CHAPTER 1
GENERAL PROVISIONS
Section 1. Authority. These rules are promulgated pursuant to W.S. § 9-2-2104(a)(vii) and W.S. § 14-4-104.
Section 2. Purpose. These rules have been adopted to provide uniform licensing for the protection of children in a Family Child Care Home, Family Child Care Center, and Child Care Center. The Department has specific rules to comply with requirements of the federal Child Care Development Block Grant (CCDBG), Pub. L. 113-186, which include but are not limited to: criminal background checks, health and safety for facility and staff training, emergency preparedness plan, expulsion and suspension, and ratios and groups size limitations.
Section 3. Severability. If any provision of these rules is declared unconstitutional or beyond the authority conferred upon the Department of Family Services (Department) by the Wyoming Legislature, the remaining provisions shall not be affected by the declaration.
Section 4. Introduction. The Department is responsible for the licensing, monitoring and enforcement of the rules for all Wyoming providers of child care services covered in these rules. Owners/Directors are required to comply with all federal, state and local laws, statutes and rules that pertain to a child care business in addition to these rules. Allegations of violations of applicable laws, statutes or rules shall be reviewed by the Department and appropriate action taken by the Department.
Section 5. Notice.
(a) Except as provided in paragraph (b) or as otherwise provided in these Rules, the
Department shall give notice in writing, which may be delivered by first class mail or electronic means.
(b) The Department shall give notice in writing for immediate suspension, which
shall be delivered in person.
Section 6. Definitions.
(a) "Adult" means an individual 18 years of age and older.
(b) "Certification" refers to the laws governing the issuance of a child care license or certificate in accordance with W.S. §§ 14-4-101 through 117. Certification and Licensing are used interchangeably in these rules.
(c) "Child abuse or neglect" means the improper treatment of children as defined in W.S. §§ 14-3-202(a)(ii) and 14-3-202(a)(vii).
(d) "Child care" is a service for families provided on behalf of children and their parents, and designed to supplement daily parental care, excluding facilities defined in the Certification of Providers of Substitute Care Services, 09-03-2021. http://soswy.state.wy.us/Rules/default.aspx
(e) "Child safety restraint system" means any device which is designed to protect, hold or restrain a child in a privately owned, leased or rented noncommercial passenger vehicle in such a way as to prevent or minimize injury to the child in the event of a motor vehicle accident or sudden stop.
(f) "Communicable disease" means an illness that spreads directly or indirectly from person-to-person with the potential to cause a serious infection.
(g) "Constant air inflatable device" means a structure relying on a continuous supply of air pressure to maintain its shape, on or in which users play.
(h) "Department" means the Department of Family Services that has the statutory authority to issue licenses, monitor compliance with rules, and all other administrative details.
(i) "Denial" means the action taken when an application or a request for renewal has been submitted, but the content of the application or request does not demonstrate compliance with these rules and a license cannot be issued. Denial includes non-renewal.
(j) "Developmentally appropriate" means suitable to the chronological age range and developmental characteristics of a specific group of children.
(k) "Direct care" means providing and attending to any needs of the children in care, including but not limited, to diapering, serving and/or feeding meals, administering medication, or providing discipline or guidance, and may include direct supervision when required under these rules.
(l) "Direct supervision" means the function of undistracted observing, overseeing, and directing a child or group of children, including an awareness of, and responsibility for, the ongoing activity of each child and being near enough to respond to a child's needs to minimize harm or accidents.
(m) "Director" means any person who is employed to operate a Family Child Care Center or Child Care Center.
(n) "Group size" means the maximum number of children allowed to occupy an individual classroom or well-defined space.
(o) "Household member" means a person who resides in a family home which may be evidenced by factors including, but not limited to: maintaining clothing and personal effects at the household address, receiving mail at the household address, using identification with the household address, or eating and sleeping at the household address on a regular basis.
(p) "Inaccessible" means children are unable to access an item or area due to the use of a lock or child-proof barrier or the item is too high for children to easily reach.
(q) "Infant" means any child in care from birth to 12 months of age.
(r) "Inspection" includes, but is not limited to an examination and assessment of the entire facility, premises, equipment, required records, and measurement of the indoor and outdoor space.
(s) "Licenser" means the representative of the Department who performs inspections and monitors compliance of these rules.
(t) "Medication" means any medication prescribed by a health care professional and commonly used non-prescription over-the-counter medications including, but not limited to sunscreen, insect repellant, and topical medications.
(u) "Owner" means a person or legal entity, who applies for and is issued a license.
(v) "Parent" means an individual who is legally responsible for the child, such as a mother, father, legal custodian, or legal guardian.
(w) "Premises" means the parts of the structures and outdoor play space used for child care activities or adjoining space that could present a hazard to children in licensed space.
(x) "School age child" means a child who is five (5) years or older.
(y) "Staff" means any owner, director, employee including teacher and support staff, substitute, or volunteer providing direct care of children and/or used to meet staff:child ratio requirements.
(z) "Substitute" means any individual who is fully qualified to work in a child care facility, and provides direct care to children in the absence of a regular, ongoing staff member.
(aa) "Swaddling" means the act of wrapping a child with a material such as a cloth or a blanket that restricts the movement of a child's body and limbs.
(bb) "Swimming pool" means any body of water containing more than 12 inches of water, which could be used for the purpose of swimming or any other recreational activity.
(cc) "Toddler" means any child in care from 12 to 36 months of age.
(dd) "Transportation" means anytime a child in care is driven in a vehicle, whether provided, arranged, or contracted by the program.
(ee) "Use zone" means the surface under and around a piece of equipment onto which a child falling from or exiting from the equipment would be expected to land.
(ff) "Unsupervised access to children" means an individual being present with children without personnel present who has a complete criminal history review.
(gg) "Visitor" means an individual, including an intern, who is present in a child care facility for no more than 24 hours in a month and who is present only for the purpose(s) of providing a program, service, conducting an inspection, investigation, observation or evaluation, and who is not counted in staff:child ratios, does not supervise children, does not provide direct care and is within sight and sound of a staff member at all times.
(hh) "Weapon" means, but is not limited to, a firearm, explosive or incendiary material, or other device, instrument, material, or substance, which is reasonably capable of producing death or serious bodily injury.
(ii) "Youth Trainee" means a youth age 13 to 15 who is not acting as staff and not receiving any form of payment or compensation.