Wyo. Code R. 049-0033-3
Child Care Licensing
Chapter 3: Denial, Revocation, Immediate Suspension or Suspension of License
Effective Date: 04/21/2026 to Current
Rule Type: Current Rules & Regulations
Reference Number: 049.0033.3.04212026
(a) The Department may deny, revoke, or suspend a license for reasons including, but not limited to:
(i) Violation of the applicable statutes or rules that has been willful, ongoing, numerous, or hazardous to the health or safety of children;
(ii) Any staff, household member, volunteer, employee, or substitute who:
(A) Has a criminal conviction or a pending deferred prosecution of a felony or misdemeanor as cited in Chapter 11, Section 3;
(B) At any time while child care children are present, on or off the facility premises or while transporting children, consumes or is under the influence of any substance that may impair their ability to care for children, including all alcohol and illegal drugs, or consumes or is under the influence of any substance that does impair their ability to care for children, including over-the-counter or prescription drugs;
(C) Is substantiated for the abuse/neglect of a child or vulnerable adult and has been placed on the Central Registry;
(D) Furnishes or makes a false statement or report to a Licenser;
(E) Fails or refuses to cooperate with an investigation, or interferes with an investigation;
(F) Knowingly makes a materially false statement in connection with a criminal background check;
(G) Fails to admit authorized representatives of the Department at any time the facility is open for operation, for the purpose of investigation, obtaining records, inspection or monitoring;
(H) Fails to comply with a Corrective Action Plan;
(I) Fails to provide, equip or maintain the child care premises in a safe and sanitary condition; or
(J) Fails to complete all required training;
(iii) Illegal drugs found on the premises of the facility, including any vehicle on the property, or in any vehicle that transports children;
(iv) Owner or director has been found in a legal proceeding to have committed fraud against the Department; or
(v) Failure to comply with the application and renewal process.
(b) When a child care license is to be denied, revoked, or suspended, the owner, director and board chairperson shall be notified by the Department in writing of the action being taken.
(c) A Notice of Revocation, Denial, or Suspension shall include the following:
(i) A summary of the laws, rules or regulations violated;
(ii) A statement of authority for the revocation, non-renewal or denial;
(iii) The effective date of the action;
(iv) The right to seek representation by a lawyer, friend, or relative;
(A) The Department shall not be responsible for any fees charged; and
(v) The penalty for unlicensed operation.
(d) A notice of revocation or non-immediate suspension of a child care license shall be sent to the parents of children currently attending the facility by the Department when an administrative hearing has not been requested.
(i) A complete list of parents with mailing addresses shall be supplied to the Department upon request. The notice to parents shall include the following:
(A) Name of facility;
(B) Name of the owner and director;
(C) Action being taken and the reason(s) for the action;
(D) Date the action shall be effective; and
(E) Resources to assist parents in locating other child care options (if available).
(a) Application by the same owner or director shall not be accepted for three (3) years following revocation of a child care license.
(b) Application by the same owner or director cannot be made following a second revocation.
(a) During an investigation by Child Care Licensing, Child Protective Services, and/or law enforcement, an immediate suspension shall be requested by the Licenser if it becomes apparent to an investigator that there is imminent danger and emergency action is required to protect the health, safety and/or welfare of children. Imminent danger in a child care is a situation that poses a serious threat to a child’s physical or mental health and requires immediate intervention, including but not limited to:
(i) Serious injury, death or risk of serious injury or death to a child on the premises;
(ii) Allegations of inappropriate contact with a child;
(iii) Staff or household member allowed to be present or work in the home or facility with a disqualified national criminal history, central registry abuse and neglect and/or sex offender check results;
(iv) Sanitation and health of the environment or food safety;
(v) Unsafe physical premises or equipment;
(vi) The owner/director’s inability and/or unwillingness to correct a dangerous situation; or
(vii) An open Child Protective Services (CPS), Child Care Licensing, Law Enforcement investigation, Department of Agriculture or Public Health investigation, or State Fire Marshal or local fire authority investigation which causes concern for the safety and well-being of children.
(b) The decision to suspend a license shall be made by the Administrator or designee for the Department following review of the investigative information.
(c) The Notice of Suspension shall include the following:
(i) A statement of authority for the suspension;
(ii) The suspension of a license is effective immediately;
(iii) The right to seek representation by a lawyer, friend, or relative;
(A) The Department shall not be responsible for any fees charged; and
(iv) The penalty for unlicensed operation.
(d) The Licenser or other Department designee shall hand deliver the Notice of Suspension and request a complete list of child care children with parental contact information.
(e) The Licenser or a Department designee shall provide immediate notification to all parents with children in care and remain on the premises until all children are picked up.
(f) The Department shall rescind the suspension if and when the need to protect the health, safety and/or welfare of the children in the child care facility no longer exists.
(g) The Department may initiate revocation proceedings during the suspension, if warranted.
(h) No action regarding a renewal shall take place while the facility's license is under suspension.
(a) An owner or director whose license is being denied, revoked, suspended, or who has received a notice of violation, may request a contested case hearing. The request and hearing process shall be conducted in accordance with the Department's Contested Case Hearing Rules which can be found on the Wyoming Secretary of State's website (https://rules.wyo.gov/) or the DFS Child Care Licensing website: https://dfs.wyo.gov/providers/child-care/licensing-rules/.
(i) In order for a contested case hearing request to be considered, the request shall be received by the Department within ten (10) days of the receipt of notice of the Department action and shall at a minimum include:
(A) The name, address and telephone number of the person requesting the hearing.
(B) The reason for the request, including the nature of the departmental action, order or determination being contested.
(b) If an owner or director requests a contested case hearing on an action to revoke the license, the owner or director may continue operating the child care facility pending the final administrative determination or until the license expires, whichever occurs first, unless the license is suspended. This subsection does not limit the actions the Department may take under W.S. 14-4-108. The Department may revoke a license to operate a child care center without first issuing a corrective action plan or simultaneously with a suspension if continued operation would jeopardize the health and safety of the children present.