CHAPTER 1

GENERAL PROVISIONS

 

Section 1.Authority.

 

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.

 

Section 2.Purpose.

 

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.

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Section 3.Applicability.

 

(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.

 

Section 4.Severability.

 

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.

 

Section 5.Introduction.

 

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.

 

Section 6.Definitions.  Other definitions may also be included in other chapters of these rules.

 

(a)"Aftercare" see "continuing care."

 

(b)"Appropriateness" means the degree to which a particular service, placement, treatment, intervention, or activity is best suited to a child's needs; is not excessive; unduly intrusive or restrictive; is anticipated to be effective and to achieve the desired and specified outcomes; and is adequate or sufficient in quantity to address the problem.

 

(c)"Assessment" means an appraisal completed by an appropriately licensed, provisionally licensed and/or certified professional in which expertise and skills are exercised to collect and analyze data in order to understand and describe the nature of service needs of an individual, family, or group.

 

(d)"Certification" means that DFS formally recognizes the organization as meeting all of the minimum requirements of these rules that pertain to the specific services provided and compliance with applicable laws and regulations.

 

(e) "Child" means an individual under the age of 18 years.

 

(f)"Continuing care" means a course of treatment following residential care, customarily out-patient, identified in an Individual Treatment Plan of Care (ITPC) designed to support service frequency sufficient to maintain desired outcomes.

 

(g)"Department" means the Department of Family Services or its designee, also referred to throughout these rules as "DFS."

 

(h)"Direct care staff" means staff members whose primary job responsibility is the direct care and supervision of the children/residents assigned to him/her. Usually, direct care staff do not include administrators, therapists, or clerical staff, unless one of those individuals has assumed the role of direct care staff and is providing this service.

 

(i)           "Employee" means any person, regardless of compensation or position, who works at the facility.

 

(j)"Facility" see definition of Program.

 

(k)"Family" means the nuclear family (parents, siblings, stepparents, adoptive parents, or legal guardians), extended family (aunts, uncles, grandparents).

 

(l)"Individual Service Plan of Care (ISPC)" means a document that describes measurable, individualized non-therapeutic service goals and strategies designed to meet the child's needs as determined by the family partnership or case planning meeting.

 

(m)"Individual Treatment Plan of Care (ITPC)" means a document that describes measurable, individualized therapeutic treatment goals and strategies designed to meet the child's needs as determined by the clinical assessment.

 

(n)"Informed consent" means a child's parent, legal custodian or legal guardian explicitly grants permission to the organization to use a specific intervention.  Consent is premised on full disclosure of the facts to enable the consumer to make a decision based on knowledge of the risks, benefits and alternatives.

 

(o)"Living unit" means a self-contained area separated by doors/walls from the rest of the organization.  A living unit has its own assigned staff and supervisor, whose offices are located on the unit.  Daily records and copies of ISPC and/or ITPC shall be maintained on the unit.

 

(p)"Organization" means any type of business entity, including, but not limited to sole proprietorships, partnerships, limited partnerships, corporations, non-profit corporations, and limited liability companies who participate in the delivery of substitute care services.  "Organization" is used interchangeably with "facility" and "provider" in these rules.  This definition does not include adoptive homes, foster care homes or therapeutic foster care homes.

 

(q)"Person" shall mean any individual, partnership, association, or corporation.

 

(r)"Physical restraint" means a hands-on technique used by a specially trained staff member/foster parent for the purpose of restricting a child's freedom of movement in order to maintain a safe environment for the child and others.  The technique is designed to restrict the movement or function of a child or portion of a child's body and provide a degree of physical control that the child is unwilling or unable to provide for him or herself.  Physical restraint does not include:

 

(i)                 Physical escort of a child, which means the temporary touching or holding of the hand, wrist, arm, shoulder or back for the purpose of inducing a child who is acting out to walk to a safe location.

 

(s)"Program" means a system of services offered by an organization in a specified location.  Sometimes the word "program" is used interchangeably with the word "facility" or to describe specific programs.

 

(t)"Provider"  See definition of "Organization".

 

(u)"Service" means one or more organization-operated programs or activities having a common general objective and involving deployment of the organization's material and human resources in a planned and systematic manner.

 

(v)"Staff" means any individual who works directly with children in the facility and is used to meet staff:child ratios requirements.

 

(w)"Substitute care" means room, board and counseling provided to children on a twenty-four (24) hour a day basis away from their own home environments.

 

(x)"Suicide attempt" means a deliberate act of self-harm that is not fatal, but in which death is the goal.

 

(y)"Suicidal ideation" means thoughts about completing suicide; destructive thoughts to die.

 

(z) "Supervision" means the observation, oversight, and guidance of the child or group of children by staff.

 

(aa)"Therapeutic staff" means staff licensed, provisionally licensed and/or certified by the Mental Health Professions Licensing Board, Board of Medicine or the Board of Psychology to provide mental health and/or substance use services.

 

(bb)"Weapon" A weapon is any firearm, explosive or incendiary material, archery equipment, or other device, instrument, material or substance, which in the manner it is ordinarily used, or is ordinarily intended to be used, is reasonably capable of producing death or serious bodily injury.