049-3 Wyo. Code R. §§ 3-23 - Child and Family (Parent, Guardian) Rights
All organizations shall develop and maintain a child's rights policy that supports and protects the fundamental human, civil, constitutional, and statutory rights of all children. These rights shall include, but are not limited to, the following:
(a) Every
child and family shall have the right to be free from abuse, financial or other
exploitation, retaliation, humiliation and neglect;
(b) Every child and family shall have equal
access to services regardless of race, religion, ethnicity, sexual orientation,
disability, socio-economic status or gender;
(c) Every child and family shall have access
to services as applicable and as required by the Americans with Disabilities
Act,
42 USC §
12101
et seq.;
(d) Every child shall have access to
educational services per Wyoming State law, Title 25, Education;
(e) The dignity of every child and family
shall be recognized and respected in the delivery of services;
(f) Every child and family shall receive care
according to individual need;
(g)
To the greatest extent possible, service shall be provided within the most
appropriate and least restrictive setting;
(h) Every child and parent or legal guardian
shall reserve the right to request a service review;
(i) Every child shall have a right to
personal privacy and the organization shall allow privacy for each child when
not contrary to treatment and safety of the child; and
(j) The organization shall allow contact
(i.e. visits, approved gifts, mail and telephone calls) between the child and
his/her family. Contact with the family will observe the following guidelines:
(i) Contacts between the child and his/her
family shall be allowed while the child is in care unless:
(A) The rights of the parents have been
terminated by court order; or
(B)
Family contact is not in the child's best interest, as determined by the
child's treatment team and legal guardian, legal custodian or prohibited by
court order.
(ii) The
frequency of contact shall be based on the needs of the child, determined with
the participation of the child's parent and/or legal guardian, and organization
and shall be documented.
(iii)
Limits put on communications or visits shall be documented and communicated to
child and all staff.
(k)
A person may be excluded from visitation with the child if he/she:
(i) Has a past history of disruptive conduct
at the foster home or facility;
(ii) Appears to be under the influence of
alcohol or drugs; and/or
(iii)
Represents reasonable danger to the child, the foster family, or
facility.
(l) Children's
parent(s), legal guardian(s), and/or DFS caseworker's opinions and
recommendations shall be considered in the development of the ISPC and/or ITPC
and the organization shall develop and implement a policy describing how this
shall be accomplished. Parent(s), legal guardian(s) and/or DFS caseworker shall
be included and involved in progress meetings.
(m) There shall be written policy, procedure
and practice to ensure and facilitate children's access to the legal system, as
well as confidential contact with legal counsel, and spiritual
counsel.
(n) Children in substitute
care shall not participate as human subjects in research or experimental
projects.
(o) The organization
shall not place a child in a position of being forced to acknowledge his/her
dependency, delinquency, abuse and/or neglect, unless for treatment purposes
(e.g., during a therapeutic counseling session) and shall not exploit a child
in any way for organization gain (e.g. public statements of gratitude, fund
raising).
(p) The organization
shall not use reports or pictures from which children can be identified without
written consent from the child and the parents and/or legal guardian and DFS if
the child is in DFS custody.
(q)
Notification of Rights. There shall be documentation in each child's record
that he/she is familiar with his/her rights and have a signed a statement to
that effect, if age appropriate.
Notes
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