Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0033 - Child Care Licensing › Chapter 4 - GENERAL REQUIREMENTS › Section 4-3 - Owner, Director, and Staff Requirements

Current through July 13, 2024
(a) Before the
				owner, director, their staff, household member, employee, substitute or
				volunteer assume responsibility for children, provide direct care of children,
				work in the facility or move into the Family Child Care Home or Family Child
				Care Center, the following shall be on file:
(i) Current tuberculosis (TB) risk assessment
				on the DFS Child Care licensing form. If the results of the TB risk assessment
				indicates a person is at high risk for TB, the application shall include the
				results of a subsequent TB risk assessment and/or a TB test conducted by a
				licensed health care professional that shows no symptoms/risks or negative TB
				results. The risk assessment shall be on file prior to starting employment. If
				a TB test is required, the test shall be completed within one (1) month of
				employment start date. If the owner, director, staff, household member,
				employee, substitute or volunteer are exhibiting symptoms or if he/she tests
				positive, the person shall follow the licensed health care professional's
				direction and shall not be around the child care children until
				cleared;
(ii) Start date or date
				moved into home;
(iii) A Central
				Registry or child abuse/neglect check which does not reveal any disqualifying
				information shall be completed in Wyoming and in all states lived in for the
				past five (5) years for staff and all adult household members including any
				adult who intends to move into the home;
(iv) Completed National Sex Offender Registry
				check and state Sex Offender Registry checks for Wyoming and for each state the
				person has lived in for the past five (5) years for staff, household members,
				substitutes, and volunteers. A person shall not be employed or present in the
				facility if the Sex Offender Registry check(s) states the person is a
				registered sex offender.
(v) A full
				fingerprint based national criminal history record background check. A state
				criminal registry check for Wyoming and each state the person has lived in for
				the past five (5) years is also required. Staff, household members,
				substitutes, and volunteers may not be employed or present in the facility if
				the background checks indicate they have been convicted or have a pending
				deferred prosecution of a felony or misdemeanor involving:
(A) Felony:
(I) Abuse, neglect, abandonment, exploitation
				or endangering children or vulnerable adults;
(II) A sexual offense against a person or
				child;
(III) Allowing the
				commission of a sexual offense against a child;
(IV) Violence, including rape, sexual
				assault, physical assault, kidnapping, battery or homicide;
(V) A crime against a child (including child
				pornography) or vulnerable adult;
(VI) Physical assault;
(VII) Domestic violence;
(VIII) Battery;
(IX) Drug offense (within the last 10
				years);
(X) Arson; or
(XI) Alcohol related offense (within the last
				10 years).
(B)
				Misdemeanor:
(I) Violent misdemeanor committed
				as an adult against a child;
(II)
				Battery, physical assault, or domestic violence within the last five (5)
				years;
(III) A sexual offense
				against an adult or child;
(IV)
				Allowing the commission of a sexual offense against an adult or
				child;
(V) Child endangerment or
				similar offense within the last five (5) years; or
(VI) Drug or alcohol offense (within the last
				5 years), excluding the first misdemeanor Driving Under the Influence
				(DUI).
(C) Any other
				crime that causes the Department to be concerned for the safety or well-being
				of children or others.
(D)
				Disqualified prospective employees, disqualified staff, or disqualified
				household members may request a review of the accuracy and completeness of the
				criminal history from the Department within 10 days of the receipt of the
				disqualification notice.
(I) An accurate and
				complete criminal history shall be submitted in conjunction with the request
				for a review.
(II) The Department
				shall review evidence of the inaccuracy or incompleteness of the record and
				render a decision within 20 days of the receipt of the review request. The
				results of the review shall be mailed to directly to the requesting party by
				certified mail. The owner or director shall be provided notice of whether the
				disqualified prospective employee, disqualified staff, or disqualified
				household member remains disqualified.
(III) The disqualified prospective employee,
				disqualified staff, or disqualified household members do not have the right to
				a Contested Case Hearing.
(E) If the disqualified prospective employee,
				disqualified staff, or disqualified household member has a felony drug
				conviction or a conviction of misdemeanor physical assault, battery, or
				domestic violence which occurred five (5) or more years ago, the individual may
				request a review, within 10 days of the receipt of the disqualification notice,
				to show evidence the individual has been rehabilitated. If the disqualified
				prospective employee, disqualified staff, or disqualified household member has
				a felony alcohol related conviction which occurred at least five (5) years ago,
				the individual may request a review, within 10 days of the receipt of the
				disqualification notice to show evidence the individual has been rehabilitated.
(I) Evidence of rehabilitation shall be
				submitted with the request for review.
(II) The Department shall determine if
				rehabilitation has occurred and provide notice to the owner or director and the
				requesting party.
(III) The
				disqualified prospective employee, disqualified staff, or disqualified
				household member do not have the right to a Contested Case Hearing.