049-4 Wyo. Code R. §§ 4-3 - Owner, Director, and Staff Requirements

(a) Before the owner, director, their staff, household member, employee, substitute or volunteer assume responsibility for children, provide direct care of children, work in the facility or move into the Family Child Care Home or Family Child Care Center, the following shall be on file:

(i) Current tuberculosis (TB) risk assessment on the DFS Child Care licensing form. If the results of the TB risk assessment indicates a person is at high risk for TB, the application shall include the results of a subsequent TB risk assessment and/or a TB test conducted by a licensed health care professional that shows no symptoms/risks or negative TB results. The risk assessment shall be on file prior to starting employment. If a TB test is required, the test shall be completed within one (1) month of employment start date. If the owner, director, staff, household member, employee, substitute or volunteer are exhibiting symptoms or if he/she tests positive, the person shall follow the licensed health care professional's direction and shall not be around the child care children until cleared;

(ii) Start date or date moved into home;

(iii) A Central Registry or child abuse/neglect check which does not reveal any disqualifying information shall be completed in Wyoming and in all states lived in for the past five (5) years for staff and all adult household members including any adult who intends to move into the home;

(iv) Completed National Sex Offender Registry check and state Sex Offender Registry checks for Wyoming and for each state the person has lived in for the past five (5) years for staff, household members, substitutes, and volunteers. A person shall not be employed or present in the facility if the Sex Offender Registry check(s) states the person is a registered sex offender.

(v) A full fingerprint based national criminal history record background check. A state criminal registry check for Wyoming and each state the person has lived in for the past five (5) years is also required. Staff, household members, substitutes, and volunteers may not be employed or present in the facility if the background checks indicate they have been convicted or have a pending deferred prosecution of a felony or misdemeanor involving:

(A) Felony:

(I) Abuse, neglect, abandonment, exploitation or endangering children or vulnerable adults;

(II) A sexual offense against a person or child;

(III) Allowing the commission of a sexual offense against a child;

(IV) Violence, including rape, sexual assault, physical assault, kidnapping, battery or homicide;

(V) A crime against a child (including child pornography) or vulnerable adult;

(VI) Physical assault;

(VII) Domestic violence;

(VIII) Battery;

(IX) Drug offense (within the last 10 years);

(X) Arson; or

(XI) Alcohol related offense (within the last 10 years).

(B) Misdemeanor:

(I) Violent misdemeanor committed as an adult against a child;

(II) Battery, physical assault, or domestic violence within the last five (5) years;

(III) A sexual offense against an adult or child;

(IV) Allowing the commission of a sexual offense against an adult or child;

(V) Child endangerment or similar offense within the last five (5) years; or

(VI) Drug or alcohol offense (within the last 5 years), excluding the first misdemeanor Driving Under the Influence (DUI).

(C) Any other crime that causes the Department to be concerned for the safety or well-being of children or others.

(D) Disqualified prospective employees, disqualified staff, or disqualified household members may request a review of the accuracy and completeness of the criminal history from the Department within 10 days of the receipt of the disqualification notice.

(I) An accurate and complete criminal history shall be submitted in conjunction with the request for a review.

(II) The Department shall review evidence of the inaccuracy or incompleteness of the record and render a decision within 20 days of the receipt of the review request. The results of the review shall be mailed to directly to the requesting party by certified mail. The owner or director shall be provided notice of whether the disqualified prospective employee, disqualified staff, or disqualified household member remains disqualified.

(III) The disqualified prospective employee, disqualified staff, or disqualified household members do not have the right to a Contested Case Hearing.

(E) If the disqualified prospective employee, disqualified staff, or disqualified household member has a felony drug conviction or a conviction of misdemeanor physical assault, battery, or domestic violence which occurred five (5) or more years ago, the individual may request a review, within 10 days of the receipt of the disqualification notice, to show evidence the individual has been rehabilitated. If the disqualified prospective employee, disqualified staff, or disqualified household member has a felony alcohol related conviction which occurred at least five (5) years ago, the individual may request a review, within 10 days of the receipt of the disqualification notice to show evidence the individual has been rehabilitated.

(I) Evidence of rehabilitation shall be submitted with the request for review.

(II) The Department shall determine if rehabilitation has occurred and provide notice to the owner or director and the requesting party.

(III) The disqualified prospective employee, disqualified staff, or disqualified household member do not have the right to a Contested Case Hearing.

(b) The owner, director and all persons who provide direct care to children or are used in staff:child ratios shall meet the training requirements required in Section 9 of this Chapter.

(c) The owner, director, all staff, household members, volunteers, substitutes or youth trainees coming in contact with the children in child care facilities shall demonstrate appropriate behaviors in the presence of children, including but not limited to: no profanity, no nudity, and no sexual conversations or contact.

(d) The owner or director is responsible for the actions of any staff, household member, volunteer, substitute or youth trainee who has contact with the children while the facility is operating.

(e) All staff, household members, substitutes, and volunteers shall complete child abuse/neglect Central Registry background checks and a National and state Sex Offender Registry check once a year, for Wyoming and each state the person has lived in the past five (5) years. These checks shall be kept current at all times, using the date the check was performed as the initial date, and repeated every year thereafter. An out-of-state abuse/neglect Central Registry background check for states lived in during the past five (5) years do not have to be repeated unless the person has lived in that state since the last check was performed. The Department may require a new child abuse/neglect Central Registry background check at any time for staff, household members, substitutes, and volunteers.

(f) All staff, household members, substitutes, and volunteers shall complete a full fingerprint based national criminal history record background check and a state criminal registry check for Wyoming and for each state the person has lived in the past five (5) years, every five (5) years. These checks shall be kept current at all times, using the date the check was performed as the initial date, and repeated every five (5) years thereafter. The Department may require a new full fingerprint based national criminal history record background check or a state criminal registry check for Wyoming and/or each state the person has lived in the past five (5) years at any time for staff, household members, substitutes, and volunteers.

(g) Staff, household members, substitutes, and volunteers shall not work in the facility when there are children present, if there is an open Child Protective Services (CPS), Child Care Licensing or Law Enforcement investigation which is directed at the individual for an allegation which causes Child Care Licensing concern for the safety and welfare of children. The facility shall report within 24 hours to Child Care Licensing when there is an open CPS or Law Enforcement investigation.

Notes

049-4 Wyo. Code R. §§ 4-3

Adopted, Eff. 10/7/2016. Amended, Eff. 3/24/2020. Amended, Eff. 2/2/2022.