reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0026 - Medical Programs - General › Chapter 8 - BURIAL PROGRAM › Section 8-8 - Hearings

Current through July 13, 2024
An administrative fair hearing will be granted in accordance
				  with Department of Family Services, Chapter I, Procedures For Conduct of
				  Contested Case Hearings, upon the request of a representative of the deceased
				  if benefits are denied. The request shall be directed to the Department within
				  twenty (20) days of the date of the denial of benefits.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0026 - Medical Programs - General › Chapter 10 - STATE SUPPLEMENTAL PAYMENTS › Section 10-1 - Authority

Current through July 13, 2024
These rules are promulgated by the Department of Family
				  Services (DFS), pursuant to the Administrative Procedures Act, W.
				  S.
										16-3-101 et seq. and the Public Assistance
				  and Social Services Act, and W. S.
				  
										42-2-103.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0026 - Medical Programs - General › Chapter 10 - STATE SUPPLEMENTAL PAYMENTS › Section 10-2 - Purpose

Current through July 13, 2024
These rules have been adopted to provide uniform procedures
				  used in determining eligibility for state supplemental payments. These payments
				  are required under CFR 20 416.2001 and Public Law 93-66, as amended by Public
				  Law 93-233, in order to receive a federal match for the Medicaid program. These
				  payments are intended to complement the federal benefit amount, thereby
				  increasing the amount of income available to the recipient to meet his/her
				  needs.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0026 - Medical Programs - General › Chapter 10 - STATE SUPPLEMENTAL PAYMENTS › Section 10-3 - Definitions

Current through July 13, 2024
(a) "Institution" - An establishment that
				furnishes (in single or multiple facilities) food, shelter and/or some
				treatment or services to four (4) or more persons unrelated to the
				proprietor.
(b) "Recipient" - A
				person who is eligible for and receiving benefits.
(c) "Resident" - A person who lives or dwells
				in Wyoming with the intent to reside permanently in the state.
(d) "Supplemental Security Income (SSI)" - A
				program funded under Title XVI of the Social Security Act.
(e) "Social Security Administration (SSA)" -
				A division of the Department of Health and Human Services, created in 1946,
				that administers federal Social Security programs.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0026 - Medical Programs - General › Chapter 10 - STATE SUPPLEMENTAL PAYMENTS › Section 10-7 - Hearings

Current through July 13, 2024
An administrative hearing will be granted in accordance with
				  the Department of Family Services, Chapter I, Procedures for the conduct of
				  contested case hearings, if payment is denied. The request shall be directed to
				  the Department within twenty (20) days of the date of the denial of
				  benefits.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0028 - Overpayment Recovery Program › Chapter 1 - OVERPAYMENT RECOVERY PROGRAM › Section 1-1 - Authority

Current through July 13, 2024
The Overpayment Recovery Program (ORP) is in a separate
				  administrative division of the Department of Family Services (DFS) with the
				  authority and responsibility under
				  W.S.
				  4-2-103(b)(viii) to
				  promulgate and adopt rules and regulations necessary to carry out W.S. 422-112
				  to pursue repayment of financial assistance incorrectly paid by DFS to or on
				  behalf of a recipient(s) incorrectly, whether caused by the recipient, the
				  provider or the Agency.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0028 - Overpayment Recovery Program › Chapter 1 - OVERPAYMENT RECOVERY PROGRAM › Section 1-2 - Definitions

Current through July 13, 2024
(a) "Adult Member" is a person 18 years of
				age or older in a household that is applying for or receiving food
				stamps.
(b) "AFDC" is the Aid to
				Families with Dependent Children Program which is financial assistance, for
				caretaker relatives with dependent children in need, as provided for by Title
				IV-A of the Social Security Act of 1935 as amended.
(c) "AFDC-UP" is the Aid to Families with
				Dependent Children Unemployed Parent Program which is financial assistance for
				intact families with dependent children who are in need because of the
				unemployment of the parent who was the principal wage earner.
(d) "Agency Error (AG)" is an incorrect
				action or failure to take action by a DFS worker.
(e) "Alien" see "Sponsored Alien".
(f) "Assistance Unit" is the different units
				of people defined byeach program to receive benefits.
(g) "BEERS" stands for Bendex earnings from
				wages and self-employment reported on tax returns and is a computer match with
				the DFS Eligibility Payment and Information System.
(h) "Budget Month" is the calendar month in
				which the income is received by the applicant or recipient. It is the same as
				the payment month for prospective budgeting and is the second month prior to
				the payment month for retrospective budgeting.
(i) "CARC" stands for Case Record Control on
				Epics and means the case transfer from office to office or worker to
				worker.
(j) "Case File" is a folder
				containing documents relating to an assistance unit or household.
(k) "Cash" is currency in the form of bills,
				coins, checks and/or money orders.
(l) "Categorical Eligibility" is a term used
				to designate food stamps eligibility by virtue of receiving AFDC, AFDC-UP
				and/or SSI.
(m) "CC" stands for the
				child care program which provides direct care and services to children from
				birth through age 12 and to developmentally delayed or handicapped children
				from age 13 through 18.
(n) "CHINS"
				stands for children in need of supervision.
(o) "Claim" is a form or EPICS record that
				formalizes and documents an overpayment and also may refer to the total amount
				due.
(p) "Client Error (CL)" is a
				misunderstanding or unintended error on the part of the assistance unit
				(household) or provider.
(q)
				"CO-DFS" is the central office of the Department of Family Services located in
				Cheyenne, Wyoming.
(r) "Collateral
				Contact" is a verbal or written confirmation of a household's or provider's
				circumstances by a knowledgeable source.
(s) "Court Limits" are the dollar amounts of
				the claim that determine the court of appropriate jurisdiction per Wyoming
				Statute. The courts utilized by DFS are as follows:
(i) small claims court;
(ii) county court;
(iii) district court.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0028 - Overpayment Recovery Program › Chapter 1 - OVERPAYMENT RECOVERY PROGRAM › Section 1-3 - FO-DFS Responsibilities for Investigation/Claim Establishment

Current through July 13, 2024
(a) FO-DFS must determine the person(s)
				against whom the claim is to be established.
(b) FO-DFS shall establish a claim against
				the assistance unit as follows:
(i) the
				assistance unit that has been overpaid;
(ii) any member of the overpaid assistance
				unit (for all programs excluding Food Stamps); or
(iii) any adult member of the overpaid
				assistance unit (for Food Stamps only); or
(iv) any individual member (adult member for
				Food Stamps) of the assistance unit at the time of the overpayment whether or
				not currently a recipient.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0028 - Overpayment Recovery Program › Chapter 1 - OVERPAYMENT RECOVERY PROGRAM › Section 1-4 - DFS- ORP Responsibilities for Referral For Investigation

Current through July 13, 2024
(a) CO-DFS shall accept referrals for
				investigation of possible overpayments for the following programs:
(i) Aid to Families with Dependent Children
				(AFDC);
(ii) Aid to Families with
				Dependent Children of Unemployed Parents (AFDC-UP).
(iii) Child Care (CC) (includes low income
				and non-IV-E Foster children), AFDC Working Child Care (includes IV-E Foster
				children), Transitional CC, Food Stamps E&T Participants and At-Risk and
				Child Care and Development Block Grant (Block Grant);
(iv) Emergency Assistance (EA);
(v) Food Stamps (FS) (includes employment and
				training program);
(vi) General
				Assistance (GA) (excludes loans and interim assistance);
(vii) Individual Family Grant (IFG);
(viii) Interim Assistance
				(IA);
(ix) Low Income Energy
				Assistance Program (LIEAP);
(x)
				Medicaid (ME) (for all coverage groups--eligibility overpayments only);
(xi) Minimum Medical Program
				(MMP);
(xii) Old Age Assistance
				(OAA);
(xiii) Refugee Assistance
				(RA);
(xiv) Social Services (SS)
				(includes client and provider purchased services such as IV-E Foster Care, IV-E
				Subsidized Adoption, State Foster Care and State Subsidized Adoption, Chins,
				MMP-Foster Kids and Subsidized Adoption);
(xv) State Hospital Placement
				(SHP);
(xvi) State Licensed
				Sheltered Care (SLSC);
(xvii) The
				Emergency Food Assistance Program (TEFAP);
(xviii) Wyoming Opportunities for Work -
				Supportive Services (WOW-SS); and
(xix) other programs as assigned.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0028 - Overpayment Recovery Program › Chapter 1 - OVERPAYMENT RECOVERY PROGRAM › Section 1-6 - Delinquent Claims

Current through July 13, 2024
(a) FO-DFS shall
				send the First Notice of Overpayment and the Second Notice of Overpayment and
				take no further collection actions unless requested by DFS-ORP when:
(i) the program(s) case has been
				terminated;
(ii) the overpayment
				was caused by the agency (AG) or unintentionally by the client;
(iii) the amount is less than $35
				dollars;
(iv) the amount of the
				claim is $750 or over and the cause is documentary evidence (DE) pending the
				decision on prosecution;
(v) the
				claim is recommended for prosecution and a judgment has not been obtained;
				or
(vi) the location of the
				assistance unit is unknown and there is written confirmation of the
				fact.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0028 - Overpayment Recovery Program › Chapter 1 - OVERPAYMENT RECOVERY PROGRAM › Section 1-7 - Food Stamp Program Disqualification

Current through July 13, 2024
(a) DFS-ORP is
				responsible for investigating any case of alleged Intentional Program
				Violation.
(b) DFS-ORP is
				responsible for ensuring that appropriate cases are acted upon.
(c) DFS-ORP has opted to use disqualification
				hearings in the following cases:
(i) the
				Agency believes the facts of the individual case do not warrant civil or
				criminal prosecution; or
(ii) cases
				previously referred for prosecution that were declined by the appropriate legal
				authority; or
(iii) in previously
				referred cases where no action was taken within a reasonable period of time and
				the referral was formally withdrawn by the Agency.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0028 - Overpayment Recovery Program › Chapter 1 - OVERPAYMENT RECOVERY PROGRAM › Section 1-8 - Excess Resources

Current through July 13, 2024
(a) FO-DFS shall
				immediately refer a case to DFS-ORP after it has been determined that the
				assistance unit was ineligible due to excess resources and DFS-ORP shall review
				the case for legal options to facilitate recovery before the assistance unit
				can dispose of the resources.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0028 - Overpayment Recovery Program › Chapter 1 - OVERPAYMENT RECOVERY PROGRAM › Section 1-9 - Legal Actions-Criminal

Current through July 13, 2024
(a) FO-DFS shall
				notify DFS-ORP when there is evidence of the following in an assistance unit's
				file:
(i) more than one month of overpayment,
				with the total of all programs in excess of $500.00; and
(ii) more than one document on which the
				assistance unit failed to report, or incorrectly reported information;
				and
(iii) recordings in the case
				file indicate the client may have intentionally, knowingly, and willfully
				abused the system, and the facts show criminal fraud beyond a "reasonable
				doubt".
(iv) the agency followed
				the program(s) policy and rules in determining eligibility and calculating the
				benefits and overpayments; and
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0028 - Overpayment Recovery Program › Chapter 1 - OVERPAYMENT RECOVERY PROGRAM › Section 1-10 - Legal Actions- Civil

Current through July 13, 2024
(a) DFS-ORP shall
				have the legal authority to take civil action on a case. FO-DFS shall refer
				cases to DFS-ORP for civil action when:
(i)
				the assistance unit has defaulted on the Installment Contract by not making a
				payment within the last sixty (60) days of the due date; or
(ii) the assistance unit has refused to sign
				an Installment Contract and failed to make payments within sixty (60) days of
				the first notice of overpayment, and
(iii) the total unpaid balance of all
				programs is within statutory limits excluding costs.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0028 - Overpayment Recovery Program › Chapter 1 - OVERPAYMENT RECOVERY PROGRAM › Section 1-11 - Legal Actions- Small Claims

Current through July 13, 2024
(a) FO-DFS/DFS-ORP
				shall take appropriate cases to small claims court.
(b) FO-DFS/DFS-ORP shall determine the
				following cases appropriate to take to small claims court:
(i) the client is living in the same county
				as the field office; and
(ii) the
				total unpaid balance of all programs is $2,000.00 or less or as prescribed by
				the statutory limits excluding costs; and
(iii) the assistance unit has defaulted on
				the Installment Contract by not making a payment within sixty (60) days of the
				due date; or
(iv) the assistance
				unit has refused to sign an Installment contract and failed to make payments
				within sixty (60) days of the first notice of overpayment for all programs
				excluding Food Stamps agency errors.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0028 - Overpayment Recovery Program › Chapter 1 - OVERPAYMENT RECOVERY PROGRAM › Section 1-12 - Garnishments

Current through July 13, 2024
(a) FO-DFS/DFS-ORP shall file a Writ of
				Garnishment for wages, bank accounts or money held by a third party when the
				amount of the judgment can be recouped in its entirety from the money held or
				owed.
(b) FO-DFS/DFS-ORP shall file
				a Writ of Continuing Garnishment of wages or an annuity if the amount of
				judgment cannot be recouped in its entirety from the money held or owed by
				following the guidelines set forth by Wyoming Statutes.
(c) FO-DFS/DFS-ORP shall await the court's
				receipt of the Garnishee's Answer to the Writ of Continuing
				Garnishment.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0028 - Overpayment Recovery Program › Chapter 1 - OVERPAYMENT RECOVERY PROGRAM › Section 1-13 - Bankruptcy

Current through July 13, 2024
(a) FO-DFS and DFS-ORP shall stop all
				recovery actions upon receiving either a Request of Discharge form for a
				Chapter 7 bankruptcy or a Confirmation Hearing form for a Chapter 13
				bankruptcy.
(b) FO-DFS shall send
				the original bankruptcy forms and the case file (including a copy of the
				bankruptcy form) to DFS-ORP immediately upon receipt of the forms.
(c) DFS-ORP shall review the overpayment file
				and determine:
(i) whether the case is cost
				effective to pursue; or
(ii) the
				evidence is sufficient to obtain an exception to discharge based on fraud or
				misrepresentation; and
(iii) attend
				the scheduled meetings and allow legal representation of the Agency.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0028 - Overpayment Recovery Program › Chapter 1 - OVERPAYMENT RECOVERY PROGRAM › Section 1-14 - Deceased Clients

Current through July 13, 2024
(a) FO-DFS shall
				notify DFS-ORP immediately upon receiving notice of the death of a client to
				allow the review of legal options in filing a claim against the estate for
				recovery of the overpayment(s). DFS-ORP must file the claim within 9ays of the
				death of the client.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 1 - GENERAL PROVISIONS › Section 1-1 - Authority

Current through July 13, 2024
These rules of the Department of Family Services (DFS) are
				  promulgated pursuant to W.S. §
									
										9-2-2101, W.S. §
									
										9-2-2104(vii),
				  14-4-101
				  through 117, and the Wyoming Administrative Procedure Act at W.S. §
									
										16-3-101, et seq. These rules shall be
				  referred to as DFS Substitute Care Licensing Rules herein.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 1 - GENERAL PROVISIONS › Section 1-2 - Purpose

Current through July 13, 2024
These rules have been adopted to provide uniform
				  certification standards for the protection of children in substitute care homes
				  and facilities. These rules incorporate, encapsulate and require compliance
				  from facilities with the following standards:
(a) Good moral character of the applicant,
				his employees and any other person having direct contact with a child under the
				care, custody or control of the applicant;
(b) Practical experience, education or
				training of the applicant in child care and treatment;
(c) Uncrowded, safe, sanitary and well
				repaired facilities; and
(d)
				Wholesome food prepared in a clean and healthy environment.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 1 - GENERAL PROVISIONS › Section 1-3 - Applicability

Current through July 13, 2024
(a) The
				incorporation by reference of any external code, standard, rule or regulation
				is intended to be the incorporation of that provision as it is in effect on the
				effective date of these rules.
(b)
				DFS may issue manuals, bulletins, or both, to interpret the provisions of these
				rules. Such manuals and bulletins shall be consistent with these rules. The
				provisions contained in manuals and bulletins shall be subordinate to the
				provisions of these rules.
(c)
				Within these rules if requirements specific to a particular level of care or
				service conflicts with a general provision of these rules, the specific
				provision shall prevail.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 1 - GENERAL PROVISIONS › Section 1-4 - Severability

Current through July 13, 2024
If any provision of these rules or the application thereof to
				  any person, program, service or circumstance is declared unconstitutional,
				  invalid, or beyond the authority conferred upon DFS by the Wyoming Legislature,
				  the remaining provisions shall not be affected by the declaration. To the
				  extent that these rules can be given effect without the offending provision,
				  the provisions of these rules are severable.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 1 - GENERAL PROVISIONS › Section 1-5 - Introduction

Current through July 13, 2024
DFS is responsible for the certification, monitoring and
				  enforcement of standards for certification of all Wyoming organizations
				  providing substitute care services for children covered in these rules.
				  Organizations are required to comply with all interstate compacts, statutes and
				  rules that pertain to children, in addition to these rules. Allegations of
				  violations of any interstate compacts, statutes or rules shall be reviewed by
				  DFS and appropriate action taken.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 2 - CERTIFICATION PROCESS › Section 2-1 - Certification and Recertification Procedures

Current through July 13, 2024
(a) All
				organizations with programs covered by these rules shall request regular
				certification and recertification in accordance with these rules. The
				application for certification or recertification shall be completed and signed
				by the Board of Directors or owner of the organization/program.
(b) Upon receipt of an organization's need
				assessment and application for certification, DFS has thirty (30) calendar days
				to complete the process for certification.
(c) Interpretation of these rules is the sole
				responsibility of DFS.
(d) Each
				organization desiring recertification from DFS shall request recertification
				not less than 120 days prior to the expiration date of the current
				certification.
(e) Upon receipt of
				a request for certification/recertification, DFS shall make or cause to be made
				a review of organization documents that demonstrate compliance with these rules
				and make or cause to be made one (1) or more on-site inspections of the
				organization.
(f) Considering the
				information on hand and the result of the on-site inspection, DFS shall
				certify/recertify the organization if the organization meets these rules for
				the particular area of service and the organization complies with applicable
				federal, state and local laws, as well as the rules of DFS.
(g) Certification under these rules is for
				the provision of services to children unless otherwise required by court order
				or statute. (See Chapter 1, Section
				2 herein.)
				Children who entered the program as a minor and who reach the age of majority
				and are still receiving services from the organization must not share bedrooms
				with the minor population. When the organization is serving children who have
				reached the age of majority while in the facility, the facility shall notify
				the certifying authority and submit a variance request.
(h) Each certificate is issued for the
				premises and persons or governmental units named in the certificate and is
				neither transferable nor assignable.
(i) If the recertification process is not
				completed by fault of DFS and the organization has met its obligations for
				recertification, prior certification issued by DFS shall remain in effect until
				the recertification process is completed by DFS.
(j) The Certifying Authority means DFS or its
				designee operating as the governmental agency which issues certificates, makes
				inspections, enforces standards, and handles all administrative details
				relating to enforcement of child care facilities certification.
(k) The Child Care Certification Board means
				the board made up of not more than 15 members reflecting statewide
				representation which acts as the board of review for all contested case hearing
				requests.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 2 - CERTIFICATION PROCESS › Section 2-2 - Issuance of Certificates

Current through July 13, 2024
(a) All
				organizations with approved programs shall be issued a one (1) year
				certificate.
(i) When a program or
				organization has established a history free of substantial violations (as
				determined by the Certifying Authority) for two (2) consecutive years, a two
				(2) year certificate may be issued at the discretion of the Certifying
				Authority.
(ii) Although a formal
				recertification process will not occur each year of the two (2) year period,
				the provider shall make available the following documents to the certifying
				authority on an annual basis:
(A) A current
				list of members of the governing body, owners and shareholders (if
				applicable);
(B) Financial audit or
				review, conducted by a licensed, registered auditor or certified public
				accountant that shows compliance with all federal and state fiscal requirements
				and shows the program or organization is financially sound;
(C) Current organizational chart and a
				summary that identifies and describes all units of operation with the
				organization and defines the lines of authority and the responsibility of each
				member of the staff;
(D) Copy of
				annual health and safety inspection(s) (if applicable); and
(E) Evidence of public liability,
				professional liability where needed, and vehicle liability insurance coverage,
				the name and address of the insurance agency providing the insurance, and a
				copy of the certificate of insurance.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 2 - CERTIFICATION PROCESS › Section 2-3 - Fees

Current through July 13, 2024
(a) Certification
				and recertification fees are listed below. In the event an organization has
				multiple programs, the organization must pay the appropriate fee for each
				program being certified.
(i) Adoption Agency -
				Fifty Dollars ($50.00).
(ii) Child
				Placing Agency - Fifty Dollars ($50.00).
(iii) Board of Cooperative Educational
				Services (BOCES) " One Hundred Fifty Dollars ($150.00).
(iv) Crisis Shelter - One Hundred Dollars
				($100.00).
(v) Group Home - One
				Hundred Dollars ($100.00).
(vi)
				Juvenile Detention Center - One Hundred Fifty Dollars ($150.00).
(vii) Residential Treatment Center - One
				Hundred Fifty Dollars ($150.00).
(viii) Therapeutic Foster Care - Fifty
				Dollars ($50.00).
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 2 - CERTIFICATION PROCESS › Section 2-4 - Changes to Certification

Current through July 13, 2024
(a) Written
				notification from the organization is required prior to any of the following
				changes:
(i) The name of the
				facility;
(ii) The name of the
				executive director (and any change in executive director);
(iii) Physical location of the
				facility;
(iv) Mailing address of
				the facility;
(v) Telephone number
				of the facility;
(vi) Structural
				modifications/remodeling, that may require an on-site inspection and result in
				a change in certification, does not include cosmetic changes or minor repairs
				that do not affect the operation of the facility; or
(vii) Capacity.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 2 - CERTIFICATION PROCESS › Section 2-5 - Variances

Current through July 13, 2024
(a) An organization
				may submit a written request to DFS for a variance to a rule when the facility
				is unable to meet full compliance with a standard in these rules.
(b) The written request shall show:
(i) A compelling reason why the organization
				is unable to meet the particular rule requirement; and
(ii) What accommodations the organization
				will make to ensure that the safety and well-being of children served will not
				be compromised.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 2 - CERTIFICATION PROCESS › Section 2-6 - Discontinuation of Services

Current through July 13, 2024
(a) No provider
				shall discontinue service under the certification without providing the
				certifying authority a thirty (30) day notice of intent to discontinue
				service.
(b) When a provider
				discontinues operation, the certification shall be considered invalid and the
				certificate must be surrendered to the certifying authority within thirty (30)
				days of closure.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 2 - CERTIFICATION PROCESS › Section 2-7 - Monitoring Programs

Current through July 13, 2024
(a) After a program
				has been certified, the certifying authority shall monitor the program to
				assure its compliance with these rules and with all applicable federal, state
				and local laws, and rules of DFS.
(b) As an element of the monitoring process,
				the certifying authority shall make on-site inspections and evaluations based
				on these rules. The certifying authority may make unannounced on-site
				inspections and evaluations.
(c)
				The certifying authority may utilize any sources of information during the
				monitoring process. The organization will cooperate fully with the monitoring
				process.
(d) DFS may consider
				compliance with accreditation or certification by other agencies and
				organizations in the DFS certification and monitoring process.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 2 - CERTIFICATION PROCESS › Section 2-8 - Investigation for Noncompliance

Current through July 13, 2024
(a) DFS may
				investigate an organization with a certified program on its own initiative or
				upon receipt of a complaint against a provider.
(b) If the certifying authority determines
				that the program is not in substantial compliance with the applicable federal,
				state or local laws, DFS rules, including these rules, or the contract with
				DFS, it shall provide the organization's governing body president, chairperson,
				or owner written notice of noncompliance. The parties shall then proceed as
				provided in Section
				9 of this chapter.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 2 - CERTIFICATION PROCESS › Section 2-9 - Plan for Compliance

Current through July 13, 2024
(a) Within fifteen
				(15) days after receipt of the written notice of noncompliance, the president,
				chairperson, or owner shall submit to DFS a corrective action plan (CAP) which
				shall provide, but not be limited to, the following information:
(i) Who is responsible for the
				correction;
(ii) What was done or
				will be done to correct the problem;
(iii) Who will monitor to ensure that the
				situation does not develop again; and
(iv) An appropriate date, not to exceed sixty
				(60) days from the date of the notice, for the correction of all issues of
				non-compliance.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 2 - CERTIFICATION PROCESS › Section 2-10 - Denial, Revocation, Immediate Suspension or Suspension of Certification

Current through July 13, 2024
(a) Reasons for the
				denial, revocation or suspension of certification may include, but are not
				limited to:
(i) Organization fails to comply
				with these rules within the specified timeframes agreed upon in the corrective
				action plan;
(ii) Organization
				deliberately furnishes or makes a misleading or false statement or report to a
				DFS employee;
(iii) Organization
				fails to provide, maintain, equip and keep in safe and sanitary condition the
				premises established or used for child's care, pursuant to these certification
				standards and Wyoming Statute;
(iv)
				Organization is in violation of one (1) or more of these rules such that the
				children's health, welfare and/or safety is in jeopardy at the facility;
				or
(v) Organization has been
				substantiated on in a child abuse and/or neglect Child Protective Services
				investigation and has been placed on the Wyoming Central Registry.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 2 - CERTIFICATION PROCESS › Section 2-11 - Reapplication Following Revocation

Current through July 13, 2024
(a) Reapplication
				must include acceptable verification of how all previous compliance issues have
				been addressed before the new application can be accepted.
(b) An application by the same provider
				and/or director shall not be accepted for three (3) years following revocation
				of a substitute care license.
(c)
				Application by the same provider and/or director cannot be made following a
				second revocation.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 2 - CERTIFICATION PROCESS › Section 2-12 - Suspension or Revocation of Qualified Residential Treatment Program (QRTP) Endorsement (for Residential Treatment Centers)

Current through July 13, 2024
(a) If the
				organization fails to comply with these rules (Chapter 10, Section
				2(d) ), the DFS Certifying
				Authority may suspension or revoke the QRTP Endorsement.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 3 - GENERAL REQUIREMENTS › Section 3-1 - Administration and Governance

Current through July 13, 2024
(a) The
				organization shall have a governing body, which exercises authority over and
				has responsibility for the operation, policy and practices of the
				organization.
(b) The governing
				body shall be:
(i) A board of directors in the
				case of a non-profit organization;
(ii) The members of a limited liability
				company;
(iii) The general partners
				of a limited partnership; or
(iv)
				The individual owner or owners of a for-profit organization or
				corporation.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 3 - GENERAL REQUIREMENTS › Section 3-2 - Responsibilities of the Organization

Current through July 13, 2024
(a) The
				organization shall develop policies and procedures that assure proper
				protection, care and treatment of children, as follows:
(i) Ensure that no child, on the basis of
				race, creed, color or national origin, is excluded from participation in, is
				denied benefits of, or is subjected to discrimination in receipt of services by
				the organization;
(ii) Provide
				services in compliance with Title VI of the Civil Rights Act of 1964, (Title VI
				of the 1964 Civil Rights Act,
				42
				U.S.C. §§
											2000d-
				2000d-7
http://www.justice.gov/crt/about/cor/coord/titlevistat.php
)
				and Wyoming statutes prohibiting discrimination;
(iii) Ensure that all clients are informed of
				their rights and that the program has written policies that describe the rights
				of clients and the means by which these rights are protected and
				exercised;
(iv) Written conflict of
				interest policies shall include staff and consultants of a voluntary or public
				organization and shall require they not have a direct or indirect financial
				interest in the organization and any member who is individually or as part of a
				business or professional firm involved in the business transactions or current
				professional services of the organization shall disclose this relationship and
				not participate in any vote taken in response to such transactions or
				services.
(v) Ensure that each
				child is informed and provided a copy of organization's rules within
				twenty-four (24) hours of admission and signs an acknowledgement, to be
				maintained in child's file.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 3 - GENERAL REQUIREMENTS › Section 3-3 - Abuse and/or Neglect Reporting

Current through July 13, 2024
(a) The
				organization shall develop, adopt, follow and maintain on file written policies
				and procedures governing all aspects of reporting abuse and/or neglect, to
				include:
(i) A provision that any report made
				to the law enforcement authorities or DFS of an allegation of abuse and/or
				neglect of any child in the facility/program shall result in the temporary
				suspension or reassignment of duties (so as not to be in contact with
				child(ren) of the alleged perpetrator). Such suspension or reassignment of
				duties shall remain in effect pending the outcome of the investigation by the
				appropriate authorities.
(ii) Any
				caregiver or staff member in a facility who has reasonable cause to know or
				suspect that a child has been subjected to any abuse and/or neglect, or who has
				observed the child being subjected to circumstances or conditions that would
				reasonably result in abuse and/or neglect, must immediately report or cause a
				report to be made of such fact to the DFS office and/or the local law
				enforcement agency in the county where the abuse occurred.
(iii) If the suspected abuse and/or neglect
				occurred in the facility/program, the report shall be made to the DFS field
				office and/or the law enforcement agency in the community or county in which
				the facility/program is located and to the certifying authority.
(iv) If the suspected abuse and/or neglect
				did not occur in the facility/program, the report shall be made to the DFS
				field office in the county in which the child resides and/or to the local law
				enforcement agency in the community in which the incident is believed to have
				occurred.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 3 - GENERAL REQUIREMENTS › Section 3-4 - Critical Incident and Incident Reporting

Current through July 13, 2024
(a) The
				organization shall develop, adopt, follow and maintain on file written
				policies, procedures and reporting forms governing all aspects of reporting
				critical incidents. The following types of incidents shall be reported as
				critical incidents:
(i) Child
				fatality;
(ii) Serious illness or
				injury requiring urgent or emergent medical attention;
(iii) Suicidal, homicidal or unable to meet
				basic needs;
(iv) All abuse and/or
				neglect allegations (if the allegation is against a parent who is also the
				legal guardian, the parent is not to be notified; however, procedures described
				in Section
				3 above must be followed);
(v) Child-on-child sexual contact;
(vi) Child runaway;
(vii) Fire at the facility or foster
				home;
(viii) Riots (loss of staff
				control of a portion of a facility or unit);
(ix) Physical assaultive
				conduct/behavior;
(x) Bomb threats;
				and
(xi) Law enforcement
				intervention.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 3 - GENERAL REQUIREMENTS › Section 3-5 - Consent to Treatment and/or Placement

Current through July 13, 2024
(a) The
				organization shall have policy and procedures to ensure that at a minimum oral
				consent with a witness is obtained within forty-eight (48) hours from the
				child's parent and/or legal guardian if not already addressed in a court order.
				When an oral consent is obtained, a follow up written consent is received
				within four (4) business days for the provision of:
(i) Placement of the child in the
				facility;
(ii) Routine health care
				(e.g., health examinations, dental care, vision care, hearing care and
				treatment for injuries and illnesses); and
(iii) Emergency medical, dental care and
				psychological care.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 3 - GENERAL REQUIREMENTS › Section 3-6 - Parental Involvement

Current through July 13, 2024
Programs shall develop, adopt, follow and maintain on file
				  written policies and procedures governing all aspects ensuring ties between the
				  child and his/her family are developed, maintained and strengthened.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 3 - GENERAL REQUIREMENTS › Section 3-7 - Admissions and Discharge

Current through July 13, 2024
(a) Admissions. The
				facility shall develop, adopt, follow and maintain on file a written statement
				that clearly defines the purpose and goals of its service, the type of service
				it intends to provide, and the kinds and numbers of children it will serve.
(i) The program must identify those staff
				members authorized to make decisions regarding admission; and
(ii) If, at any time, it is determined that
				the program is unable to provide for the security or treatment needs of a
				child, the organization must notify DFS and/or the child's legal guardian
				immediately.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 3 - GENERAL REQUIREMENTS › Section 3-8 - Staff Requirements

Current through July 13, 2024
The organization shall utilize employment policies and
				  procedures to recruit and hire staff capable of providing quality services. The
				  following safeguards shall be built into the policy:
(a) All staff (or any persons having direct
				care of children) shall be twenty-one (21) years of age or older.
(b) An orientation program and required
				background checks for new staff must be completed before staff can be the only
				staff person present who is providing direct care for children.
(c) An organization shall establish
				requirements related to education and experience for the
				administrator/executive director and all other staff with a minimum of a high
				school diploma or high school equivalency.
(d) If necessary, the organization may
				contract for services to fully meet the needs of the child. The organization
				must make available all such contracts to the certifying authority.
(e) Volunteers, Interns, Practicum Students
				(VIPS). The organization shall develop policies and procedures for the
				operation of programs in which volunteers or student field placements or
				internships are utilized in direct service, care, and treatment. The policies
				and procedures shall include:
(i) Designation
				to a supervisory staff person the responsibility for coordination of the VIPS
				program with a clear job description for the coordinator and for each category
				of volunteers;
(ii) A clear
				differentiation of functions and activities, including supervision, appropriate
				for paid staff members and VIPS in policy-making, advocacy, administrative, and
				direct services roles;
(iii) A
				process for screening and selecting VIPS, including background, character and
				reference checks as set forth in these rules for staff;
(iv) Orientation and in-service training
				activities in the VIPS' specified roles; and
(v) Monitor and evaluate activities and
				contributions.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 3 - GENERAL REQUIREMENTS › Section 3-9 - Staff Supervision

Current through July 13, 2024
(a) The program
				shall have a chart delineating supervision for each program.
(b) During every shift, there must be a
				designated individual responsible for that shift (and at a minimum available by
				phone).
(c) A direct care staff
				member shall always be present when a child resident is in the facility or
				living unit, off ground activity or appointments which require direct care and
				supervision.
(i) Except as otherwise provided
				by this rule, children shall be supervised at all times. Short breaks in direct
				supervision shall be therapeutically indicated or necessary for the child to
				gain independence.
(ii) Youth
				actively working toward independence shall be permitted short breaks in
				supervision to pursue recreation, employment or educational opportunities that
				complement his or her plan of care.
(iii) The organization shall have sufficient
				staff to allow the number of children being served to be adequately supervised,
				taking into consideration the complexity of the needs of the children. The
				organization shall consider appointments requiring staff supervision, staff
				leave, possible illness of children and other relevant factors when scheduling
				staff and child activities.
Wyoming Administrative Code › Agency 049 - Family Services, Dept. of › Sub-Agency 0029 - Providers of Substitute Care Services, Certification of › Chapter 3 - GENERAL REQUIREMENTS › Section 3-11 - Staff Training

Current through July 13, 2024
(a) Pre-Service
				Orientation Training. All staff (including foster parents) must complete a
				prescribed number of hours of pre-service orientation training, as set forth in
				each program-specific chapter of these rules.
(i) The pre-service orientation training
				shall include but not be limited to the following:
(A) Organization policies and organization
				staff member roles;
(B)
				Responsibilities for reporting child abuse and/or neglect;
(C) The staff member's role and
				responsibilities in relation to the child and family and permanency;
(D) Training in the area of universal
				precautions (blood borne pathogens);
(E) Procedures for adherence to personal and
				professional ethics and conduct;
(F) Orientation to the organization's
				approved crisis intervention procedures (if the crisis intervention procedures
				include emergency restraint of children who are a danger to themselves or
				others, staff shall be trained in a nationally certified or accredited program
				which provides physical restraint training) and reporting of critical incidents
				and adverse events;
(G)
				Record-keeping requirements;
(H)
				Cultural competency;
(I) Helping
				juveniles with acceptance of the residential setting and separation and loss
				inherent in out-of-home care for children and families, and for the staff
				members when children leave;
(J)
				Confidentiality;
(I) All staff must be
				instructed on the federal and state legal requirements of maintaining
				confidentiality; and
(II) Failure
				to comply with confidentiality requirements may result in employment
				termination and/or criminal prosecution;
(K) Risk and impact of substance abuse on
				child population;
(L) The overall
				importance of the direct supervision and safety of children;
(M) Rights of the persons served by the
				program;
(N) Suicide prevention and
				intervention;
(O) Prevention of
				workplace violence, homicide and other criminal acts;
(P) Procedures for safe transportation of
				children and orientation to organization vehicles, if applicable;
(Q) Implementation of the organization's
				written emergency and evacuation plans;
(R) Recognition of eating
				disorders;
(S) Behavior management
				and appropriate discipline;
(T)
				Crisis prevention and intervention; and
(U) An overview of the DFS Substitute Care
				Rules.