Wyo. Code R. 049-0029-6
Providers of Substitute Care Services, Certification of
Chapter 6: Stands. Pertaining to Specific Fac.
Effective Date: 07/10/1990 to 09/11/1998
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0029.6.07101990
Section 1. Family Foster Home Care. A private home in which care is provided on a 24-hour basis for not more than five children, excluding the foster parents' own children. No more than two infants under two years of age shall be placed in one foster home. If foster parents are married and neither adult works outside the home, each parent may provide for two infants.
(a) Services to be provided are:
(i) Room and board;
(ii) Parental supervision to include:
(A) Socialization - plans free time and recreation with youth;
(B) Daily living skills - discusses money management, personal hygiene, shopping, shelter costs and appropriate attire with youth;
(C) Education reviews educational progress on a regular basis and signs school progress reports;
(D) Home management skills develops expectations and monitors the youth in 'home skills such as making beds and changing linens, using vacuum cleaner, dusting, dish washing, organizing belongings, disposing of trash, cleaning tub, sink and toilet, operating appliances, cooking complete meals, handling emergencies and first aid;
(E) Job seeking and job placement skills -assisting the youth in how to locate employment, making application for employment and developing job retention skills;
(F) Situational counseling - identifying the youth is strengths, developing patterns of acceptance and coping with weaknesses, counseling the youth in recognizing or modifying behavior that is not conducive to or interfering with the development or obtaining of work, learning, socialization or self-care skills;
(G) Medical and dental care shall be available to all children as needed and documented in the
case plan.
(I) Document a parental signed release for emergency medical treatment. If a parental release is unavailable, obtain a release from the agency or individual who has legal custody.
Prior to certification, all prospective foster parents must complete a foster parent orientation program of at least 12 hours, the contents of which shall include information about the structure of the agency, the role of the social worker and the foster parents' relationship with the social worker, parenting skills, the special needs of foster children, the need to work with the natural parents, appropriate disciplining methods and alternatives to corporal punishment and the importance of utilizing medical, dental, educational and other community resources.
All foster parents must receive at least 10 hours of foster parent training per year.
(iii) All of the foregoing training shall be provided by the placing agency at no cost to the foster parent.
(iv) The date and subject of the training shall be documented.
an approved foster home
(A) The home shall have sufficient bedroom space to allow atleast 75 square feet for the first occupant and an additional 50 square feet for each
additional occupant of a bedroom. Bedrooms in basements shall have at least one exterior window.
(B) There shall be no more than four children to a bedroom.
(C) Children in foster care over two years of age shall not sleep in the
same room as adults. Unrelated children of the opposite sex in foster care shall have an individual bed. Children of opposite sex over the age of six years shall not sleep in the same room.
(ii) Well-repaired foster care homes: conditions existing in or around a home that would be hazardous to the physical well-being of children shall be eliminated;
(iii) Foster parents who:
(A) Are over age 21 and under age 70. No new placements will be authorized after an existing foster parent reaches age 70 unless the child needing placement is at least 10 years old.
(B) Are married for a minimum of one year or a single-parent household. A single parent who marries may continue to provide foster care after marriage providing three references are obtained on the new spouse.
(C) Are financially stable, as verified by personal reference and/or credit review.
(D) Physically and emotionally capable of providing foster care, as verified by a physician.
(E) Are shown to understand the concept of foster family care, the role of the agency in foster care, work cooperatively with the placing agency and with the natural parents, adoptive parents and the child for stability and permanence in the care of the child, as verified through the foster home study process and written report.
(d) The foster parents must provide:
(i) A completed application to care for children;
(ii) Three references attesting to the applicants' ability to care for children. The references shall be from individuals unrelated to the prospective foster parents' who have personal knowledge of the foster parents, ability to care for children;
(iii) Documentation from a physician that the foster parents have no medical or emotional condition that would impair their ability to provide care for foster children;
(iv) Verification of employment or verification of adequate income to provide for the needs of the family;
(v) Documentation in writing on either a separate form or the application for employment form, signed by the foster parents, that to the best of their knowledge they have not appeared upon a child abuse/neglect registry in Wyoming or states of previous residence;
(Vi)
Documentation
in writing on either a
separate form or the application for employment and signed by the foster parents that the foster parents have not been convicted within the preceding five years of any felony classified as an offense against the person or family, or 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.
(e) Children accepted for this service are under the age of 19 at the time of placement and are determined to be:
(i) Unable to receive the parental care they need in their own homes;
(ii) Potentially capable of accepting other family ties;
(iii) Able to participate in family and community life, including public school, without danger to themselves or others;
(iv) Effectively served in family foster care with the level of supportive services available in the community.
Section 2. Child Placing Agency. A child placing agency contracts WITt@hpr@ivate family homes to provide foster care services similar to 'family foster home care' with the following exceptions:
(a) Recruitment, training and support for the homes are the responsibility of the child placing agency.
(b) The child placing agency is solely responsible for the operation of the homes (i.e., liability).
(c) Crisis homes operated by a child placing agency are available for placements 24 hours a day, seven days a week and can not refuse placements except if:
(i) The homes have reached the maximum certifiable level of five children (including their own children);
(ii) The placement does not fit into the agency's admission policy;
(iii) A temporary or emergency staffing problem has arisen preventing the placement.
No more than two infants under two years of age shall be placed in one foster home.
(d) Services to be provided are:
(i) Room and board;
(ii) Parental supervision to include:
(A) Socialization recreation with youth;
plans free time and
(B) Daily living skills - discusses money management, personal hygiene, shopping, shelter costs and appropriate attire with youth;
(C) Education reviews educational progress on a regular basis and signs school progress reports;
(D) Home management skills develops expectations and monitors the youth in home skills such as making beds and changing linens, using vacuum cleaner, dusting, dish washing, organizing belongings, disposing of trash, cleaning tub, sink and toilet, operating appliances, cooking complete meals, handling emergencies and first aid;
(E) Job seeking and job placement skills assisting the youth in how to locate employment, making application for employment and developing job retention skills;
(F) Situational counseling - identifying the youth's strengths, developing patterns of acceptance and coping with weaknesses, counseling the youth in recognizing or modifying behavior that is not conducive to or interfering with the development or obtaining of work, learning, socialization or self-care skills;
(G) Medical or dental care shall be available to all children as needed, and documented in the case plan.
(e) Educational qualifications:
(i) Prior to certification as a child-placing agency, the executive director shall provide the certifying authority with verification that he or she has a minimum of a baccalaureate degree and two years experience in human services.
(ii) Professional staff shall possess the following qualifications:
(A) A baccalaureate degree in social work, psychology, sociology or other human services field and two years experience in human services.
(iii)
All staff shall program that includes:
complete an
orientation
(A) The overall philosophy and goals of the agency;
(B) All components of the agency's program;
(C) Emergency and crisis procedures;
(D) Acceptable behavior and crisis management strategies.
(E) If there are any obvious health concerns for any staff members, it shall be the prerogative of the certifying authority to request further information;
(F) Documentation in writing on either a separate form or the application for employment form signed by the applicant for employment that the potential employee has 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. If evidence of such violations exists, the certifying authority shall determine if rehabilitation has occurred and require documentation of such rehabilitation.
(iv) Prior to certification as foster parents, all prospective foster parents must complete a foster parent orientation program of at least 12 hours, the contents of which shall include information about the structure of the agency, the role of the social worker and the foster parents' relationship with the social worker, parenting
skills, the special needs of foster children, the need to work with the natural parents, appropriate disciplining methods and alternatives to corporal punishment, and the importance of utilizing medical, dental, educational and other community resources.
(v) All foster parents must receive at least 10 hours of foster parent training per year.
(vi) All of the foregoing training shall be provided by the placing agency at no cost to the foster parents.
(vii) Volunteers or students are formally oriented by staff to the agency's program, policies and procedures with special attention to issues of clients' rights and confidentiality.
(viii) Staff, foster parents and volunteers are subject to the character and reference checks.
(ix) Be aware of and have input into the treatment plans for children they are working with directly and be briefed on any special needs or problems of these children.
(f) Other qualification - an approved foster home study documenting:
M Uncrowded conditions:
(A) The home shall have sufficient bedroom space to allow at least 75 square feet for the first occupant and an additional 50 square feet for each
additional occupant of a bedroom. Bedrooms in basements shall have at least one exterior window.
(B) There shall be no more than four children to a bedroom.
(C) Children in foster care over two years of age shall not sleep in the same room as adults. Unrelated children of the opposite sex in foster care shall have an individual bed. Children of opposite sex over the age of six years shall not sleep in the same room.
(ii) Well-repaired foster care home: any conditions existing in or around a home that would be hazardous to the physical well-being of children shall be eliminated.
(iii) The child placing agency shall provide the certifying authority with verification of compliance with fire and sanitation standards.
(iv) Foster parents who:
(A) Are over age 21 and under age 70. No new placements will be authorized after an existing foster parent reaches age 70, except for children who are age 10 or older.
(B) Are married for a minimum of one year or a single-parent household.
(C) Are financially stable, as verified by personal reference and/or credit review.
(D) Physically and emotionally capable of
providing foster care, as verified by a physician.
(E) Are shown to understand the concept of foster family care, the role of the agency in foster care, working cooperatively with the placing agency and with the natural parents, adoptive parents and the child for stability and permanence in the care of the child, as verified through foster home study process and written report prepared by the agency.
(g) The foster parents must provide:
(i) A completed application to care for children;
(ii) Three references attesting to the applicant's ability to care for children. The references shall be from individuals unrelated to the prospective foster parents who have personal knowledge of the foster parents' ability to care for children.
(iii) Documentation from a physician that the foster parents have no medical or emotional condition that would impair their ability to provide care for foster children.
(iv) Verification of employment or verification of adequate income to provide for the needs of the family.
(V) Documentation in writing on either a separate form or the application to become a foster parent form, signed by the foster parents, that to the best of their knowledge they have not appeared upon a child abuse/neglect registry in Wyoming or states of previous residence.
(Vi) Documentation in writing on either a separate form or the application for employment and signed by the foster parents that the foster parents 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.
Section 3. Specialized Foster Care. Family foster care for children with special physical, emotional, psychological or social disabilities that provides care on a 24-hour basis for not more than three children excluding the foster parents' own children.
(a) Services to be provided:
(i) Room and board;
(ii)
Parental supervision in accordance with a case plan developed by the placing agency;
(iii) Medical and dental care shall be available to all children as needed and documented in the case plan.
(A) Objectives with a stated time-frame that relate to the resident's problems and unmet needs.
(B) Plans for meeting the objectives.
(C) Identification of the individuals or agencies responsible for carrying out each part of each plan.
(D) Method of evaluating progress.
(E) Participation in identifying the need for professional services and cooperation with professionals in assuring the keeping of appointments and carrying out of professional recommendations.
(b) Educational qualifications: academic, specialized training or experience in the area of a child's disability.
(c) other qualifications:
(i) All the requirements as listed for family
foster care;
(ii) Abilities and skills to work within the community's service and educational systems in developing and implementing the treatment plan.
(d) Specialized foster parents must provide:
(i) Refer to information that must be provided for family foster care in Section 1(d);
(ii) Documentation of special training, education and experience;
(iii) Documentation in writing on either a separate form or the application for employment form, signed by the foster parents, that to the best of their knowledge they have not appeared upon a child abuse neglect registry in Wyoming or states of previous residence;
(iv) Documentation in writing on either a separate form or the application for employment and signed by the foster parents that the foster parents 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.
(e) Children accepted for this service are under the age of 19 at the time of placement and are determined by a social worker or other professional qualified to evaluate, assess and diagnose the specific handicapping condition for which specialized foster care is being considered. The children:
(i) Are unable to receive the care needed in
their own home or in family foster care;
(ii) Require a specially designed program of services providing a consistent treatment program in
accordance with their needs but with less structure than that of a residential treatment setting;
(iii) Are able to function in and benefit from the educational programs provided within the local school district.
(f) The placing agency shall be in regular telephone contact with the foster parents and make monthly in-person visits that include contact with the child, in order to assure that the treatment plan is in effect and all aspects of community services that have been identified as resources for the child are being utilized.
Section 4. Crisis Centers. A group home setting for not more than 10 children may exceed on emergency basis) including staff's own children ages 10 through 18 years. An emergency should not exceed a 48-hour period, and home should never exceed by more than three its licensed capacity. Crisis services are for 30 days or less. The age limits apply to children unrelated to the operators of the crisis facility.
(a) Services to be provided are:
24-hour awake, on-duty staff supervision;
(ii) Medical and dental care shall be available to all children as needed and documented in the case plan;
(iii) A living arrangement made available as an alternative to secure detention for the non-violent juvenile;
(iv) Shelter for juveniles aged 10 through 18;
(v) Shelter for juveniles requiring a diagnostic assessment;
(vi) Shelter for juveniles awaiting a permanent placement or non-violent juveniles awaiting trial;
(vii) Placement:
(A) Parental placement shall include written consent for the placement and emergency psychological and medical care signed by the parent; or
(B) Agency or medical placement shall include a court order, in accordance with W.S. 14-6-206. Emergency psychological and medical care shall be given consideration in the placement; or
(C) Self-referral placements shall be reported to the court and county attorney promptly and to local D-PASS office on the next working day;
(D) Voluntary placements by parents or guardians shall not require a court order.
(viii) Within 72 hours, family, agency and education resources should be identified, and initial planning begun toward moving the child to a more permanent setting. Additionally, the following information shall be obtained:
(A) Child's identity;
(B) Name and address of the child's parents or legally responsible party;
(C) Medication the child is taking;
(D) Special medical needs.
(ix) The crisis center's policies and procedures shall document which staff reviews admission information and makes admissions;
(x) The crisis center shall provide orientation for new children. This shall be documented and a copy of the center's house rules signed by the child shall be placed in the child's record.
(xi )
A record shall be maintained for each child admitted. The admission record is to include:
or individual;
(A) Child's immediate needs;
(B) Name of referral source, placing agency
(C) Date and time of placement;
(D) Reason for emergency placement;
(E) Description of the child's condition as observed by the intake worker. This shall include notation of the child's response to the placement;
(F) The child's name;
(G) Date of birth;
(H) Place of birth;
(I) Sex;
(J) Religion (if known):
W Race;
(L) Names and addresses of parents, brothers and sisters;
(M) Names of others who have a significant relationship with the child;
(N) Child's special needs (i.e., medical, emotional, educational); (0) Parental signed release for emergency medical treatment. if a parental release is unavailable, obtain a release by the agency or individual who has legal custody;
P) Discharge planning and anticipated discharge date.
(b) Educational qualifications: prior to certification, the program executive director shall provide verification that he has a baccalaureate degree in social work or related human service field and two years experience in the human services field.
(c) The executive director shall provide verification of the following:
(i) All staff shall complete within three months an orientation program that includes:
(A) The overall philosophy and goals of the facility;
(B) All components of the facility's program;
(C) Emergency and crisis procedures;
(D) Acceptable behavior and crisis management strategies;
(E) The overall importance of the supervision and safety of children.
(ii) All staff working with children receive annually 20 hours in-service training related to children's services.
(iii) In-service training for staff working with children shall be documented. This shall include the date, the subject and the name of the person who conducted the training. This training record shall be incorporated within the employee's personnel file.
(iv) Child care and supervisory staff training in admission and referral procedures and in helping children with separation from parents and family.
(V) First-aid training for child care staff who are not licensed/certified health professionals. First-aid training received or scheduled shall be documented for child care staff.
(vi) First-aid training shall meet Red Cross standards and shall also include CPR training.
(d) The center shall document;
(i) Uncrowded conditions:
(A) The center shall have sufficient bedroom space to allow at least 75 square feet for the first occupant of a bedroom and 50 square feet for the second occupant.
(B) There shall be not more than four children to a bedroom.
(C) Unrelated children shall have an individual bed. Children of opposite sex shall not sleep in the same room and shall not share the same bathroom.
(D) Staff shall never share a bed with a child in care.
(ii) Well-repaired facility: existing in or around a facility that would the physical well-being of children shall be
any conditions be hazardous to eliminated;
(iii) The center shall provide the certifying authority with verification of compliance with fire and health inspections.
(e) The crisis center must provide:
(i) At least one awake staff member during the nighttime hours; or
(ii) There shall be one or more awake staff members present to provide direct care to any child(ren) in crisis or in need of supervision during the nighttime hours when needed or when a situation arises that would indicate the need for extra staff support; or
(iii) When a facility does not have an awake staff member during nighttime hours, the facility will have an operative alarm system. This alarm system will either be self-monitoring or will be monitored daily by staff to prevent tampering. The purpose of the alarm system will be
to monitor the movement of children within the facility.
(iv) Verification of the personal qualifications
of staff:
(A) Three references attesting to the potential employee's ability to care for children. The ref- erences shall be from individuals unrelated to the prospective employee who have personal knowledge of the person's ability to care for children.
(B) Documentation in writing on either a separate form or the application for employment form, signed by the staff that to the best of their knowledge they have not appeared upon a child abuselneglect registry in Wyoming or states of previous residence.
(C) Documentation in writing on either a separate form or the application for employment and signed by the staff that the staff has not been convicted within the preceding five years of any felony classified as an offense against the person or family, or 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
F rE 0 5 1991
ke ,
rehabilitation has occurred and provide documentation of such rehabilitation.
(v) Documentation that the program components include recreation, transportation and parental involvement as needed.
( Vi )
Documentation of the center's weekly schedule for its residents. The schedule shall be posted.
( f ) Children accepted for this service are 10 years of age or older at the time of placement and are determined to be:
(i) Unable to receive the parental care they need in their own homes and unable to maintain themselves in an independent living situation;
(ii) Able to participate in family and community life including school without danger to themselves or others;
(iii) Need the assistance of the placing agency and the center to stabilize their lives.
(g) Programs in which volunteers, student field placements or internships are utilized in direct service shall have written policies and procedures for the recruitment, selection, training, assignment, supervision and evaluation of volunteers or students.
(i) Responsibility for coordination of the volunteer and student program is assigned to a staff person.
(ii) Tasks and responsibilities assigned to volunteers and students are suited to their abilities.
(iii) Volunteers and students are formally oriented by staff to the agency's program, policies and procedures with special attention to issues of clients' rights and confidentiality.
(iv) Be subject to the character and reference checks the same as those performed for employment applicant.
(v) Be aware of and have input into the treatment plans for children they are working with directly and be briefed on any special needs or problems of these children.
(h) The agency shall have a governing body responsible for establishing its policies, determining its programs, guiding its development and providing its leadership.
it 6. $@, -1
(i) 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 payment or other consideration from another provider of services for the referral of any applicant or child to such provider of services.
(iii) Written agency policy prohibits the receipt of payment or other consideration to any service provider or other organization for any referral of any applicant for the agency's services.
(iv) The direct 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 in the assets or individually or as is involved in the sional services of ship and shall not no direct or indirect financial interest leases of the agency. Any member who part of a business or professional firm 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; written conflict of interest policies shall cover these issues.
( viii ) The agency must maintain written legal and fiscal policies and procedures that assure protection of the client.
(ix ) Ensure that no client shall, on the basis of religion, 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.
(x) 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.
(j) The agency shall be directed and managed in accord with formally established policies and procedures.
(i) All aspects of agency administration are the responsibility of the executive director.
(ii) The executive director's responsibilities include the development, coordination and administration of the agency's program of services.
(iii) Clear lines of accountability and authority exist at all levels of the agency's organization and administrative and service structures.
(iv) The policies and procedures of the agency are formulated and maintained in a way that promotes effective administration.
(v) The agency has a manual of personnel policies to guide it in all matters relating to employment.
Section 5. Detention Facility. A facility to provide temporary care to not more than 15 children in secure care, pending court disposition or execution of a court order for placement or commitment.
(a) Services to be provided are:
M Room and board;
(ii) Supervision by 24-hour awake, on-duty staff;
(iii) Restricted and supervised access to all entrances and exits;
(iv) Written agreement with agency or private providers for provision of all services within the facility;
Written agreement with agencies or private emergency psychological, medical and dental (V) Written agree providers for emergency psyc care available 24 hours a day;
(vi) Placement:
0
t. @ @ llu @01C,
(A) Placement may be made by law enforcement to protect the child's person or the person or property of others, or to prevent the child from leaving or being removed from the jurisdiction of the court.
(8) Placement may be made under court order directing detention.
(vii) A procedure for the search of children placed in detention shall be developed that must include consideration of the following factors:
(A) Other than visual inspection of the mouth, no search of residents shall be conducted by a person of the opposite sex.
(B) Strip searches shall be performed only when there is probable cause to believe that weapons or contraband will be found.
(C) Body cavity searches shall be performed only when there is probable cause to believe that weapons or contraband will be found.
(I) With the exception of the mouth, during all body cavity searches performed visually, at least two personnel of the same sex as the youth being examined
shall be present.
(II) With the exception of the mouth, all body cavity searches performed manually shall be done by medically trained personnel, such as a physician or a nurse. At least one member of the examining team must be a member of the same sex as the youth being examined. Searches shall not be done in front of other youth(s).
(III) Youth permitted to leave the facility or grounds temporarily shall be searched upon reentry.
(viii) The child shall remain in the detention facility no longer than 72 hours without a court order;
(ix) Written documentation for each child admitted shall include:
(A) Intake information, child's immediate needs;
(B) Name of referral source, placing
authority;
F` FE 1@1 6, i4AI
(C) Name and address of child's parents;
(D) Date and time of placement;
(E) Reason for placement in detention facility;
(F) Description of the child's condition as observed by the intake worker. This shall include notation of the child's response to the placement;
(G) Medication the child is taking;
(H) Special medical needs;
(I) Parental signed release for emergency medical treatment. If a parental release is unavailable,
obtain a release by the person or agency who has legal custody.
(x) The detention facility shall document which staff reviews admission information and makes admission;
(xi) The detention facility shall provide orientation for new children within the first 72 hours. This shall be documented and a copy of the facility's house rules signed by the child shall be placed in the child's record;
(xii) A record shall be maintained for each child admitted that includes:
(A) Admission information;
(B) The child's name, date of birth, place of birth, sex, religion (if known), race, names and addresses of parents, brothers and sisters, names of others who have a significant relationship with the child, child's special needs (i.e., medical, educational), discharge planning and discharge date.
(b) Educational qualifications:
M Prior to certification as a detention facility, the program director shall provide the certifying authority with verification that he has a baccalaureate degree in criminal justice, social work, psychology, sociology or related human service field and at least two years experience in law enforcement or human services.
(ii) All staff shall complete an orientation program that includes:
F IEB @ 10'&
facility;
gram;
(A ) The overall philosophy and goals of the
(B) All components of the facility's pro-
(C) Emergency and crisis procedures;
(D) Acceptable behavior and crisis management strategies;
(E) The overall importance of the supervision and safety of children.
(iii ) All staff working with children shall receive annually 20 hours in-service training related to children Is services, passi ve restraint and controlling aggressive behaviors.
(iv) In-service training for staff working with children shall be documented. This shall include the date, the subject and the name of the person who conducted the training. This training record shall be incorporated with the employee's personnel file.
( V ) Child care and supervisory staff shall be trained in admission and referral procedures and in helping children with acceptance of the detention setting.
( vi ) First aid training is required for child care staff who are not licensed/certified health professionals. First aid training received or scheduled shall be documented for child care staff.
( vii ) Documentation in wri ting on either a separate form or the application for employment form, signed by the staff, that to the best of their knowledge they have not appeared upon a child abuse/neglect registry in Wyoming or states of previous residence.
(viii) Documentation in writing on either a separate form or the application for employment and signed by the staff that the staff has not been convicted within the preceding five years of any felony classified as an offense against the person or family, or 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.
(ix ) All staff members shall have a current TB test at the time of application for certification. As new
staff members are hired, they shall provide verification of a current negative TB test to be maintained in their personnel files. TB tests are considered current if obtained within the year prior to application or hiring.
(A) If there are any obvious health concerns for any staff members, it shall be the prerogative of the certifying authority to request further information.
(c) Other qualifications:
M Uncrowded conditions:
(A) The facility shall have sufficient bedroom space to allow at least 35 square feet for each occupant of a bedroom,
(B) There shall be no more than two children to a bedroom.
(C) Children in detention care shall have an individual bed. Children of opposite sex shall not sleep in the same room.
(ii) Well-repaired facility: conditions existing in or around a facility that would be hazardous to the physical well being of children shall be eliminated;
(iii) The facility shall provide the certifying authority with verification of compliance with fire and sanitation standards;
(iv) Architectural security precautions: the facility may elect to install fine-mesh security screen in bedroom windows that does not obscure daylight or views, doors of solid wood or hollow metal;
(v) Time-out room:
(A) Statement of purpose and policy:
(1) A child may be confined in a time-out room only during periods of crisis or emergency for the child, when the child is a danger to himself or others, the child is beyond control, all other reasonable means to control or calm the child have failed and the child's welfare or the welfare of others require that the child be confined. Confinement is not to be used for punishment and shall not exceed two hours.
(11) A facility that operates a time-out room shall have a written statement of purpose and
F,je ! 19 IA
policy that describes: the philosophy and use of the room, the intake process, the evaluation of a child while in the room emergency procedure while in confinement and method for juvenile's grievance regarding the use of the room.
(B) Staff requirements in time-out rooms:
(I) There shall be a time-out room supervisor who is a full-time staff member or a psychologist or psychiatrist licensed to practice medicine in Wyoming, and is designated and trained to be responsible for the use of the time-out room. If the time-out supervisor is not a psychiatrist or psychologist, there shall be such a person contracted with to provide consultation with the time-out room supervisor and staff.
(II) The facility that operates a time-out room shall appoint a neutral observer. The neutral observer shall not be the time-out room supervisor or the person who placed the child in the time-out room. The observer shall determine if the situation resulting in the confinement of a child in a time-out room merits such a decision. The observer may be a staff member of the facility or a human services professional contracted by the facility.
(III) The facility shall designate in its statement of purpose and policy for the operation of the time-out room which staff members shall be able to place a child within the time-out room. Staff members shall be from one or more of the following positions: administrator, assistant administrator, child care staff, social worker teacher, psychologist, psychiatrist or nurse. Designate@ staff members must be trained and supervised in the use of the time-out room.
(IV) Persons specified to place a child in the time-out room shall have ongoing training and supervision that shall include at least the following regarding the use of the time-out room: the purpose and policy, legal ramifications of placing a child in the timeout room, the role of the neutral observer, dynamics of behavior of children when in confinement, safe methods of getting the child to the time-out room, methods of searching a child when placing a child in the time-out room, safety of the child and staff, emergency procedures including first aid and fire protection, and the protection of keys for the time-out room.
(C) Placement of a child in a time-out
room:
T @.q, @@ I
(I) At the time of admission of a child to a facility that has a time-out room, the person or agency holding legal custody of the child shall be informed of the use of the time-out room and shall be asked to sign a permission for the child to be placed in the time-out room if it is deemed necessary pursuant to the agency policy. If this permission is unsigned, the child may not be placed in the time-out room.
(II) Prior to the placement of the child in the time-out room, the conditions for the use of the time-out room shall be detailed and justified in the written treatment plan, and the child shall be oriented to the room, the purpose of its use and type of behavior that might result in its use.
(III) At the time of placement of the child in the time-out room, all articles of potential harm to the child (e.g. sharp objects, belt, etc.) shall be removed from his person.
(IV) A child who is placed in the time-out room must be in a period of crisis, as when the child is violent or potentially destructive to such a degree that he is in imminent danger to himself or others as stated in (v)(AHI).
(V) Staff members designated in the agency policy may not place a child in the room for more than 15 minutes without approval from his superior, the time-out room supervisor or the facility administrator.
(VI) At the time of placement of the child in the time-out room, the neutral observer shall be notified.
(VII) There must be notification of another staff member who is currently on duty that a child has been placed in the time-out room and a record made of the episode that led to the child being placed in the timeout room.
(VIII) The light outside the entrance of the time-out shall be on when a child is locked inside the room.
(0) Recording - the following items shall
be recorded:
M Written report that states the child's name, time of day the child was placed in the timeout room, staff member who placed the child in the time-out room, staff member who was notified, and describes the following: the precipitating incident and the child's behavior before placement in the room, actions taken by staff members of a less restrictive nature to control, calm or contain the
child;
(11) During confinement, the following shall be recorded:
(1. ) An indication that the child was checked frequently, at least once every 15 minutes with the following notations: time, description of what the child was doing and initials of the person supervising;
(2. ) When the child was last given access to restroom facilities;
(3. ) When the child had opportunity for exercise;
(4.) When and what type of medications were given and by whom;
(5.) When the child's last staff contact occurred.
(111) Description of the resolution s and the child at the termination of and the behavior of the child as a re-
between staff members and the child at the use of the room and the behavior of sult of being in the time-out room;
(IV) Th e observable physical and emotional condition of the child when entering the time-out room and any change in the observable physical condition of the child when leaving the time-out room;
(V) An indication of the review by the neutral observer as to the appropriateness of confinement of the child in the time-out room.
(E) Review of use of time-out room:
(1) The record of use of the time-out room shall be reviewed daily by the time-out room supervisor and weekly by the facility administrator. If an individual child is placed in the time-out room more than three times in 72 hours or a maximum of five hours in 72 hours, the entire treatment plan for the child shall be reviewed. A person who meets the requirements of consultant to the time-out room supervisor and staff, as required by (v)(B)(1), must authorize any future use of the time-out room or other treatment for the child.
(11) If the same staff member places a child in the time-out room repeatedly, this shall be investigated by the time-out room supervisor.
(F) Physical requirements for a time-out
room:
(I) The time-out room shall be located in reasonable proximity to the living unit or other areas of activity. An adult staff member shall stay within a 12-foot radius of the time-out room when a child is locked inside the room.
(11) The time-out room shall be a minimum of 80 square feet in size.
(III) The time-out room shall be kept in a clean and sanitary condition.
(IV) All switches for light, heat and ventilation, as well as other electrical outlets, shall be outside the room. All switches shall be available only to the staff.
(V) There shall be no features by which a resident might injure himself within the time-out room such as utility pipes, cleaning equipment and materials, or mirrors.
(VI) Exterior windows are not recommended, but if there are window panes, they shall be of shatter-resistant material and have psychiatric screening.
(VII) There shall be an observation window on the door from which all parts of the room are visible for purposes of supervision. The window shall be made of shatter-resistant materials.
(VIII) There shall be a ventilating system that meets the Uniform Building Code requirements where applicable.
(IX) There shall be a system that detects products of combustion, is wired into a non-switch electrical outlet, and is out of reach of children.
M The time-out room shall be con-
constructed to meet all appropriate fire regulations.
(XI) The time-out room shall have a lighted, soothing environment. The child shall not be subjected to glaring lights. All lights shall be recessed
into the ceiling and shall be covered with a shatterresistant guard that is flush with the ceiling.
(XII) There shall be no more than one locked door between the child and the staff member.
(XIII) If the time-out room is soundproof, there must be an intercom system that is activated when a child is in the room.
(XIV) There shall be a light over the entrance of the time-out room that is lighted any time a child is locked in the room.
out room:
(I) The written approval of the local fire department or the State Fire Marshal and the State Department of Health and Social Services must be received prior to the initial use of the time-out room.
(II) The records of the use of the time-out room, the policy for operation of the room, the children's records, staff records and the room shall be open to staff members of the Department for inspection.
(III) There shall be an inspection by the fire department or the State Fire Marshal annually. The licensee shall retain a copy of the inspection report in the facility file.
(IV) If it is found at the time of inspection of the time-out room that the facility does not meet all the regulations for operation of the room, the Division staff member shall give written notice of specific deficiencies that shall be corrected. The residential child care facility shall cease confining any child in the timeout room until corrections are completed and authorization is given by the Division.
(d) The facility must provide:
(i) The direct care supervisory staff-child ratio of two staff for every 10 children during hours when the children are awake and one staff person for every 10 children when the children are sleeping. Staff ratio shall be increased when youth are seriously upset, agitated or depressed.
of staff:
(ii) Verification of the personal qualifications
F=95
(A) Three references attesting to the potential employee is 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.
(B) Verification that staff have not appeared upon a child abuse neglect registry in Wyoming or states of previous residence.
(C) The center shall maintain a list of emergency on-call staff whose qualifications, background and health status meet the same requirements as other full-time staff.
(1) if there are any obvious health concerns for any staff members, it shall be the prerogative of the certifying authority to request further information.
(D) Child care staff shall be over age 21 and under age 70.
(E) Verification that training and education relates to job description;
(iii) Documentation that the program components include recreation, transportation, parental involvement and aftercare.
(iv) Documentation of the center is weekly schedule for its residents. The schedule shall be posted.
(e) Children accepted for this service are under the age of 19 at the time of placement and are determined to be:
(i) In need of segregation from the community because they present a threat to community safety in the form of possible other offenses or because they may flee prosecution if released;
(ii) In need of supervision because their health or safety would be endangered if no supervision were provided, as in the case of physical impairment due to alcohol intoxication or the influence of a controlled substance.
(f) Programs in which volunteers, student field placements or internships are utilized in direct service shall have written policies and procedures for the recruitment, selection, training, assignment, supervision and evaluation of volunteers or students. rEs 5 1991,
(i) Responsibility for coordination of the volunteer and student program is assigned to a staff person.
(ii) Tasks and responsibilities volunteers students are suited to their abilities.
assigned to
(iii) Volunteers and students are formally oriented by staff to the agency's program, policies and procedures with special attention to issues of clients, rights and confidentiality.
(iv) Be subject to the character and reference checks similar to those required of employment applicants.
(v) Be aware of and have input into the treatment plans for children they are working with directly and be briefed on any special needs or problems of these children.
(g) The agency shall have a governing body responsible for establishing its policies, determining programs, guiding development and providing leadership.
(h) 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 payment or other consideration from another provider of services for the referral of any applicant or client to such provider of services. (iii) Written agency policy prohibits the receipt of payment or other consideration to any service provider or other organization for any referral of any applicant for the agency's services.
(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
l, -, r-, 1: l- 1)
toll@pv
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. Any member who individually or as 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. Written conflict of interest policies shall cover these issues.
(viii) The agency must maintain written legal and fiscal policies and procedures that assure protection of the client.
(ix) 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.
(x) 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.
(i) The agency shall be directed and managed in accordance with formally established policies and procedures.
(i) All aspects of agency administration are the
responsibility of the executive director.
(ii) The executive director's responsibilities include the development, coordination and administration of the agency's program of services.
(iii) Clear lines of accountability and authority exist at all levels of the agency is organizational, administrative and service structures.
(iv) The policies and procedures of the agency are formulated and maintained in a way that promotes effective administration.
(v) The agency has a manual of personnel policies to guide it in all matters relating to employment.
D
I @j@ IN
Section 6. Shelter/Group Home Care. A group setting for not more than 10 children, age 10 through 18 including the staff is own children, providing a planned period of substitute care and a planned program of group living, community experiences and specialized services for a small group of children.
(a) Services to be provided are:
(i) Room and board;
(ii) Supervision by 24-hour awake, on-duty staff;
(iii) Written agreement with agencies or private providers for emergency psychological and medical/dental care available 24 hours a day;
(iv) Counseling services shall be made available to all residents in accordance with the individual treatment plan. These services may be arranged, provided or purchased
by the provider;
(v) Placement:
(A) Parental placement shall include written consent for the placement and emergency psychological and medical care signed by the parent.
(B) Agency placement shall include written parental agreement for the placement or a court order directing placement and written consent for emergency psychological and medical care.
(C) Self-referral placements shall be reported to law enforcement and parents immediately and arrangements to place the child shall be made within 24 hours.
(D) Law enforcement placement shall include a court order or written parental consent for the placement and reasons for the placement in accordance with W.S. 14-6-205 and 206. Emergency psychological/medical care shall be authorized in the placement consent.
(vi) The shelter/group home's policies and procedure shall document which staff reviews admission information and makes admissions.
(vii) The shelter/group home shall provide orientation for new children within 72 hours. This shall be documented and a copy of the home's house rules signed by the child shall be placed in the child's record.
!o@:@ 51991,
(viii) A record shall be maintained for each child admitted that includes:
(A) Admission information to include:
M Child's name and immediate
needs;
(11) Child's date and place of birth, gender, race and religion (if known);
(III) Names and addresses of the child's parents or legally responsible party, as well as the names of others who have a significant relationship with the child;
(IV) Date and time of placement;
M Name of referral source, placing
agency or individual;
(VI) Reason for placement;
(VII) Description of the child's condition as observed by the intake worker, including notation of the child's response to the placement;
(VIII) Child's special needs, including medication the child is taking and any allergy to medication or food;
(IX) Parental signed release for emergency medical treatment. If a parental release is unavailable, obtain a release signed by the agency or individual who has legal custody. If not possible, document why not.
(B) Discharge
planning and
anticipated
discharge date.
(b) Educational qualifications:
(i) Prior to certification as a shelter1group home, the program director
shall provide the certifying authority with verification that he has a minimum of a baccalaureate degree and at least two years experience in human services.
(ii) All staff shall complete an orientation program that includes:
(A) The overall philosophy and goals of the
facility;
41 r i- It 5 1 4
4; il "#.; 1@
(B) All components of the facility is pro-
gram;
(C) Emergency and crisis procedures;
(D) Acceptable behavior and crisis management strategies;
(E) The overall importance of the
supervision and safety of children.
(iii) All staff working with children shall receive annually 20 hours in-service training related - to children's services.
(iv) in-service training for staff working with children shall be documented. This shall include the date, the subject and the name of the person who conducted the training. This training record shall be incorporated with the employee's personnel file.
(v) Child care and supervisory staff shall be trained in admission and referral procedures, child development, behavior management, passive restraint and control of aggressive behaviors.
(vi) First aid training is required for child care staff who are not licensed certified health professionals. First aid training received or scheduled shall be documented for child care staff.
(vii) First aid training shall meet Red Cross standards and shall include CPR training.
(c) Other qualifications:
(i) Uncrowded conditions:
(A) The home shall have sufficient bedroom space to allow at least 75 square feet for the first occupant of a bedroom, and 50 square feet for each additional occupant. Bedrooms in basements and above the first floor shall have direct access to the outside.
(B) There shall be no more than four children to a bedroom.
(C) Children shall have an individual bed. Children of the opposite sex shall not sleep in the same room and shall not share the same bathroom.
(ii) Well-repaired facility: conditions existing in or around a facility that would be hazardous to the physical well-being of children shall be eliminated.
(iii) The home shall provide the certifying authority with verification of compliance with fire and sanitation standards contained in other chapters of these rules.
(iv) Time-out room: A safe and secure individual room in which a child, 8 years old or older, may be temporarily confined. The facility shall have a written plan for dealing with children who are temporarily beyond control and are a danger to themselves or others. If the facility has a time-out room, the following rules shall apply:
(A) Statement of purpose and policy:
(1) A child is to be confined in a time-out room only during periods of crisis or emergency for the child, when the child is a danger to himself and/or others, the child is beyond control, 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 residential facility that operates a time-out room shall have a written statement of purpose and policy that describes the philosophy and use of the room, the intake, process, the evaluation of a child while in the room, emergency procedure while in confinement and method for a child's grievance regarding the use of the room.
(B) Staff requirements in time-out rooms:
M There shall be a time-out room supervisor who is a full-time staff member or a Wyoming licensed psychologist or a psychiatrist licensed to practice medicine in Wyoming, and is designated and trained to be responsible for the use of the time-out room. If the timeout room supervisor is not a psychiatrist or a psychologist, there shall be such a person contracted with to provide consultation with the time-out room supervisor and staff. (II) The facility that operates a time-out room shall appoint a review team which includes a neutral observer. The neutral observer shall not be the time-out supervisor or the person who placed the child in the time-out room. The review team shall determine if the situation resulting in the confinement of a child in a time-out room merits such a decision. The observer may be a staff member of the facility or a human services professional.
(III) The facility shall designate in its statement of purpose and policy for the operation of the
I
@ ES 6 191--I @
time-out room, which staff members may place a child in the time-out room. Staff members shall hold one or more of the following positions: administrator, assistant administrator, child care staff, social worker, psychologist, psychiatrist or teacher. Designated staff members must be trained and supervised in the use of the time-out room.
(IV) Persons specified to place a child in the time-out room shall have ongoing training and supervision that shall include at least the following regarding the use of the time-out room: the purpose and policy; legal ramifications of placing a child in the time-out room; the role of the neutral observer; dynamics of behavior of children when in confinement; safe methods of getting the child to the time-out room; methods of searching a child when placing a child in the time-out room; safety of the child and staff; emergency procedures including first aid and fire protection; and the protection of keys for the time-out room.
(C) Placement of a child in time-out room:
M At the time of admission of the child to a facility that has a time-out room, the person or agency holding legal custody of the child shall be informed of the use of the time-out room and shall be asked to sign a permission for the child to be placed in the time-out room if it is deemed necessary pursuant to the agency policy. if this permission is unsigned, the child may not be placed in a time-out room.
(II) Prior to the placement of the child in the time-out room, the child shall be oriented to the room, the purpose of its use and type of behavior that might result in its use.
(III) At the time of placement of the child in the time-out room, all articles of potential harm to the child (e.g. sharp objects, belt, etc.) shall be removed from his person.
(IV) A child who is placed in the time-out 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 and/or others as stated in (v)(A)M.
(D) The following items shall be recorded:
(1) Written report that states the child's name, time of day the child was placed in the timeout room, staff member who placed the child in the room,
staff member who was notified, and describes the following: the precipitating incident and the child's behavior before placement in the room, actions taken by staff members of a less restrictive nature to try to control, calm or contain the child;
the child's behavior before taken by staff members of a to control, calm or contain (II) During confinement, the following shall be recorded, if applicable:
N. ) An indication that the child was checked frequently, at least once every 15 minutes, with the following notations: time, description of what the child was doing and initials of the person supervising;
(2.) When the child was last
given access to restroom facilities;
opportunity for exercise; (3. ) When the child had
medications were given and by whom; (4.) When and what type of
(5.) When the child's last
staff contact occurred.
(III) 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 as a result of being in the time-out room;
(IV) The observable physical or mental condition of the child when entering the time-out room and any change in the observable physical condition of the child when leaving the time-out room;
M An indication of the review by the review team as to the appropriateness of confinement of the child in the time-out room.
(E) Review of use of time-out room:
(1) The record of use of the timeout room shall be reviewed daily by the time-out room supervisor and weekly by the facility administrator. If one child is placed in the time-out room more than three times in 72 hours or a maximum of six hours in 72 hours, the treatment plan for the child shall be reviewed and revisions made.
(F) Physical requirements for a time-out
room:
FEB ;) 1011
(1) The time-out room shall be located in reasonable proximity to the living unit or other areas of activity. An adult staff member shall be present when a child is placed inside the room.
(II) The time-out room shall be a minimum of 80 square feet in size.
(III) The time-out room shall be kept in a clean and sanitary condition.
(IV) All switches for light, heat and ventilation, as well as other electrical outlets, shall be outside the room. All switches shall be available only to staff.
M There shall be no features by which a resident might injure himself within the time-out room such as utility pipes, cleaning equipment and materials, or mirrors.
(VI) Exterior windows are not recommended, but if there are window panes, they shall be of shatter-resistant material and have psychiatric screening.
(VII) There shall be an observation window on the door from which all parts of the room are visible for purposes of supervision. The window shall be made of shatter-resistant materials.
(VIII) There shall be an adequate ventilation system, if applicable.
(IX) The time-out room shall be con-
constructed to meet all appropriate fire regulations.
(X) The time-out room shall have a lighted, soothing environment. The child shall not be subjected to glaring lights. All lights shall be recessed into the ceiling and shall be covered with a shatter-resistant guard that is flush with the ceiling.
(XI) There shall be no more than one
locked door between the child and the staff member.
(XII) If the time-out room is soundproof, there must be an intercom system that is activated when a child is in the room.
time-out room:
(G) Approvals necessary to operate the
(I) The written approval of the local fire department or the State Fire Marshal and the State Department of Family Services must be received prior to the initial use of the time-out room.
(II) The records of the use of the time-out room, the policy for operation of the room, the children's records, staff records and the room shall be open to staff members of DFS.
(III) There shall be an inspection by the fire department or the State Fire Marshal annually. The licensee shall retain a copy of the inspection report in the facility file and forward a copy to the Department of Family Services.
(IV) if it is found at the time of inspection of the time-out room that the facility does not meet all the regulations for operation of the room, the DFS staff member shall give written notice of specific deficiencies that must be corrected. The residential child care facility shall cease confining any child in the timeout room until corrections are completed and authorization is given by DFS.
(d) The home must provide:
(i) The direct care supervisory staff/child ratio of one staff for every five children;
(ii)
There shall be at least one awake staff member during the nighttime hours; or
(iii) There shall be a staff member present to provide direct care to any child in crisis or in need of supervision during the nighttime hours if needed.
(iv) When a facility does not have an awake staff member during nighttime hours, the facility will have an operative alarm system. This alarm system will either be self-monitoring or will be monitored daily by staff to prevent tampering. The purpose of the alarm system will be to monitor the movement of children within the facility.
(V) Staff ratios apply during the time children are present in the facility.
Verification of the personal qualifications
(Vi)
of staff:
(A) Three references attesting to the potential employee is ability to care for children. The
FEB 5 101
references shall be from individuals unrelated to the prospective employee who have personal knowledge of the person's ability to care for children.
(B) Documentation in writing on either a separate form or the application for employment form, signed by the staff, that to the best of their knowledge they have not appeared upon a child abuse/neglect registry in Wyoming or states of previous residence.
(C) Documentation in writing on either a separate form or the application for employment and signed by the staff that the staff member has 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 establish documentation of such rehabilitation.
(D) The home shall maintain a list of emergency on-call staff whose qualifications, background and health status meet the same requirements as other full-time staff. The number of people listed shall be sufficient to assure adequate staff/child ratio.
(E) All staff members shall have a current TB test at the time of the facility's application for certification. As new staff members are hired, they shall provide verification of a current negative TB test to be maintained in their personnel file. TB tests are considered current if obtained within the year prior to application or hiring.
(I) If there are any obvious health concerns for any staff members, it shall be the prerogative of the certifying authority to request further information.
(F) Full-time child care staff shall be over age 21, Part-time child care staff shall be a minimum of 19 years old.
(G) Verification that training and education relate to job description.
(H) Documentation that the program components include recreation, transportation and parental involvement.
(I) Documentation of the center's weekly schedule for its residents. The schedule shall be posted.
ff 1991
.B 5
(e) Children accepted for this service are under the age of 19 at the time of placement and are determined to be:
(i) Unable to receive the parental care they need in their own homes and unable to maintain themselves in an independent living situation;
(ii) Length of stay of children in the home shall be governed by the court and/or treatment plan;
(iii) Able to participate in family and community life, including school, without danger to themselves or others;
(iv) Effectively served in shelter/group home care with the level of supportive services available in the community in accordance with a case plan that shall state:
(A) Objectives with a stated time frame that relates to the resident's problems and/or unmet needs;
(B) Plans for meeting the objectives;
(C) Identification of the individuals or agencies responsible for carrying out each part of the plan;
(D) Method of evaluating progress.
(f) Programs in which volunteers or student field placements or internships are utilized in direct service shall have written policies and procedures for the recruitment, selection, training, assignment, supervision and evaluation of volunteers or students. These shall include the following:
(i) Responsibility for coordination of the volunteers/students;
(ii) Tasks and responsibilities assigned to volunteers/students are suited to their abilities;
(iii) Volunteers/students are formally oriented by staff to the agency is program, policies and procedures with special attention to issues of clients' rights and confidentiality;
(iv) They shall be subject to the same character and reference checks as those performed for employment applicants;
(V) They shall be aware of and have input into the treatment plans for children they are working with
directly and be briefed on any special needs or problems of these children.
(g) The agency shall have a governing body responsible for establishing its policies, determining its programs, guiding its development and providing its leadership.
(h) 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 payment or other consideration to any service provider or other organization for any referral of any child for the agency's services.
(iii) The direct referral (steering) of its applicants, children and their families to any private practice in which its staff or consultants may be engaged is prohibited by written agency policy.
(iv) It maintains a record of the ownership of all its properties and of all financial transactions it enters into with respect to such properties.
(v) Staff and consultants 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.
(vi)
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. Any member who individually or as 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. Written conflict of interest policies shall cover these issues.
(vii) The agency must maintain written legal and fiscal policies and procedures that assure protection of the children.
(viii) 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.
(ix) Ensure that all children and their families are informed of their rights 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.
(i) The agency shall be directed and managed in accord with formally established policies and procedures.
(ii) All aspects of agency administration are the responsibility of the executive director.
(iii) The executive director's responsibilities include the development, coordination and administration of the agency's program of services.
(iv) Clear lines of accountability and authority exist at all levels of the agency's organizational, administrative and service structures.
(iv) The policies and procedures of the agency are formulated and maintained in a way that promotes effective administration. ( V ) The agency has a manual of personnel policies to guide it in all matters relating to employment.
Section 7. Maternity Home Care. A group setting generally for minors of not more than 10 pregnant females that provides substitute care, emotional support, counseling and education during the pregnancy and assists the mother in planning for the birth of the child and subsequent aftercare.
(a) Services to be provided are:
(i) Room and board;
(ii) Supervision by 24 hour on-duty staff;
(iii) Staff ratios of one staff for every 10 residents during hours when the residents are awake and one staff person when the residents are sleeping;
(iv) Written agreement with agencies or private providers for emergency psychological and medical dental care available 24 hours a day;
ri- E ti 4 sot
( v ) Medical and dental care including education in the medical aspects of the pregnancy, prenatal, birth and postnatal medical care of mother and child to be provided by staff or through written agreement with agencies or private providers;
(vi) Counseling services shall be made available to all residents in accordance with the individual treatment plan. These services may be arranged, provided or purchased by the provider;
( vii ) Documentation that the program components include recreation, transportation, parental involvement and aftercare;
(viii) Documentation of the center's weekly schedule for its residents. The schedule shall be posted;
(ix) Placement:
(A) Parental placement shall include written consent for the placement and emergency psychological, medical care signed by the parent.
(B) Agency placement of a minor shall include either the written consent, etc. (as in (viii)(A)) or a court order directing placement, written consent for emergency psychological and medical care.
(C) Self-referrals shall include authorization for medical care that may be given pursuant to W. S. 14-1-101(a) and emergency psychological care.
(x) The maternity home's policies and procedures shall document which staff reviews admission information and makes admissions.
(xi) The maternity home shall provide orientation for new residents within 72 hours. This shall be documented and a copy of the home Is house rules signed by the resident shall be placed in the child's record.
(xii) A record shall be maintained for each resident admitted that includes:
(A) Admission information:
(I) Resident's name and immediate needs; (II) Resident's date and place of birth, sex, race and religion (if known);
,5,j,Q 5 -1q0 . .
(III) Names and addresses of resident is parents or legally responsible party, as well as the names of others who have a significant relationship with the resident;
(IV) Name of putative father;
(V) Date and time of placement;
(VI) Name of referral source, placing
agency or individual;
(VII) Reason for placement;
(VIII) Description of the resident's condition as observed by the intake worker, including notation of the resident's response to the placement;
(IX) Resident's special needs, including medication the resident is taking and allergy to medication or food;
(X) Parental signed release for emergency medical treatment. If a parental release is unavailable, obtain a release from the agency or individual who has legal custody.
(XI )
Medical status of pregnancy and anticipated date of delivery.
(B) Aftercare planning and discharge date.
(1) Name of physician and plan for
follow-up care.
(b) Educational qualifications:
(i) Prior to certification as a maternity home, the program director shall provide the certifying authority with verification that he has a minimum of a baccalaureate degree and at least two years of experience in social services, health care or other human services field.
(ii) All staff shall complete an orientation program that includes:
(A) The overall philosophy and goals of the facility;
(B) All components of the facility's pro-
gram;
(C) Emergency and crisis procedures;
(D) Acceptable behavior and crisis management strategies;
(E) The overall importance of the supervision and safety of children.
(iii) All staff working with residents shall receive annually 20 hours in-service training related to the medical and psychological aspects of pregnancy, child development, parenting, counseling and supportive techniques, assertiveness training, accessing financial and programmatic resources from social service agencies, and nutritional needs of the expectant mother.
(iv) in-service training for staff working with residents shall be documented. This shall include the date, the subject and the name of the person who conducted the training. This training record shall be incorporated within the employee's personnel file.
(v) First aid training and emergency delivery techniques are required for staff who are not licensed certified health professionals. Training received or scheduled shall be documented for program staff.
(A) First aid training shall meet the requirements of the Red Cross.
(B) CPR training shall also be required.
(C) All staff members shall have a current TB test at the time of application for certification. As new staff members are hired, they shall provide verification of a current negative TB test to be maintained in their personnel file. TB tests are considered current if obtained within the year prior to application or hiring.
(I) If there are any obvious health concerns for any staff members, it shall be the prerogative of the certifying authority to request further information.
(c) Other qualifications: Completed site visit or inspection by the certification unit documenting:
(i) Uncrowded conditions:
(A) The center shall have sufficient bedroom space to allow at least 75 square feet for the first occupant and an additional 50 square feet for each additional occupant of a bedroom. Bedrooms in basements and
8 5 10
FE
above the first floor shall have direct access to the outside.
(B) There shall be no more than two residents to a bedroom.
(C) Residents in maternity home care shall have an individual bed.
(ii) Well-repaired facility: conditions existing in or around a facility that would be hazardous to the physical well being of children shall be eliminated.
(iii) The home shall provide the certifying authority with verification of compliance with fire and sanitary standards as outlined in these rules.
(d) The maternity home must provide:
(i) The direct care supervisory staff/resident ratio of one staff for every 10 residents during hours when the residents are awake or sleeping. On-call staff shall be available immediately when a delivery is imminent.
(ii) Verification of the personal qualifications
of staff:
(A) Three references attesting to the potential employee's ability to work in maternity care. The references shall be from individuals unrelated to the prospective employee who have personal knowledge of the
(B) Documentation in writing on either a separate form or the application for employment form, signed by each staff member that to the best of their knowledge they have not appeared upon a child abuse neglect registry in Wyoming or states of previous residence.
(C) Documentation in writing on either a separate form or the application for employment and signed by each staff member 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.
(I) if there are any obvious health concerns for any staff members, it shall be the prerogative of the certifying authority to request further information.
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(iii) Documentation that the program components include education, activities, recreation and transportation;
(iv) Documentation of the center is weekly schedule for its residents. The schedule shall be posted.
(e) Residents accepted for this service are pregnant at the time and are determined to be:
(i) In need of separation from family or community to complete the pregnancy in a neutral
environment; and/or
(ii) In need of shelter and counseling to enable the expectant mother to reach an informed decision regarding relinquishment or keeping her baby.
(f) Programs in which volunteers/students are utilized in direct service shall have written policies and procedures for the recruitment, selection, training, assignment, supervision and evaluation of volunteers or students.
(i) Responsibility for coordination of the volunteers/students program is assigned to a staff person.
(ii) Tasks and responsibilities assigned to volunteers/students are suited to their abilities.
(iii) Volunteers/students are formally oriented by staff to the agency's program, policies and procedures with special attention to issues of clients rights and confidentiality.
(iv) Be subject to the character and reference checks similar to those performed for employment applicants.
(v) Be aware of and have input into the treatment plans for children they are working with directly and be briefed on any special needs or problems of these children.
(g) Adult resident rights - programs shall support and protect the fundamental human, civil, constitutional and statutory rights of each resident. Each resident shall:
(i) Receive treatment appropriate to her needs, which shall include the development of a treatment plan that periodically is reviewed and updated as needed; (ii) Have the right to initiate a grievance and a mechanism for requesting a review of the grievance;
60 -
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(iii) Be allowed access to their own records, subject to provision (h);
(iv) Be allowed to have visitors in areas suitable for a private visit subject to provision (h);
(v) Be allowed to send and receive mail without hindrance;
(vi) Be allowed to conduct private telephone conversations subject to provision (h);
(vii) Be allowed to wear their own clothing, to keep and use personal possessions, including toilet articles, unless the articles may be used to endanger their own or others I lives, and to keep and be allowed to spend their own money;
(viii) Be free from physical restraints and isolation except for emergency situations or when isolation or restraint is a part of a treatment program.
(h) A resident is rights subject to this provision may be limited or denied because of clinical contraindications. Such limitations or denials shall be fully documented in the resident's record and supported by a court order.
(i) The agency shall have a governing body responsible for establishing its policies, determining its programs, guiding its development and providing its leadership.
(j) 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 payment or other consideration from another provider of services for the referral of any applicant or client to such provider of services.
(iii) Written agency policy prohibits the receipt of payment or other consideration to any service provider or other organization for any referral of any applicant for the agency's services.
(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.
FEB' 10
(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. Any member who individually or as 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; written conflict of interest policies cover these issues.
(viii) The agency must maintain written legal and fiscal policies and procedures that assure protection of the client.
(ix) Insure 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.
(x) Insure that all clients are informed of their rights 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 (Chapter V of these rules).
(k) The agency shall be directed and managed in accord with formally established policies and procedures.
M All aspects of agency administration are the responsibility of the executive director.
M) The executive director's responsibilities include the development, coordination and administration of the agency's program of services.
(iii ) Clear lines of accountability and authority exist at all levels of the agency's organizational, administrative and service structures.
(iv) The policies and procedures of the agency are formulated and maintained in a way that promotes effective administration.
(v) The agency has a manual of personnel policies to guide it in all matters relating to employment.
Section 8. Residential Treatment Facility. A group setting for 11, and no more than 50 children, age six and above, who require a structured environment and treatment program.
(a) Services to be provided are:
(i) Room and board;
(ii) Supervision by 24-hour awake, on-duty staff. Night supervision (10 p.m. - 6:00 a.m.) shall be at a ratio of one staff for 16 children. Additional staff must be available at night if there are children with unusual problems. Day supervision shall be one staff for six children. Staff ratios are maintained whenever children are present in the facility or under the direct supervision of child care staff.
(iii) Evidence of an agreement plan with agencies or private providers for emergency psychological and medical and dental care available 24 hours a day.
(iv) Diagnostic and evaluation services provided, purchased or arranged. A written report of findings and recommendations shall be completed within 40 days of admission to the treatment facility. If an evaluation was completed by DFS or another treatment facility within 6 months prior to entry into the current program the prior evaluation may be used again. The evaluation shall include:
(A) Physical; (B) Family history and functioning; (C) Educational; (D) Social history; (E) Psychological information and testing;
(1) Diagnosis according to the current Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association;
(II) Prognosis;
(III) Treatment method;
(IV) Estimated length of stay; and
M Discharge plan.
(v) A counseling program providing counseling in accordance with the individual treatment plan. It may include individual, small group and/or large group counseling;
(vi) Placement:
(A) Parental, school district or agency placement shall include written consent or court order for placement and emergency psychological and medical care, and education records, signed by the parent or legal custodian.
(8) The residential facility shall ensure that a written placement agreement is completed. A copy of the placement agreement signed by all parties involved in its formulation shall be kept in the child's case record and a copy shall be provided to each of the signing parties. The signing parties shall include: the placing agency, or the agency or individual that maintains legal custody, the residential facility, the child and the parent(s) or legal custodian. The agreement shall be developed with the involvement of the child, the parent(s) and the placing agency. Where involvement of any of these is not feasible or desirable, the reasons for the exclusion shall be recorded. Included in the agreement shall be:
M A discussion of the child's and the parent's or guardian's expectations regarding:
(1. ) Family contact and involvement to include arrangements regarding family visits, vacation, mail, gifts and telephone calls;
(2. ) The nature and goals of care, including any specialized services to be provided;
(3. ) The religious orientation
and practices of the child;
(4. ) The anticipated discharge
date and plan.
(II) A delineation of the respective roles and responsibilities of all agencies and persons involved with the child and his family.
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(III) Arrangements as to the nature and frequency of reports to, and meetings involving, the parent(s) or guardian and referral agency.
(IV) A provision for notification of parent(s) or guardian and/or the placing agency in the event of authorized absences, medical or dental problems and any significant event regarding the child.
(C) The residential treatment facility shall accept a child into care only when the referring agency has provided a case plan, which includes documentation that a determination has been made that the child cannot be maintained in a less restrictive environment within the community.
(D) The residential facility's policies and procedures shall document which staff reviews admission information and makes admissions.
(E) The residential facility shall provide orientation for new children within 72 hours. This shall be documented and a copy of the facility's house rules signed by the child shall be placed in the child's record.
(F) A record shall be maintained for each child that includes:
Admission information to include:
(1.) The child's identity and immediate needs;
(2.) Name of referral source, placing agency and individuals;
M) Date and time of placement;
(4.) Reason for emergency
placement;
(5.) Description of the child's condition as observed by the intake worker, including notation of the child's response to the placement;
(6.) Name and address of the child's parents or legally responsible party;
(7.) Child's special needs, including medication the child is taking and allergy to medication or food.
(11) Placement agreement;
(III) All consents to obtain
information, treat the child, publicity, etc.;
(IV) Treatment plan;
(V) Progress notes;
(VI) Disciplinary actions;
(VII) All written correspondence relating to the child;
(VIII) Record of medication, restraint or secure confinement;
(IX) Parental signed release for emergency medical treatment. If a parental release is unavailable obtain a release from the agency or individual who has legal custody;
(X) Educational records.
M Prior to certification, the executive director shall provide verification that he has a baccalaureate degree in social work or related human services field or administration and has demonstrated success in operating programs.
Ni ) At least one regular full-time staff member shall have as a minimum a master is degree in social work or related field as verified by transcript or other proof to the certifying authority.
(iii ) Primary counseling staff shall have a minimum of a baccalaureate degree in the human services field and two years of experience providing mental health or related services.
(iv) The facility shall provide, purchase or arrange for services of a licensed psychologist or psychiatrist for case consultations and treatment of residents in accordance with needs identified in the individual treatment plans.
(v) Residential treatment facilities shall have a comprehensive written staff plan for the orientation, inservice training, supervision and evaluation of all staff members.
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(vi ) All staff working with children shall receive annually 25 hours in-service training related to children's services.
(vii ) All staff shall complete within six months an orientation program that includes:
(A ) The overall philosophy and goals of the facility;
(B) All components of the facility is pro-
program;
(C) Emergency and crisis procedures;
(D) Acceptable behavior and crisis management strategies;
(E) The overall importance of the supervision and safety of children.
(viii) In-service training for staff working with children shall be documented.
(ix) Professional child care and supervisory staff shall be trained in admission and referral procedures, child development, behavior management, passive restraint and controlling aggressive behaviors.
(x) First aid training is required for child care staff who are not licensed/certified health professionals. First aid training received or scheduled shall be documented for child care staff.
(A) First aid training shall meet the requirements of the Red Cross and shall include CPR training.
(c) Time-out room:
in which a child, 8 years old or older, may be temporarily confined. The facility shall have a written plan for dealing with children who are temporarily beyond control and are a danger to themselves or others. If the facility has a time-out room, the following rules shall apply:
A safe and secure individual room
M Statement of purpose and policy:
(A) A child is to be confined in a time-out room only during periods of crisis or emergency for the child, when the child is a danger to himself and/or others, the child is beyond control, all other reasonable means to control or calm the child have failed, and the child's
F E D f ahleft W
welfare or the welfare of those around the child demand that the child be confined.
(B) Each residential facility that operates a time-out room shall have a written statement of purpose and policy that describes the philosophy and use of the room, the intake process, the evaluation of a child while in the room, emergency procedure while in confinement, and method for resident's grievance regarding the use of the room.
(ii) Staff requirements in time-out rooms:
(A) There shall be a time-out room supervisor who is a full-time staff member or a Wyoming licensed psychologist or a psychiatrist licensed to practice medicine in Wyoming, and is designated and trained to be responsible for the use of the time-out room. If the timeout room supervisor is not a psychiatrist or a psychologist, there shall be such a person contracted with to provide consultation with the time-out room supervisor and staff.
(B) The facility that operates a time-out room shall appoint a review team which includes a neutral observer. The neutral observer shall not be the time-out supervisor or the person who placed the child in the time-out room. The review team shall determine if the situation resulting in the confinement of a child in a time-out room merits such a decision. The observer may be a staff member of the facility or a human services professional.
(C) The facility shall designate in its statement of purpose and policy for the operation of the time-out room, which staff members shall be able to place a child within the time-out room. Staff members shall be from one or more of the following positions: administrator, assistant administrator, child care staff, social worker psychologist, psychiatrist or teachers. Designated staff members must be trained and supervised in the use of the time-out room.
(D) Persons specified to place a child in the time-out room shall have ongoing training and supervision that shall include at least the following regarding the use of the time-out room: the purpose and policy, legal ramifications of placing a child in the time-out room, the role of the neutral observer, dynamics of behavior of children when in confinement, safe methods of getting the child to the time-out room, methods of searching a child when placing a child in the time-out room, safety of the child and staff, emergency procedures including first aid and fire protection and the protection of keys for the time-out room.
(iii) Placement of a child in time-out room:
(A) At the time of admission of the child to the facility that has a time-out room, the person or agency holding legal custody of the child shall be informed of the use of the time-out room and shall be asked to sign a permission for the child to be placed in the time-out room if it is deemed necessary pursuant to the agency policy. If this permission is unsigned, the child may not be placed in a time-out room.
(B) Prior to the placement of the child in the time-out room, the child shall be oriented to the room, the purpose of its use and type of behavior that might result in its use.
(C) At the time of placement of the child in the time-out room all articles of potential harm to the child (i.e., sharp objects, belt, etc.) shall be removed from his person.
(D) A child who is placed in the time-out 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.
(iv) The following items shall be recorded:
(A) Written report that states the child's name, time of day the child was placed in the time-out room, staff member who placed the child in the room, staff member who was notified, and describes the following: the precipitating incident and the child's behavior before placement in the room, actions taken by staff members of a less restrictive nature to try to control, calm or contain the child;
(B) During confinement, the following shall be recorded, if applicable:
(1) An indication of when the child was checked, but at least once every 15 minutes, with the following notations: time, description of what the child was doing, initials of the person supervising;
(11) When the child was last given access to restroom facilities;
(III) When the child had opportunity
for exercise;
(IV) When and what type of medications were given and by whom;
(V) When the child's last staff contact occurred.
(C) 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 being in the time-out room;
(D) The observable physical condition of the child when entering the time-out room and any change in the observable physical condition of the child when leaving the time-out room;
(E) Record of the review by the review team as to the appropriateness of confinement of the child in the time-out room.
(v) The record of use of the time-out room shall be reviewed daily by the time-out room supervisor and weekly by the facility administrator. If a child is placed in the time-out room more than three times in 72 hours or a maximum of six hours in 72 hours, the treatment plan for the child shall be reviewed, and revisions made if necessary.
(vi) Physical requirements for a time-out room:
(A) The time-out room shall be located in reasonable proximity to the living unit or other areas of
activity. An adult staff member shall be present when a child is placed inside the room and must remain in close proximity at all times.
(B) The time-out room shall be a minimum of 80 square feet in size.
(C) The time-out room shall be kept in a clean and sanitary condition.
(D) All switches for light, heat and ventilation, as well as other electrical outlets, shall be outside the room. All switches shall be available only to staff.
(E) There shall be no features by which a resident might injure himself within the time-out room such as utility pipes, cleaning equipment and materials or mirrors.
(F) Exterior windows are not recommended, but if there are window panes, they shall be of shatterresistant material and have psychiatric screening.
E @L, 1-@Jo@ VVI
(G) There shall be an observation window on the door from which all parts of the room are visible for purposes of supervision. The window shall be made of shatter-resistant materials.
(H) There shall be an approved ventilation
system.
(1) The time-out room shall be constructed to meet all appropriate fire regulations.
(J) The time-out room shall have a lighted, soothing environment. The child shall not be subjected to glaring lights. All lights shall be recessed into the ceiling and shall be covered with a shatterresistant guard that is flush with the ceiling.
(K) There shall be no more than one locked door between the child and the staff member.
(L) If the time-out room is soundproof, there must be an intercom system that is activated when a child is in the room.
( vii )Approvals necessary to operate the time-out
room:
(A) The written approval of the local fire department or the State Fire Marshal and the certifying authority must be received prior to the initial use of the time-out room.
(B) The records of the use of the time-out room, the policy for operation of the room, the children's records, staff records and the room shall be open to staff members of the Department of Family Services for inspection.
(C) There shall be an inspection by the fire department or the State Fire Marshal annually. The licensee shall retain a copy of the inspection report in the facility file and forward a copy to the Department of Family Services.
(D) If it is found at the time of inspection of the time-out room that the facility does not meet all the regulations for operation of the room, the Department of Family Services shall give written notice of specific deficiencies to be corrected. The residential child care facility shall cease confining any child in the time-out room until corrections are completed and authorization is given by DFS.
(d) Educational Program: a residential treatment program that has an on-grounds education program shall comply with all requirements of the Wyoming State Department of Education; and -
(i) Have a written description of lines of authority and other personnel relationships between staff of the educational program and that of the facility as a whole.
(e) The residential facility must provide:
(i) Verification of the personal qualifications
of staff:
(A) Three references attesting to the potential employee is 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.
(B) Documentation in writing on either a separate form or the application for employment form, signed by the individual, that to the best of their knowledge, they have not appeared upon a child abuse/neglect registry in Wyoming or states of previous residence.
(C) Documentation in writing on either a separate form or the application for employment and signed by the staff that the individual has 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.
(D) The residential facility shall maintain a list of emergency on-call staff whose qualifications, background and health status meet the same requirements as other full-time staff.
(E) All staff members shall have a current TB test at the time of the facility's application for certification. As new staff members are hired, they shall provide verification of a current negative TB test to be maintained in their personnel file. TB tests are considered current if obtained within the year prior to application or hiring.
If there are any obvious health concerns for any staff members, it shall be the prerogative of the certifying authority to request further information.
@H -3 I-', 1@
(F) Child care staff shall be over age of 21.
(G) Verification that training and education relates to job description.
(ii) Documentation that the program components include recreation, transportation, parental involvement and discharge planning;
(iii) Documentation of the center's weekly schedule for its residents. The schedule shall be posted.
(f) Children accepted for this service are under the age of 19 at the time of placement and are determined to be:
(i) In need of treatment away from the community because he presents a threat to himself, community safety or because he may flee prosecution if released, or cannot be served in a less restrictive setting;
(ii) In need of supervision because the child's health or safety would be endangered if no supervision were provided as in the case of physical impairment due to alcohol intoxication or the influence of a controlled substance.
(g) Programs in which volunteers or student field placements or internships are utilized in direct service shall have written policies and procedures for the recruitment, selection, training, assignment, supervision and evaluation of volunteers or students. These shall include the following:
(i) Responsibility for coordination of the volunteer/student program is assigned to a staff person;
(ii) Tasks and responsibilities volunteers/students are suited to their abilities;
assigned to
(iii) Volunteers/students are formally oriented by staff to the agency's program, policies and procedures with special attention to issues of clients' rights and confidentiality;
(iv) They are subject to the character and reference checks similar to those performed for employment applicants;
(v) They are aware of and have input into the treatment plans for children they are working with directly and are briefed on any special needs or problems of these children.
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(h) The agency shall have a governing body responsible for establishing its policies, determining its programs, guiding its development and providing its leadership.
(i) 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 payment or other consideration to any service provider or other organization for any referral of any applicant for the agency's services;
(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. 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. Written conflict of interest policies shall cover these issues;
Wii) The agency must maintain written legal and fiscal policies and procedures that assure protection of the client; (ix) 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;
(X) 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.
(j) The agency shall be directed and managed in accordance with formally established policies and procedures.
(i) All aspects of agency administration are the responsibility of the executive director.
(ii) The executive director's responsibilities include the development, coordination and administration of the agency's program of services.
(iii) Clear lines of accountability and authority exist at all levels of the agency's organizational, administrative and service structures.
(iv) The policies and procedures of the agency are formulated and maintained in a way that promotes effective administration. (v) The agency has a manual of personnel policies to guide it in all matters relating to employment.
(Vi) Ensure that all staff who work directly with the child in care shall have an opportunity for participation in a comprehensive planning process for the child. This planning process shall include educational planning and all other forms of service planning.
(vii) Maintain a system for routine daily communication among all staff members of the facility working directly with the children in care. The communication system shall include educational personnel and shall be designed to insure that all involved staff are informed of any of the following:
(A) Any changes in a child's case plan; (B) Significant incidents or accomplish-
ments;
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(C) Behaviors requiring staff intervention; (D) Forthcoming plans of possible
significance including planned home visits.
M Other Qualifications:
(i) Uncrowded conditions:
(A) The facility shall have sufficient
bedroom space to allow at least 75 square feet for the first occupant and an additional 50 square feet for each additional occupant of a bedroom. Bedrooms in basements and above the first floor shall have direct access to the outside.
(B) There shall be no more than four children to a bedroom.
(C) Children shall have an individual bed. Children of opposite sex shall not sleep in the same room and shall not share the same bathroom.
(D) Adequate space shall be provided for all phases of daily living, including recreation, privacy, group activities and visits from family, friends and community acquaintances.
(ii) Well-repaired facility: conditions existing in or around a facility that would be hazardous to the physical well-being of children shall be eliminated.
(iii) The facility shall provide the certifying authority with verification of compliance with fire and sanitary standards.
Section 9. Adoption Agencies. These are private non-profit agencies that provide pre-services or plan for adoptive home placements for children.
(a) Services to be provided are:
(i) Services to parents who are considering relinquishment of their child;
(ii) Study and screening process for adoptive home applicants;
(iii) Post placement supervision of adoptive home placements to adoptive families and post placement services to biological families;
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(iv) Post legal services to adoptees and their
families;
(V) An agency that provides a child placing service shall comply with the additional requirements of this section:
(A) Recruits and studies foster families adoptive homes and evaluates their suitability and the suitability of their homes for foster care placement or adoptive placements.
(8) All adoptivelfoster home studies shall be approved by the adoption agency director.
(C) Prior to the utilization of adoptive foster home, there shall be documentation of supervisory approval of the home that shall include the number, age and sex of the children for which the home is approved.
(I) The agency shall not place a child into a home until that home has been studied and approved by the agency.
(11) All agency adoptivelfoster home studies shall be updated each year or whenever a change is made in the conditions of approval.
(D) At the time the agency foster home is approved by the agency, the agency shall have a written agreement with the foster parents. At a minimum, this agreement shall specify:
(I) The financial agreement between the agency and the foster home;
(11) That the agency home shall not accept a non-relative child for 24-hour care from any source other than through the child-placing agency;
(III) The agency's right to remove the child at the agency's discretion;
(IV) That the child shall be released only with the consent of the agency;
(V) That visiting by the child's parents or relatives shall be arranged through the agency;
(VI) The agency is responsibility for regular supervision of the foster home;
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(VII) Agreements regarding visits of the child away from the home;
(VIII) That the foster parents shall notify the agency whenever they wish to take a foster child out of the state;
(IX) Both the agency and the foster parents shall have a copy of this agreement. A copy of this agreement shall be filed in the foster home record.
(E) Prior to finalization of an adoption supervisory visits shall be made to each adoptive home i@ which children are placed. These visits shall be recorded in the adoptive home record. Supervisory visits are not required for homes considered inactive by the agency and in which no children are placed. Adoptive homes shall be updated before additional placements are made.
(F) The certifying authority shall have the authority to visit and inspect agency homes of the childplacing agency at all reasonable times.
(b) Organization and administration:
(i) The agency shall define its purpose and maintain an updated and available statement of its purpose and description of its program of services.
(ii) The agency places children for adoption and provides post placement and supportive services for biological and adoptive families.
(iii) When adoptive home placements are made it shall be in compliance with the Wyoming Adoption Statute (W.S. 1-22-101 through Statute W.S. 1-22-115).
(iv) Relinquishments shall be accepted from both the biological mother and the putative father or the legal father in accordance with Wyoming Statute or state or international laws.
(V) Adoptive home files shall be maintained in a confidential manner.
(A) Final adoption records shall be kept sealed permanently and, opened only according to Wyoming Statute.
(Vi) When children are placed across state lines for the purpose of adoption, this shall be in accordance with the Interstate Compact on the Placement of Children.
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(vii) Inter-country adoptions must be in compliance with the rules and regulations of the Immigration and Naturalization Service.
(viii) The agency shall have a governing body responsible for establishing its policies, determining its programs, guiding its development and providing its leadership.
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(ix) The agency provides evidence of ethical conduct in operating its program of services as follows:
(A) 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.
(B) Written agency policy prohibits the receipt of payment or other consideration from another provider of services for the referral of any applicant or client.
(C) Written agency policy prohibits the receipt of payment or other consideration to any service provider or other organization for any referral.
(D) The direct 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.
(E) It maintains a record of the ownership of all its properties and of all financial transactions it enters into with respect to such properties.
(F) 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.
(G) 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. Any member who individually or as 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. Written conflict of interest policies cover these issues.
(X) The agency shall be directed and managed in accordance with formally established policies and procedures.
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(A) All aspects of agency administration are the responsibility of the executive director.
(B) The executive director is responsible include the development, coordination and administration of the agency's program of services.
(C) Clear lines of accountability and authority exist at all levels of the agency's organizational, administrative and service structures.
(D) The policies and procedures of the agency are formulated and maintained in a way that promotes effective administration.
(E) The agency has a manual of personnel policies to guide it in all matters relating to employment.
(F) The agency maintains a system of personnel records that include annual evaluation of staff performance.
(G) The agency maintains a record for each client accepted for care or service.
(xi) The agency shall be financially sound, manage its financial affairs prudently and commit itself to public disclosure to the degree possible under law.
(A) The agency obtains funding sufficient to operate its program of services it is committed to provide.
(B) The agency prepares annually a budget for allocating its funds.
(C) The agency receives, disburses and accounts for its funds in accordance with generally accepted financial practices.
(D) The agency demonstrates fiscal accountability through regular reporting of its finances and an annual audit.
(c) Education qualifications:
(i) Prior to certification as an adoptive agency, the executive director shall provide the certifying authority with verification that he/she has a minimum of a baccalaureate degree and two years experience in human services.
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(ii) Professional staff shall possess the following qualifications:
(A) A baccalaureate degree in social work, psychology, sociology or other human services field and two years experience in human services.
(iii) All staff shall complete an orientation program that includes:
agency;
(A) The overall philosophy and goals of the
(B) All components of the agency's program;
(C) Emergency and crisis procedures;
(D) Acceptable behavior and crisis management strategies.
(E) If there are any obvious health concerns for any staff members, it shall be the prerogative of the certifying authority to request further information.
(F) Documentation in writing on either a separate form or the application for employment form, signed by the staff that to the best of their knowledge, they have not appeared upon a child abuse/neglect registry in Wyoming or states of previous residence.
(G) Documentation in writing on either a separate form or the application for employment and signed by the staff that the staff 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.
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