Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 3 - GENERAL REQUIREMENTS › Section 3-10 - Background Checks

Current through July 13, 2024
(a) A Wyoming abuse
				and/or neglect Central Registry check, an abuse and/or neglect Central Registry
				check from any other state lived in for the past 5 years, and a finger print
				based national criminal history record check shall be completed for all
				employees (including employees who do not work directly with children), foster
				parents, and adoptive parents before they begin working in the facility. In
				cases where a child abuse and/or neglect registry request was made to another
				state and a denial of that request has been received, a notarized affidavit
				from the staff person shall be required, certifying to the best of his/her
				knowledge, he/she has not appeared upon a child abuse and/or neglect registry
				in the state of previous residence. These same checks are necessary for adult
				household members in the case of foster homes, adoptive homes, and facilities
				that are operated in an individual's home, including any new adult proposing to
				move into the foster home, adoptive home or facility operated in an
				individual's home. Background checks for any new adult proposing to move into
				the foster home, adoptive home or facility operated in an individual's home,
				shall be completed prior to the adult moving in.
(i) A person whose name appears on the
				Central Registry as substantiated must not be employed, approved for foster
				care, adoption or reside in any facility certified under these rules;
				and
(ii) A person with a criminal
				history record may not be employed, approved for foster care, adoption or
				reside in any facility certified under these rules if that person has been
				convicted or has 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; or
(VI) Physical assault;
(VII) Battery;
(VIII) Drug offense (within the last 10
				years);
(IX) Arson;
(X) Alcohol related offense (within the last
				10 years);
(XI) Domestic
				violence.
(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 a child; or
(V) Child endangerment or similar offense
				within the last five (5) years.
(C) Any other crime that causes the
				Department to be concerned for the safety or well-being of children or
				others.
(D) The organization shall
				determine if rehabilitation has occurred for individuals with criminal
				convictions outlined in (A[VI], [VII], [IX], [XI] and B[II], [V]) above that
				occurred more than five (5) years ago. The organization shall document its
				decision as to rehabilitation for any individuals that are to be employed or
				will reside in the facility or foster home or adoptive home and provide that
				information to the certifying authority prior to employing the person or
				allowing the individual to reside in the facility or foster home or adoptive
				home.