reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0004 - Boys' School › Chapter 2 - GENERAL COMMITMENT › Section 2-8 - Emergency Transfer

Current through July 13, 2024
(a) A resident may
				be transferred to another state institution in an emergency when it is in the
				resident's best interest, or in the interest of other residents and/or the
				staff at the boys' school. An emergency shall exist if the resident:
(i) Evidences a substantial probability of
				physical-harm to himself as manifested by evidence of recent" threats of or
				attempt at suicide or serious bodily harm;
(ii) Evidences a substantial probability of
				physical harm to other individuals as manifested by a recent overt homicidal
				act, attempt or threat or other violent act, attempt or threat which places
				others in reasonable fear of serious physical harm to them; or
(iii) Evidences behavior manifested by recent
				acts or omissions that, due to mental Illness, he Is unable to satisfy basic
				needs for nourishment, essential medical care, shelter or safety so that a
				substantial probability exists that death, serious physical injury, serious
				physical debilitation or serious physical disease will imminently ensue, unless
				the individual receives prompt and adequate treatment for this mental
				illness.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0006 - Child Protection - Children & Family Services › Chapter 1 - GENERAL PROVISIONS › Section 1-1 - Authority

Current through July 13, 2024
These rules of the Department of Family Services are
				  promulgated pursuant to
				  W.S.
				  9-2-2104(a)(vii).
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0006 - Child Protection - Children & Family Services › Chapter 1 - GENERAL PROVISIONS › Section 1-2 - Purpose

Current through July 13, 2024
These rules are adopted to further the attainment of the
				  Department's statutory responsibility, pursuant to
				  W.S.
				  14-3-201 through
				  14-3-215, and W.S. W.S.
				  W.S.
				  14-3-401 through
				  14-3-440, relating to child
				  protective services in Wyoming, to assist in the administration of the
				  Department's programs, to protect the best interest of children and ensure
				  their safety, to further offer protective services when necessary in order to
				  reduce the risk of harm to the child or any other children living in the home,
				  to protect children from abuse or neglect which jeopardizes their health or
				  welfare, to stabilize the home environment , to preserve family life whenever
				  possible and, when children are removed from the home, to plan for the
				  children's permanency.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0006 - Child Protection - Children & Family Services › Chapter 1 - GENERAL PROVISIONS › Section 1-3 - Severability

Current through July 13, 2024
If any provision of these rules or the application thereof to
				  any person, program, service or circumstance is held invalid, the invalidity
				  shall not affect other provisions or applications of these rules. To the extent
				  that these rules can be given effect without the invalid provision, the
				  provisions of these rules are severable.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0006 - Child Protection - Children & Family Services › Chapter 1 - GENERAL PROVISIONS › Section 1-4 - Definitions

Current through July 13, 2024
(a)
"Abandonment"
means the
				child has been left without obvious behavioral, verbal, or written intentions
				of reclaiming the child.
(b)
				"
Abuse"
with respect to a child means inflicting or causing
				physical or mental injury, harm or imminent danger to the physical or mental
				health or welfare of a child other than by accidental means, including
				abandonment, excessive or unreasonable corporal punishment, malnutrition or
				substantial risk thereof by reason of intentional or unintentional neglect, and
				the commission or allowing the commission of a sexual offense against a child
				as defined by law.
(i)
"Abandonment"
means the child has been left without obvious behavioral, verbal, or
				written intentions of reclaiming the child.
(ii)
"Imminent Danger"
includes
				threatened harm and means a statement, overt act, condition or status which
				represents an immediate and substantial risk of sexual abuse or physical or
				mental injury, even when there are no signs of injury.
(iii)
"Malnutrition"
is
				inadequate nutrition as diagnosed by a licensed physician.
(iv)
"Mental Injury"
means an
				injury to the psychological capacity or emotional stability of a child as
				evidenced by an observable or substantial impairment in his ability to function
				within a normal range of performance and behavior with due regard to his
				culture. "Mental Injury" is also known as
"Psychological and Emotional
				Abuse. "
(v)
"Physical
				Injury"
means death or any harm to a child including but not limited to
				disfigurement, impairment of any bodily organ, skin bruising, bleeding, burns,
				fracture of any bone, subdural hematoma or substantial malnutrition. "Physical
				Injury" is also known as "Physical Abuse."
(vi)
"Sexual Abuse"
means the
				commission or allowing the commission of a sexual offense against the child as
				defined by law, which includes any sexual contact, sexual intrusion or sexual
				exploitation of a child by parents, caretakers, siblings, or other adults or
				children living in the home
(vii)
"Substantial Risk"
means a strong possibility as contrasted with a
				remote or insignificant possibility.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0006 - Child Protection - Children & Family Services › Chapter 1 - GENERAL PROVISIONS › Section 1-5 - Training and Certification of Child Protection Workers

Current through July 13, 2024
Child protective services workers must be trained in the area
				  of child abuse and neglect. Only staff who have completed the child protective
				  services certification will be assigned child protective services
				  responsibilities. Completion of the child protective services certification is
				  defined as having attended and passed the basic child abuse and neglect course.
				  However, a new worker may provide child protective services under the
				  supervision of a certified child protective services
				  supervisor/manager.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0006 - Child Protection - Children & Family Services › Chapter 1 - GENERAL PROVISIONS › Section 1-6 - Child Protection Teams

Current through July 13, 2024
The field offices shall encourage and assist in the creation
				  of multidisciplinary child protection teams within the communities in the state
				  in accordance with Wyoming statutes.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0006 - Child Protection - Children & Family Services › Chapter 1 - GENERAL PROVISIONS › Section 1-7 - State Child Major Injury/Fatality Review Teams

Current through July 13, 2024
(a) The Department
				shall establish and appoint members to a Multi-disciplinary Child Major
				Injury/Fatality Review Team whose membership shall consist of the following:
(i) Department representatives;
(ii) A representative from the Department of
				Health;
(iii) A
				pediatrician;
(iv) A representative
				of the mental health profession;
(v) A coroner;
(vi) A district court judge;
(vii) A representative of law
				enforcement;
(viii) A Guardian ad
				Litem or Court Appointed Special Advocate (CASA);
(ix) Representatives of other relevant
				professions.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0006 - Child Protection - Children & Family Services › Chapter 1 - GENERAL PROVISIONS › Section 1-8 - Local Child Major Injury/Fatality Review Teams

Current through July 13, 2024
(a) The District
				Manager shall identify a cadre from which a major injury/ fatality team will be
				selected to review each major injury/fatality on a local basis.
(b) The District Manager shall oversee the
				local review process including initial assessment of services to the family and
				support to staff.
(c) A report is
				prepared and submitted to the State Office of the Department of Family
				Services.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0006 - Child Protection - Children & Family Services › Chapter 2 - REPORTS OF SUSPECTED CHILD ABUSE OR NEGLECT › Section 2-1 - Reporting of Suspected Child Abuse or Neglect

Current through July 13, 2024
(a) Reports of
				suspected child abuse or neglect shall be made to any field office of the
				Department or to any law enforcement center at any time.
(b) Persons required to report child abuse or
				neglect:
(i) Any person who knows of or has
				reasonable cause to believe or suspect a child has been abused or neglected or
				who observes any child being subjected to conditions or circumstances that
				would reasonably result in abuse or neglect shall immediately report it to the
				child protection agency or local law enforcement agency or cause a report to be
				made.
(ii) If a person reporting
				child abuse or neglect is a member of the staff of a medical or other public or
				private institution, school, facility or agency, he shall notify the person in
				charge or his designated agent as soon as possible, who is thereupon also
				responsible to make the report or cause the report to be made. Nothing in this
				subsection is intended to relieve individuals of their obligation to report on
				their own behalf unless a report has already been made or will be
				made.
(iii) The name and
				identifying information of the person who reported the suspected abuse or
				neglect shall be kept confidential, except as required by law.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0006 - Child Protection - Children & Family Services › Chapter 2 - REPORTS OF SUSPECTED CHILD ABUSE OR NEGLECT › Section 2-2 - Intake/Verification

Current through July 13, 2024
(a) The report of suspected abuse or neglect
				is taken and entered into the Department's data system.
(b) All reports are screened to determine
				whether the allegations meet the statutory definitions of child abuse/neglect
				and are within the scope of Child Protective Services. The verification process
				will begin within twenty-four (24) hours after the office receives a complaint
				alleging abuse/ neglect and includes gathering sufficient information to enable
				the worker to:
(i) Identify and locate the
				child and the parent and/or caretaker;
(ii) Assess the seriousness of the situation,
				consider the urgency for response, and initiate the safety
				assessment;
(iii) Determine if the
				report requires special assignment. These reports are referred to management
				for assignment or rejection.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0006 - Child Protection - Children & Family Services › Chapter 2 - REPORTS OF SUSPECTED CHILD ABUSE OR NEGLECT › Section 2-3 - Assessment Track

Current through July 13, 2024
(a) The assessment
				process begins when the report of abuse or neglect is accepted.
(b) The Department shall review the initial
				intake report and confirm accuracy of the information contained in the report
				with reporter, when possible.
(c)
				The Department shall make in-person contact with the child and family within
				seven (7) calendar days. In-person contact may be extended if the caseworker is
				unable to make contact following good faith efforts.
(d) During the initial in-person interview
				with the child's custodial parent, guardian or legal custodian, the caseworker
				shall inform them that:
(i) The Department
				received a report and of the duty to assess the report;
(ii) The Department will assess the safety of
				the child;
(iii) The Department
				will refer for investigation if needed to protect the child from
				abuse/neglect.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0006 - Child Protection - Children & Family Services › Chapter 2 - REPORTS OF SUSPECTED CHILD ABUSE OR NEGLECT › Section 2-4 - Investigation Track

Current through July 13, 2024
(a) The
				investigative process begins when the report is accepted.
(b) The Department shall review the initial
				intake report and confirm accuracy of the information contained in the report
				with the reporter, when possible.
(c) It is recommended all investigations be
				teamed with law enforcement. In addition, the Department will immediately
				contact the appropriate law enforcement agency for assistance and consideration
				of criminal investigation or other action in cases including but not limited to
				the following types:
(i) Reports regarding a
				child who may have died as a result of abuse or neglect;
(ii) Reports in which imminent danger, sexual
				abuse, or major injury to the child is suspected;
(iii) Situations necessitating the removal of
				the child from the home.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0006 - Child Protection - Children & Family Services › Chapter 2 - REPORTS OF SUSPECTED CHILD ABUSE OR NEGLECT › Section 2-5 - Referral from Law Enforcement

Current through July 13, 2024
When law enforcement investigates alleged acts of abuse
				  and/or neglect without the Department, upon notification the Department shall
				  take the following actions:
(a) Review
				the law enforcement investigative report as part of the Intake/ Verification
				process;
(b) Assess the service and
				treatment needs of the victim and family;
(c) Coordinate needed services and assist law
				enforcement when requested;
(d)
				Substantiate or unsubstantiate abuse/neglect based on law enforcement's
				investigation as addressed in Section
				6.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0006 - Child Protection - Children & Family Services › Chapter 2 - REPORTS OF SUSPECTED CHILD ABUSE OR NEGLECT › Section 2-6 - Investigation Conclusion

Current through July 13, 2024
(a) Upon completion
				of an investigation of abuse or neglect, the Department shall make a final
				determination in a written report as to whether a child was abused or
				neglected. This determination shall be based upon whether the information and
				evidence gathered during the investigation constitutes credible evidence of
				child abuse or neglect.
(b)
				Allegations must be determined to be substantiated or unsubstantiated:
(i) When credible evidence of abuse or
				neglect has been determined, the allegation is substantiated.
(ii) Department staff shall substantiate all
				reports where a court has accepted a criminal plea of guilty or nolo contendre
				or a civil, juvenile or criminal court has made a finding that the alleged
				perpetrator committed certain acts that constitute abuse or neglect under these
				rules.
(iii) In the absence of
				credible evidence of abuse or neglect, the allegations and the investigation
				shall be unsubstantiated and the investigation closed. Services may be offered
				pursuant to Chapter 2, Section
				7.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0006 - Child Protection - Children & Family Services › Chapter 2 - REPORTS OF SUSPECTED CHILD ABUSE OR NEGLECT › Section 2-7 - Service Provision

Current through July 13, 2024
(a) The Department
				is responsible for providing child protective services to children and
				families. Services are provided in order to ensure safety, permanency, and
				well-being of children.
(b)
				Services may be offered at any time during the investigative or assessment
				tracks in accordance with the safety plan or the case plan. Service provision
				shall be based on keeping the child safe and lowering the level of
				risk.
(c) When the Department
				determines a report is substantiated, the parents or caretakers shall be
				offered services provided or arranged for by the Department. When the parents
				or caretakers are unwilling to accept services or when legal custody or
				guardianship through the Department is necessary to protect the child, the
				Department may seek court intervention.
(d) When the Department determines a report
				is unsubstantiated, services may be offered by the Department.
(e) When prevention services are deemed
				appropriate by the Department of Family Services, they may be provided if the
				family voluntarily accepts services.
(f) A written case plan shall be completed
				within sixty (60) days of out-of-home placement or thirty (30) days of the
				conclusion of the investigation or assessment, whichever occurs first, on all
				cases that remain open for services. A concurrent plan may also be developed.
				The case plan shall be based on:
(i) Safety
				assessment and plan;
(ii) Risk
				assessment;
(iii) Service needs of
				the child and family.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0006 - Child Protection - Children & Family Services › Chapter 2 - REPORTS OF SUSPECTED CHILD ABUSE OR NEGLECT › Section 2-8 - Case Closure

Current through July 13, 2024
Cases will be closed with supervisory approval and documented
				  in the Department's data system, and written notice will be provided to the
				  caretaker and any professional reporter. In substantiated cases, the Department
				  may conduct a follow-up visit.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0006 - Child Protection - Children & Family Services › Chapter 2 - REPORTS OF SUSPECTED CHILD ABUSE OR NEGLECT › Section 2-9 - Administrative Hearings

Current through July 13, 2024
(a) Following a
				determination of substantiation, an alleged perpetrator of abuse and/or neglect
				who is aggrieved by said determination may request an administrative hearing.
Requests for an administrative hearing shall be submitted in
				  writing within twenty (20) days of the date of the notice of the determination.
				  In those cases where criminal charges arising out of facts of the investigation
				  are pending, the request for review shall be made within twenty (20) days from
				  the court's final disposition or dismissal of the charges. If criminal charges
				  are filed after the request for hearing has been made but before the
				  administrative hearing is held, the hearing request will be dismissed and a
				  subsequent request may be submitted pursuant to the terms of this
				  subsection.
(b) An
				opportunity to discuss the issues and resolve the dispute shall be
				offered.
(c) If the dispute is
				resolved to the satisfaction of both parties, the person who requested the
				administrative hearing shall sign a statement withdrawing the request. If the
				dispute is not resolved, the matter shall proceed to hearing.
(d) Notwithstanding any other provision in
				this section, an alleged perpetrator is not entitled to an administrative
				hearing if the perpetrator has been convicted, adjudicated or there is a
				finding by a civil, juvenile or criminal court, or a consent decree whether by
				a plea of guilty, finding of guilt or a nolle contendre plea that the alleged
				perpetrator committed certain acts that the child protective act defines as
				abuse or neglect.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0008 - Child Care - Purchase of Service › Chapter 1 - CHILD CARE, PURCHASE OF SERVICE GENERAL › Section 1-1 - Authority

Current through July 13, 2024
W.S.
				  42-2-103(b)(xiv) and
				  W.S.
				  16-3-101 -106
et. seq.
authorizes the Department of Family Services (DFS) to promulgate rules and
				  regulations to be used by DFS in the discharge of its functions.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0008 - Child Care - Purchase of Service › Chapter 1 - CHILD CARE, PURCHASE OF SERVICE GENERAL › Section 1-2 - Purpose

Current through July 13, 2024
These rules are adopted to standardize DFS's purchase of
				  child care in Wyoming.
The Wyoming Child Care, Purchase of Service program is a
				  public assistance program for low income families who need child care services
				  in order to work or attend approved educational or training programs. Child
				  Care, Purchase of Services is funded through a federal block grant and with
				  state dollars.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0008 - Child Care - Purchase of Service › Chapter 1 - CHILD CARE, PURCHASE OF SERVICE GENERAL › Section 1-3 - Severability

Current through July 13, 2024
If any provision of these rules or the application thereof to
				  any person, program, service or circumstance is held invalid, the invalidity
				  shall not affect other provisions or applications of these rules. To the extent
				  that these rules can be given effect without the invalid provision, the
				  provisions of these rules are severable.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0008 - Child Care - Purchase of Service › Chapter 1 - CHILD CARE, PURCHASE OF SERVICE GENERAL › Section 1-4 - Definitions

Current through July 13, 2024
(a) "Adult" is a
				person age 18 or over, or a person under age 18 who meets the Wyoming
				emancipation laws.
(b) "Adverse
				action" is a process to terminate or reduce the child care benefits.
(c) "Anticipated income" is income which is
				expected to be received in the benefit month.
(d) "Applicant" is a person who expresses in
				writing a desire to receive assistance.
(e) "Application date" is the date a
				completed and signed application is received and date stamped in the
				DFS-FO.
(f) "Assistance unit" is
				one (1) or more children living with their parent(s)/caretaker(s).
(g) "Authorization" is issued to a
				parent/caretaker to show the child(ren) is eligible for child care assistance.
				The Child Care Authorization is assistance to the client, not assistance to the
				provider. The authorization shows:
(i) The
				maximum child care hours allowed by DFS;
(ii) The maximum payment DFS shall make;
				and
(iii) The parental obligation
				for a portion of the child care costs.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0008 - Child Care - Purchase of Service › Chapter 1 - CHILD CARE, PURCHASE OF SERVICE GENERAL › Section 1-5 - Application Process

Current through July 13, 2024
The following process shall be followed by the DFS-FO when an
				  applicant makes a request for Child Care assistance:
(a) A DFS application form shall be provided
				or mailed on request during regular business hours when a current application
				form is not on file in the DFS-FO.
(b) A signed application form shall be
				accepted by the DFS-FO and date stamped upon receipt during regular business
				hours.
(c) A face-to-face or
				telephone interview shall be required with the applicant who has not already
				had an application intake interview.
(d) A separate application shall be required
				for each assistance unit.
(e)
				Applicants shall be informed of their rights and responsibilities, program
				requirements and benefits.
(f)
				Applicants shall be provided with consumer information upon request concerning
				informed choices of quality child care.
(g) Applicants shall be provided with a list
				of licensed child care providers upon request.
(h) Applicants shall be informed concerning
				the provider licensing registration requirements and enrollment of providers
				for payment.
(i) Applicants shall
				be advised what verification or documents are needed to complete the processing
				of the application and provider enrollment and shall be given up to ten (10)
				days to furnish the information.
(j) A decision on the application shall be
				made within 30 calendar days of the application date.
(i) Payment for 30 days of licensed child
				care services shall be assured when the assistance unit appears to be
				presumptively eligible based on the parent(s)/caretaker(s)'s statement on the
				DFS application.
(ii) An
				application shall be approved when an applicant is found to be eligible and
				there is a child care need.
(iii)
				An application shall be denied when:
(A) An
				applicant is found to be ineligible or has failed to cooperate in establishing
				program eligibility, has withdrawn the application, died or cannot be
				located;
(B) The care was not
				provided by an approved provider; or
(C) There was not a child care need because
				the parent(s)/caretaker(s) was not working, attending an approved educational
				or training program or meeting POWER or E & T work requirements.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0008 - Child Care - Purchase of Service › Chapter 1 - CHILD CARE, PURCHASE OF SERVICE GENERAL › Section 1-6 - Applicant Rights

Current through July 13, 2024
(a) The applicant
				has a right to apply for child care assistance:
(i) Upon request and without delay during
				regular business hours at the DFS-FO in the county of residence on the
				prescribed form(s) obtained in person or by mail;
(ii) To be accompanied or represented by
				person(s) of his/her choice; and
(iii) To request and receive assistance in
				completing an application or obtaining required verification.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0008 - Child Care - Purchase of Service › Chapter 1 - CHILD CARE, PURCHASE OF SERVICE GENERAL › Section 1-7 - Program Responsibilities

Current through July 13, 2024
(a) Client
				responsibilities:
(i) Complete an application
				in the manner and form prescribed by DFS. The application shall:
(A) Be dated.
(B) Provide an answer to the questions asked
				on the application and provide verification to support the answers.
(C) Be signed in ink, under penalty of
				perjury, by the applicant or the applicant's representative.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0008 - Child Care - Purchase of Service › Chapter 1 - CHILD CARE, PURCHASE OF SERVICE GENERAL › Section 1-9 - Benefit Computation

Current through July 13, 2024
(a) The client or
				child care provider shall be required to use the method or form prescribed by
				DFS to report child care expenses and to submit it to DFS.
(b) All bills shall be reviewed for auditing
				purposes prior to authorizing payment for child care services.
(c) The following steps shall be used to
				determine the DFS payment level:
(i) Determine
				the type of child care provider.
(ii) Determine the actual charge for child
				care.
(iii) Compare the actual
				charge to the DFS market rate for the type of care used and the state maximum
				limit.
(iv) Authorize the payment
				based on the Department's directive on maximum payment.
(v) If the actual charge exceeds the local
				market rate or State limit, the client is responsible for the
				balance.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0008 - Child Care - Purchase of Service › Chapter 1 - CHILD CARE, PURCHASE OF SERVICE GENERAL › Section 1-10 - Benefit Period

Current through July 13, 2024
(a) Authorization
				begins with the date of the child care application, the date the approved
				activity begins, or the date the child first entered child care, whichever is
				later. The provider shall meet the provider eligibility requirements during the
				30 day client application processing time or during the client change of report
				period.
(b) When there is
				presumptive eligibility for child care assistance, payment shall be assured to
				a licensed child care facility for 30 days to allow for application processing.
(i) A notice of presumptive eligibility shall
				be issued to the provider within seven (7) working days from the date of
				application.
(ii) Child care
				assistance shall be authorized within 30 days from the date of application.
(A) If documentation of circumstances shows
				the assistance unit to be eligible, up to 12 months of child care shall be
				authorized from the date of application.
(B) If documentation of circumstances shows
				the assistance unit to be ineligible, only 30 days of child care assistance
				shall be authorized and the application shall be denied for continued
				assistance.
(iii)
				Authorization for assistance based on presumptive eligibility shall not be made
				more than once in a 12 month period.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0008 - Child Care - Purchase of Service › Chapter 1 - CHILD CARE, PURCHASE OF SERVICE GENERAL › Section 1-11 - Notification

Current through July 13, 2024
(a) Applicants of
				child care assistance shall be notified in writing within 30 days of the date
				of application the application has been approved and the amount and duration of
				the programs or the reason for denial of the application.
(b) Recipients of child care assistance shall
				receive written notice of action when benefits are reduced or terminated. The
				notice shall give the effective date and reason for the action.
(c) Written notice of reduction or
				termination of benefits shall be mailed to be received no later than the
				effective date of action or the date payment is made. The notice shall include
				the applicable legal citations and the recipient's rights to an administrative
				hearing.
(d) It is the client's
				responsibility to complete the Child Care Review prior to the expiration of the
				eligibility period to ensure continuity of benefits. DFS is not required to
				send reminder notices when the authorization or eligibility period is
				ending.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0008 - Child Care - Purchase of Service › Chapter 1 - CHILD CARE, PURCHASE OF SERVICE GENERAL › Section 1-12 - Good Cause

Current through July 13, 2024
(a) Good cause for
				changing child care providers more than six (6) times in a 12 month period
				shall be:
(i) The provider no longer provides
				child care services.
(ii) The child
				care provider is required to be licensed but is no longer licensed.
(iii) The provider is ill and unable to care
				for the child(ren) temporarily.
(iv) The child's special needs are not being
				met by the current provider.
(v)
				Imminent danger to the child.
(vi)
				Other factors as determined by DFS-District Manager.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0008 - Child Care - Purchase of Service › Chapter 1 - CHILD CARE, PURCHASE OF SERVICE GENERAL › Section 1-13 - Overpayment, Recovery or Fraud Referral

Current through July 13, 2024
(a) An overpayment
				claim shall be filed against an assistance unit when it is discovered the
				assistance unit received benefits to which it was not eligible.
(b) The overpayment shall be established from
				the date the overpayment occurred.
(c) An overpayment claim shall be filed
				against a child care provider when:
(i) The
				provider overcharged the agency.
(ii) The provider misrepresented or gave
				false information on the Bill for Child Care Services.
(iii) The provider hired a person as a
				substitute who did not meet the substitute definition.
(iv) The provider misrepresented the
				information on the Provider Registration Form and would not have been eligible
				as a child care provider.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0008 - Child Care - Purchase of Service › Chapter 1 - CHILD CARE, PURCHASE OF SERVICE GENERAL › Appendix A - Child Care, Purchase of Services Chapter One

Current through July 13, 2024
Sliding Fee Scale
Step1
Step 2
Step 3
Step 4
Step 5
Step 6
Maximum Income Eligibility Level as a Percent
							 of the Federal Poverty Level
100%
125%
150%
175%
200%
225%
The Sliding Fee Scale is used to determine the income
				  eligibility levels of the households and to establish the household's
				  co-payment. The Sliding Fee Scale maximum income eligibility level is a
				  percentage of the Federal Poverty Level for the size of household. Section
				  658P(4) of the Child Care and Development Block Grant Act of 1990, as amended,
				  provides that the maximum income eligibility level cannot exceed eighty-five
				  percent (85%) of the Wyoming Median Income based on family size. The scale
				  shall be adjusted annually no later than April 1st
				  when the Federal Poverty Level is made available for DFS.
The parental obligation (also known as co-pay) shall be
				  determined based on the calculation set forth in W.S. §
									
										42-2-103(f) and published in
				  the Wyoming Child Care and Development State Plan.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0008 - Child Care - Purchase of Service › Chapter 1 - CHILD CARE, PURCHASE OF SERVICE GENERAL › Appendix B - Child Care, Purchase of Services Chapter One

Current through July 13, 2024
Types of Income and Calculation Method
INCOME SOURCE
EARNED
UNEARNED
EXEMPT
NONEXEMPT
Accumulated vacation/sick leave
X
X
AmeriCorps living allowance
X
X
AmeriCorps child care allowance
X
X
College Work Study
X
X
In-kind wages
X
X
JTPA (not HS student)
X
X
JTPA (FT HS student < 18)
X
X
Jury duty
X
X
Sale of blood/plasma
X
X
Severance pay
X
X
U.S.D.A. food reimbursement
X
X
Vacation/sick pay
X
X
Wages, dependent child
X
X
Wages, tips, bonuses
X
X
Child care
X
X
Property income (working to produce)
X
X
Room and board
X
X
Sale of produce/animal byproducts
X
X
Self-employment
X
X
Adoption assistance
X
X
Alimony
X
X
Assistance from other programs, purpose covered by
							 POWER
X
X
Assistance from other programs, purpose not covered
							 by POWER
X
X
Burial fund income
X
X
Contribution to client
X
X
Death benefits (1 time only)
X
X
Disability insurance
X
X
Dividends/interest
X
X
DVR (not covered by POWER)
X
X
DVR (covered by POWER)
X
X
Emergency assistance
X
X
Foster care
X
X
General assistance
X
X
Gifts up to $50 per qtr.
X
X
Gifts - amount > $50 per quarter
X
X
HUD Escrow Acct (cash)
X
X
Indian judgment funds
X
X
Indian per capita
X
X
Inheritance (money)
X
X
Joint bank account
X
X
Loan - bona fide
X
X
Loan - non-bona fide
X
X
Military allotment
X
X
Mineral lease income
X
X
Pensions/retirement
X
X
Personal injury ins.
X
X
Private energy assistance
X
X
Prizes/winnings
X
X
Property income (not working to
							 produce)
X
X
RR retirement or UI
X
X
Royalty income
X
X
RSDI
X
X
Spousal support
X
X
SSI
X
X
UIB
X
X
Utility allowance by HUD
X
X
Utility allowance not from
HUD
X
X
Vendor payment
X
X
VA benefits
X
X
VA (GI bill) - portion used for
							 school
X
X
VA service connected disability
X
X
Victims compensation
Reimbursement
Lost wages
X
X
X
X
Volunteer under federal program at time of
							 application
X
X
Volunteer under federal program after receipt of
							 POWER
X
X
Windfalls
X
X
Workers' Compensation
X
X
Educational income/student financial
							 assistance
BIA grant
Guaranteed Student Loan
Natl Direct Student Loan
Non -title IV
Other non-federal
Title IV
PELL
Scholarships
SEOG
State Incentive Grant
VA grant for education
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0009 - Child Support Enforcement › Chapter 1 - AUTHORITY FOR RULES AND SEVERABILITY › Section 1-1 - Authority

Current through July 13, 2024
(a) Wyo. Stat. §
									
										9-2-2006 created the Wyoming Department of
				Family Services (DFS). The Child Support Enforcement Act (Wyo. Stat. §
									
										20-6-101 -112) requires DFS to establish a
				program in cooperation with the federal government pursuant to Title IV-D of
				the Social Security Act and applicable federal regulations to aid in:
(i) Enforcing support obligations owed by
				obligors to their children;
(ii)
				Locating obligors;
(iii)
				Establishing parentage;
(iv)
				Establishing child support obligations; and
(v) Reviewing and adjusting child support
				orders.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0009 - Child Support Enforcement › Chapter 1 - AUTHORITY FOR RULES AND SEVERABILITY › Section 1-2 - Severability

Current through July 13, 2024
If any provision of these Rules is declared unconstitutional
				  or contrary to federal or state laws or regulations, the remaining provisions
				  shall not be affected by the declaration.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0009 - Child Support Enforcement › Chapter 3 - ELIGIBILITY AND APPLICATION FOR SERVICES › Section 3-1 - Eligibility for Services

Current through July 13, 2024
(a) As provided for
				in the Act, child support enforcement services are available to any eligible
				individual without regard to income or the receipt of public assistance
				benefits.
(b) To be eligible for
				Non-PA Title IV-D or parental location only services, applicants shall complete
				an application form.
(c) To be
				eligible for location only services in cases of parental kidnapping or child
				custody determinations, the applicant shall complete an application form and
				shall be an authorized person as follows:
(i)
				An agent or an attorney licensed to practice in the State of Wyoming who has
				the duty or authority under the laws of the State of Wyoming to enforce a child
				custody or visitation determination;
(ii) A court having jurisdiction to make or
				enforce a child custody or visitation determination (or an agent of the court);
				or
(iii) An agent of the United
				States or of the State of Wyoming who has the duty or authority to investigate,
				enforce, or commence criminal prosecution for the unlawful taking or restraint
				of a child.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0009 - Child Support Enforcement › Chapter 3 - ELIGIBILITY AND APPLICATION FOR SERVICES › Section 3-2 - Application for Services

Current through July 13, 2024
(a) Non-PA Title
				IV-D Services - Application may be made directly to CSE. Application is made by
				completing, signing, and dating the application form. When an individual
				requests an application for Title IV-D services, CSE shall:
(i) Provide an application on the day the
				individual makes a request in person or send an application to the individual
				within no more than five (5) working days of a written or telephone
				request;
(ii) Accept an application
				as filed on the date it is received; and
(iii) For all cases referred to the Title
				IV-D agency or applying for services, CSE shall within no more than 20 calendar
				days of receipt of referral of a case or filing of an application for services,
				open a case by establishing a case record.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0009 - Child Support Enforcement › Chapter 3 - ELIGIBILITY AND APPLICATION FOR SERVICES › Section 3-3 - Non-PA Fees

Current through July 13, 2024
(a) Federal Offset
				Program Fee - A fee of $25.00 shall be retained by CSE from any collection made
				as a result of the federal offset for Non-PA obligees.
(b) Child Support Enforcement Services Fee -
				In the case of a child support obligee who has never received Title IV-A public
				assistance and for whom CSE has collected at least $550.00 of support, CSE
				shall impose an annual fee of $35.00 for each case in which services are
				furnished. CSE shall retain the annual $35.00 fee from support collected on
				behalf of the obligee.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0009 - Child Support Enforcement › Chapter 3 - ELIGIBILITY AND APPLICATION FOR SERVICES › Section 3-4 - Recipient Cooperation

Current through July 13, 2024
(a) Recipients of
				POWER and certain Medicaid subtypes are required to cooperate with CSE unless
				waived by the Department of Family Services or the Department of
				Health.
(b) The recipient has the
				right to claim good cause for non-cooperation if one (1) or more of the
				following circumstances exist and evidence is provided:
(i) Cooperation in establishing paternity or
				securing child support is reasonably anticipated to result in physical harm or
				emotional harm to the child or caretaker as demonstrated by previous court,
				medical, criminal, law enforcement, psychological, child protection or social
				services records;
(ii) The child,
				for whom support is sought, was conceived as a result of incest or rape as
				evidenced by birth, medical or law enforcement records;
(iii) Legal proceedings for the adoption of
				the child(ren) are pending before a court of competent jurisdiction as verified
				by legal documents; or
(iv) A
				public or private social agency is helping the applicant or recipients resolve
				the issue of whether to keep or relinquish the child(ren) for adoption as
				verified by a statement from the public or private social agency.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0009 - Child Support Enforcement › Chapter 4 - GENERAL SERVICES › Section 4-1 - Location

Current through July 13, 2024
(a) Title IV-D Services - In Title IV-D
				cases, CSE shall attempt to locate noncustodial parents and their resources to
				establish parentage and/or support obligations (if required), to enforce
				obligations, to collect support payments and to review support orders for
				adjustments. CSE shall use appropriate location sources such as:
(i) The FPLS;
(ii) Interstate location networks;
(iii) Local officials and employees
				administering public assistance;
(iv) Medical assistance;
(v) Supplemental Nutrition Assistance Program
				(SNAP) and social services (whether such individuals are employed by the state
				or political subdivision);
(vi)
				Relatives and friends of the noncustodial parent;
(vii) Current or past employers;
(viii) The local telephone company;
(ix) The U.S. Postal Service;
(x) Financial institutions;
(xi) Unions;
(xii) Fraternal organization;
(xiii) Police, parole, and probation records
				if appropriate; and
(xiv) State
				agencies and departments, as authorized by state law, including those
				departments which maintain records of public assistance, wages and employment,
				unemployment insurance, income taxation, driver's licenses, vehicle
				registration, and criminal records and other sources.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0009 - Child Support Enforcement › Chapter 4 - GENERAL SERVICES › Section 4-2 - Paternity Establishment

Current through July 13, 2024
(a) CSE shall
				provide an alleged father the opportunity to voluntarily acknowledge
				paternity.
(b) CSE shall attempt to
				establish paternity by legal process established under state law.
(c) CSE need not attempt to establish
				paternity in any case involving incest or forcible rape, or in any case in
				which legal proceedings for adoption are pending, if, in the opinion of the
				Title IV-D agency, it would not be in the best interest of the child(ren) to
				establish paternity.
(d) CSE shall
				facilitate the scheduling of genetic tests to determine paternity when
				appropriate. CSE shall petition the court for recovery of genetic testing costs
				in all cases.
(e) In a contested
				paternity case, CSE shall require the child(ren) and all other parties to
				submit to genetic testing if a sworn statement supports the request for genetic
				testing. The sworn statement shall allege paternity and set forth facts
				establishing a reasonable possibility of the requisite sexual contact between
				the parties or shall deny paternity and set forth facts establishing a
				reasonable possibility of the nonexistence of sexual contact between the
				parties.
(f) Administrative Genetic
				Testing Orders - CSE may issue administrative orders for genetic testing at any
				time after the filing of a paternity action and following service on all
				necessary parties to the action.
(i)
				Administrative orders shall not be used where there is a presumed
				father;
(ii) Administrative orders
				shall be in a form approved by CSE and signed by the child support attorney
				appearing in the case; and
(iii)
				Administrative orders may be appealed to the appropriate district
				court.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0009 - Child Support Enforcement › Chapter 4 - GENERAL SERVICES › Section 4-3 - Establishment of Support Obligation

Current through July 13, 2024
(a) In Title
				IV-D cases without court ordered support, CSE may take steps necessary to
				establish a support obligation including, but not limited to, a court order for
				child support and medical support or health care coverage.
(b) When establishing medical support, CSE
				shall calculate 1) reasonable cost for health care coverage, 2) whether the
				insurance policy is accessible to the child, and 3) any cash medical support
				required by statute. In Title IV-D cases, CSE may order either parent to
				provide medical support for the child.
(c) When establishing child support orders,
				CSE shall apply the statutory presumptive child support guideline
				amount.
(d) Where appropriate, CSE
				will impute income pursuant to Wyoming Statute2-2-307(xi). CSE
				will also consider the following factors when determining if it is appropriate
				to impute income to the obligor or obligee.
(i) Availability for work (exclude periods
				when a parent could not work or seek work, e.g., hospitalization,
				incarceration, debilitating illness, etc.).
(ii) Diligence exercised in seeking
				appropriate employment.
(iii)
				Personal history, including present marital status, age, health, residence,
				means of support, criminal record, ability to drive, and access to
				transportation, etc.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0009 - Child Support Enforcement › Chapter 4 - GENERAL SERVICES › Section 4-4 - Review and Adjustment of Support Obligation

Current through July 13, 2024
(a) In Title
				IV-D cases with current support orders:
(i) At
				least every three (3) years, CSE shall notify each party subject to a child
				support order of their right to request a review of that order and CSE may take
				steps necessary to review that order and may petition to adjust a child and/or
				medical support obligation.
(ii)
				Within 180 calendar days of receiving a request for a review or locating the
				non-requesting parent, whichever occurs later, CSE shall conduct a review of
				the order and adjust the order or determine that the order should not be
				adjusted, in accordance with this section.
(iii) Every three (3) years, if there is an
				assignment in effect under Title IV-A of the Act, CSE shall review each support
				order being enforced under Title IV-D and, if appropriate, shall file a
				petition for the court to adjust the child support order in accordance with the
				statutory presumptive child support guidelines.