Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0019 - Schedule V - Controlled Substances › Chapter 4 - GENERAL REQUIREMENTS › Section 4-3 - Contested Case Proceedings

Current through July 13, 2024
(a) Before the
				provider, director, their staff, household member, substitute or volunteer
				assume responsibility for the 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 TB test results
				and risk assessment in accordance with Wyoming Department of Health
				recommendation;
(ii) Start date or
				date moved into home;
(iii) A child
				abuse/neglect Central Registry check which does not reveal any disqualifying
				information.
(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. Staff, household members,
				substitutes, and volunteers may not be employed or present in the facility if
				the background check indicates they have been convicted or have a pending
				deferred prosecution of a felony or misdemeanor or a substantiation involving:
(A) Felony:
(I) Abuse, neglect, abandonment, exploitation
				or endangering children or vulnerable adults;
(II) A sexual offense against a person or
				child; against a child;
(III)
				Allowing the commission of a sexual offense
(IV) Violence, including rape, sexual
				assault, physical assault, kidnapping, battery or homicide;
(V) A crime against a child or vulnerable
				adult;
(VI) Physical
				assault;
(VII) Domestic violence;
(VII) Battery;
(IX) Drug offense; or
(X) Arson.
(B) Misdemeanor:
(I) Violent misdemeanor committed as an adult
				against a child; or
(II) Violent
				misdemeanor including battery, physical assault, or domestic violence within
				the last five (5) years.
(C) Any other crime that causes the facility
				to be concerned for the safety or well-being of children or others.
(D) Prospective employees, disqualified
				staff, or household members may request a review of the accuracy and
				completeness of the criminal history to the Department within 10 days of the
				receipt of the disqualification notice, except when the provider or director is
				submitting an initial application.
(I)
				Verification of 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 and verification.
(III) The prospective employee, disqualified
				staff, or household members shall not be afforded the right to a Contested Case
				Hearing.
(E) Prospective
				employees, disqualified staff, or household members with a felony drug
				conviction or a conviction of misdemeanor physical assault, battery, or
				domestic violence within the last five (5) years, may request a review, within
				10 days of the receipt of the disqualification notice, of whether 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 provider or
				director.
(III) The prospective
				employee, disqualified staff, or household members shall not be afforded the
				right to an Contested Case Hearing.