Wyo. Code R. 049-0029-5
Providers of Substitute Care Services, Certification of
Chapter 5: General Standards
Effective Date: 09/11/1998 to 05/15/2013
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0029.5.09111998
STANDARDS FOR CERTIFICATION OF PROVIDERS OF SUBSTITUTE CARE SERVICES FOR CHILDREN GENERAL STANDARDS
Section 1. Board of Directors.
The provider's program shall be carried out under the governing body of its board of directors, or managing members.
(a) The agency shall have a governing body responsible for establishing its policies, determining its programs, guiding its development and providing its leadership.
(b) The agency provides evidence of ethical conduct in operating its program of services as follows:
(i) Its governing body, voluntary board, staff and consultants, as stated in written agency policy, are not favored in applying for or receiving the services of the agency;
(ii) Written agency policy prohibits the receipt of any payment or other consideration from another provider of services for the referral of any applicant or client;
(iii) Written agency policy prohibits the receipt of any direct payment or other consideration to any service provider organization;
(iv) The directed referral (steering) of its applicants, clients and their families to any private practice in which its staff or consultants may be engaged is prohibited by written agency policy;
(v) It maintains a record of the ownership of all its properties and of all financial transactions it enters into with respect to such properties;
(vi) Staff and consultants of a voluntary or public agency have no direct or indirect financial interest in the assets, leases, business transactions or professional services of the agency and are restrained from doing so by written conflict of interest policies;
(vii) The members of the governing body of a voluntary agency have no direct or indirect financial interest in the assets or leases of the agency.
(A) Any member who individually or as a part of a business or professional firm is involved in the business transactions or current professional services of the agency shall disclose this relationship and shall not participate in any vote taken in respect to such transactions or services;
(B) Written conflict of interest policies shall cover these issues.
(c) The Board responsibility shall include the following:
(i) The agency must maintain written legal and fiscal policies and procedures that assure protection, care and treatment of the client;
(ii) Ensure that no client shall, on the basis of race, creed, color or national origin, be excluded from participation in, be denied benefits of, or be subjected to discrimination in receipt of services by the agency; and further, to provide services in compliance with Title VI of the Civil Rights Act of 1964 and Wyoming statutes prohibiting discrimination;
(iii) Ensure that all clients are informed of their rights under W.S. 35-1-625 and that the program has written policies in compliance with the standards that describe the rights of clients and the means by which these rights are protected and exercised;
(iv) To determine the purpose and function of the agency;
(v) To formulate policies and a program that can best meet the needs of the children and parents for whom it has undertaken to provide service;
(vi) To ensure availability of the funds, resources, and equipment required to carry out the agency’s purpose and to interpret financial needs;
(vii) To supervise expenditure of funds;
(viii) To determine personnel policies;
(ix) To select a qualified executive director;
(x) To evaluate regularly the kind and quality of service children are receiving and the need for any change;
(xi) To set up procedures that will provide channels of communication between the board and executive director and between the board and staff;
(xii) To bring to the agency the concerns and unmet needs of the community;
(xiii) To engage in action on broad social issues and problems affecting child welfare;
(xiv) To keep informed about the philosophy and standards of public and voluntary child welfare services, including services for children and families in their own homes, or in other ways such as guardianship, foster family, adoption, etc.; and
(xv) To represent the agency in the community and to interpret its program with the help of the executive director and other staff members.
(xvi) The voluntary agency board of directors should further be responsible for assuring funders, taxpayers, and the community that agency funds are being used in accordance with all applicable laws and regulations.
(d) The Board composition shall include the following: The voluntary board of directors shall comprise those persons who accurately represent the diversity of the community served; provide a variety of experience, expertise, and guidance to the agency, operate as its governing body; be composed of unpaid citizens; and determine that the services provided reflect the needs of the community served.
(i) The board or advisory committee shall consist of a sufficient number of members, both men and women, to be representative of the various religious, business, professional, cultural, and ethnic groups in the Community and in groups served by the agency;
(ii) Board members shall be selected who have genuine concern about children. They should have the personal qualifications, interests, time, and ability to become informed about their board responsibilities and to participate fully and consistently in carrying them out; and
(iii) No voting board member shall be a relative of the facility staff or director.
(e) Financial Audit. The Board is responsible for making sure that the agency has an independent annual audit of income and expenditures by a certified public accountant employed and paid by the agency.
(i) The agency shall show evidence of sound financial operation;
(ii) Policies and practices governing receipt and expenditure of money should be in accordance with sound budgeting, disbursement, and audit control procedures;
(iii) There should be full disclosure of financial transactions with the agency, i.e., ownership and leases, that involve board and staff members and their immediate families; and
(iv) A copy of the Financial Audit shall be submitted to the Department of Family Services certification authority on an annual basis.
(f) Organizational Chart.
(i) There shall be a written document describing the facility or program’s organization;
(ii) The organizational chart shall include grouping similar functions, services, and activities into administrative subunits;
(iii) The organizational chart shall be reviewed by the board annually and updated as needed.
Section 2. Child/Sexual Abuse or Neglect.
(a) Any caregiver or staff member in a facility who has reasonable cause to know or suspect that a child has been subjected to any abuse or neglect or who has observed the child being subjected to circumstances or conditions that would reasonably result in abuse or neglect must immediately report or cause a report to be made of such fact to both the county Department of Family Services where the abuse occurred and the local law enforcement agency (W.S. 14-3-205).
(b) If the abuse or neglect occurred at the facility, the report of suspected abuse or neglect must be made to both the county Department of Family Services and the law enforcement agency in the community or county in which the child care facility is located.
(c) If the suspected abuse or neglect did not occur at the facility, the report of suspected abuse or neglect must be made to the county Department of Family Services in the county in which the child resides or to the local law enforcement agency in the community in which the incident is believed to have occurred.
(d) Investigation of child abuse/sexual abuse or neglect shall be conducted by the Department of Family Services and/or law enforcement.
(i) The Department of Family Services may select a provider to assist with the investigation;
(ii) The staff members of the Department of Family Services and/or a law enforcement agency that investigates an allegation of abuse or neglect must be given the right to interview staff and children in care and to obtain names, addresses, and telephone numbers of parents of children who are residents at the facility or program;
(iii) The staff members of the Department of Family Services and/or a law enforcement agency that investigates an allegation of abuse or neglect must be allowed to review files, documentation, and any other material which they may feel is important in determining the allegation of abuse or neglect; and
(iv) Any report made to the law enforcement authorities or the Department of Family Services of an allegation of abuse of any child at the facility will result in the temporary suspension or reassignment of duties of the alleged perpetrator to remove the risk of harm to the child/children if there is reasonable cause to believe that the life or health of the victim or other children at the facility is in imminent danger due to continued contact between the alleged perpetrator and the child/children at the facility. Such suspension or reassignment of duties will remain in effect pending the outcome of the investigation by the appropriate authorities.
The provider shall explore ways to use staff and foster parents that enrich the services and maximize the workers' time while providing adequate safeguards for children and their families.
(a) The following safeguards should be built into the program:
(i) Child care staff/foster parents shall be over the age of 21;
(ii) An orientation program for new staff and foster parents to be completed before they work directly with the children in care;
(iii) A training program, to be completed before new staff and foster parents work directly with the children in care;
(iv) An in-service training program;
(v) Supervision of all staff and foster parents by appropriately trained personnel; and
(vi) Job performance evaluation annually.
(b) Personnel records shall include:
(i) Name;
(ii) Address;
(iii) Telephone number;
(iv) Documentation of education and training;
(v) Work experience;
(vi) Social Security Number;
(vii) Three references attesting to the potential employee’s ability to care for children. The references shall be from individuals unrelated to the prospective employee who have personal knowledge of the person’s ability to care for children;
(viii) TB test results;
(A) An initial two-step TB test will be done at the time of hire for those staff that will have direct contact with children.
(B) There shall be a TB test every two years.
(ix) Documented proof of all training received by staff to include the number of hours, dates, titles of training and name of presenter;
(x) Documentation in writing on either a separate form or the application for employment form, signed by each staff member/foster parent that to the best of their knowledge they have not appeared upon a child abuse/neglect registry in Wyoming or states of previous residence;
(xi) Documentation in writing on either a separate form or the application for employ- ment and signed by each staff member/foster parent that they have not been convicted within the preceding five years of any felony classified as an offense against the person or family, of public indecency or of violation of the Wyoming Controlled Substances Act (W.S. 35-7-1001 et seq.). If evidence of such violations exists, the hiring authority shall determine if rehabilitation has occurred and provide documentation of such rehabilitation; and
(xii) A completed abuse/neglect Central Registry check and a Division of Criminal Investigation (DCI) criminal history record prescreen check;
(xiii) Background check through the local law enforcement agency.
(a) The orientation program shall be given to all staff members/foster parents before they are responsible for any direct services with children and their families. All staff and foster parents shall complete the orientation training with the exception of First Aid and CPR within 60 days from the date of hire. CPR and First Aid shall be completed within 90 days from the date of hire.
(b) The orientation program shall include, but not be limited to the following:
(i) Agency philosophy and history;
(ii) Agency policies, including responsibilities for reporting child abuse;
(iii) Agency staff member roles;
(iv) The family’s role in the child’s care and the worker’s role and responsibilities in relation to the child and family;
(v) Health and safety procedures as stated by the Occupational Safety and Health Administration (OSHA) to include, but not be limited to blood born pathogens or universal precautions;
(vi) Certified CPR and First Aid training that meets the requirements of certified through the American Heart Association or American Red Cross or National Safety Council;
(vii) First Aid training that meets the requirements of the American Red Cross;
(viii) Orientation to the agency’s approved crisis intervention procedures;
(viii) Record-keeping requirements;
(x) Cultural diversity;
(xi) Separation and loss inherent in out-of-home care for children and families, and for the staff members/foster parents when children leave;
(xii) Confidentiality;
(xiii) Substance abuse;
(xiv) The overall importance of the supervision and safety of children;
(xv) All facility personnel shall be trained in the implementation of written emergency and evacuation procedures;
(A) Staff must be able to properly execute emergency plans.
(B) A review of the emergency plans shall be an essential element of personnel orientation and in-services training.
(xvi) Driver’s safety;
(xvii) Bomb threats (exclusive to facilities); and
(xviii) Suicide prevention and intervention.
(c) Orientation training shall be documented in the personnel/foster parents file.
(a) The agency shall administratively prepare written policies and procedures for the operation of programs in which volunteers or student field placements or internships are utilized in-direct service, care, and treatment.
(b) The policies shall include:
(i) A clear description of the agency’s purposes and goals;
(ii) Responsibility for coordination of the volunteer/student program is assigned to a supervisory staff person;
(iii) A clear job description for the coordinator of volunteers and for each category of volunteers;
(iv) A clear differentiation of functions and activities appropriate for paid staff members and volunteers in policy-making, advocacy, administrative, and direct services roles;
(v) A process for screening and selecting volunteers, including character and reference checks similar to those for paid staff members;
(vi) A defined line of supervision, with clear written expectations of the supervisor and the volunteers;
(vii) Orientation, and in-service training activities in the volunteer’s’ specified roles;
(viii) Procedures to monitor and evaluate activities and contributions.
(A) To apply their abilities effectively, volunteers need a well-developed plan utilizing their skills, knowledge, and interests;
(B) Sufficient space and equipment to function efficiently;
(C) An official person to turn to for support, supervision and encouragement;
(D) Periodic review of accomplishments and growth opportunities when ready for more or different responsibilities; and
(E) Records to validate their service and training.
(ix) Procedures for observation of professional ethics and the canons of confidentiality; and
(x) Procedure to allow volunteers/students to be aware of and have input into the treatment plans for children they work with directly and are briefed on any special needs or problems of these children.
(c) Documentation shall be recorded in personnel files similar to those of paid staff members.
(a) An incident report is to be sent to the Department of Family Services certifying authority within two working days 48 hours after the occurrence of the following:
(i) Injuries when a child is taken to the hospital or out-patient doctor for emergency services;
(ii) Serious illness when a child is taken to the hospital;
(iii) Death of a child;
(iv) Fire at the facility;
(v) Child physical or sexual abuse complaint of any staff, volunteer or foster parent by a child of the facility or program;
(vi) Riots; and
(vii) Bomb threats.
(b) An incident report is to be sent to the child’s Department of Family Services certifying authority social worker or probation officer within two working days 48 hours after the occurrence of the following:
(i) When physical or chemical restraint is necessary; (ii) Serious illness or injuries when a child is taken to the hospital ; (iii) Assaultive conduct behavior; (iv) Any law enforcement intervention; (v) Children with any illicit drug involvement; (vi) Self-mutilation and tattooing; (vii) Runaway situations; (viii) Suicide attempts; (ix) Any abuse/neglect situations; and (x) Any other situation that the Department of Family Services social worker or probation officer requests; (xi) Riots; and (xii) Bomb threats.
(c) An incident report involving Interstate Compact on Juveniles (ICJ) or Interstate Court-ordered Placement of Children (ICPC) child shall be sent to the corresponding compact administrator within two working days 48 hours of the following:
(i) When physical or chemical restraint is necessary; (ii) Injuries; (iii) Medical attention, other than routine; (iv) Assaultive conduct behavior; (v) Any law enforcement intervention; (vi) Children with any illicit drug involvement; (vii) Self-mutilation and tattooing; (viii) Runaway situations; (ix) Suicide attempts;
(x) Any abuse/neglect situations; and
(xi) Any other situation that the Department of Family Services social worker or probation officer requests;
(xii) Riots; and
(xiii) Bomb threats.
(a) All facilities and programs shall have written policies and procedures governing the supervision and administration of medication to children.
(i) These policies and procedures shall be disseminated to all child care staff/foster parents.
(ii) These policies shall include non-prescription drugs and vitamins.
(iii) Prescription medication shall only be administered under a physician’s order.
(b) Medications can only be given when:
(i) Medications are prescribed by a physician or those available over-the-counter, for which written instructions are given to the facility by the parents or legal guardian or physician. Any deviation from the recommend dosage on the label must be accompanied by a physician’s written instructions;
(ii) Medications bear their original prescription label or a manufacturer’s label and are in safety-lock containers, transported and stored safely with regard to temperature, light, and other physical storage requirements;
(iii) A medication consent form must have been completed by the child’s parent or legal guardian; and
(iv) Child care staff who administer medication know the procedures for administration or have been trained to administer the medication.
(A) All staff members should be aware of the side effects of medication prescribed for the child.
(B) Training shall be documented in child care staff personnel file.
(c) Medications will be stored:
(i) In a locked storage area; or (ii) In a refrigerator separated from food in a sealed plastic container on the top shelf of the refrigerator if refrigeration is required; or
(iii) In a cool, dark enclosure which is inaccessible to children; or
(iv) In an area separate from child care activities, but accessible to the child care staff who gives the medication.
(d) A written record of all medication given to each child shall be kept by the provider 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. This record shall include:
(i) Child’s name;
(ii) Name of physician prescribing medication;
(iii) The name of the medication;
(iv) Date the medication was administered;
(v) Amount of medication given;
(vi) Time the child received the medication;
(vii) Signature of person administering medication; and
(viii) Any medication errors and reason for the errors;.
(ix) A statement must be signed and documented by one staff member who witnessed the refusal, if consent has been revoked by refusal of medication.
(e) The effects of medication must be documented in the child’s health record and the prescribing physician should regularly review the child’s response to medication.
(f) If medications are used to help a child deal with severe anxiety or depression, daily monitoring of behaviors is essential. The value of the medications must be assessed.
(g) Psychotropic medications shall be administered only as a component of a comprehensive treatment plan. If psychotropic medications are used, the provider must have a written policy governing the use of such drugs that shall include the following:
(i) Criteria for the use and review of psychotropic medications as a part of the individual treatment plan;
(ii) Procedures for obtaining informed consent from the child and the parents or guardian where consent is required;
(iii) Procedures for monitoring and reviewing use of psychotropic medication by a physician;
(iv) Procedures for reporting the suspected presence of undesirable side effects;
(v) 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.
(A) This statement shall be provided to all child care staff.
(B) If consent has been revoked by refusal of medication, the statement shall be signed by one staff member who personally witnessed refusal.
(C) If the revocation or refusal involves prescriptive medication, the physician shall be notified.
(D) The social worker or probation officer shall also be notified.
(vi) 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; and
(viii) 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:
(A) Medication history;
(B) Documentation of all less restrictive alternatives either used or diagnostically eliminated prior to use of this medication since entry into the facility;
(C) Description of any significant changes in the child’s appearance or behavior that may be related to the use of medication;
(D) Any medication errors and reason for the errors; and
(E) Monitoring reports.
(h) The facility which administers medication to residents shall establish controls governing destruction of medication.
(i) There shall be written policy and procedures for the destruction of out-of-date medication or medication prescribed for former residents.
(ii) There shall be written policy and procedures for the proper disposal of unused medication, syringes, and medical waste.
(a) Vehicles used to transport children shall be maintained in safe condition and comply with applicable motor vehicle laws.
(b) Documentation shall be kept of vehicle maintenance.
(c) Operator of vehicles used to transport children shall have the appropriate type of license.
(d) The number of persons in a vehicle used to transport children shall not exceed the manufacturer's recommended capacity nor the number of seat belts installed when the vehicle was manufactured.
(e) Each child who is a passenger, and who is two years of age or under, or who weighs 40 pounds or less or who is 40 inches tall or less shall be secured in a child safety restraint system.
(f) Any child who is not within the age, weight, and height requirements of subsection (e) of this section shall wear seat belts in all vehicles.
(g) When children are transported, there shall be a First Aid kit, available in the vehicle.
(h) All medications that are transported will be inaccessible to children.
(i) Liability insurance shall be maintained and documented on each vehicle (W.S. 31-2-201(h) and 31-9-405(b)).
(a) Firearms in facilities and foster homes shall be kept unloaded in a locked storage area.
(b) Ammunition shall be stored in a locked area separate from the firearms.
(c) Provisions should be made for law enforcement personnel visiting facilities for safe storage of firearms outside the facility.
In all substitute care placement settings, the facility or agency shall develop and maintain a client's rights policy that supports and protects the fundamental human, civil, constitutional, and statutory rights of all children in its care. These rights include, but are not limited to, the following:
(a) Every child and family has equal access to services regardless of race, religion, ethnicity, sexual orientation, disability or gender;
(b) Every child shall have access to educational services as per Wyoming State law;
(c) There shall be no discrimination by the provider based on race, sex, religion, ethnic origin or disability;
(d) The dignity of every child and family is recognized and respected in the delivery of services;
(e) Every child and family receives care according to individual need;
(f) Service is provided within the most appropriate setting;
(g) Services are periodically reviewed for and with every child and family;
(h) The facility or agency’s grievance policy is given to and explained to the child and his or her legal guardian at the time of intake;
(i) Every child has a right to personal privacy;
(i) The provider shall allow privacy for each child when not contrary to the treatment plan.
(ii) Each child shall have access to a quiet, private area where he or she can withdraw from the group when appropriate.
(j) Contact with the family;
(i) Contacts between the child and his family shall be allowed while the child is in care.
(A) Unless the rights of the parents have been terminated by court order.
(B) Unless family contact is not in the child’s best interest.
(C) The reason for limiting contact must be recorded in the child’s case plan.
(ii) The frequency of contact shall be based on the needs of the child.
(A) Frequency shall be determined with the participation of the child’s family or legally responsible party and provider.
(B) Limitations shall be documented.
(iii) If contact with the family is requested by either the child or his or her family and the provider determines contact is not in the child’s best interest, the provider shall complete the following:
(A) Have the restrictions on communication determined by a psychiatrist, licensed psychologist, social worker or program director.
(B) Reasons for the restrictions shall be documented.
(v) The provider shall allow visits, gifts, mail and telephone calls between the child and his family or legally responsible party.
(A) Unless prohibited by court order, or
(B) When documented in the case record that contact would not be in the best interest of the child.
(vi) 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.
(A) These limits shall be documented.
(B) All staff shall be oriented to these limitations.
(k) Personal possessions
(i) A child shall be allowed to bring personal possessions to the care setting and to acquire personal possessions in accordance with program rules.
(ii) When limits are placed on the type of possessions a child may retain, the nature and quantity of those items will be determined through review with the child and his parents or a legally responsible party.
(l) The provider shall not place a child in a position of being forced to acknowledge his dependency, delinquency or neglect, unless for treatment purposes.
(m) The provider shall not require a child to make public statements to acknowledge gratitude to the provider.
(n) Children in care shall not be required to perform at public gatherings.
(o) Every child has a right not to be exploited or have his or her privacy invaded by agency publicity or fund-raising efforts.
(i) Pictures, reports or identification that humiliate, exploit or invade the privacy of a child or the child’s family or legally responsible party shall not be made public.
(ii) 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.
(p) All documents pertaining to the child and family that are incurred while in the provider’s care shall be confidential.
(q) Attention shall be given to the child’s personal opinions in decisions that affect his or her life.
(i) Children's opinions and recommendations shall be considered in the development and evaluation of group and residential care programs and activities.
(A) The procedure for this shall be documented.
(B) A copy of the procedure shall be available for review by the certifying authority.
(ii) Children's opinion and recommendation shall be considered in the development of his or her treatment plan.
(A) The procedure for this shall be documented.
(B) A copy of the procedure shall be available for review by the certifying authority.
(r) The provider's rules in facilities caring for six (6) or more children shall be accessible to the children.
(i) The rules shall be posted to enable the children to be familiar with them throughout their stay at the facility.
(ii) There shall be documentation in each child's records that they are familiar with the rules and have signed a statement to that effect.
(s) 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.
(ii) This shall be documented in the treatment plan.
(iii) Children's personal funds held by the facility shall be controlled by accepted accounting procedures.
(t) The provider shall have written policies for the discipline of children in care.
(i) Copies of the policies shall be provided to staff and the children.
(ii) Documentation shall be kept of the imposition of all discipline and/or restrictions.
(iii) Only adult providers with direct child care or supervisory responsibility shall discipline children.
(iv) Children in care shall not be subjected to the following:
(A) To cruel, harsh, unusual or unnecessary punishment;
(B) To verbal remarks that belittle or ridicule them or their families; (C) To the denial of food, mail or visits with their families as punishment; (D) To any form of discipline, control or punishment that violates state laws that protect children from abuse and neglect; and (F) To punishment by shaking, striking or spanking.
(u) Physical restraint of a child, or interference by a staff member or foster parent in a fight between children, while necessary at times to prevent physical harm or damage to property, shall not be used as a form of punishment.
(i) The purpose of physical restraint shall be to provide only that degree of physical control that the child is unwilling or unable to provide for himself or herself.
(ii) Physical restraint shall only be used to:
(A) Protect the child from injury to himself or herself; (B) Protect the child from injuring other people; (C) Prevent the child from destruction of property; and (D) Promote safety.
(iii) The use of physical restraintholding and the length of time used shall be documented in the child's record.
(iv) If the facility or program is using physical restraint, all staff and foster parents shall be oriented and trained in appropriate behavioral intervention procedures.
(v) This training shall occur before staff or foster parents are given direct responsibility for children and shall include behavioral interventions:
(A) Behavioral interventions shall include the rules and appropriate consequences of various interventions; (B) Techniques for early de-escalation and preventive intervention; (C) Team approaches to behavior management; (D) Verbal crisis intervention; and (F) Safe and appropriate physical restraint.
(G) Documentation of training shall be in all staff or foster parent's personnel files.
(v) Mechanical restraint shall not be used.
(w) There shall be written policy, procedure and practice to ensure the right of children to have access to the courts.
(x) Access to counsel.
(i) There shall be written policy, procedure and practice to ensure and facilitate children's access to counsel and assist children in making confidential contact with attorneys and their authorized representatives.
(ii) Contact includes, but is not limited to telephone communications.
(a) There shall be a written suicide prevention and intervention policy program that is reviewed by a qualified medical or mental health professional.
(b) All staff with responsibility for the supervision of children shall be trained in the implementation of the policy program.
(c) Documentation of training shall be in the staff or foster parent's personnel file.
The provider shall recognize that reasonable negative consequences for unacceptable behavior are a natural part of life, and a valuable tool in teaching, when other interventions have been found to be ineffective, and when children can benefit from the experience of facing the consequences of their own unacceptable behavior.
(a) Consequences, when applied, should relate to and be proportionate with the unacceptable behavior, and reflect the nature of real world experiences.
(i) Consequences should also recognize the child's maturity level and sociocultural context.
(ii) Out-of-proportion consequences to inappropriate behavior can do great damage to the child's ability to recognize the cause and effect of his or her behavior.
(b) Group punishment for misbehaving is not desirable.
(i) It can have the negative long range effect of embittering the children who are unfairly punished.
(ii) It can disturb group cohesiveness.
(iii) Group punishment shall not be used to support or reinforce individual consequences.
(c) Humiliating or degrading consequences punishment that undermines the child's respect, such as ridicule, sarcasm, shaming, scolding or punishment in the presence of the group or another staff member, shall be avoided at all times.
Section 13. Corporal Punishment.
(a) Corporal punishment is viewed by the child as a manifestation of the adult's aggression rather than punishment, and can reinforce feelings he or she may already have that the world is a hostile, angry, fearful place. Corporal Punishment is not an appropriate or acceptable response to negative behavior under any circumstances. Corporal punishment shall not be used.
(b) Unacceptable forms of punishment or behavioral control include but is not limited to the following:
(i) Slapping;
(ii) Spanking;
(iii) Paddling;
(iv) Belting;
(v) Kicking;
(vi) Marching;
(vii) Standing or kneeling rigidly in one spot;
(viii) Any kind of physical discomfort;
(ix) Deprivation of sleep;
(x) Inadequate food;
(xi) Imposed physical discomfort;
(xii) Verbal abuse;
(xiii) Humiliation;
(xiv) Withholding family visits within the facility; or
(xv) Other impingement upon the basic rights of children to care, protection, safety, and security.
(c) Corporal punishment is viewed by the child as a manifestation of the adult's aggression rather than punishment, and can reinforce feelings he or she may already have that the world is a hostile, angry, fearful place.
Seclusion refers to the involuntary confinement of a child alone in a room where the person is physically prevented from leaving.
(a) Seclusion Room is a safe and secure individual room in which a child may be temporarily confined.
(b) Seclusion Room is used only for children six years of age and older.
(i) Time limits are as follows:
(A) One (1) hour for children under ten (10) years of age; and
(B) Two (2) hours for children and adolescents over ten (10) years of age.
(c) The facility shall have written policies and procedures for dealing with children who are temporarily beyond control and are a danger to themselves or others. These shall include identifying, developing, and promoting preventive strategies and the use of safe and effective alternatives to using the Seclusion Room.
(d) When the Seclusion Room is used, a Statement of purpose and agency policy or operational procedures shall include the following:
(i) The Seclusion Room can only be used for the child to resume self control and/or to prevent harm to the child or others.
(A) A child is to be confined in a Seclusion Room only during periods of crisis or emergency for the child;
(B) When the child is a danger to him or herself and/or others and the child is beyond control; and
(C) All other reasonable means to control or calm the child have failed, and the child's welfare or the welfare of those around the child demand that the child be confined.
(ii) Each facility that operates a Seclusion Room shall also have a written statement of purpose and policy describing:
(A) The philosophy and use of the room;
(B) The intake process; (C) The evaluation of the child while in the room; (D) Emergency procedure while in confinement; (E) Residents grievance procedure regarding the use of the room; and (F) Release from the Seclusion Room.
(iii) The Seclusion Room shall not be used as means of punishment.
(iv) Its use is expressly prohibited as a means of dealing with non-violent or non assaultive behaviors.
(e) Staff requirements for Seclusion Rooms.
(i) There shall be a Seclusion Room supervisor who is designated and trained to be responsible for the use of the Seclusion Room.
(A) The supervisor shall be either a full time child care staff member or a Wyoming licensed psychologist or a psychiatrist licensed to practice medicine in Wyoming; and
(B) If the Seclusion Room supervisor is not a psychologist or a psychiatrist, there shall be a contract with a psychologist or psychiatrist to provide consultation with the Seclusion Room supervisor and staff.
(ii) The facility that operates a Seclusion Room shall appoint a review team which includes a neutral observer.
(A) The neutral observer may be a staff member of the facility or a human services professional. The observer shall not be the Seclusion Room supervisor or the person who placed the child in the Seclusion Room.
(B) The review team shall determine within seventy-two (72) hours if the situation resulting in the confinement of a child in a Seclusion Room merits such a decision.
(iii) The facility shall identify staff members authorized to place a child in the Seclusion Room within its statement of Seclusion Room policy. Authorized staff shall be employed as:
(A) Administrator; (B) Assistant Administrator; (C) Child Care Staff; (D) Social Worker;
(E) Psychologist; (F) Psychiatrist; or (G) Teachers.
(iv) The designated staff authorized to place a child in the Seclusion Room shall have ongoing training and supervision. The training shall include but not be limited to the following:
(A) The purpose and policy of the Seclusion Room; (B) Legal ramifications of placing a child in the Seclusion Room; (C) The role of the neutral observer; (D) Behavioral stages of development; (E) Dynamics of behavior of children when in confinement; (F) Safe methods of getting the child to the Seclusion Room; (G) Safe methods of searching a child when placing a child in the Seclusion Room; (H) Safety of the child and staff; (I) Emergency procedures including First Aid and fire protection; and (J) Protection of the keys for the Seclusion Room.
(f) Policy and Procedures shall be developed to ensure the child's safety when placing the child in the Seclusion Room.
(i) At the time of admission of the child to the facility a written consent must be obtained from the person or agency holding legal custody of the child to allow the use of the Seclusion Room.
(A) The person or agency holding legal custody shall be informed of the use of the Seclusion Room, the circumstances under which it will be employed, and the possible risks involved, prior to signing the consent form for the child to be placed in the Seclusion Room.
(B) If the consent form is unsigned, the child may not be placed in a Seclusion Room.
(ii) Prior to the placement of the child in the Seclusion Room, the child shall be oriented to the room.
(A) The child shall know the purpose of its use.
(B) The child shall be oriented to the type of behavior that might result in its use.
(C) The child shall sign a statement indicating they have been oriented to the Seclusion Room.
(iii) At the time of placement of the child in the Seclusion Room all articles of potential harm to the child (i.e., sharp objects, belt, etc.) shall be removed from his or her person.
(iv) A child who is placed in the Seclusion Room must be in a period of crisis, (such as when the child is violent or potentially destructive), to such a degree that he is in imminent danger to himself or others.
(g) The following shall be documented:
(i) A written report that states:
(A) The child’s name;
(B) Time of day the child was placed in the Seclusion Room;
(C) Name of the staff member who placed the child in the room;
(D) The staff member who was notified of the placement;
(E) The precipitating incident and the child’s behavior before placement in the room;
(F) Actions taken by staff members of a less restrictive nature to try to control, calm, or contain the child; and
(G) Observable physical condition of the child when entering the Seclusion Room.
(ii) During confinement, the following shall be recorded, if applicable:
(A) At least every 15 minutes the child shall be checked and documentation shall include the time and a description of what the child was doing;
(B) When the child was last given access to restroom facilities;
(C) When the child had opportunity to exercise;
(D) When and what type of medications were given and by whom;
(E) When the child’s last staff contact occurred; and (F) Initials of the person supervising.
(iii) The Resolution process;
(A) Description of the resolution between staff members and the child at the termination of the use of the room and the behavior of the child after leaving the Seclusion Room.
(B) Process for assisting the child to re-enter the group.
(C) Observable physical condition of the child when leaving the Seclusion Room.
(iv) The Review Team Report;
(A) Record of persons on the review team.
(B) Conclusions of the review team as to the appropriateness of confinement of the child in the Seclusion Room.
(h) The Record review process;
(i) The record of the use of the Seclusion Room shall be reviewed daily by the Seclusion Room supervisor.
(ii) The record of the use of the Seclusion Room shall be reviewed weekly by the facility administrator.
(iii) If a child is placed in the Seclusion Room more than three (3) times in seventy-two (72) hours or a maximum of six (6) hours in seventy-two (72) hours, the treatment plan for the child shall be reviewed, and revisions made if necessary.
(i) Physical requirements for a Seclusion Room;
(i) The Seclusion Room shall be located in reasonable proximity to the living unit or other areas of activity.
(ii) A staff member shall be present when a child is placed inside the room and must remain in close proximity at all times.
(iii) The Seclusion Room shall be a minimum of 80 square feet in size.
(iv) The Seclusion Room shall be kept in a clean and sanitary condition.
(v) All switches for light, heat and ventilation, as well as other electrical outlets, shall be outside the room. All switches shall be accessible only to staff.
(vi) There shall be no features by which a child might injure him or herself within the Seclusion Room such as utility pipes, cleaning equipment and materials, or mirrors.
(vii) Exterior windows to the outside of the building are not recommended. If the Seclusion Room does have exterior windows, the window panes shall be of shatter resistant material and have psychiatric screening.
(viii) There shall be an observation window on the door from which all parts of the room are visible for purposes of supervision.
(A) The windows shall be made of non-breakable, shatter-resistant materials.
(B) The facility shall document the maintenance of the non-breakable, shatter-resistant window by a professional.
(ix) There shall be an approved ventilation system.
(x) The Seclusion Room shall be constructed to meet all appropriate fire regulations.
(xi) The Seclusion Room shall have a lighted, soothing environment.
(A) The child shall not be subjected to glaring lights.
(B) All lights shall be recessed into the ceiling and shall be covered with a non-breakable, shatter-resistant guard that is flush with the ceiling.
(xii) There shall be no more than one locked door between the child and the staff member, unless a mechanism for supportive monitoring is in place.
(xiii) If the Seclusion Room is soundproof, there must be an intercom system that is activated when a child is in the room.
(j) Approvals necessary to operate the Seclusion Room;
(i) It is the responsibility of the facility to provide the Department of Family Services certifying authority with the written approval of the local fire department or the State Fire Marshall prior to the initial use of the Seclusion Room.
(ii) The certifying authority must approve the Seclusion Room prior to the initial use of the room.
(iii) The records of the use of the Seclusion Room, the policy for operation of the room, the children's records, staff records and the room shall be open to representatives of the Department of Family Services for inspection.
(iv) There shall be an inspection by the fire department or the State Fire Marshall annually.
(A) The facility shall retain a copy of the inspection report in the facility file.
(B) The facility shall forward a copy of the fire inspection report to the Department of Family Services certification authority.
(v) If it is found at the time of inspection of the Seclusion Room that the facility does not meet all the regulations for operation of the room the following will occur:
(A) The Department of Family Services shall give written notice of specific deficiencies to be corrected.
(B) The residential child care facility shall cease confining any child in the Seclusion Room until corrections are completed and authorization is given by the Department of Family Services.
All providers shall have written policies and procedures regarding recreation. The facilities and agencies shall develop objectives pertaining to recreation within their treatment plans. The facilities shall provide age appropriate recreation experiences for all children in its care.
(a) The facility shall offer a wide range of indoor and outdoor recreational activities in which participation can be encouraged and motivated, in accordance with individual interests, ages, and needs.
(b) Recreation activities shall be those in which children can find pleasure, experience success, and gain confidence.
(c) Activities should be spread throughout the week, and especially on days when there is no school or structured treatment programs.
(d) Community facilities should be used as a much as possible.
(a) 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.
(b) Family planning services include the provision of information concerning medical care and contraceptives.
(c) Family planning services shall include criteria for the prevention of sexually transmitted diseases.
(d) Family planning services are voluntary.
(i) Adolescents have a right to accept or reject services.
(ii) These services are available regardless of sex, marital status, parenthood and religious affiliation or personal belief of any employee of the facility or program.
(e) A minor of child bearing age is entitled to family planning services without parental consent.
(f) The provider shall have a written policy concerning family planning services.
(g) A copy of the policy shall be made available to each resident of the facility or program at the time of admission.