General Provisions, Data Reporting and Oversight, and Training
Section 1. Authority. These rules are promulgated pursuant to W.S. § 9-2-2104(a)(vii) and W.S. § 35-2-1401 of the Department of Family Services (Department) in consultation with the Department of Health.
Section 2. Purpose. These rules are adopted to further the Department's statutory responsibility, pursuant to W.S. § 35-2-1401, relating to the development of Plans of Safe Care with families for Infants Prenatally Substance Exposed; to assist in the administration of Plans of Safe Care to assure the safety and well-being of Infants Prenatally Substance Exposed and their families; and to articulate data reporting requirements.
Section 3. Definitions.
(a) "Abuse" means as defined by W.S. § 14-3-202(a)(ii).
(b) "Affected by Withdrawal" means a group of behavioral and physiological features in an infant that follow the abrupt discontinuation of a substance that has the capability of producing physical dependence, determined through use of appropriate assessment and diagnostic testing to rule out other causes.
(c) "Affected Family" means a family with a positive screen, toxicology, or self-disclosure of substance use of the pregnant or birthing individual during pregnancy.
(d) "Caregiver" means the infant's parent, noncustodial parent, guardian, custodian, stepparent, foster parent or other person, institution or agency having the physical custody or control of the infant.
(e) "Department" means the Wyoming Department of Family Services or its designee, including local offices.
(f) "Department of Health" means the Wyoming Department of Health or its designee.
(g) "Early Intervention and Education Program" means as defined by W.S. § 35-2-1401(a)(i).
(h) "Family" means parents or caregivers, siblings, stepparents, adoptive parents, or legal guardians and extended family members such as aunts, uncles, and grandparents.
(i) "Family Support Network" means non-professional individuals identified by the family, who assist the family in achieving safety, well-being, and success.
(j) "Fetal Alcohol Spectrum Disorder" means a group of conditions that can occur in a person who was exposed to alcohol before birth. These effects can include physical problems and problems with behavior and learning.
(k) "Infant" means a child from birth to 12 months of age.
(l) "Infant Prenatally Substance Exposed" means when there is presence of or self-disclosure of any substance use by the pregnant or birthing individual at any time during pregnancy.
(m) "Multidisciplinary" means multi-agency teams organizing and coordinating health and care services to meet the needs of individuals with care needs.
(n) "Neglect" means as defined by W.S. § 14-3-202(a)(vii).
(o) "Notification" means the Federal and State required reporting of data and information to the Department.
(p) "Notification Online Portal" means the online notification pathway established or approved by the Department for the purpose of collecting the required data.
(q) "Patient Care Team" means as defined in W.S. § 35-2-1401(a)(ii).
(r) "Plan of Safe Care" means as defined in W.S. § 35-2-1401(a)(iii).
(s) "Plan of Safe Care Collaborative" means the community/regional/district level multidisciplinary team that oversees developed Plans of Safe Care.
(t) "Referral" means the coordination of connecting infants and families with services to address their needs.
(u) "Safety" means actions of protection taken by the caregiver that mitigate the danger over time.
(v) "Substance use" means the use of drugs or alcohol, including illegal drugs, or the misuse of prescription or over the counter medication.
(w) "Universal Screening" means a preliminary evaluation that attempts to determine whether key features of substance use are present in a pregnant or birthing individual, utilizing an evidence-based screening questionnaire tool.
(x) "Warm Referral" means a person-centered connection, made in partnership with the affected family member or caregiver, to service providers that are able to meet the individual's needs.
(y) "Well-being" means the educational, emotional, physical, and mental health needs of infants and families are being met.
Section 4. Data Reporting and Oversight.
(a) Patient care teams responsible for developing and initiating a Plan of Safe Care shall provide the total number of infants and families for whom a Plan of Safe Care has been developed to the Department pursuant to W.S. § 35-2-1401(e).
(b) A member of the patient care team, involved in the delivery or care of Infants Prenatally Substance Exposed, shall notify the Department of the occurrence of those conditions of infants pursuant to 42 U.S.C. 5106a(b)(2)(B)(ii).
(c) The Department shall collect and report:
(i) The aggregated rate of births in the state of infants affected by substance abuse/withdrawal symptoms or Fetal Alcohol Spectrum Disorder pursuant to 42 U.S.C. 5106(a)(7)(C)(i)(I)(bb).
(ii) The number of infants identified for whom a Plan of Safe Care was developed, and for whom a referral was made for appropriate services pursuant to 42 U.S.C. 5106(a)(7)(C)(i)(I)(cc).
(iii) Pursuant to 42 U.S.C. 5106(a)(7)(E), the number of infants who:
(A) Experienced removal associated with parental substance use;
(B) Experienced removal and were reunified with parents, and the length of time between the removal and reunification;
(C) Were referred to community providers without a child protection case;
(D) Received services while in the care of their birth parents;
(E) Received post-reunification services within 1 year after reunification occurred;
(F) Experienced a return to out-of-home care within 1 year after reunification.
(d) Pursuant to 42 U.S.C 5106a(b)(2)(B)(iii)(II) the Department shall develop and implement a State monitoring system regarding the implementation of Plans of Safe Care to determine whether and in what manner local entities are providing referrals to and delivery of appropriate services for the infant and affected family or caregivers.
Section 5. Training. The Department and the Department of Health in consultation with the Statewide Plan of Safe Care Leadership Committee shall provide technical assistance and training to communities on the implementation and oversight of Plans of Safe Care.
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