Family Services, Dept. of

Child Care Licensing

Chapter 11: Health and Safety Requirements for All Facility Types

Effective Date: 04/21/2026 to Current

Rule Type: Current Rules & Regulations

Reference Number: 049.0033.11.04212026

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CHAPTER 11

HEALTH AND SAFETY REQUIREMENTS FOR ALL FACILITY TYPES

Section 1. Program Specific Certification Standards. All child care facilities shall comply with all sections of Chapters 1 through 3 and Chapters 8 through 11 of these Rules.

Section 2. Capacity, Ratios and Supervision.

(a) Licensed Capacity:

(i) A family child care home is located in the owner's primary residence and may be licensed for up to 10 children.

(ii) A family child care center is located in a residence or a commercial building and may be licensed for up to 15 children.

(iii) A child care center is located in a non-residence and may be licensed for 16 or more children.

(iv) The licensed capacity of each facility shall not be exceeded and is based upon:

(A) Indoor square footage (see Section 13. Indoor Play and Learning Environment)

(B) Outdoor square footage (see Section 14. Outdoor Play and Learning Environment)

(v) In a child care center, the room capacity shall be displayed in each room.

(vi) The following children are counted in the capacity and in staff:child ratios:

(A) Children of a family child care home owner or a family child care center in the Director's own home that are under the age of five (5) years old.

(I) In a family child care home or family child care center in the Director's home, friends aged 5 years old or older of the Director's own children shall be limited to two (2) at any given time without being counted in the overall capacity, as long as the Director is present and on site.

(B) In a family child care center located in a building other than the Director's home or child care center, all children present including foster children and children related to staff.

(b) Ratios and Group Size:

(i) Staff:child ratios and maximum group size shall be maintained in accordance with the following table during all hours of operation.

(A) Group size may also be limited by individual room capacities in centers.

Scenarios may not be combined	1 staff	2 staff	3 staff/max group size
Infants	1:4	2:8	3:10
One-year olds	1:5	2:10	3:12
Mixed Age Option 1	1:8, no more than: 2 infants 2 one-year olds	2:15, no more than: 4 infants 4 one-year olds 4 two-year olds 3 three-year olds or older	NA
Mixed Age Option 2	1:10, no more than: 2 under 2	NA	NA
Two-Year-Olds	1:8	2:16	3:18
3 and 4-Year-Olds	1:12	2:24	3:30
School Age (5+)	1:18	2:32	3:40
All open spots may be filled by children older than the available spot. For Mixed age groups with only 2-year-olds and older, defer to the ratios of the youngest child in the group (1:8 if the youngest is 2, 1:12 if the youngest is 3-4, 1:18 if the youngest is 5)

(ii) If necessary to meet the needs of the child, reasonable accommodations, including direct supervision and staff:child ratio adjustments, shall be made for children with special physical, cognitive, or behavioral needs, without adversely affecting care provided to other children.

(iii) The Owner/Director in a Family Child Care Home and a Family Child Care Center in the owner/director's home may be counted in staff:child ratios while performing minimal cleaning and food service duties, as long as children remain within sight and sound at all times.

(iv) Group size and staff:child ratios may be relaxed to one staff person in each room which has been measured and approved with a capacity at nap time as long as all children in the room are asleep and staff have a clear view of all sleeping children.

(A) Other staff may be excused for other activities; however, enough staff shall remain immediately available within the facility to meet overall staff:child ratios at all times and shall return to their room at the time that any child wakes.

(v) Group size shall not be exceeded for more than one (1) hour during opening and closing hours, meal and snack times, and special events.

(A) Facility and room capacity shall not be exceeded, and staff:child ratios shall be maintained.

(i) In Family Child Care Centers not in the Director's home and Child Care Centers, staff shall directly supervise children at all times.

(A) Staffing may be relaxed to one staff person in each room which has been measured and approved with a capacity at nap time as long as all children in the room are asleep and staff have a clear view of all sleeping children. Overall staff:child ratios within the facility shall be maintained. When any child awakens, reduced staff:child ratios in the room may no longer be used.

(ii) In Family Child Care Homes and Family Child Care Centers in the director's home, staff shall provide the following levels of supervision:

(A) Awake infants and toddlers shall be directly supervised by staff at all times;

(B) When children ages three (3) and four (4) years old are playing in an adjacent indoor area, the staff remains attentive and visually observes children every few minutes;

(C) For children five (5) years of age and older, staff shall be able to hear the children, be close enough to intervene at all times and visually observe them every few minutes; and

(D) When the staff:child ratio is at a level where only one (1) staff is necessary, napping children who are not within sight of the staff person shall be within easy hearing distance at all times and shall be checked on every few minutes.

(iii) All children shall be located on the same level of the building as staff at all times.

(iv) Staff shall respond promptly to comfort children's physical and emotional distress and address the cause of the distress.

(v) Children ages four (4) and older may use the bathroom in all facility types without direct supervision, as long as only one child is out of sight at a time, the child can be heard at all times and the child is checked on every few minutes.

(vi) Video or audio monitors shall not be used to meet staff supervision requirements.

(vii) Children 10 years or older may, with parents' written permission, be out of the direct supervision of an adult while participating in parent-approved activities.

Section 3. Qualifications and Responsibilities.

(a) All facility owners, directors and/or Board of Directors shall:

(i) Maintain a program that meets or exceeds licensing requirements;

(ii) Be responsible for the operation of the program and the actions of all staff, substitutes, volunteers, and household members and ensure that:

(A) Except for in the case of an emergency, staff shall refrain from the unnecessary personal use of electronic devices including, but not limited to, cell phones and portable electronic devices in a manner that negatively impacts or distracts from the direct supervision of children.

(B) Staff under 18 years of age and visitors shall be under the direct supervision of an adult staff member at all times.

(C) All staff and board members shall cooperate fully with any investigation by Licensing, law enforcement or Child Protective Services.

(D) A physician's statement shall be completed when requested by Child Care Licensing when there is a question of any staff member's ability to provide safe and adequate care for children or a change in the physical or mental condition of the owner or director that causes the Department concern about the ability to provide safe child care.

(E) At any time while child care children are present, on or off the facility premises or while transporting children, staff may not consume or be under the influence of any substance that may impair their ability to care for children, including all alcohol and illegal drugs, or consume or be under the influence of any substance that does impair their ability to care for children, including over-the-counter or prescription drugs.

(F) All media, including but not limited to, movies, internet sites, and video games that are rated higher than PG shall not be accessible to children during child care hours.

(G) There shall be no unnecessary nudity of children, no nudity of staff members or any form of sexual behavior, including but not limited to conversations or contact.

(b) Visiting Therapist

(i) Visiting therapists who are fully qualified at another licensed child care facility may be present and have unsupervised access to only the child receiving therapy services with the following requirements on file at the child's home facility:

(A) Visiting Therapists shall not be used to meet staff:child ratio requirements, supervision requirements, or provide medications or discipline and guidance to children in the care of the facility.

(B) Visiting Therapists shall provide a complete qualification letter (CCL-611) to the child's facility upon start of services and any time there is an update, including annually upon new child abuse and neglect check.

(C) The child's home facility is responsible for ensuring they have a current and updated qualification letter for any Visiting Therapists which have or will have unsupervised access to any child in care.

(i) Youth Trainees ages 13 to 15 may be present in the facility with a written plan outlining their specific purpose for being present, training goals and objectives.

(A) A youth trainee shall be directly supervised, aided, and assisted by a fully qualified adult staff at all times.

(B) Youth trainees shall not be counted in the staff:child ratio and shall not provide direct care.

(C) The facility shall maintain records and document training time in the facility with dates, time, location and supervising trainer.

(d) Onsite Oversight by Owners and Directors.

(i) Family Child Care Home Owners, Family Child Care Center Directors and Child Care Center Directors shall be onsite and engaged in the program to ensure adequate oversight.

(A) Family Child Care Home Owners shall be onsite at least 75% of operating hours.

(I) When an Owner is not present at the facility, a qualified adult staff person with sufficient knowledge and training in the operation of the facility, as well as decision-making authority and access to child and staff records, shall be present and responsible for the care provided.

(B) Family Child Care Center and Child Care Center Directors shall be onsite at least 50% of operating hours.

(I) When a Family Child Care Center or Child Care Center Director is not onsite, the Assistant Director or a qualified adult staff member who meets the assistant director requirements shall be present and responsible for the care provided.

(II) If the Director is going to be off site for more than 2 weeks, or cannot meet this requirement on a regular, ongoing basis, an approved variance shall be on file at the facility.

(ii) In the event the director leaves the employment of the facility, the assistant director shall be responsible until a director is hired.

(A) The facility shall notify Child Care Licensing immediately.

(B) A director shall be hired within 90 days.

(e) Staff Qualifications for Family Child Care Home Owners.

(i) Family Child Care Home Owners shall:

(A) Be at least 18 years of age; and

(B) Have a high school diploma or an equivalent certificate.

(ii) All other staff shall be at least 16 years of age.

(f) Staff Qualifications for Family Child Care Centers and Child Care Centers.

(i) The Director shall:

(A) Be at least 21 years old;

(B) Have a high school diploma or an equivalent certificate; and

(C) Have any combination of education and experience equivalent to one (1) year in the areas of early childhood management, early childhood education, child development, or another related field.

(ii) An Assistant Director shall:

(A) Be at least 18 years of age;

(B) Have a high school diploma or an equivalent certificate;

(D) Have sufficient knowledge and training in the operation of the facility as well as decision making authority and access to child and staff records to assume the duties of director during their absence.

(iii) All other staff shall be at least 16 years of age.

(g) Background Checks.

(i) The following background checks are required and shall be on file for all owners, directors, adult staff, employees, substitutes, and volunteers who are in the facility during operating hours, prior to working in the facility, assuming responsibility for and providing direct care of children, and household members 18 years of age and older residing in or moving into the facility:

(A) A Central Registry or child abuse/neglect check in Wyoming and in all states lived in for the past five (5) years;

(I) The Central Registry or child abuse/neglect check and state Sex Offender Registry shall be completed annually.

(II) An out-of-state abuse/neglect Central Registry background check for states lived in during the past five (5) years does not have to be repeated unless the person has lived in that state since the last check was performed.

(B) A National Crime Information Center's 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;

(D) A state criminal history check for Wyoming and each state the person has lived in for the past five (5) years.

(I) The state criminal history background check for states lived in during the past five (5) years do not have to be repeated unless the person has lived in that state since the last check was performed.

(ii) The Federal Bureau of Investigation criminal history background check, state criminal registry check, and National Sex Offender Registry checks shall be completed every five (5) years.

(iii) The Department may require new background checks at any time. 

(iv) A person shall 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, or substantially similar to, any of the following:

(A) Felony:

(I) Abuse, neglect, abandonment, exploitation or endangering children or vulnerable adults;

(II) A sexual offense against an adult 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) Animal Cruelty;

(X) Drug offense (within the last 10 years);

(XI) Arson; or

(XII) Alcohol related offense (within the last 10 years).

(B) Misdemeanor:

(I) Battery or physical assault;

(II) Violent misdemeanor committed by an adult against a child;

(III) Domestic Violence;

(IV) A sexual offense against an adult or child (including child pornography);

(V) Allowing the commission of a sexual offense against an adult or child;

(VI) Child abuse, child neglect, child endangerment or similar offense;

(VII) Drug offense or Driving Under the Influence within the last five (5) years, excluding the first misdemeanor Driving Under the Influence (DUI).

(C) Any other crime, pattern of criminal convictions or pending criminal charges that causes the Department to be concerned for the safety or well-being of children or others.

(h) Disqualification Based on Background Checks

(i) Owners, staff, employees, household members, substitutes, and volunteers shall not work in the facility when there are children present, if there is an open Child Protective Services (CPS), Child Care Licensing, Law Enforcement investigation or pending criminal charges which is directed at the individual for an allegation which causes concern for the safety and well-being of children.

(A) The facility shall report within 24 hours to Child Care Licensing when there is an open CPS or Law Enforcement investigation.

(ii) Disqualified prospective employees, staff, or 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.

(A) An accurate and complete criminal history shall be submitted in conjunction with the request for a review.

(B) 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.

(D) The owner or director shall be provided notice of whether the prospective employee, staff, or household member remains disqualified.

(E) The disqualified person does not have the right to a Contested Case Hearing.

(iii) A disqualified prospective employee, staff, or household member may request a review to show evidence the individual has been rehabilitated from the following:

(A) a felony drug or alcohol-related conviction that occurred five (5) or more years ago;

(B) a conviction of misdemeanor physical assault, battery or domestic violence which occurred five (5) or more years ago; or

(iv) The individual shall request the review within 10 days of the receipt of the disqualification notice by submitting the following:

(A) Evidence of rehabilitation shall be submitted with the request for review.

(B) The Department shall determine if rehabilitation has occurred and provide notice to the owner or director and the requesting party within 20 days.

(C) The disqualified prospective employee, staff, or household member does not have the right to a Contested Case Hearing.

Section 4. Staff Training.

(a) Pre-service Training.

(i) All staff shall receive the approved pre-service training.

(A) The owner or director shall complete the training prior to license issuance.

(I) The owner or director shall complete an approved new director training plan and on-site visit within three (3) months of assuming responsibility for the facility.

(B) Other staff shall complete the training within three (3) months of the employee's start date and prior to providing unsupervised care for children.

(C) Approved pre-service training may be counted towards pre-service requirements if completed within the 12 months prior to the staff's start date or, for the owner or director prior to the issuance of the initial license.

(ii) Pre-service training shall include, but not be limited to:

(A) Emergency preparedness and disaster planning in response to a natural disaster or a human-caused event, including violence at a facility;

(B) Building and physical premises safety, including fire safety, identification and protection from hazards, bodies of water, and vehicular traffic (also see Chapter 10, Section 16 on Fire Safety and Evacuation Plans);

(D) Pediatric and adult first aid and pediatric and adult cardiopulmonary resuscitation (CPR) (including in-person skills demonstration from a certified instructor);

(E) Medication administration;

(F) Prevention of sudden infant death syndrome (SIDS) and the use of safe sleeping practices;

(G) Infectious disease control;

(H) Recognition and mandatory reporting of suspected child abuse or neglect;

(I) Prevention of shaken baby syndrome;

(J) Prevention of abusive head trauma and child maltreatment;

(K) Prevention and response to food and other allergic reactions;

(L) Transportation safety (this topic does not need to be completed if a program does not transport children for any purpose); and

(M) Wyoming Early Learning Standards (Child Development).

(b) All staff shall participate in facility orientation training that includes a review of all program policies, procedures, and Child Care Licensing rules and sign a statement that they have read each of them.

(i) Any person, who for more than 24 hours in any month in the licensing year, either provides direct care to children or is counted in the staff:child ratio shall complete ongoing training of a minimum of 12 training credits annually, in the area of early learning, early childhood and/or child development.

(A) Eight (8) health and safety credits shall be taken every two (2) years, and shall include the required pre-service training topics listed under (a)(ii) above, with the exception of (M), and shall be counted towards the 12 training credits in the year they are taken.

(B) All staff shall maintain current certification in pediatric and adult first aid and pediatric and adult CPR with Department-approved training that includes in-person skills demonstration with a certified instructor. One (1) training credit shall be applied for each training within the two (2) year training period.

(ii) All staff members, including substitutes and part time staff members who are qualified to work in the facility and who provide direct care to children, shall complete eight (8) health and safety credits, shall be taken every two (2) years and shall include the required pre-service training topics listed under (a)(ii) above.

(iii) Training, including the pre-service training, taken before the initial license issuance shall not be counted toward this ongoing training.

(iv) Directors are required to meet all training requirements regardless of the number of hours the director is engaged in direct supervision of children.

(v) Completed training hours shall only be counted during the year that the training was completed.

(d) Caring for Infants

(i) All staff caring for infants shall complete a minimum of two (2) training credits each year in specialized infant training as part of their annual training requirements.

(ii) When four (4) or more infants are present:

(A) at least one staff working directly with infants shall have a current Infant/Toddler Credential recognized by the Department and complete a minimum of four (4) training credits of specialized training in the care of infants each year.

(iii) Required infant training credits may be counted towards the 12 required annual credits.

(e) Approval of Training

(i) Training shall be approved by the Department before credit shall be accepted.

(A) Training sponsored by an accredited college, university, or approved organization does not require individual Department approval if it is related to the care of children.

(B) Each college credit hour shall equal 15 training credits.

(C) Any staff member who has a professional certificate or license through a Wyoming licensing agency and provides specialized services to children in a childcare setting, such as speech therapy and occupational therapy, which requires and tracks continuing education, shall submit equivalent transcripts or verification of licensure good standing to Child Care Licensing from their regulating agency in lieu of completing elective requirements.

(D) Any staff member who has a professional certificate or license requiring continuing education units (CEU's) in the area of child growth and development may apply those units to meet child care licensing requirements. Each CEU credit hour shall equal 10 training credits.

(f) Documentation of completion of training credits shall be kept on file at the facility and shall be submitted and reflected on the individual's training summary.

Section 5. Policies and Procedures.

(a) The organization shall develop, adopt, follow and maintain policies and procedures to keep children safe and healthy.

(i) Parents shall sign that they were given a copy of written program policies upon their child's enrollment and when there are changes to the policy.

(ii) Staff shall be given a copy upon employment and when changes are made.

(b) Program policies and procedures shall include the following unless they are not applicable to the program:

(i) Administrative policies such as fees and payment schedules, hours of operation, ages of children accepted, holidays when the center is closed, services provided by the child care facility, and expectations of parents;

(ii) Release of children to authorized people (refer to Chapter 11, Section 6);

(iii) Infant sleep practices (refer to Chapter 11, Section 10);

(iv) If overnight care is provided, sleeping arrangements and supervision (refer to Chapter 11, Section 11);

(v) The presence and storage of any weapons on the premises (refer to Chapter 11, Section 12);

(vi) Safe use of a swimming pool, wading pool, or any other unfenced body of water, if one is used on- or off- site. (refer to Chapter 11, Section 15);

(vii) Animals and pets (refer to Chapter 11, Section 16);

(viii) Care of sick children, including any exclusion requirements (refer to Chapter 11, Section 16);

(ix) Care for children with food and other allergies (refer to Chapter 11, Section 16);

(x) Care for children with special health care needs (refer to Chapter 11, Section 16);

(xi) Exclusion of ill staff (refer to Chapter 11, Section 16);

(xii) Administration of medication (refer to Chapter 11, Section 17);

(xiii) Emergency preparedness procedures (refer to Chapter 11, Section 18);

(xiv) Guidance and discipline to include expulsion and suspension policies (refer to Chapter 11, Section 20);

(xv) Transportation and field trips (refer to Chapter 11, Section 22);

(xvi) Complaint procedures for reporting concerns;

(xvii) Information on obtaining a facility's complaint and compliance history and licensing inspection reports; and

(xviii) Notice whether the facility has liability insurance. If the facility does not have liability insurance, parents shall be informed in writing and shall acknowledge by signature, and the notice shall be maintained in the child's record.

(i) shall be provided to personnel upon employment and when revisions are made; and

(ii) include at least the following:

(A) qualifications, responsibilities, and professional development requirements for each position, including initial and continuing professional development. Position descriptions may meet this requirement;

(B) chain of command;

(D) in depth review of the facility's discipline and guidance and infant care policies.

(d) The following information is posted in a prominent location in the facility:

(i) A copy of the facility's license;

(ii) A notice that parents can request access to licensing inspection reports, complaint and compliance history, staff:child ratio requirements, and contact information for board members (if applicable);

(iii) Emergency phone numbers for the fire department, police, rescue and ambulance services, the poison center, child abuse reporting hotline, and the location of the facility;

(iv) Evacuation route;

(v) Current weekly menu;

(vi) Legible pool safety rules posted in the pool area, if applicable;

(vii) Diaper/training pants changing procedure posted where diapers and training pants are changed (for Family Child Care Centers and Child Care Centers);

(viii) Handwashing procedure posted in all food preparation, hand hygiene, diapering, and toileting areas (for Family Child Care Centers and Child Care Centers);

(ix) Daily schedule of activities including outdoor play (for Family Child Care Centers and Child Care Centers); and

(x) Written schedule of outdoor play use if children rotate time on the playground play (for Child Care Centers).

Section 6. Records.

(a) Complete and updated administrative, staff and child records shall be maintained on-site. (Also see Section 8 regarding confidentiality of records).

(i) All records for children actively participating in a program shall be reviewed and updated annually and when notified by the parent of a change.

(ii) Records shall be retained for a minimum of three (3) years.

(b) Administrative records shall include:

(i) Current and accurate attendance records for each child and staff members to include the dates and arrival/departure times that are verified by staff;

(A) For Family Child Care Centers and Child Care Centers, attendance records shall include the children and staff members in each area care is provided;

(ii) Current health, fire, zoning (if required), and licensing inspection reports;

(iii) Private water testing reports (if required);

(iv) Manufacturer's instructions for all indoor and outdoor play equipment;

(v) Record of emergency drills (see Section 18. Emergency Preparedness);

(vi) Menus (see Section 19. Food and Nutrition).

(A) Menus shall be kept weekly, and are not required to be on file for 3 years.

(c) Owner, director, staff, employees, household members, substitute and volunteer records shall be current and maintained at all times either on the DFS-205, Facility Staff Record or other similar record, and shall include:

(i) Name, date of birth, address, and telephone number;

(ii) Date of employment or date moved into the home;

(iii) Documentation of qualifications and training, to include the number of hours of training, dates, and titles of training; and

(iv) Results of all required background checks including for any adult who intends to move into the home (see Section 3 for required background checks).

(d) Individual child's records shall be completed by the parent before a child is left in care and shall include:

(i) The child's full name, birth date, current address and date of enrollment;

(ii) Name, home address, employment addresses, and phone numbers of parent(s) or guardian(s) legally responsible for the child;

(iii) Names, addresses and telephone numbers of persons authorized to take the child from the facility;

(iv) Names, addresses and telephone numbers of person(s) who can assume responsibility for the child in the event of an emergency, if parents cannot be reached immediately;

(v) Name and telephone number of the child's physician and dentist;

(vi) Health information including allergies, special diet, chronic physical problems, and other special needs;

(vii) Reports of injury or illness occurring while a child is in care that required hospitalization or treatment by a physician or the death of a child;

(viii) A care plan for children with special physical or behavioral needs (see Section 16. Health);

(ix) Immunization records as required by W.S. 14-4-116 and the Department of Health, Immunization Program (see Section 16. Health);

(x) Medication authorization and administration records. (see Section 17. Medication Administration);

(xi) Written authorization for the child to participate in field trips or excursions, whether walking or riding;

(xii) Written authorization for the child to be transported;

(xiii) Written authorization for the child to use a swimming or wading pool (less than 12 inches of water) if one is used on- or off-site or to be in the vicinity of an unfenced body of water;

(xiv) Written authorization for emergency medical care; and

(xv) Other child or family information if pertinent to the child's care.

Section 7. Reports.

(a) The following incidents shall be reported to Licensing within 24 hours:

(i) The death of a child;

(ii) Serious injuries or illness that result in medical care (Shall be reported on CCL-605 or equivalent form within 3 days);

(iii) Any incident or unusual occurrence that is threatening to the health, safety, or welfare of the children, staff, or volunteers such as an error in the administering of medication, lost child, emergency response, animal bite, contact with law enforcement or the fire department, or unanticipated closure of the facility; and

(iv) Any damage to the facility as a result of severe weather, fire, flood, or other natural disaster, or damage to the facility by any means that prevents the facility from normal operation.

(b) An owner, director and all staff shall report immediately to the local Department of Family Services office and/or local law enforcement any suspected abuse or neglect of a child by a person inside or outside of the program.

Section 8. Confidentiality.

(a) Confidential information including children's names, records, photographs, and information about a child or the child's family shall not be shared with unauthorized individuals or posted without a parent's written permission.  

(i) Individuals authorized to see all licensing records and information include the Department of Family Services staff and law enforcement. 

(b) Children's names shall not be included in notifications to parents for occurrences including but not limited to communicable disease exposure or a biting incident.  

(c) Confidential information shall be seen by and discussed only with staff members who need the information in order to provide services.  

(d) Parents shall not be denied access to a child's records unless a court order restricting their access to information or terminating the parent's rights has been provided.

(e) Anyone wishing to read or obtain information from a record not available on the Department's website shall make a written request to the Department. Parts of the record that shall not be available for public inspection are:  

(i) Names and personal information of children or their relatives and names of complainants;   

(ii) Personal information of the owner, director and staff, such as but not limited to, social security numbers, date of birth, background check results, physician's statements; and 

(iii) Any information that is confidential by law.

Section 9. Parental Communication.

(a) Access to children

(i) Parents/guardians shall have access to their child while the child is in attendance and allowed to observe their child's care. They shall have unrestricted and immediate access during operating hours to all areas licensed and being used for care unless restricted by a court order.

(ii) Locks on exterior doors can be used if there is a method to admit parents immediately upon their arrival and they are readily openable from the inside without the use of a key.

(iii) Children shall not be released to unauthorized persons without prior parent approval and proper identification.

(b) Parent Notifications

(i) Parents shall be notified immediately and documentation of that notification made of:

(A) a school-age child not arriving at the facility as scheduled or not present at the pick-up location as scheduled;

(B) serious health issues such as an injury, allergic reaction, seizure or condition that may need evaluation by a licensed physician or use of emergency medication;

(D) a child being excluded from the group due to symptoms of illness or infestation; and

(E) a vehicle collision involving their child.

(ii) Parents/guardians shall be notified before or when picking up their child of health issues such as minor injuries, symptoms of illness, exposure to a communicable disease or infestation, or behavioral issues of concern.

(i) Parents shall be given opportunities to talk with staff members about their child's care, concerns, and suggestions.

(ii) Parents shall be made aware if video cameras are used in the facility and any related policies.

Section 10. Infant and Toddler Care.

(a) Staffing

(i) When four (4) or more infants are present, there shall be:

(A) a staff member with the infant/toddler credential present for at least 50% of the operating week; and

(B) two (2) staff in the facility at all times.

(b) Infant Sleep Equipment

(i) Cribs and other sleep equipment shall meet Consumer Product Safety Commission (CPSC) ASTM safety standards. A copy of the requirements for full-size baby cribs and non-full-size baby cribs is available at https://www.cpsc.gov. Manufacturer's instructions shall be followed including the appropriate age group to use that equipment.

(ii) Mattress shall have a tight-fitted sheet. Any sleep surfaces used by infants shall be firm, flat and non-inclined.

(iii) Drop-side and stacking cribs are prohibited.

(iv) Cribs and mattresses shall be thoroughly cleaned and sanitized before assignment for use by another child.

(v) Cribs and playpens shall be separated by a space of not less than three (3) feet.

(i) Infants shall always be placed on their backs for sleep unless a licensed health care professional signs a waiver indicating a timeframe that the child requires an alternate sleep position. Infants who have not demonstrated the ability to turn over from back to stomach and stomach to back shall be repositioned to their backs while sleeping.

(ii) If an infant arrives or falls asleep in any piece of equipment not designed as sleep equipment, they shall be immediately moved to a firm, flat, non-inclined surface.

(iii) No toys, soft objects, stuffed animals, pillows, bumper pads, blankets, quilts, or loose bedding shall be allowed in the sleeping area or hung on the side of or above the crib.

(iv) Pacifiers shall only be used when provided by the parent. Attachments to pacifiers shall be prohibited for sleeping infants.

(v) There shall be nothing placed over an infant's head or face while sleeping.

(vi) Infants shall not be swaddled without a statement from a licensed health care professional on file, including instructions and a time frame for swaddling an infant. Swaddling is prohibited for infants that have the ability to roll over independently.

(vii) Sleep sacks and similar safe sleep clothing may be used if the item does not restrict the infant's limbs.

(viii) There shall be enough light to clearly observe the infant's color and breathing.

(d) Diapering and Training Pants

(i) Diapers/training pants shall be checked on a frequent and regular basis and changed promptly when found to be wet or soiled.

(ii) Diaper changing shall be documented for each infant and available to the parent.

(iii) There shall be a designated diaper changing area if children in diapers or training pants are in care and diapers and training pants shall only be changed in this area.

(A) The distance between the diaper changing area and a hand sink with hot and cold running water shall not exceed 12 feet.

(B) Children being changed shall be within arm's reach of the staff member and actively supervised throughout the changing process.

(C) A sufficient supply of clean, dry diapers and other supplies shall be available and within reach of the diaper changing area.

(D) Wet or soiled diapers/training pants shall be stored in a trash container with a tight- fitting lid and emptied daily or stored in a plastic bag that is tied and placed out of reach of children.

(E) The area shall be sanitized after each change with an approved sanitizing agent following manufacturer's instructions, readily available, and clearly labeled.

(F) Hand washing is required before and after every change. Disposable gloves shall be used when bio-contaminants (i.e. blood) are present and materials shall be disposed of properly.

(iv) If used, changing tables shall:

(A) have fluid resistant, nonabsorbent, smooth surfaces in good repair that do not trap soil and are easily disinfected; and

(B) be sturdy and stable to prevent tipping over.

(e) Food Service

(i) The staff shall ensure that baby food, formula, or breast milk that is brought from home for an individual child's use is:

(A) labeled with the child's name;

(B) labeled with the date and time of formula preparation, when breast milk was expressed, or a jar of baby food was opened;

(D) discarded or returned to the parent/guardian within 24 hours of preparation or opening, except for unprepared powdered formula or dry food.

(ii) Formula and milk, including breast milk, shall be discarded or returned to the parent/guardian after feeding or within four (4) hours of starting a feeding.

(iii) Infants shall be held for bottle feeding until they can hold their own bottle securely without assistance and sit upright. Bottles shall never be propped. A child shall not be left sleeping with a bottle.

(iv) Infants shall be fed on demand unless the parent provides written instructions otherwise.

(v) All infant feeding shall be documented and available to parents daily.

(vi) Children under age two (2) who are not on formula or breast milk shall be served pasteurized whole milk unless written documentation is provided by the parent or physician and on file.

(f) Environment

(i) If infant care is included in the same building as a facility caring for children of other ages, infants shall be provided with a designated and safe play area.

(A) All infants shall have ample opportunity during each day for freedom of movement, such as creeping or crawling or rolling in a safe, clean, open, uncluttered area.

(B) Awake infants or toddlers shall not be confined to a crib, playpen/play yard, swing, high chair, car seat, or carrier for more than 30 minutes.

(ii) Safe and age/developmentally appropriate play equipment shall be provided such as washable toys, rattles, blocks, balls, and music player.

(iii) All hard-surface toys used by infants and toddlers shall be sanitized daily.

(iv) Infants not held for feeding shall have manufacturer approved infant chairs and tables, infant seats with trays, or high chairs with a safety strap.

Section 11. Evening and Overnight Care.

(a) The following additional requirements apply when children are in care after 7:00 p.m.:

(i) Children shall receive a full evening meal. Children who are in attendance overnight shall also receive breakfast unless released to the parent before 8:00 a.m.;

(ii) Children shall be assisted with bedtime and morning personal hygiene needs;

(iii) Each child shall have a separate crib, cot or manufacturer approved bed with clean bedding appropriate for the child's age; and

(iv) Children of the opposite sex over six (6) years of age shall have separate sleeping areas.

(A) Siblings may sleep in the same sleeping area with written parental permission on file.

(b) Supervision in a Family Child Care Home or Family Child Care Center in the Director's home:

(i) Staff shall be on the same level as the children and be able to hear them.

(ii) Staff shall be accessible and responsive when children are dropped off or picked up and when children awaken during the night and require attention.

(i) There shall be a staff member awake and directly supervising when children are sleeping.

(ii) Staffing may be reduced to one (1) staff member in each room which has been measured and approved with a capacity as long as all children are asleep and the staff has a clear view of all children. Overall staff:child ratios within the facility shall be maintained. When any child awakens, reduced staff:child ratios in the room may no longer be used.

Section 12. Physical Facility.

(a) Overall Condition

(i) The overall condition of the child care facility and grounds, including play areas and equipment, shall be maintained in good repair, clean, uncluttered, in a safe condition, and free of hazards.

(A) Surfaces shall be easily cleanable and free of cracks.

(ii) Children shall be present only in areas of the facility approved and inspected for child care and designated for their use.

(iii) Soiled laundry shall be inaccessible to children and not stored, sorted or laundered in a dining or food preparation area.

(iv) Building components including walls, doors, and windows that have been painted with lead-based paint shall have the paint safely removed, covered over, or shall be tested for dust lead levels for safety.

(b) Heating, Cooling, Lighting, and Ventilation

(i) All rooms used by children shall be adequately heated, cooled, illuminated, and ventilated.

(A) The temperature in each room shall not be less than 60° F. nor more than 80° F.

(B) Lighting levels shall be adequate to ensure children's comfort and safety during activities and to observe children's facial features during nap time.

(i) Restrooms shall be easily accessible to children.

(ii) Hand washing sinks shall be located in or immediately adjacent to restrooms.

(iii) Sinks for children shall be at a height of 24-36 inches, or sturdy stools shall be provided.

(iv) Hot water for faucets normally used by children in care shall not exceed 120 degrees Fahrenheit.

(v) Soap, single service hand towels or hand drying devices, toilet tissue, and a covered garbage receptacle shall be provided in all restrooms.

(vi) For children ages three (3) and older that are not toilet trained, refer to Diapering and Training Pants (Chapter 11, Section 10(d)).

(d) Water Supply

(i) An adequate supply of hot and cold water (under pressure) shall be provided to all rooms in which food is prepared and food service items are washed and to all restrooms.

(ii) All water shall be safe and meet state and federal standards for consumption.

(A) Private water supplies serving child caring facilities shall have a bacterial test prior to beginning operation and every six (6) months.

(B) If infants under one (1) year are present, a private water supply shall be tested for nitrates every three (3) years.

(C) Water tests shall be conducted at an EPA certified laboratory and/or a laboratory accredited for microbiological testing in drinking water according to EPA approved testing methods.

(iii) When public or private water supplies are determined unsuitable for drinking, commercially bottled water shall be provided.

(e) Sewage Disposal

(i) All sewage, including liquid waste, shall be disposed of by a public sewerage system or by a sewerage disposal system constructed and operated according to the requirements of the Department of Environmental Quality (DEQ) or its authorized representative.

(ii) Non-water carried sewage disposal facilities shall be prohibited, except as permitted by the regulatory authority in remote areas or because of special situations.

(f) Garbage Storage

(i) Inside garbage storage shall be kept in lined, durable, easily cleanable, insect- and rodent-proof containers that will not leak or absorb liquids.

(ii) All containers used for garbage in the kitchen and bathroom(s) shall be kept covered with tight fitting lids and shall be available in sufficient numbers to accommodate all garbage and refuse.

(iii) Outside containers shall be made inaccessible to dogs, cats, and wild animals.

(iv) Containers shall be kept clean at all times.

(v) Garbage and refuse shall be disposed of often enough to prevent the development of odor(s) and/or the attraction of insects and rodents.

(g) Pest Control

(i) Safe and effective measures shall be taken to prevent and eliminate the presence of insects, rodents, and other pests.

(ii) All doors, windows, and other entrances to the outside shall effectively protect against the entrance of all insects and rodents.

(iii) Approved methods, besides physical restraint, are fly strips, electronic killing devices, and other nontoxic methods or pesticides if approved by the regulatory authority.

(h) Hazards

(i) Potentially dangerous or unsafe items shall be made inaccessible to children including anything labeled "keep out of reach of children" or with a "Danger" designation.

(A) Other unsafe items include but are not limited to household cleaning chemicals, pesticides, insecticides, uninsulated wires, batteries, matches, lighters, medicines, alcohol, poisonous or harmful plants, and items capable of being pulled or tipped onto a child.

(B) Bio-contaminants shall be handled and disposed of properly, including using disposable non-latex gloves, disinfecting the exposed area, disposing of materials in a lined, covered container, washing hands thoroughly with soap and water and sealing contaminated clothing in labeled plastic containers or bags to return to parents.

(ii) Elevated decks and porches, steps, stairs, and walkways shall have sturdy hand railings, guardrails, and child safety gates when infants and toddlers are present.

(iii) Children shall not have access to cords or ropes such as electrical and window blind cords, charging cords, and play equipment with long strings.

(iv) Spaces that could entrap children such as openings in guardrails, banisters, fences, or playground equipment, shall measure three and a half (3.5) inches or less or more than nine (9) inches to prevent entrapment.

(v) Electrical outlets shall be tamper-resistant or covered with safety caps when not in use.

(vi) Electric fans shall be out of the reach of children or shall be fitted with an appropriate mesh to prevent access to the blades by children.

(vii) Sharp objects, edges, corners, splinters, protruding nails, or other items that could cut or puncture skin shall be inaccessible to children.

(viii) Choking hazards shall be inaccessible to children younger than three (3) years of age.

(ix) Any item which may present a burn hazard including heating units and appliances, shall be made inaccessible to children unless its use is for an activity directly supervised by an adult.

(x) Poisonous or toxic chemicals shall not be used around children, stored above or adjacent to food, food service items, food contact surfaces, or toys or used in a manner that contaminates surfaces.

(xi) Containers of poisonous or toxic materials shall be kept in their original containers or clearly labeled for easy identification of contents.

(xii) Programs not located in the owner's residence shall prohibit firearms, ammunition, or other weapons in any area, outdoor space or in vehicles used by children, except by Law Enforcement personnel.

(xiii) Programs located in the owner's residence shall ensure that firearms, ammunition, and other weapons are inaccessible to children including in outdoor areas and in vehicles.

(A) Weapons and ammunition are stored and locked separately from each other in an area inaccessible to children.

(xiv) No explosives of any type shall be allowed on the premises.

Section 13. Indoor Play and Learning Environment.

(a) Indoor Square Footage

(i) The indoor area designated for children's use while in care shall include a minimum of 35 square feet of usable play space per child, and this space shall be available to the children on a continual basis.

(A) Not included in the play space are hallways, stairways, closets, furnace rooms, storage space, food preparation areas, bathrooms, offices, and other areas not available to children.

(B) The dining area of a kitchen may be counted when made available to the children throughout the day. Children shall not have access to food preparation areas.

(C) When play and sleep space is combined with sleep equipment left standing (i.e., cribs or pack ‘n plays) for infants and toddlers, there shall be a minimum of 50 square feet for each infant or toddler.

(b) Indoor Large Muscle Play Area

(i) If the required outdoor space in Section 14 is not available, the same amount of indoor space required in Section 14(c) may be used and provide for the types of activities equivalent to those performed in an outdoor space.

(A) If the required amount of indoor large muscle play space is not available, the facility shall have an approved plan to rotate children so that the number of children in the play space shall not exceed its capacity.

(B) A written schedule for indoor space play use shall be posted in a prominent place.

(i) Furniture and play equipment shall be sturdy, safe, in good repair, and child-sized or appropriate for children's use.

(ii) Protective surfacing shall be installed, maintained and replaced according to the manufacturer's instructions. If manufacturer's instructions are not available, refer to the Consumer Product Safety Commission (CPSC) and ASTM International Standards.

(A) When manufacturer's instructions do not specify surfacing requirements, indoor play equipment with a fall height of more than 24 inches shall be installed over a protective surface covering the appropriate use zones.

(iii) If commercial constant air inflatable devices are used indoors, they shall meet the standard in Section 14, Outdoor Play Space (d)(v).

(d) Nap and Rest Time

(i) Children remaining at the center more than four (4) hours shall be encouraged to nap or rest according to their individual needs.

(A) Children shall be provided a time for relaxation but are not required to sleep. For children who do not fall asleep within 30 minutes, relaxation time activities shall be provided that encourage focused, independent play with minimal noise. Children shall not be required to do activities on a sleeping device.

(ii) Each child over (1) year of age who naps shall have their own blanket, sleeping bag, mat, cot, or manufacturer approved bed with clean bedding to sleep on. (See Section 10. Infant and Toddler Care for standards on infant sleep equipment.)

(A) Bedding shall be washed once a week or more often as needed.

(B) Bedding material (unless laundered) shall be stored so that the bedding is not touching to prevent possible cross-contamination.

Section 14. Outdoor Play and Learning Environment.

(a) Use of Outdoor Play Space

(i) Outdoor play space is required if a child care facility provides care for more than a four (4) hour period per day.

(ii) If an outdoor play space is not required but is used by children, it shall meet the requirements in this section.

(iii) All children shall have outdoor play at least one (1) time each day for at least 30 minutes when weather and environmental conditions do not pose a significant health or safety risk.

(A) Staff shall ensure that children have protection appropriate for weather conditions.

(iv) Playgrounds and play equipment located on school grounds and serving only school-age children shall be accepted when their use is approved by the school.

(b) Outdoor Square Footage

(i) All facilities shall have a minimum of 75 square feet of outdoor play space for each child. If the required outdoor play space is not available, the facility shall have an approved plan to rotate children on the playground.

(A) Unless measured and approved prior to the adoption of these rules, outdoor play spaces which are utilized by only children aged 24 months and younger shall have a minimum 50 square feet of outdoor play space for each child.

(B) The number of children on the playground shall not exceed its capacity.

(i) The outdoor play area shall be enclosed with a fence, wall, or natural barrier. It shall be at least four (4) feet in height and the bottom edge shall be no more than three and one-half (3.5) inches off the ground.

(ii) Outdoor play areas shall be maintained in a safe condition, well drained, and free from hazards or debris, including but not limited to litter, tree branches, or animal waste.

(iii) The outdoor play area shall not contain any unsecured bodies of water, including but not limited to a pond, lake, creek, decorative pool, standing water, drainage ditch, or animal watering trough.

(iv) Window wells shall be covered but shall not impede egress or allow for entrapment.

(v) A shaded area shall be provided in the outdoor play area.

(d) Outdoor Play Equipment

(i) Equipment shall be of appropriate type and size for each age group in accordance with manufacturer's instructions.

(ii) Equipment shall be sturdy, stable, in good repair and installed, used and maintained as directed by the manufacturer's instructions and specifications. If manufacturer's instructions are not available, equipment shall be installed, used, and maintained in accordance with the Consumer Product Safety Playground Safety Handbook. https://www.cpsc.gov/s3fs-public/325.pdf.

(A) All pieces of playground equipment shall be designed and maintained to guard against entrapment and strangulation.

(I) Any openings in gross motor equipment shall be smaller than three and one-half (3.5) inches or greater than nine (9) inches to prevent entrapment.

(iii) Sandboxes shall be constructed to permit drainage and shall be covered tightly and secured when not in use.

(iv) Trampolines over 36" in diameter shall not be used or accessible on or off the premises.

(A) Small exercise trampolines may be used by children three (3) years or older with direct supervision.

(v) Constant air inflatable devices shall only be used in accordance with the Consumer Product Safety Commission (CPSC) standards and manufacturer's instructions, under direct staff supervision, and with parent's permission that states safety measures in place.

(e) Protective Surfacing

(i) Use zones, or the area under and around equipment on which a child falling or exiting from the equipment would be expected to land, shall be of protective material, such as wood chips, pea gravel or other approved material.

(A) Equipment with a fall height of more than 24 inches but less than seven (7) feet shall have six (6) inches of uncompressed protective surface.

(B) Equipment with a fall height of seven (7) feet to ten (10) feet shall have nine (9) inches of uncompressed protective surface.

(D) Protective surfacing shall be installed, maintained, and replaced according to the manufacturer's instructions.

(I) If manufacturer's instructions are not available, protective surfacing shall be installed, used, and maintained in accordance with the Consumer Product Safety Playground Safety Handbook. https://www.cpsc.gov/s3fs-public/325.pdf.

Section 15. Water Activities and Hazards.

(a) When a facility is utilizing swimming pools, wading pools, or other unsecured bodies of water either on the premises or off-site, the following rules shall apply:

(i) Swimming Policies

(A) Facility policy shall include written safety procedures outlining conditions for use of a wading or swimming pool or other body of water.

(B) Written parental consent is required for use of a swimming pool, wading pool or unsecured body of water on and off-site and shall include disclosure of the child's swimming ability.

(ii) Onsite Swimming Pools

(A) Swimming pools shall be enclosed by a fence no less than four (4) feet high.

(B) Doors and gates leading to the pool shall be kept locked.

(D) Pools shall be monitored for safety, water quality, temperature, and lifesaving equipment.

(iii) Supervision

(A) Constant and active supervision shall be maintained when any child is in or around a swimming pool or in the vicinity of an unfenced body of water while on a field trip.

(I) An adult shall remain in direct physical contact with infants at all times and not more than an arm's length from one (1) year olds.

(II) Adults shall be in or at the water and prepared to enter the water.

(III) The following staff:child ratios shall be met when children are in the water: for infants and toddlers (birth to 36 months) - 1:1; for children three (3) to four (4) years old - 1: 4; for children who are five (5) years or older - 1:6.

(IV) There shall be at least one (1) certified lifeguard present when children are swimming in a pool or any body of water with more than three (3) feet of water.

(V) Certified lifeguards may be used to meet these staff:child ratios when the lifeguard is age 16 or older and assigned only to that group of children.

(B) If wading pools (less than 12 inches of water) are used, staff members shall closely supervise children, and the wading pool shall be emptied, cleaned, and sanitized after use.

(iv) Hot tubs, saunas and spas shall not be accessible to children.

Section 16. Health.

(a) Handwashing

(i) Staff shall wash their hands:

(A) Before diaper changing, handling food, eating, and giving or applying medication; and

(B) After using the toilet or helping a child use a toilet, diaper changing, handling bodily fluid, handling pets, cleaning or handling the garbage, or handling food.

(ii) The kitchen sink shall not be used for hand washing after diaper changing.

(iii) Children shall wash their hands:

(A) When visibly soiled;

(B) Before and after eating; and

(iv) Child Care Centers and Family Child Care Centers not located in the Director's home shall post handwashing procedures in all food preparation, hand hygiene, diapering, and toileting areas.

(b) Disease Control

(i) The facility shall be maintained in a clean and sanitary condition to reduce the spread of illness.

(A) Toys capable of being placed in a child's mouth shall be cleaned and sanitized daily, using a solution approved by the Department.

(ii) If a bio-contaminant (i.e. blood) is present, plastic gloves shall be used and materials disposed of properly.

(iii) No person with a communicable disease, or being a carrier of that disease, listed on the Wyoming Department of Health (WDH) Reportable Disease and Condition List shall be present in the facility unless:

(A) They have been declared non-infectious by a medical professional or the local or State Department of Health.

(iv) Staff and children shall be excluded for conditions as determined by the Wyoming Department of Health, a local public health department, a healthcare professional or the owner/director on an individual basis.

(v) When a child becomes ill but does not require immediate medical help, the parent is notified and the owner/director determines whether the child should be isolated from other children or sent home. Children shall be excluded if their illness:

(A) prevents the child from participating comfortably in activities;

(B) results in a need for care that is greater than the staff can provide without compromising the health and safety of other children;

(D) causes a fever and behavior change or other signs and symptoms (e.g., sore throat, rash, vomiting, and diarrhea).

(vi) The staff shall make a child who has been excluded from care comfortable in a safe, supervised area that is approved for child care use and that is separated from the other children until the parent arrives.

(vii) When a communicable disease or infestation occurs, all parents of exposed children and staff members shall be notified within one (1) business day of confirmation of the disease while maintaining confidentiality of the ill child or personnel.

(viii) Any communicable disease listed on the Wyoming Department of Health Reportable Diseases and Conditions list occurring to the children or staff shall be reported within one (1) business day of confirmation of the disease to the local public health office.

(i) All children with food and other allergies shall have an emergency care plan which shall be known by and accessible to staff providing care to the child and include:

(A) Instructions regarding the items to which the child is allergic and steps to be taken to avoid that item;

(B) A detailed treatment plan to be implemented in the event of an allergic reaction, including the names, doses, and methods of prompt administration of any medications. The plan shall include specific symptoms that would indicate the need to administer one (1) or more medications; and

(ii) The parents shall be notified immediately of any suspected allergic reaction, as well as the ingestion of or contact with the item even if a reaction did not occur.

(A) The facility shall immediately contact emergency medical services when epinephrine has been administered.

(iii) Each child's food allergies shall be posted prominently in the food preparation area and in the classroom and/or wherever food is served.

(d) Special Health Care Needs

(i) All children with special health care needs such as asthma, diabetes, a hearing deficit, or any other accommodation that may be needed to meet the needs of the child shall have a care plan which shall be known by and accessible to staff providing care to the child.

(ii) Care plans shall be updated annually or more often as needed and include:

(A) Any scheduled daily medication or medications to be given on an emergency basis (Benadryl, epinephrine (EpiPen), rescue asthma medication, etc.);

(B) Clearly stated parameters, directions, and symptoms for giving the medications; and

(e) First Aid Kit

(i) A basic first-aid kit or its equivalent shall be kept in a designated location, accessible to staff at all times but inaccessible to children, and in vehicles during transportation of children.

(f) Immunizations

(i) Immunizations of children in care or approved exemption shall be current and documentation on file in accordance with Wyoming Department of Health's mandatory immunization schedule.

(A) An additional 60-day grace period may be approved by the Department for a child experiencing homelessness or in foster care or due to a recent change in family circumstances.

(B) Any student who is not appropriately vaccinated or who has an approved waiver shall be excluded during a vaccine-preventable disease outbreak as determined by the State Health Officer or a County Health Officer.

(g) Animals

(i) Only animals that do not pose a health or safety risk shall be allowed on the premises of the facility.

(A) Animals shall be in good health with no evidence of disease or infestation.

(ii) Animals allowed on the premises include the following: domestic dog, domestic cat, domestic ferret, pet rabbit, pet rodent (e.g. mice, rats, hamsters, gerbils, guinea pigs, chinchillas), aquarium fish, non-psittacine cage and aviary birds.

(iii) Animals prohibited from the facility include the following: bats, raccoons, skunks, wild carnivores, reptiles or amphibians, including but not limited to snakes, lizards, turtles, or frogs.

(A) All birds capable of carrying psittacosis shall be certified as being psittacosis-free tested or treated by a veterinarian to eliminate or prevent psittacosis or similar diseases.

(B) Children under five (5) years shall not have direct contact with ferrets, chickens and ducks.

(C) Wild, aggressive or potentially harmful animals shall not be allowed on the premises, unless they are presented by a professional who has experience handling wildlife, and are displayed in enclosed cages which prevent contact between the animal and children.

(iv) Any animal with a history of attacking one (1) person or demonstrating aggressive behavior, shall be made inaccessible to the children in care.

(v) Dogs, cats, and ferrets shall have current vaccinations.

(A) If the animal is too young to be vaccinated for rabies, it may be allowed on the premises but shall not be handled by or have contact with children.

(vi) Animals and their equipment such as food dishes, bedding, and litter boxes shall not be allowed in the food preparation, washing and dining areas.

(h) Tobacco Products

(i) The use of tobacco, tobacco products or electronic cigarettes shall be prohibited at all times including in the indoor and outdoor play areas and during transportation. If a program is located in a private residence, the use of tobacco products is prohibited indoors during the hours of operation.

Section 17. Medication Administration.

(a) Staff Training

(i) Staff members shall not provide medication to a child if they have not completed preservice training approved by the Department that includes medication administration.

(ii) Staff members who administer medication shall complete medication administration training every two (2) years.

(b) Parent Permission

(i) There shall be written permission signed by the parent for any prescription and non-prescription medication to be administered to include:

(A) The name of the child;

(B) The name of the medication; and

(I) If instructions specify on an "as needed" basis, parents shall be contacted on the day of administration prior to the medication being given to the child.

(D) The signature of the parent and date signed.

(i) Prescription medications shall include the original label with the following information:

(A) Child's name;

(B) Amount and frequency of dosage;

(D) Expiration date.

(ii) Medications shall be stored according to label instructions when provided and:

(A) in containers with child-safety caps;

(B) inaccessible to children; and

(C) when stored in a refrigerator, separated from food in a spill proof, nonabsorbent container that is clearly labeled as medication.

(iii) Medications that are expired or no longer needed shall not be used and returned to the parent.

(d) Documentation and Notification of Parents

(i) A written record of all medication given to children is maintained and made available to parents. The record shall include:

(A) Child's name;

(B) Name of medication;

(D) Amount of medication given; and

(E) Signature or initials of the person administering the medication

(ii) Notification of medication administration shall be given to the parent on the day it was administered.

(iii) Any error in the giving or applying of medication or child's adverse reaction shall be reported to the parent and Licensing within 24 hours.

(e) Use of Non-Prescription Items

(i) The use of sunscreen, insect repellant, essential oils and over the counter topical medications shall not be subject to the requirements of this section, except as outlined in (e)(ii).

(ii) Whether provided by the parent or the owner/director, the following shall be met:

(A) The medications shall be stored in the original container and labeled with the child's name if provided by the parent;

(B) The manufacturer's instructions for use shall be followed; and

Section 18. Emergency Preparedness.

(a) Operable Phone

(i) An operable phone shall be available to staff at all times that the center is in operation with emergency phone numbers prominently posted to include 911, poison control, an adult emergency substitute, and the street address and phone number of the facility.

(A) The operable phone shall be on site at the facility during operating hours and the number shall be provided to parents.

(ii) Staff shall call 911 immediately if a serious injury or illness requires emergency medical treatment.

(b) Guidelines and Procedures

(i) Emergency preparedness and response guidelines and procedures shall be developed and followed to address weather threats likely to occur in the area such as fire, tornado, floods, blizzards; earthquakes; power failures, bomb threats, chemical spills, or other disasters; human threats such as an intruder or intoxicated parents; and lost or abducted children.

(ii) The procedures for staff shall include:

(A) evacuation to safely leave the facility from different locations;

(B) relocation to a common, safe location after evacuation;

(D) lockdown to protect children and staff from an external situation;

(E) plans to address the needs of individual children including infants, toddlers, and children with disabilities or other special needs; and

(F) communication and reunification with parents or other adults responsible for the children which shall include emergency telephone numbers and continuity of operations.

(iii) Parents shall be given a copy of the procedures upon their child's enrollment and when there are changes to the policy. The procedures shall include:

(A) how parents shall be notified in the case of an emergency at the facility;

(B) procedures for child reunification or release.

(i) Evacuation drills shall be held monthly, a shelter-in-place drill every six (6) months, and a lock-down drill annually. Drills shall be held at varied times of the day and during varied activities.

(ii) A record of all drills shall be kept on file and include:

(A) type of drill, date and time;

(B) the name of the individual supervising the drill;

(D) the length of time to evacuate; and

(E) problems identified during the drill and corrective actions.

(iii) Fire safety and emergency evacuation diagrams (floor plans) shall be posted.

(iv) No one shall reenter the premises until authorized to do so by the caregiver in charge.

(v) Outdoor assembly areas shall be designated and shall be located a safe distance from the building being evacuated so as to avoid interference with fire department operations. In Child Care Centers, the assembly areas shall be arranged to keep each class separate to provide accountability of all individuals.

(vi) If the child care center is a preschool, the first emergency evacuation drill of each school year shall be conducted within ten (10) days of the beginning of classes.

(d) Emergency Supplies

(i) Records available during an emergency shall include:

(A) emergency plans and procedures and alternate location addresses, phone numbers, and contacts;

(B) emergency contacts; and

(ii) Emergency supplies gathered, when possible, at the time of an emergency or maintained in a portable container shall include:

(A) emergency food and water;

(B) a first aid kit;

(D) diapers, when applicable.

Section 19. Food Service and Nutrition.

(a) Children shall be served the appropriate meals and snacks according to program operating hours and children's attendance.

(b) Children in care for five (5) or more hours shall be served a meal unless the child is present only during overnight sleeping hours or they arrive after lunchtime and an evening meal is not provided by the facility. In this case, a nutritious snack shall be provided.

(d) Meals and snacks shall be nutritionally balanced.

(e) The following applies to beverages at all facilities:

(i) Pasteurized milk shall be made available at all meals, unless written documentation is provided by the parent and on file.

(ii) Only pasteurized juice shall be served.

(iii) Children shall be encouraged to drink water throughout the day, especially before, during, and after outdoor play.

(f) Menus shall be prominently posted or provided to parents.

(g) Special dietary needs and/or food allergies shall be posted in food preparation areas and in the area the child eats.

(h) Foods with a high rate of causing choking in young children such as hot dogs and other meat sticks (whole or sliced into rounds), popcorn, whole grapes and nuts shall be avoided or modified to mitigate the choking hazard.

(i) If parents choose to provide food for their own child, food shall be clearly marked with the child's name, refrigerated if needed, and consumed only by that child.

(j) Children's food shall not be placed on bare surfaces. Food shall be served on dishes, napkins, or sanitary highchair trays, except individual finger foods such as crackers, which may be placed directly in a child's hand.

Section 20. Discipline, Guidance and Interactions with Children.

(a) Guidance and Discipline Policy

(i) The written guidance and discipline policy shall be followed by all staff and shall:

(A) outline methods of guidance that are developmentally appropriate, responsive to the circumstances, constructive, and provide learning opportunities;

(B) describe positive guidance, such as redirection, setting clear limits, natural and logical consequences, talking with the child about the situation, praising appropriate behavior, and modeling of positive behavior;

(D) include limits to the use of expulsion, suspension, and other exclusionary practices for behavior-related issues to promote the social emotional and behavioral health of children. The policy shall include:

(I) communication with a parent regarding a child's behavior and intervention implemented;

(II) how sending a child home for the day shall allow for a plan for the return of the child safely to the program; and

(III) efforts to collaborate with the parents and engage available community resources to address challenging behaviors prior to expelling the child.

(b) Use of "time out"

(i) When "time out" is used, it shall only be used with children two (2) years of age and older and:

(A) enable the child to regain control while remaining within direct sight of a staff member; and

(B) be a last resort technique for a child who is harming another, or in danger of harming himself/herself; and

(C) be used infrequently and for very brief periods of time, usually one (1) minute for each year of the child's age. The staff shall consider the child's developmental stage and the usefulness of "time out" for that child.

(i) The owner, director, all staff, household members, volunteers, substitutes or youth trainees coming in contact with children shall demonstrate appropriate behaviors in the presence of children.

(ii) The following behaviors shall be prohibited in all child care settings regardless of whether there is parental permission or a parent administers the discipline or exhibits the behavior:

(A) Punishment associated with food, rest, or toileting.

(I) Children shall not be denied food or forced to eat.

(II) Children shall not be punished for toileting accidents.

(III) Children shall not be forced to lay down or nap as a form of punishment.

(B) Any action that produces or could produce physical pain or discomfort, including but not limited to hitting, spanking, beating, shaking, pinching, pushing, yanking limbs, and excessive exercise;

(C) Inappropriate language, including but not limited to profanity, name-calling, threatening, unduly loud, or abusive language;

(D) Any form of humiliation or threat including derogatory or demeaning language about the child or their family and threats of physical punishment;

(E) Any form of emotional maltreatment including rejecting, terrorizing, corrupting, or ignoring a child;

(F) Any form of confining a child's movement or restraining a child, except as provided in Chapter 11, Section 21.

(G) Isolating a child in an adjacent room, hallway, closet, darkened area, play area, or any other area without supervision;

(H) Withholding active or outdoor play as a form of discipline or punishment, except as provided in (b) above; and

(I) Any form of guidance and/or discipline delivered by any non-staff person or by a child in care.

Section 21. Emergency Safety Interventions.

(a) Use of Physical Restraint

(i) The only allowable emergency safety intervention is physical restraint.

(ii) The purpose of physical restraint shall be to provide only that degree of physical control that the child is unwilling or unable to provide for themselves and to prevent serious physical harm to self or others.

(iii) Physical restraint shall only be used for children three (3) years or older when there is on file an active Individualized Education Plan (IEP) and/or a Behavior Intervention Plan (BIP) (which shall include assessment, parental collaboration and consent as well as engagement of available community resources) describing the use of physical restraints in certain circumstances for the specific child, a Department approved variance request, and signed parental consent.

(b) All use of physical restraint of a child shall be reported to the parent on the same day as the occurrence and reported in writing to the Licenser within 24 hours following the occurrence.

(i) Each program choosing to use physical restraint shall have a written physical restraint policy which is separate from the Discipline and Guidance policy.

(ii) The policy shall include:

(A) All staff shall be trained in a nationally recognized physical restraint program, which includes de-escalation techniques, and receive certification or certificate of completion after completion of a competency test;

(B) Staff shall maintain current certification at all times;

(C) Periodic observation of each staff member performing a physical restraint by a supervisor who has been trained in restraint;

(D) Any emergency intervention is conducted in accordance with the protocols set forth in the training; and

(E) Immediate restriction from performing further restraints until retraining occurs if a supervisor or designee determines that a staff member did not correctly perform a physical restraint or performed an inappropriate or unnecessary physical restraint.

Section 22. Transportation and Field Trips.

(a) Transportation/Field Trip Procedures

(i) When off-site, the following procedures shall be followed:

(A) Parents shall provide written permission for transportation and off-site activities of their child;

(B) Child care centers shall leave an accurate itinerary of each trip and a list of all children and staff at the center;

(C) The required staff-child ratio shall be maintained and direct supervision provided at all times (Also see Section 15. Water Activities and Hazards if water activities are planned.); and

(D) Children shall be loaded and unloaded out of the path of moving vehicles.

(ii) When children are taken off site, there shall be:

(A) a first aid kit;

(B) a list with the names and number of children leaving the facility;

(D) emergency medical release forms and contact information for each child; and

(E) physical boundaries identified for children.

(iii) The transportation and field trip policy shall include emergency procedures in the event a child becomes ill, the vehicle (if used) breaks down or is involved in an accident, or other emergencies.

(b) Vehicles

(i) Vehicles used to transport children shall be maintained in a safe, clean condition and comply with applicable motor vehicle laws.

(A) The vehicle shall not carry more people than its stated passenger capacity.

(B) Each vehicle used for transporting children shall have liability insurance that covers the children being transported.

(ii) Children shall never be left in a vehicle unattended.

(iii) The passenger doors shall be locked whenever the vehicle is in motion.

(i) Each child who is a passenger in a vehicle other than a bus shall be properly secured in a child safety restraint system or seat belt as required by law (W.S. 31-5-1303).

(A) The child safety restraint system shall conform to Federal Motor Vehicle Safety Standards for child restraint systems.

(B) Child passenger restraint systems shall be installed and used in accordance with the manufacturer's instructions and secured in back seats only.

(d) Drivers

(i) Operators of vehicles used to transport children shall have a current driver's license appropriate for the vehicle being used and shall be at least 18 years of age.

(ii) If used to meet the staff:child ratio or having unsupervised access to children, the driver is considered a staff member and shall meet all staff requirements.

(iii) Drivers shall not eat, use a phone or other mobile device, or use tobacco or e-cigarettes while driving.

For questions regarding the content or application of a specific rule, please contact the agency responsible for the rule. A directory of agencies is also available online. For questions about the rulemaking process, please send your questions and comments to Rules@wyo.gov.