reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 058 - Examiners of Speech-Language Pathology and Audiology, Board of › Sub-Agency 0001 - Examiners of Speech-Language Pathology and Audiology › Chapter 15 - PRACTICE AND PROCEDURES FOR DISCIPLINE MATTERS › Section 15-7 - Petition for Modifying Conditions or Restrictions

Current through July 13, 2024
(a) A licensee may
				petition the Board to modify any conditions or restrictions on his or her
				license. The licensee shall submit a written petition for modification to the
				Board office. The petition for modification shall include evidence
				demonstrating:
(i) Compliance with all
				previously entered Board orders;
(ii) That the modification is consistent with
				any treatment plan or medical orders, if applicable; and
(iii) That the modification will ensure the
				public is adequately protected.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0001 - Adoption - Children and Family Services › Chapter 1 - GENERAL PROVISIONS › Section 1-1 - Authority

Current through July 13, 2024
These rules of the Department of Family Services
				  (Department) are promulgated pursuant to
				  W.S.
				  1-22-101 through
				  1-22-116, W.S. W.S.
				  W.S.
				  9-2-2104(a)(vii), and W.S.
				  W.S.
				  14-3-431(n).
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0001 - Adoption - Children and Family Services › Chapter 1 - GENERAL PROVISIONS › Section 1-2 - Purpose

Current through July 13, 2024
These rules are adopted to define the role of the Department
				  in adoption services and to protect any child(ren) who becomes a dependent of
				  the state through court termination of parental rights and/or relinquishment of
				  parental rights.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0001 - Adoption - Children and Family Services › Chapter 1 - GENERAL PROVISIONS › Section 1-3 - Definitions

Current through July 13, 2024
(a) "Adoption" is the creation of a parent
				child relationship by judicial order between two parties who usually are
				unrelated; the relation of parent and child created by law between persons who
				are not in fact parent and child. Adoption creates a parent child relationship
				between the adopted child and the adoptive parents with all the rights,
				privileges and responsibilities that attach to that relationship.
(b) "Adoption Agency" is an agency certified
				by the Department to prepare and train potential adoptive families, complete
				adoption home studies and reports, and place child(ren) in need of permanent
				adoptive families.
(c) "Adoptive
				Family" is a couple or single person evaluated and approved for adoption by the
				Department pursuant to a court order or a private child placement agency,
				certified by the State of Wyoming or another state's certifying
				agency.
(d) "Adult" is a person who
				has achieved the age of majority as specified by state statute.
(e) "Applicant" is a couple or a single
				person who is applying to adopt a child(ren).
(f) "Case Plan" is the Department's written
				document which outlines the outcomes, goals, and tasks in order to meet the
				needs of the family with regards to safety, permanency and well-being of the
				child(ren).
(g) "Child(ren)" is the
				minor person who is to be adopted.
(h) "Child Placement Agencies" are private
				adoption agencies that are licensed or certified by the State of Wyoming or
				another state's jurisdiction.
(i)
				"Diligent Search" are efforts made to contact relatives and others.
(j) "Interstate Compact on the Placement of
				Children (ICPC)" is the compact in place to ensure protection and services to
				child(ren) who are placed across state lines for foster care or
				adoption.
(k) "Relinquishment" is a
				voluntary action on the part of the parent(s) which relinquishes custody of the
				child(ren) to the Department, a private child placement agency or an individual
				empowered by statute to assume these rights.
(l) "Resident" means that, for adoption
				purposes, the applicant has lived in Wyoming during the 60 days prior to the
				filing of the petition to adopt.
(m) "Special Needs Child(ren)" means a
				child(ren) who exhibits one (1) or more of the following characteristics:
(i) Has irreversible or non-correctable
				physical or mental disabilities;
(ii) Has physical, mental or emotional
				disabilities correctable through surgery, treatment or other specialized
				services;
(iii) Is six (6) years of
				age or older;
(iv) Has been in the
				same foster family home for a lengthy period of time, emotional ties have
				developed with the foster family and adoption assistance is necessary to
				facilitate an adoption;
(v) Is a
				member of a racial minority; or
(vi) Is a member of a sibling group and needs
				to be placed in the same home with siblings.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0001 - Adoption - Children and Family Services › Chapter 1 - GENERAL PROVISIONS › Section 1-4 - Application Process

Current through July 13, 2024
(a) The Department
				shall take applications for adoption services for prospective adoptive families
				only when ordered to do so by a court of competent jurisdiction or requested
				through the ICPC, when a child(ren) becomes legally available for adoption, is
				in the custody of the Department, and when adoption is in the Case Plan. All
				other individuals and families requesting adoptive home study services are to
				be referred to child placement agencies or adoption agencies.
(b) Pursuant to these rules, if the
				Department is conducting an adoptive home study, the applicant is to provide
				the following:
(i) Names, addresses, age,
				sex, race and nationality, education, work and employment record, physical
				description, verification of marriage(s) and divorce(s), financial statement of
				assets, liabilities and income, family members and others living within the
				home;
(ii) Names and addresses of
				five (5) references who have known the applicant for a minimum of two (2)
				years;
(iii) A general physical
				examination, completed within the year. When the applicant has any chronic
				medical condition, further medical evaluation may be requested. Related costs
				shall be the responsibility of the applicant.
(iv) Autobiographies of each
				applicant;
(v) A statement as to
				the motivation to apply for adoption and the types of child(ren) the applicant
				is considering for adoption; and
(vi) Documentation that they are a resident
				of the tate of Wyoming.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0001 - Adoption - Children and Family Services › Chapter 1 - GENERAL PROVISIONS › Section 1-5 - Evaluation Process

Current through July 13, 2024
(a) The Department
				Caseworker, the Caseworker's supervisor or the Department District Manager of
				the field office shall evaluate the applicant, including but not limited to the
				following areas:
(i) The applicant is an
				adult;
(ii) The applicant is secure
				in his/her current status and able to provide for the child(ren);
(iii) The applicant's health, security,
				income, social and emotional ability allows for stable parenting;
(iv) The applicant's motivation is one
				centering on the best interests of the child(ren);
(v) The applicant has handled past concerns
				such as divorce, marital conflict, and employment changes in a constructive
				manner; and
(vi) The applicant and
				other members of the applicant's family are open and comfortable with the
				sharing of adoption and biological background information with the
				child(ren).
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0001 - Adoption - Children and Family Services › Chapter 1 - GENERAL PROVISIONS › Section 1-6 - Placement of Child(ren) in Department Custody

Current through July 13, 2024
(a) If the
				relatives and/or foster family are not an appropriate adoptive placement, the
				following process shall be followed in order to identify an adoptive family for
				the child(ren):
(i) The Department field
				office shall prepare a profile of the child(ren) with non-identifying
				information to be sent to the Department state office.
(ii) The Department state office shall
				forward the home studies to the field office having legal custody of the
				child(ren) available for adoption. The District Manager and/or his/her designee
				shall select an adoptive home from the studies submitted.
(iii) If none of the adoptive home studies
				submitted are accepted, the Department field office shall obtain additional
				adoptive home studies from the Department state office.
(iv) Department field offices should not
				contact agencies directly for the purpose of obtaining an adoptive home study.
				All requests for adoptive home studies shall be made through the Department
				state office.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0001 - Adoption - Children and Family Services › Chapter 1 - GENERAL PROVISIONS › Section 1-7 - Subsidized Adoption

Current through July 13, 2024
(a) The Department
				may grant subsidy payments to adoptive parent(s), if at the time of placement
				for adoption, the following apply:
(i) The
				child(ren) is in the legal custody of the Department or a child(ren) placement
				agency certified by the state;
(ii)
				The child(ren) is legally free for adoption;
(iii) The Department or a certified, private
				child(ren) placement agency is financially responsible for the
				child(ren);
(iv) The child(ren) is
				a special needs child(ren) as defined in Chapter I, Section
				3
				(m )of these rules;
(v) Reasonable
				efforts to place the child(ren) without a subsidy have proven unsuccessful;
				and
(vi) The Department has
				determined the adoptive parent can provide for the non-financial needs of the
				child(ren).
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0001 - Adoption - Children and Family Services › Chapter 1 - GENERAL PROVISIONS › Section 1-8 - Sealing Adoption Records

Current through July 13, 2024
(a) The Department
				state office shall maintain adoption records on infants and child(ren) in
				Department custody who are placed for adoption, as well as adoptions related to
				the ICPC.
(b) Within 90 days of
				finalization of adoption, the Department field office shall forward its
				adoption file to the Department state office for sealing. The adoption file
				shall include the following documents, if available:
(i) The Final Decree of Adoption;
(ii) The Relinquishment or Termination of
				Parental Rights Order;
(iii)
				Consent of the Department District Manager or his/her designee to
				Adoption;
(iv) Placement Agreement
				with Adoptive Parents;
(v) Birth
				parent's medical history; and
(vi)
				Child(ren)'s medical history.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0001 - Adoption - Children and Family Services › Chapter 1 - GENERAL PROVISIONS › Section 1-9 - Access to Department Adoption Records

Current through July 13, 2024
(a) The contents of
				adoption files are confidential and access to the information is limited by
				law.
(b) If the adoptive parents,
				birth parents, siblings of adopted child(ren) or adult adoptee's request access
				to their files, they should be referred to the Department state office for
				assistance.
(c) Non-identifying
				medical information may be provided to the adoptive parents or the adult
				adoptee without benefit of court order.
(i)
				The above individuals are to write to the Department state office and request
				that information.
(ii) In the
				request letter, the names of the adoptive parent, the adopted child(ren), the
				date of birth of the child(ren) and, if possible, the place of birth or the
				county where the adoption was finalized need to be included.
(iii) The letter shall be signed and dated by
				the person making the request for information.
(iv) Information shall be provided, when
				available from those files maintained by the Department, to include all
				available information regarding conditions or diseases believed to be
				hereditary, any drugs or medication taken during pregnancy and any other
				information which may be a factor influencing the child(ren)'s
				health.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0001 - Adoption - Children and Family Services › Chapter 1 - GENERAL PROVISIONS › Section 1-10 - Review Process

Current through July 13, 2024
(a)
				Application/Home Study Review Process. If the Department completes a home study
				and makes a recommendation against an adoptive placement, the applicant may
				request a meeting with the Department District Manager in the field office
				where the home study was completed.
(b) Adoption Assistance Agreement Review
				Process. If an Adoption Assistance Agreement is denied, terminated, or
				modified, the Department District Manager or his/her designee shall notify the
				adoptive parent of that decision in writing.
(i) If the adoptive parent does not agree
				with that decision, regarding the Adoption Assistance Agreement, the adoptive
				parent shall write to the Department District Manager or his/her designee
				within 30 calendar days from the date of the adverse decision and request that
				a fair hearing be scheduled.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0002 - Adult Protective Services › Chapter 1 - GENERAL PROVISIONS, CRIMINAL PENALTIES, ADULT PROTECTION TEAMS › Section 1-1 - Authority

Current through July 13, 2024
These Rules of the Department of Family Services are
				  promulgated pursuant to Wyo. Stat. §
									35-20-104(a)(ii).
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0002 - Adult Protective Services › Chapter 1 - GENERAL PROVISIONS, CRIMINAL PENALTIES, ADULT PROTECTION TEAMS › Section 1-2 - Purpose

Current through July 13, 2024
These Rules are adopted to implement the Department's
				  responsibilities under the Adult Protective Services Act (Wyo. Stats.
				  §§
									35-20-102 through
				  35-20-116) relating to adult
				  protective services in Wyoming, to assist in the administration of the
				  Department's programs, to assure the safety and well-being of vulnerable adults
				  and to articulate penalties for abuse, neglect, intimidation, abandonment,
				  self-neglect and exploitation of a vulnerable adult pursuant to Wyo. Stat.
				  §
									
										6-2-507.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0002 - Adult Protective Services › Chapter 1 - GENERAL PROVISIONS, CRIMINAL PENALTIES, ADULT PROTECTION TEAMS › 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 0002 - Adult Protective Services › Chapter 1 - GENERAL PROVISIONS, CRIMINAL PENALTIES, ADULT PROTECTION TEAMS › Section 1-4 - Definitions

Current through July 13, 2024
(a) "Abandonment"
				means leaving a vulnerable adult without financial support or the means or
				ability to obtain food, clothing, shelter or health care.
(b) "Abuse" means the intentional or reckless
				infliction, by the vulnerable adult's caregiver, a person of trust or
				authority, professional, family member or another individual of:
(i) Injury;
(ii) Unreasonable confinement which threatens
				the welfare and well being of a vulnerable adult; or
(iii) Cruel punishment with resulting
				physical or emotional harm or pain to a vulnerable adult; or
(iv) Photographing vulnerable adults for
				immoral or illegal purposes without the vulnerable adult's written consent;
				or
(v) Sexual abuse; or
(vi) Intimidation; or
(vii) Exploitation.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0002 - Adult Protective Services › Chapter 1 - GENERAL PROVISIONS, CRIMINAL PENALTIES, ADULT PROTECTION TEAMS › Section 1-5 - Confidentiality

Current through July 13, 2024
Except for appropriate application for access to the Central
				  Registry pursuant to Wyo. Stat. §
									35-20-116, records of the
				  Department pertaining to a vulnerable adult receiving protective services under
				  the Adult Protective Services Act are not open to public inspection.
				  Information contained in those records shall not be disclosed to the public in
				  any manner that will identify any individual except as authorized by law. The
				  records may be made available for inspection only upon application to the court
				  pursuant to Wyo. Stat. §
									35-20-112 or unless otherwise
				  authorized by law. Procedures for exchanging information are included in
				  Chapter 2, Section
				  12, of these Rules.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0002 - Adult Protective Services › Chapter 1 - GENERAL PROVISIONS, CRIMINAL PENALTIES, ADULT PROTECTION TEAMS › Section 1-6 - Criminal Penalties

Current through July 13, 2024
Wyo. Stat. §
									6-2-507 makes certain acts of
				  abuse, neglect, abandonment, intimidation, or exploitation of a vulnerable
				  adult a criminal offense; and penalties are defined. Wyo. Stat. §
									6-2-507 also provides for various
				  criminal penalties which includes registration of the offender's name on the
				  central registry.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0002 - Adult Protective Services › Chapter 1 - GENERAL PROVISIONS, CRIMINAL PENALTIES, ADULT PROTECTION TEAMS › Section 1-7 - Adult Protective Services Community Teams

Current through July 13, 2024
(a) The Department's local office manager
				shall develop, facilitate and participate in the Adult Protection Teams within
				communities or local jurisdictions.
(b) Members of the Adult Protection Team
				shall include a Department representative and may also include, but are not
				limited to:
(i) Law enforcement
				representative;
(ii) County
				attorney;
(iii) Public health
				nurse;
(iv) Mental health
				professional;
(v) Senior citizen
				center staff;
(vi) Developmental
				disabilities specialist;
(vii)
				Domestic violence counselor;
(viii)
				Victims' assistance advocate;
(ix)
				Medical professional;
(x)
				Department of Health, Office of Health Facilities representative;
(xi) Community Animal Control
				Officer;
(xii) Department of Family
				Services protective services supervisor;
(xiii) Ambulance Service personnel;
(xiv) Long Term Care Ombudsman;
(xv) Housing personnel, community
				members;
(xvi) Meals on Wheels
				staff; or
(xvii) Faith-based
				representation.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0002 - Adult Protective Services › Chapter 2 - REPORTS OF SUSPECTED ADULT ABUSE, NEGLECT, EXPLOITATION, ABANDONMENT, INTIMIDATION OR SELF-NEGLECT OF VULNERABLE ADULTS › Section 2-1 - Reporting

Current through July 13, 2024
(a) Any person or
				agency who knows or has reasonable cause to believe that a vulnerable adult is
				being or has been abused, neglected, exploited, abandoned, intimidated or is
				committing self-neglect, shall report the information immediately to a law
				enforcement agency or the Department. Anyone, who in good faith makes a report
				pursuant to this section, is immune from civil liability for making the report
				pursuant to Wyo. Stat. §
									35-20-103. Law enforcement
				agencies include, but are not limited to, the following:
(i) Municipal police;
(ii) County sheriff's Department;
(iii) Highway patrol;
(iv) Medicaid Fraud Control Unit of the
				Attorney General's Office; and/or
(v) Department of Criminal
				Investigation.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0002 - Adult Protective Services › Chapter 2 - REPORTS OF SUSPECTED ADULT ABUSE, NEGLECT, EXPLOITATION, ABANDONMENT, INTIMIDATION OR SELF-NEGLECT OF VULNERABLE ADULTS › Section 2-2 - Intake

Current through July 13, 2024
(a) All reports of
				suspected abuse, neglect, exploitation, abandonment, intimidation or
				self-neglect shall be entered into the Department's data system.
(b) All reports shall be screened to
				determine whether the allegation meets the statutory definitions of vulnerable
				adult abuse, neglect, exploitation, abandonment, intimidation or self-neglect.
				The alleged victim's defined or assumed capacity to consent does not determine
				if a case should or should not be opened.
(c) The intake process shall include
				gathering sufficient information to enable the caseworker to:
(i) Identify and locate the vulnerable adult
				and determine if the adult lives with a caregiver, family member, or individual
				in a domestic or facility setting or is a vulnerable adult living
				alone;
(ii) Assess the severity of
				the situation and consider the urgency of the response; and
(iii) Determine if the report requires
				contact with an outside agency, and if so, which outside agency should be
				contacted.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0002 - Adult Protective Services › Chapter 2 - REPORTS OF SUSPECTED ADULT ABUSE, NEGLECT, EXPLOITATION, ABANDONMENT, INTIMIDATION OR SELF-NEGLECT OF VULNERABLE ADULTS › Section 2-3 - Accepted and Rejected Reports

Current through July 13, 2024
(a) Reports not rejected shall be accepted
				for prevention, assessment or investigation.
(b) The Department may make collateral
				contacts for the purpose of assessing the safety of the vulnerable adult and
				clarifying or establishing the credibility of the report. When determining if
				collateral contacts should be made, the caseworker shall weigh:
(i) The allegations contained in the
				report;
(ii) The severity of the
				incident; and
(iii) The likelihood
				that the collateral contact will have relevant information about the
				allegations or the incident.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0002 - Adult Protective Services › Chapter 2 - REPORTS OF SUSPECTED ADULT ABUSE, NEGLECT, EXPLOITATION, ABANDONMENT, INTIMIDATION OR SELF-NEGLECT OF VULNERABLE ADULTS › Section 2-4 - Prevention Track

Current through July 13, 2024
(a) The supervisor shall assign cases to the
				Prevention Track within twenty-four(24) hours of the report where there are no
				allegations of abuse or neglect, and to prevent problems from escalating to a
				level where assessment or investigation services are needed.
(b) The caseworker shall attempt an in-person
				contact within three (3) calendar days of the report.
(c) When appropriate, prevention services may
				be offered to the vulnerable adult.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0002 - Adult Protective Services › Chapter 2 - REPORTS OF SUSPECTED ADULT ABUSE, NEGLECT, EXPLOITATION, ABANDONMENT, INTIMIDATION OR SELF-NEGLECT OF VULNERABLE ADULTS › Section 2-5 - Assessment Track

Current through July 13, 2024
(a) The supervisor shall assign cases to the
				Assessment Track within twenty-four (24) hours of the intake of a report of
				abuse, neglect, exploitation, intimidation, abandonment or self-neglect which
				does not meet the criteria for the Investigation Track.
(b) Reports in the Assessment Track can be
				reassigned to the Investigation Track as new or additional information is
				obtained and reviewed.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0002 - Adult Protective Services › Chapter 2 - REPORTS OF SUSPECTED ADULT ABUSE, NEGLECT, EXPLOITATION, ABANDONMENT, INTIMIDATION OR SELF-NEGLECT OF VULNERABLE ADULTS › Section 2-6 - Investigation Track

Current through July 13, 2024
(a) The supervisor
				shall assign cases to the Investigation Track within twenty-four (24) hours of
				a report of abuse, neglect, exploitation, intimidation, self-neglect or
				abandonment. A report will be assigned to the Investigation Track if it
				includes any of the following criteria;
(i)
				Death;
(ii) Brain damage, bone
				fracture, extensive burns or other serious bodily injury;
(iii) Sexual assault;
(iv) Exploitation, to include financial or
				sexual;
(v) Evidence of severe
				neglect; or
(vi) Any other activity
				which may constitute a crime or which places the vulnerable adult in imminent
				danger of death or serious bodily harm.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0002 - Adult Protective Services › Chapter 2 - REPORTS OF SUSPECTED ADULT ABUSE, NEGLECT, EXPLOITATION, ABANDONMENT, INTIMIDATION OR SELF-NEGLECT OF VULNERABLE ADULTS › Section 2-7 - Assessments or Investigations Concerning Facilities

Current through July 13, 2024
(a) When the
				Department receives a report of the abuse, neglect, intimidation or
				exploitation of a vulnerable adult in a facility, the person receiving the
				report shall notify the following agencies, as appropriate:
(i) Medicaid Fraud Control Unit of the
				Attorney General's Office for all reports of abuse, neglect, exploitation,
				intimidation, and financial fraud in facilities that are Medicaid providers or
				where the alleged victim is a Medicaid recipient;
(ii) Department of Health, Office of Health
				Care Licensing and Survey or Aging Division, for all allegations of abuse,
				neglect and/or misappropriation of residents' property, and all licensing
				violations in licensed, certified and or non-certified facilities in their
				jurisdiction (including the Wyoming State Hospital);
(iii) Department of Health, Developmental
				Disabilities Division, for reports involving a facility licensed through that
				Division;
(iv) Department of
				Health, Mental Health Division for any residential program under the
				jurisdiction of the Division and the Wyoming State Hospital; (Wyoming Pioneer
				Home, Wyoming State Training School, Wyoming Retirement Center and the
				Veteran's Home)
(v) Long-Term Care
				Ombudsman for complaints or reports from residents in facilities;
(vi) State Board of Nursing for any report
				that involves a registered nurse, licensed practical nurse or certified nurse;
				and/or
(vii) Other licensing boards
				(e.g., Occupational Therapy or Professional Teacher Standards Board).
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0002 - Adult Protective Services › Chapter 2 - REPORTS OF SUSPECTED ADULT ABUSE, NEGLECT, EXPLOITATION, ABANDONMENT, INTIMIDATION OR SELF-NEGLECT OF VULNERABLE ADULTS › Section 2-8 - Service Provision

Current through July 13, 2024
(a) Protective
				services may be provided or purchased by the Department to assist vulnerable
				adults to prevent or terminate abuse, neglect, self-neglect, exploitation,
				intimidation or abandonment in open cases until no longer needed.
(b) During the initial in-person interview
				with the vulnerable adult and/or caregiver, family, or individual, the
				caseworker shall inform them that:
(i) The
				Department received a report and has a duty to assess the report;
(ii) The Department shall assess the safety
				of the vulnerable adult; and
(iii)
				The Department shall refer the report for investigation if needed to protect
				the vulnerable adult from abuse, neglect, exploitation, intimidation,
				self-neglect or abandonment.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0002 - Adult Protective Services › Chapter 2 - REPORTS OF SUSPECTED ADULT ABUSE, NEGLECT, EXPLOITATION, ABANDONMENT, INTIMIDATION OR SELF-NEGLECT OF VULNERABLE ADULTS › Section 2-9 - Consent to Service

Current through July 13, 2024
(a) Vulnerable
				adults are presumed to possess the ability to consent to or refuse protective
				services. A vulnerable adult shall not be required to accept
				protective/emergency services without his/her consent.
(b) If the caseworker believes that the
				vulnerable adult's ability to understand and appreciate the nature and
				consequences of their decisions is impaired, the caseworker shall immediately
				take steps to arrange for a professional mental capacity evaluation if the
				caseworker reasonably believes that the vulnerable adult's ability to
				understand and appreciate the nature and consequences of their decisions is
				impaired. Until the vulnerable adult's capacity to consent is determined, the
				caseworker shall provide only those services agreed to by the vulnerable
				adult.
(c) If the vulnerable adult
				has a guardian or has appointed an agent under a durable power of attorney, the
				guardian or agent may act on behalf of the vulnerable adult.
(d) The caseworker shall explain to the
				vulnerable adult the protective services which can be provided and he/she has
				the right to accept or reject services. If appropriate, the vulnerable adult
				shall be referred for services according to the least restrictive services
				within the continuum of care in each respective community.
(e) When a caregiver, family member, or
				individual is unwilling to accept services for a vulnerable adult, the
				Department may seek court intervention. The Attorney General or the
				district/county attorney may petition the court for an order pursuant to Wyo.
				Stat. §
									35-20-106 enjoining the caregiver,
				family member, or individual from interfering with the provision of protective
				services.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0002 - Adult Protective Services › Chapter 2 - REPORTS OF SUSPECTED ADULT ABUSE, NEGLECT, EXPLOITATION, ABANDONMENT, INTIMIDATION OR SELF-NEGLECT OF VULNERABLE ADULTS › Section 2-10 - Case Closure

Current through July 13, 2024
(a) A case shall be
				closed when:
(i) Investigation, prevention, or
				assessment is complete;
(ii)
				Protective services, as indicated by the Department, have been concluded;
				and/or
(iii) Necessary referrals to
				other agencies have been made.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0002 - Adult Protective Services › Chapter 2 - REPORTS OF SUSPECTED ADULT ABUSE, NEGLECT, EXPLOITATION, ABANDONMENT, INTIMIDATION OR SELF-NEGLECT OF VULNERABLE ADULTS › Section 2-11 - Administrative Hearings

Current through July 13, 2024
(a) Following a
				determination of substantiation, an alleged perpetrator of abuse, neglect,
				exploitation, intimidation or abandonment who is aggrieved by said
				determination may request an administrative hearing.
(b) 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 may be pending, the request for review shall be made
				within twenty (20) days from the court's final disposition, dismissal of the
				charges, or prosecutorial determination to not pursue 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.
(c) An opportunity to
				discuss the Department's issues and resolve the dispute shall be
				offered.
(d) If the dispute is
				resolved to the satisfaction of both parties, the person who requested the
				administrative hearing may sign a statement withdrawing the hearing request or
				do so orally. If the dispute is not resolved, the matter shall proceed to a
				hearing.
(i) If the agency receives a request
				to withdraw orally, the agency shall provide, within ten (10) days, the parties
				with written notice of the withdrawal request. The written notice shall advise
				the party that in order to reinstate the hearing request and avoid dismissal
				the party must respond in writing within ten (10) days of the written notice of
				withdrawal and provide good cause. If the request for reinstatement is accepted
				the State agency must provide a fair hearing within a reasonable amount of
				time.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0002 - Adult Protective Services › Chapter 2 - REPORTS OF SUSPECTED ADULT ABUSE, NEGLECT, EXPLOITATION, ABANDONMENT, INTIMIDATION OR SELF-NEGLECT OF VULNERABLE ADULTS › Section 2-12 - Confidentiality

Current through July 13, 2024
(a) All records
				concerning reports and investigations of vulnerable adult abuse, neglect,
				exploitation, intimidation, abandonment or self-neglect are confidential, and
				not subject to disclosure under the Public Records Act, including:
(i) A report of abuse, neglect, exploitation,
				intimidation abandonment or self-neglect under this act;
(ii) The identity of the person making the
				report; and
(iii) Except as
				provided by these Rules, all files, reports, records, communications, and
				working papers used or developed in an investigation made under this act or in
				providing services as a result of an investigation are confidential.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0002 - Adult Protective Services › Chapter 3 - SERVICE PROVISIONS › Section 3-1 - Protective Services

Current through July 13, 2024
(a) Protective
				services may be provided or purchased by the Department to assist vulnerable
				adults to prevent or terminate abuse, neglect, self neglect, exploitation,
				intimidation or abandonment until the vulnerable adult no longer needs those
				services. Services may include, but are not limited to, the following:
(i) Social casework;
(ii) Case management;
(iii) Home care;
(iv) Day care;
(v) Social services;
(vi) Psychiatric, psychosocial or health
				evaluations; and/or
(vii) Other
				emergency services.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0002 - Adult Protective Services › Chapter 3 - SERVICE PROVISIONS › Section 3-2 - Consent to Service

Current through July 13, 2024
(a) Vulnerable
				adults are presumed to possess the ability to consent to or refuse protective
				services. A vulnerable adult shall not be required to accept
				protective/emergency services without his/her consent.
(b) If the caseworker believes that the
				vulnerable adult's ability to understand and appreciate the nature and
				consequences of their decisions is impaired, the caseworker shall immediately
				take steps to arrange for a professional mental capacity evaluation if the
				caseworker reasonably believes that the vulnerable adult's ability to
				understand and appreciate the nature and consequences of their decisions is
				impaired. Until the vulnerable adult's capacity to consent is determined, the
				caseworker shall provide only those services agreed to by the vulnerable
				adult.
(c) If the vulnerable adult
				has a guardian or has appointed an agent under a durable power of attorney, the
				guardian or agent may act on behalf of the vulnerable adult.
(d) If the caseworker believes that the
				vulnerable adult needs protective services and an emergency exists or the
				caregiver, family, and/or individual refuses to allow the provision of these
				services, the Department's District Manager or designee shall contact the
				Office of the Attorney General or the district/county attorney to petition the
				court for an order pursuant to Wyo. Stat. §
									
										35-20-107 for seventy-two (72) hour emergency
				protective services or for an order pursuant to Wyo. Stat. §
									
										35-20-106 enjoining the family, individual
				and/or caregiver from interfering with the provision of protective services.
				The caseworker shall be in contact with the State Analyst for Adult Protective
				Services for all guardianships.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0002 - Adult Protective Services › Chapter 4 - CASE CLOSURE, ADMINISTRATIVE HEARINGS, AND CONFIDENTIALITY › Section 4-1 - Case Closure

Current through July 13, 2024
(a) A case shall be
				closed when:
(i) Investigation, prevention,
				or assessment is complete;
(ii)
				Protective services, as indicated by the Department, have been concluded;
				and/or
(iii) Necessary referrals to
				other agencies have been made.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0002 - Adult Protective Services › Chapter 4 - CASE CLOSURE, ADMINISTRATIVE HEARINGS, AND CONFIDENTIALITY › Section 4-2 - Administrative Hearings

Current through July 13, 2024
(a) Following a
				determination of substantiation, an alleged perpetrator of abuse, neglect,
				exploitation, intimidation or abandonment who is aggrieved by said
				determination may request an administrative hearing.
(b) 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 may be pending, the request for review shall be made
				within twenty (20) days from the court's final disposition, dismissal of the
				charges, or prosecutorial determination to not pursue 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.
(c) An opportunity to
				discuss the Department's issues and resolve the dispute shall be
				offered.
(d) If the dispute is
				resolved to the satisfaction of both parties, the person who requested the
				administrative hearing may sign a statement withdrawing the hearing request or
				do so orally. If the dispute is not resolved, the matter shall proceed to a
				hearing.
(i) If the agency received a request
				to withdraw orally, the agency shall provide written notice to the parties
				within ten (10) days of the party's request confirming the withdrawal request
				and providing the party with an opportunity to reinstate the hearing. The party
				must have good cause to reinstate the hearing request, otherwise it will be
				dismissed. Written notice must advise the party that there is ten (10) days
				from the time the date notice is received to advise the State agency of the
				desire to request or reinstate the hearing. If the request for reinstatement is
				accepted the State agency must provide a fair hearing within a reasonable
				amount of time.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0002 - Adult Protective Services › Chapter 4 - CASE CLOSURE, ADMINISTRATIVE HEARINGS, AND CONFIDENTIALITY › Section 4-3 - Confidentiality

Current through July 13, 2024
(a) All records concerning reports and
				investigations of vulnerable adult abuse, neglect, exploitation, intimidation,
				abandonment or self-neglect are confidential, and subject to disclosure under
				the Public Records Act, including:
(i) A
				report of abuse, neglect, exploitation, intimidation abandonment or self
				neglect under this act;
(ii) The
				identity of the person making the report; and
(iii) Except as provided by these Rules, all
				files, reports, records, communications, and working papers used or developed
				in an investigation made under this act or in providing services as a result of
				an investigation are confidential.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0004 - Boys' School › Chapter 1 - GENERAL PROVISIONS › Section 1-1 - Authority

Current through July 13, 2024
The State of Wyoming pursuant to
				  W.S.
				  25-3-104(b) is authorized to
				  promulgate rules governing persons committed to the Wyoming Boys'
				  School.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0004 - Boys' School › Chapter 1 - GENERAL PROVISIONS › Section 1-2 - Statement of Purpose

Current through July 13, 2024
(a) These rules and
				regulations are adopted to implement W.S. 1-5-3 -101 through
				
										25-3-106 to:
(i) Provide for persons committed to the
				Wyoming Boys' School;
(ii) Provide
				for reformatory discipline;
(iii)
				Establish procedures for the transfer of boys to and from the Wyoming Boys'
				School;
(iv) Establish procedures
				for control and rehabilitation of boys committed; and
(v) Provide for release of
				residents.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0004 - Boys' School › Chapter 1 - GENERAL PROVISIONS › Section 1-3 - Definitions

Current through July 13, 2024
(a) "Agency" means the department which is
				administratively responsible for the Wyoming Boys school.
(b)"Boys' School" means the Wyoming Boys'
				School.
(c)"Institution" means any
				state facility or institution established by statute.
(d)"Level of Security" means the degree of
				security designated by statute.
(e)
				"Reformatory" means a rehabilitative purpose with minimal security rather than
				punishment and deterrence.
(f)
				"Resident" means a boy or Juvenile who has attained the age of twelve (12) and
				is sentenced or transferred to the Wyoming Boys' School pursuant to
				W.S.
				14-6-229(d),
				7-13-101(a) or
				7-13-102.
(g) "Superintendent" means the person
				directly in charge of the boys' school under the control and direction of the
				agency.
(h) "Transfer" means
				releasing the resident to another state institution that shall subsequently be
				responsible for the resident's confinement.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0004 - Boys' School › Chapter 1 - GENERAL PROVISIONS › Section 1-4 - Policies and Procedures

Current through July 13, 2024
The boys' school shall establish written policies and
				  procedures for Implementing these rules and regulations. Written copies shall
				  be made available to a resident, parent or guardian, representative and the
				  public.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0004 - Boys' School › Chapter 2 - GENERAL COMMITMENT › Section 2-1 - Persons Committed

Current through July 13, 2024
(a) Persons
				committed to the boys' school may include:
(i) Juveniles adjudicated delinquent pursuant
				to W.S.
				14-6-229(d);
(ii) Juveniles tried and convicted as adults
				and initially sentenced to the boys' school pursuant to W.S. W.S.
				W.S.
				7-13-101(a); or
(iii) Juveniles tried and convicted as
				adults, initially sentenced to the state penitentiary and later transferred to
				the boys' school pursuant to W.S. 7-13102.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0004 - Boys' School › Chapter 2 - GENERAL COMMITMENT › Section 2-2 - Reformatory Discipline

Current through July 13, 2024
The superintendent shall ensure that a reformatory
				  discipline and environment is maintained at all times and is consistent with
				  statutory provisions in
				  W.S.
				  25-3-103,
				  25-3-104(b) and
				  25-3-105.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0004 - Boys' School › Chapter 2 - GENERAL COMMITMENT › Section 2-3 - General Transfer

Current through July 13, 2024
(a) When
				transferring a juvenile originally committed to the boys' school pursuant to
				W.S.
				14-6-229(d) or
				7-13-101(a), the
				preferred method of transfer to another institution is to obtain a judicial
				order, unless the original court order has specified a transfer may be made
				without returning to the court.
(b)
				When transferring a resident from the state penitentiary to the boys' school
				pursuant to W.S. 7-13102 and
				
										25-3-101(b), the preferred
				method of transfer is to obtain a iut4icial order unless the original court
				order has specified a transfer may be made without returning to the
				court.
(c) The agency and
				superintendent shall consider the level of security for each state institution
				when transferring any resident to and from the boys' school. The transfer may
				be considered if it is consistent with the established purpose and security
				level of the state institution.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0004 - Boys' School › Chapter 2 - GENERAL COMMITMENT › Section 2-4 - Transfer to a Less Secure institution

Current through July 13, 2024
(a) If a juvenile
				committed to the boys' school pursuant to
				W.S.
				14-6-229(d) is being
				considered for transfer to a less secure institution, the superintendent may
				decide to make the transfer without a hearing provided that:
(i) A written notice is served personally or
				by mail to the juvenile, the Juvenile's parent or guardian and to the court;
				the notice shall include the reasons for the proposed transfer;
(ii) The transfer is based on reasonable
				factors as rehabilitative progress, need for services unavailable at the boys'
				school, and placement closer to home;
(iii) The juvenile is allowed an opportunity
				to disagree with the proposed 'Transfer and have representation or other
				assistance for an informal resolution; and
(iv) The transfer is delayed until any filed
				grievance is resolved by utilizing appropriate grievance procedures.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0004 - Boys' School › Chapter 2 - GENERAL COMMITMENT › Section 2-5 - Transfer to a More Secure Institution

Current through July 13, 2024
(a) A juvenile
				committed to the boys' school pursuant to
				W.S.
				14-6-229(d) may be
				considered for transfer to an institution more secure than the boys' school
				only if:
(i) The juvenile poses a danger to
				self or others;
(ii) The juveniles
				actions demonstrate that he cannot be controlled in the boys' school due to its
				lack of security;
(iii) The
				curtailment of liberty warrants additional protections; or
(iv) The need for more security substantially
				outweighs any detrimental effect an the Juvenile's liberty interests.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0004 - Boys' School › Chapter 2 - GENERAL COMMITMENT › Section 2-6 - Transfer to the State Penitentiary

Current through July 13, 2024
(a) If a resident
				was adjudicated as an adult and initially sentenced to the boys' school
				pursuant to W-3.7-13-101(a), the agency may consider transferring the resident
				to the state penitentiary only if:
(i) The
				resident poses a danger to self or others;
(ii) The resident's actions demonstrate that
				he cannot be controlled in the boys' school due to Its lack of
				security;
(iii) The curtailment of
				liberty warrants additional protections;
(iv) The need for higher security
				substantially outweighs any detrimental effect on the resident's liberty
				interests; or
(v) The resident
				subsequent to his commitment to the boys' school, is shown to have been at the
				time of his conviction, an adult or to have been previously convicted of a
				crime.