substitute care placement settings, children is rights include, but are not limited to, the following:
(a) The provider shall allow privacy for each child when not contrary to the treatment plan. Each child shall have access to a quiet, private area where he can withdraw from the group when appropriate;
(b) Contacts between the child and his family shall be allowed while the child is in care unless the rights of the parents have been terminated by court order or family contact is not in the child's best interest, and the reason for limiting contact is recorded in the child's case plan and supported by the Court. The frequency of contact shall be based on the needs of the child, and shall be determined with the participation of his family or legally responsible party and provider. Any limitations shall be documented.
(i) Children shall be allowed to send and receive mail and conduct telephone conversations with family members or legally responsible party unless the best interests of the child (documented in the child's record) or a court order requires restrictions.
(ii) When contact with the family is requested by either the child or his family and the provider determines contact is not in the child's best interest, the restrictions on communication shall be determined by a psychiatrist, licensed psychologist, social worker or program director. Reasons for the restrictions shall be documented.
(iii) if limits are put on communications or visits for practical reasons (such as expense), the limits shall be determined with the child and his family. These limits shall be documented.
(c) The provider shall allow visits, gifts, mail and telephone calls between the child and his family or legally responsible party unless prohibited by court order or when documented in the case record that contact would not be in the best interest of the child.
(d) A child shall be allowed to bring personal possessions to the care setting and to acquire personal possessions.
When limits are put on the kind of possessions a child may or may not receive, these shall be discussed with the child and his parents or legally responsible party.
(e) The provider shall not place a child in a position of having to acknowledge
his dependency, delinquency or neglect.
(f) The provider shall not require a child to make public statements to acknowledge gratitude to the provider.
(g) Children in care shall not be required to perform at public gatherings.
(h) Pictures, reports or identification that humiliate, exploit or invade the privacy of a child or his family or legally responsible party shall not be made public. The provider shall not use reports or pictures from which children can be identified without written consent from the child and the parents or legally responsible party.
(i) There shall be no discrimination by the provider based on race, sex, religion, ethnic origin or handicap.
(j) Children's opinions and recommendations shall be considered in the development and evaluation of group and residential care programs and activities. The procedure for thfs shall be documented. A copy of the procedure shall be available for review by the certifying authority.
(k) The provider is rules in facilities caring for six or more children shall either be posted to enable the children to be familiar with them throughout their stay in the care setting or documentation in each child's records that they are familiar with the rules and have signed a statement to that effect.
(l) The provider shall have written policies for the discipline of children in care. Copies of the policies shall be provided to staff and the children.
(i) only adult providers with direct child care or supervisory responsibility shall discipline children.
(ii) Children shall not be subjected to cruel, harsh, unusual or unnecessary punishment.
(iii) A record shall be kept in facilities of the imposition of discipline and/or restrictions that exceed 24 hours.
(iv) Children shall not be subjected to verbal remarks that belittle or ridicule them or their families.
(v) Children shall not be denied food, mail or visits with their families as punishment.
(vi) No form of discipline, control or punishment shall be administered to children that violates state laws that protect children from abuse and neglect.
(vii) Children in care shall not be punished by shaking, striking or spanking.
(m) Physical holding as a form of restraint shall be used only to protect the child from injury to self or others or to prevent the child from destruction of property. The use of physical holding and the length of time used shall be recorded in the child's record when occurring in a facility. Mechanical restraint shall not be used.
(n) Children residing in facilities shall not act as or be employed as staff or be allowed authority over other residents.
(i) Children shall be allowed to earn money by doing odd jobs at the facility. This shall be documented in
the treatment plan.
(o) Facilities shall have written policies and procedures governing the use and supervision of the administration of medication to children. These policies and procedures shall be disseminated to all child-care staff. These policies shall include non-prescription drugs and vitamins. Prescription medication shall only be administered under a physician's order.
(i) Facilities shall have a written medication schedule for each child for whom medication is prescribed and shall maintain a cumulative record of all medication dispensed to children, a copy of which shall be placed in the child's case record.
(ii) Psychotropic medications shall be administered only as a component of a comprehensive treatment plan. If psychotropic medications are used, the facility must have a written policy governing the use of such drugs that shall include the following:
(A) Criteria for the use and review of psychotropic medications as a part of the individual treatment plan;
(B) Procedures for obtaining informed consent from the child and the parents or guardian where consent is required;
(C) Procedures for monitoring and reviewing use of psychotropic medication;
(D) Procedures for reporting the suspected presence of undesirable side effects;
(E) If a parent or guardian revokes consent for the use of medication, the provider shall immediately file a statement describing the circumstances under which consent has been revoked. This statement shall be provided to all child care staff. If consent has been revoked by refusal of medication, the statement shall be signed by two
staff members who personally witnessed refusal. If the revocation or refusal involves prescriptive medication, the physician shall be notified.
(F) A provider who has children in care who are to receive psychotropic medications shall ensure that the children are personally examined by the prescribing physician prior to commencing use of the psychotropic drug.
(G) Facilities who have children in care who are receiving psychotropic medications must maintain the following information in the case record of each child receiving the medication:
(1) Medication history;
(II) Documentation of all less restrictive alternatives either used or diagnostically eliminated prior to use of this medication since entry into the facility;
(III) Description of any significant changes in the child's appearance or behavior that may be related to the use of medication;
(IV) Any medication errors;
(V) Monitoring reports.
(p) Family planning services may be provided when requested to enable adolescents to determine the number of children or spacing of children through the postponement or prevention of conception. Family planning services include the provision of information concerning medical care and contraceptives. Family planning services are voluntary. Adolescents have a right to accept or reject services. These services are available regardless of sex, marital status, parenthood and religious affiliation or personal belief of any employee of the facility. A minor of child bearing age is entitled to family planning services without parental consent.
(i) The facility shall have a written policy concerning family planning services.
(ii) A copy of the policy shall be made available to each resident of the facility at the time of admission.
(q) Child protective services case files are confidential by law. Only those individuals and agencies specified in the Child Protective Services Act may have access to these files, and then only for purposes directly related to the administration of the Child Protective Services Act.
(a) The facility will comply with the regulations of the state or local fire safety authority, whichever has primary jurisdiction over the facility.
Local or State fire codes must be strictly adhered to in order to ensure the safety and well-being of the juveniles. Reports of periodic inspections and action taken with respect to these reports must be available to the certification unit within the Department of Family Services.
W Prior to construction of a new facility, there shall be a plan review completed by the State fire marshal or other local fire authority.
(i) After a plan review has been completed, a certificate of occupancy shall be issued.
(ii) After the construction is completed and a certificate of occupancy has been issued, a fire inspection shall be completed, if required.
(c) Prior to the purchase or leasing of an existing structure, a fire inspection shall be completed.
(d) Written policy and procedures shall specify facility fire prevention regulations and practices to ensure the safety of staff, clients and visitors. These include, but are not limited to:
M Provision for an adequate fire protection service;
(ii) An annual inspection if required by local or State fire officials or other qualified person(s);
(iii) Availability of fire protection equipment at appropriate locations throughout the facility.
(e) The facility has written fire and other emergency plans that are communicated to all employees and juveniles and are reviewed and updated at least annually.
For their own safety, juveniles and employees need to know what to do in the event of an emergency. Therefore,
each employee and juvenile in the facility should be aware of the emergency plan, and there should be evidence of an annual review of the plan. The plan should cover such emergencies and disasters as fire, severe weather and missing persons.
(f) Written emergency plans are disseminated to appropriate local authorities. Directions to and the location of exits, fire extinguishers, first aid equipment and other emergency equipment shall be posted in the facility.
Dissemination of these plans to local authorities, such as law enforcement, fire department, State police, civil defense, etc., will keep them apprised of their roles in the event of an emergency. The emergency plans should be posted so that they are conspicuous and readily available to both clients and employees to assist them in an emergency, yet attached so as to prevent removal. The emergency plan should include directions to and the location of exits, fire extinguishers, first aid equipment and other emergency equipment or supplies.
(9) All facility personnel shall be trained in the implementation of written emergency plans.
Since the staff must be able to properly execute the plans, a review of the emergency plans should be an essential element of personnel orientation and in-service training.
(h) The facility shall conduct quarterly emergency evacuation drills under varied conditions and during hours when a majority of juveniles are present in the facility. Emergency drills should be documented and evaluated as to their effectiveness.
(i) Firearms in foster homes and facilities shall be kept unloaded in a locked storage area. Ammunition shall be stored in a locked area separate from the firearms.