Wyo. Code R. 049-0033-2
Child Care Licensing
Chapter 2: Licensing Process
Effective Date: 04/21/2026 to Current
Rule Type: Current Rules & Regulations
Reference Number: 049.0033.2.04212026
(a) Any person who provides care for more than two (2) children is required to be licensed unless exempt under W.S. §§ 14-4-101 and 102. For a list of exemptions, visit the Department's website at Child Care - Wyoming Department of Family Services, https://dfs.wyo.gov/providers/child-care-2/who-needs-to-be-licensed/. If the exemptions are combined, the total number of unrelated children cannot exceed two (2) children unless all of the unrelated children are from one (1) immediate family unit and in the case of grandparents, the total number of children shall never exceed six (6).
(b) Owners who are legally exempt may request voluntary licensing.
(a) Information and resources on the child care licensing process shall be made available by the Department.
(b) Applications shall be submitted for new facilities and when there is a change in ownership or physical location.
(c) The following items are required to be submitted with a signed and dated application filled out in its entirety or within 30 days of the Department's receipt of a complete signed and dated application:
(i) Inspections and/or approval of state or local fire, sanitation, and zoning officials (where required);
(ii) Completion of the following background checks from all states lived in for the past five (5) years for staff and all household members 18 years of age and older residing in or moving into the facility that do not reveal any disqualifying information:
(A) Central Registry or child abuse/neglect check;
(B) Fingerprint based national and state criminal history record check;
and
(C) National and State Sex Offender Registry checks.
(iii) Documentation of completion of pre-service training in accordance with Chapter 11, Section 4(a);
(iv) A current list of members of the governing body (board of directors), owners and shareholders (if applicable) and their contact information; and
(v) A fee of $25.00.
(d) Within 30 days after an application has been filed, the Licenser shall conduct a scheduled inspection of the child care facility. The Licenser shall take action on the application by either the issuance of a one (1) year license, issuance of a provisional license, or denial of the application.
(e) If all required documentation is not received within 30 days of the date the Department receives the application, the application shall be denied.
(a) Upon receiving a license, the owner/director shall comply with the following:
(i) Shall admit the Department, Child Protective Services, Law Enforcement, Health, Fire, and any other relevant inspector;
(ii) Shall not make false statements or submit false documentation; and
(iii) Comply with all rules and corrective action plans.
(a) An owner or director shall provide a written notice or request to licensing as soon as the following changes are known:
(i) Name of the facility;
(ii) The director or members of the board of directors;
(iii) Changes in the classification or capacity;
(iv) Structural modifications, or changes to the use of the rooms approved for child care;
(v) Change of mailing address or phone number of the facility;
(vi) Change in household members, if located in a residence; and
(vii) Closure of the facility.
(b) Changes shall be effective when all required documentation has been received and/or inspection reports have been completed, or the date requested by the owner or director, whichever is later.
(a) A minimum of one (1) annual unannounced and one (1) annual announced licensing inspection is required of all facilities.
(b) Additional licensing visits, scheduled or unscheduled, may be conducted during the licensing year for compliance monitoring, technical assistance, investigations, or other types of inspections.
(c) Annual fire, food safety, and health/sanitation inspections are required in addition to the Department inspection. Local ordinances may require additional inspections.
(d) The primary purpose of inspections is to determine compliance with licensing rules, and inspections may include, but are not limited to:
(i) Examination and assessment of the entire facility, equipment, and records for compliance with licensing rules;
(ii) Measurement of available indoor and outdoor play space initially and with any change;
(iii) Investigation of a complaint;
(iv) Documentation and discussion of any licensing violations and provision of technical assistance; or
(v) Follow-up to determine if the facility has corrected all violations.
(a) A license may be issued for a new facility, for renewal of an existing license, or to change the existing license.
(b) A license shall be issued when the Department has reviewed all applicable inspection reports and program documents and determines that a facility:
(i) Is in compliance with the applicable Federal, State and local laws, rules and regulations unless a variance for an exception to a specific regulation has been approved by the Department;
(ii) Has no open investigations by Child Care Licensing, Law Enforcement, or Child Protective Services pending against the owner, director, staff, or household member; and (iii) Has resolved any determination of non-compliance from a prior or currently held license.
(c) Each license is issued for one year and for the address, owner, and child care facility named on the license. Licenses are not transferable or assignable.
(d) Two (2) or more licenses shall not be issued for the same, adjacent or shared locations unless the facilities operate independently of one another by:
(i) Not using shared or common equipment simultaneously; and
(ii) Maintaining all records and complying with all child care licensing rules independent from the same, adjacent or shared facilities.
(e) A copy of the license shall be prominently displayed in the facility.
(f) When a facility closes, relocates, or there is a change in ownership, the license shall be invalid.
(a) A provisional license, for a period not to exceed six (6) months, may be issued for an initial or renewal license, permitting operation of a child care facility when:
(i) The facility is unable to comply with all licensure requirements and standards, is making a good faith effort to comply, and is capable of compliance within a reasonable timeframe, as determined by licensing; and/or
(ii) Compliance with licensing rules is being monitored based on an approved corrective action plan (CAP).
(b) The Department may impose additional requirements or restrictions on a provisional license to ensure and maintain the safety of children. Additional requirements or restrictions may include, but are not limited to: reduced staff:child ratios, limits on the number of children in care, additional monitoring, or a Department-directed Prescribed CAP.
(c) A license for a one (1) year period shall be issued to replace a provisional license at any time full compliance is documented and/or monitoring is completed.
(a) The facility may submit a written request to the Department for a variance when the facility is unable to fully comply with a rule.
(b) The written request shall include:
(i) A compelling reason why the facility is unable to meet the rule requirement;
(ii) What accommodations the facility shall make to ensure the safety and well-being of children; and
(iii) How parents shall be informed of the variance.
(c) All requests for a variance shall be reviewed and approved or denied by the Department and the owner and/or director notified in writing.
(d) Variances shall be terminated at any time the safety and well-being of children is in jeopardy.
(e) Approved variances shall end upon the expiration of the current license or the date specified on the variance approval. A new request may be submitted to determine if continuation of the variance is appropriate.
(f) Approval of a variance request shall not be interpreted as permanently waiving compliance with these rules.
(a) At the time of the application, a licensing fee of $25.00 shall be submitted by all applicants.
(b) A renewal fee of $25.00 is due upon the expiration date of the current license or when a facility has submitted a request for a change in the renewal date.
(a) Renewal of an existing license shall be dependent upon submission of a request for renewal, payment of the renewal fee, a review of program documents and licensing, fire, and health inspection reports, and continued compliance with child care licensing rules.
(a) When a complaint is received, the complainant's contact information is requested as additional information may be needed.
(i) The identity of a complainant is not shared or made public.
(ii) Anonymous complaints are accepted.
(iii) If complaints relate to non-licensing issues (i.e., rates charged and hours of operation), the complaint is not accepted for investigation and the complainant may be referred elsewhere when appropriate.
(b) Licensing shall notify local Child Protective Services or the local law enforcement agency when it receives a complaint of child abuse or neglect involving a child care facility or household member. Complaints concerning child abuse or neglect shall not be investigated by licensing.
(c) Complaints involving violations of child care licensing rules may be investigated by Licensing. When appropriate, joint investigations shall be made with Child Protective Services, fire or health inspectors, or law enforcement.
(d) Upon completion of the investigation, Licensing shall make a finding of compliance or non-compliance with the rule allegation and shall notify the facility owner, director and/or Board Chairperson of the findings in writing.
(a) When non-compliance is documented during an inspection, a complaint investigation, or in response to a self-reported incident, the facility shall submit a Corrective Action Plan to licensing within ten (10) days.
(i) Dates for correction of non-compliance shall not exceed 30 days.
(ii) If the non-compliance is serious or places children’s safety at risk, immediate correction may be required.
(iii) If the non-compliance was immediately corrected, a plan to ensure continued compliance may be requested.
(b) The Department shall review, within ten (10) days after receipt, the program’s Corrective Action Plan (CAP) and shall approve, modify and approve, or disapprove the proposed Corrective Action Plan.
(c) The Department shall monitor the facility for implementation of the Corrective Action Plan within the approved completion schedule. Failure to abide by the Corrective Action Plan and/or completion schedule may result in a denial, revocation, or suspension of the license.
(d) Submission or approval of a Corrective Action Plan shall not preclude the Department from taking action on the license as provided in these rules.
(e) The Department may impose additional requirements or restrictions as interim steps between a CAP and revocation or suspension of a license for continued, willful or repeated non-compliance with these rules or applicable statutes. Additional requirements or restrictions may include, but are not limited to: reduced staff:child ratios, limits on the number of children in care, additional monitoring, a Department-directed CAP, or a provisional license. In determining the type of restrictions or additional requirement to impose, the Department will consider:
(i) The seriousness of the violation, considering the likelihood of death or serious harm, the severity of the harm, and the extent of the statutes, rules and/or regulations that were violated;
(ii) The diligence exercised by the program in identifying or correcting the violation;
(iii) The degree of cooperation exhibited by the program in the identification, disclosure, and correction of the violation; and
(iv) Any previous violations committed by the program.