Wyoming Statutes Annotated _Title 14. Children _Chapter 4. Child Care Facilities _Article 1. Child Care Facilities Certification

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1 W.S.1977 T. 14, Ch. 4, Art. 1, Refs & Annos W.S Definitions (a) As used in W.S through : (i) Applicant means any person making formal application to the certifying authority for certification to operate a child caring agency in the state of Wyoming; (ii) Board means the certification board; (iii) Board of review means the certification board sitting as a board of review; (iv) Certified agency means any person certified to do business under the provisions of W.S through ; (v) Certifying authority means the department of family services operating as the agency which issues certificates, makes inspections, enforces standards and handles all administrative details relating to enforcement of W.S through ; (vi) Child caring facility means any person who operates a business to keep or care for any minor at the request of the parents, legal guardians or an agency which is responsible for the child and includes any of the following privately operated facilities: (A) Children s institutions; (B) Child placing agencies whether for permanent or temporary placement; (C) Foster homes not supervised by the state, any local government, school district or agency or political subdivision thereof;

2 (D) Group day care agencies; (E) Detention homes; (F) Public or private receiving homes; (G) Correctional schools; (H) Repealed by Laws 2013, ch. 193, 2. (J) Ranches for children whether for summer operation only or otherwise; (K) Day or hourly nurseries, nursery schools, kindergartens or any other preschool establishment not accredited by the state board of education; (M) Boarding homes not supervised by the state, any local government, school district or agency or political subdivision thereof; (N) Boards of cooperative educational services established under W.S and providing services to children with disabilities of any school district; and (O) Except as provided under subparagraph (a)(vi)(n) of this section, any other person not legally related to a minor, having legal or physical care, custody or control of the child, receiving payment therefor and not supervised by the state, any local government, school district or agency or political subdivision thereof. (vii) Person shall mean any individual, partnership, association or corporation. W.S Certification required; exceptions (a) All child caring facilities except those excluded in subsection (b) of this section, are required to be certified by the certifying authority before exercising care, custody or control of any minor.

3 (b) W.S through do not apply to: (i) A legal parent s or legal relative s care of a minor; (ii) Occasional care of a neighbor s or friend s child if the caretaking person does not regularly engage in this activity; (iii) Parents exchanging child care on a mutually cooperative basis; (iv) Child care by a person employed to come to the home of the child s parent or guardian; (v) Day-care agencies providing care for less than three (3) minors; (vi) Foster homes supervised by the state, any local government, school district or agency or political subdivision thereof; (vii) Ranches or farms not offering services to children who are homeless, delinquent or have an intellectual disability; and 1 (viii) Summer camps operated by nonprofit organizations; (ix) Day-care facilities providing care to the children of only one (1) immediate family unit. W.S Certification board; establishment; composition; appointment of lay members; duties (a) A certification board of not more than fifteen (15) members reflecting statewide representation is established and shall be composed of: (i) One (1) representative from the department of family services;

4 (ii) One (1) representative from the state department of education; (iii) Repealed by Laws 1991, ch. 161, 4. (iv) The state fire marshal or his designee; (v) Six (6) lay members who are residents of the state and operators of child caring facilities or parents; (vi) Not more than four (4) additional lay members with an interest in child care; (vii) One (1) representative from the state department of agriculture or other state or local agency which may be responsible for sanitation inspections of child care facilities; and (viii) One (1) representative from the state department of health. (b) The lay members shall be appointed by the governor for terms of two (2) years and may be removed by the governor as provided in W.S Any vacancies among the lay members shall be filled by gubernatorial appointment. (c) The board shall: (i) Designate investigators to investigate any child caring facility within the provisions of W.S through ; (ii) Act as the board of review; and (iii) Act as an advisor to the state in all matters pertaining to child care programs and child care facility licensing. (d) When the board is acting as a board of review pursuant to paragraph (c)(ii) of this section, the chairman of the board may designate, on a case by case basis, a committee of the board made up of at least three (3) disinterested members of the board to hear the case and recommend a decision on behalf of the board. W.S Certification; application; standards; notification to certify or refuse; term

5 (a) Application for certification of a child caring facility within W.S through shall be made to the certifying authority. (b) A certificate shall be issued upon compliance with the following standards: (i) 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; (ii) Practical experience, education or training of the applicant in child care and treatment; (iii) Uncrowded, safe, sanitary and well repaired facilities; and (iv) Wholesome food prepared in a clean and healthy environment. (c) The certifying authority shall notify the applicant of its decision to certify or refuse certification of the applicant within thirty (30) days after the application has been filed. (d) All full certificates are nontransferable. Duration of the certificate shall be determined pursuant to rules and regulations of the department, subject to an annual continuation fee. (e) The department is authorized to establish pursuant to rules and regulations full and provisional certificate fees and fees for continuation of a full certificate. Fees for continuation of a full certificate shall be due on the anniversary date of the original certificate. Fees collected by the department under this section shall be deposited in the general fund to offset the cost of administration of the board. W.S Provisional certificate The certifying authority may issue a provisional certificate if a substandard child caring agency is attempting to meet the standards or to comply with the rules and regulations pursuant to W.S through A provisional certificate is effective for a period of not more than six (6) months and is nonrenewable. W.S Repealed by Laws 1995, ch. 179, 2, eff. July 1, 1995

6 W.S Inspection by certifying board; right of entrance (a) The certifying board shall periodically and at reasonable times inspect, investigate and examine all certified agencies and applicants for certification. (b) Any certified agency or applicant for certification shall give right of entrance and inspection of the facility to inspectors authorized by the certifying board. Any certified agency or applicant who denies admission to any authorized inspector shall have the certificate revoked or application denied. W.S Suspension, revocation or nonrenewal of certificate; grounds; approval (a) Any certificate made or issued pursuant to W.S through may be suspended, nonrenewed or revoked by the certifying authority upon proof of violation of any provision within W.S through (b) Thirty (30) days prior to initiating suspension, revocation or nonrenewal of any certificate made or issued pursuant to W.S through , the certifying authority shall give written notice to the certified agency of the alleged facts warranting the intended action and provide the certified agency an opportunity to request a hearing with the board of review within ten (10) days of the receipt of notice. The hearing shall be conducted in accordance with the Wyoming Administrative Procedure Act. (c) Notwithstanding subsection (b) of this section, if the certifying authority finds the life, health or safety of a child is in imminent danger, the certifying authority may immediately temporarily suspend certification of the agency pending hearing. (d) The certified agency may appeal to the district court for review of any adverse decision of the board of review as provided by the Wyoming Administrative Procedure Act. W.S Denial of certification; notice and hearing; appeal (a) Upon receiving a notice of denial of certification, any applicant may request a hearing with the board of review by serving proper notice to the certifying authority. The hearing shall be conducted in accordance with the Wyoming Administrative Procedure Act.

7 (b) Any applicant may appeal to the district court for review of the decision of the board of review as provided by the Wyoming Administrative Procedure Act. W.S Enjoining operations in violation Any person may be enjoined from operating a child caring facility for violating any provision within W.S through W.S Penalty for uncertified operation Any child caring facility operating without certification under W.S through is guilty of a misdemeanor and shall be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00) for each offense. Each day of operation without certification is a separate offense. W.S Contracts by department of family services The department of family services is authorized to contract with any lawful authority of any child caring facility for the care and custody of Wyoming children which have been placed therein by court order under the Juvenile Court Act or otherwise. The department shall select those child caring facilities requiring the least expense to the state for the care and custody of children. W.S Commitment of uncontrollable child; refusal to receive (a) If a child is committed to a child caring facility by a court under the Juvenile Court Act or otherwise and the child caring facility cannot exercise proper control over the child, the child caring facility may report the facts to the court with jurisdiction for a reconsideration or rehearing on the order. If the facts warrant, the child shall then be committed to the Wyoming boys school, the Wyoming girls school, or such other privately or publicly operated facility as the court deems appropriate.

8 (b) If a child caring facility refuses to receive a child under court order, then the court of competent jurisdiction shall provide for placement under other provisions of law. W.S Repealed by Laws 2013, ch. 193, 2, eff. July 1, 2013 W.S Authority of counties and municipalities to have detention homes The board of county commissioners of any county or the governing body of any municipal corporation may acquire and maintain a detention home for care of delinquent minors, provided the detention home is not used for any other purpose. W.S Mandatory immunizations for children attending child caring facilities (a) As used in this section child caring facility means a facility required to be certified under W.S (b) All persons over eighteen (18) months old attending or transferring into a child caring facility are required to be completely immunized in a similar manner to W.S (c) The operator of the child caring facility shall be responsible for an audit of the immunization status of any child attending the child caring facility in a similar manner to W.S W.S Juvenile detention facilities standards; definitions; report (a) Sheriffs, in consultation with other operators of juvenile detention facilities, shall develop and implement uniform standards after consideration of nationally recognized criteria for the operation of all hardware secure and staff secure juvenile detention facilities. (b) No minor shall be detained in a hardware secure or staff secure juvenile detention facility unless the facility has adopted the standards specified under subsection (a) of this section.

9 (c) The sheriffs shall report to the joint judiciary interim committee by November 15, 2012 with respect to their progress in developing and implementing the standards specified under subsection (a) of this section. (d) As used in this section: (i) Hardware secure juvenile detention facility means a facility used for the detention of minors that is characterized by locks on the doors and other restrictive hardware designed to restrict the movement of the minors and protect public safety; (ii) Staff secure juvenile detention facility means a facility used for the detention of minors that is characterized by a trained staff to supervise the movement and activities of detained minors at the facility, without the additional use of hardware secure equipment. (e) Nothing in this section shall apply to the Wyoming boys school or the Wyoming girls school. W.S Quality child care system established (a) A quality child care system is created for the purpose of assisting the working families of the state by encouraging the availability of high quality care for children in licensed child caring facilities. The system may consist of: (i) A quality rating system; (ii) Incentive payments for higher levels of quality care; (iii) Grants for professional educational development; (iv) Technical assistance, business management services and family strengthening programs. (b) The quality child care system shall also provide for a parental education and public awareness program.

10 (c) The department of workforce services is authorized to promulgate rules and regulations for the purpose of implementing all or any portion of this article. All rules and regulations shall be promulgated in consultation with the department of education, the department of family services, the department of health, University of Wyoming and early childhood specialists from the private sector. (d) The state s responsibility for payments under this article shall be limited to the amount of funding provided for the quality child care system by the legislature. The department may receive donations from foundations or other private sources. Any such funds received shall be deposited into a separate account and are continuously appropriated to the department, which may distribute those funds in accordance with the provisions of this article. Services eligible to be paid for by another public program shall not be reimbursed under this article. (e) Infants and preschool children served under this article who qualify for disability services shall receive those services through a regional developmental preschool that is supported by state funding for this purpose, provided the parents or caretakers agree to those services. The cost of these services shall not be reimbursed by payments made to providers under this article. (f) In the delivery of services, facilities that receive funds under this article shall not discriminate against any individual on the basis of sex, color, race, religion, national origin, disability or age other than the age of the qualifying child. Notwithstanding this subsection, facilities shall retain the ability to refer children with developmental disabilities to appropriate services. (g) Upon approval of the application for funds as provided in this article, the facility shall enter into a contract with the state, wherein the facility shall agree: (i) To provide child care services in this state for a minimum of one (1) year; (ii) To serve children from families eligible for support for child care under programs, other than the program created by this article, managed by the department of family services; (iii) To submit the reports required by W.S (d) and to submit information as required in the department s rules and regulations; and (iv) To immediately repay all funds provided to the facility pursuant to this article, attorney fees and costs incurred in collection, if the facility breaches the contract during the one (1) year period. (h) The department of workforce services shall structure its contracts with facilities to ensure necessary data is reported uniformly. The contracts shall specify what services will be provided under the contract and the outcome measures to be achieved to allow the department to determine compliance with contract provisions, the services provided, the outcomes achieved and to determine the extent of statewide needs based on the reports received.

11 (j) Repealed by Laws 2007, ch. 156, 3. (k) The department, in rating facilities for quality and making payments to facilities pursuant to this article, shall not discriminate against any facility due to religious orientation, affiliation or instruction or the lack thereof. No state funds shall be used for materials for religious instruction, salaries and benefits for staff primarily engaged in religious instruction, or for any other incremental cost of religious instruction or observances. Any facility receiving state funds shall be prepared to demonstrate, if audited, that sufficient nongovernmental funds were available to cover all expenses of religious instruction or observance. (m) For purposes of this article: (i) Department means the department of workforce services; (ii) Facility means child caring facility as defined in W.S (a)(vi)(D) and (K); (iii) Repealed by Laws 2007, ch. 156, 3. W.S to Repealed by Laws 2007, ch. 156, 3, eff. March 1, 2007 W.S to Repealed by Laws 2007, ch. 156, 3, eff. March 1, 2007 W.S Educational development scholarships and continuing education grants (a) The department by rule and regulation shall provide educational development scholarships to assist the owners or staff of child caring facilities to attain certificates or degrees in early childhood development or a related field. Payments under this subsection shall be conditioned upon the recipient of the educational development scholarship entering into a contract to work for a child caring facility in this state for a period as provided in subsection (d) of this section after receiving the certificate or degree. (i), (ii) Repealed by Laws 2007, ch. 156, 3. (b) A recipient of an educational development scholarship pursuant to this section who breaches the contract

12 required by subsection (a) of this section shall repay that portion of funds provided to the recipient pursuant to this article that is for educational developmental expenses accruing during or after the semester in which the recipient breached the contract, together with attorney fees and costs incurred in collection. (c) The department by rule and regulation shall provide continuing education grants to child caring facilities to assist the owners or staff of those facilities to obtain continuing education training in early childhood development or related topics. Payments under this subsection shall be conditioned on the following: (i) The recipient of the continuing education training provided through the grant entering into a contract to work for a child caring facility in this state for a period as provided in subsection (d) of this section after receiving the training; and (ii) An in-cash cost sharing contribution of at least ten percent (10%) from the facility employing the staff member at the time of continuing education training. (d) The department shall set a formula for duration of contractual commitments under this section through rule and regulation. Commitment duration shall be based on the value of the educational opportunity and shall be commensurate with the magnitude of the grant. (e) A recipient of a continuing education grant pursuant to this section shall repay all funds provided to the recipient pursuant to the grant, together with attorney fees and costs incurred in collection, if the recipient breaches the contract required by subsection (c) of this section. W.S Technical assistance and business management assistance; quality support; family strengthening program (a) Quality support payments may be made available to facilities through a competitive process to provide quality care for infants or other children whose care may otherwise be difficult to obtain in the community. Grants shall be awarded as follows: (i) Repayment shall be required if the facility closes the business within one (1) year after receiving the grant or if the facility fails to comply with any provision of the grant; (ii) Grant requests for increasing capacity shall only be awarded to existing licensed facilities that are at a quality level of three (3) or higher in the quality rating system;

13 (iii) Quality support grants shall not be used for capital construction or purchase of land or buildings; (iv) Grants to any one (1) facility shall not exceed three thousand dollars ($3,000.00) per child. (b) The department shall provide technical assistance to facilities on best practices for quality operational improvements and business management services of child caring facilities. (c) The department of health shall contract for delivery of voluntary family strengthening educational programs to promote family involvement in children s development. W.S Parental education and public awareness (a) The department shall develop and distribute materials to: (i) Promote knowledge of the quality child care system; (ii) Promote an understanding of the benefits that accrue to children, families and communities from quality child care programs, as based upon the latest findings in research reports and studies; (iii) Promote the advantages of parents personally providing care for their own children whenever possible; (iv) Promote parent involvement in their child s development and provide information and activities to parents or caretakers to promote early childhood learning and development at home; (v) Emphasize the importance of parental responsibility and the involvement of the family in quality early childhood development; and (vi) Inform parents about choices available in childcare programs and how to choose an appropriate child caring facility. W.S

14 Reporting requirements (a) The department of workforce services shall report annually to the joint education interim committee, the joint labor, health and social services interim committee and the joint appropriations interim committee by October 1. The report shall include: (i) The department s progress in establishing the system under this article; (ii) The participating child caring facilities; (iii) Information that demonstrates the impacts of the services provided by the system on children, families and communities and how the department plans to measure these impacts; (iv) Public awareness activities; (v) The collaborative efforts of the departments of education, family services, health, workforce services and others to provide comprehensive early childhood development experiences for children while meeting the needs of Wyoming s workforce and economic development; (vi) System expenditures of public and private funds; and (vii) Recommendations for changes in the system s operation.

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