CHAPTER 1

General Provisions

  Section 1. Authority. These rules of the Department of Family Services are promulgated pursuant to W.S. 9-2- 2104(a)(vii).

  Section 2. Purpose. These rules are adopted to further the attainment of the Department's statutory responsibility, pursuant to W.S. 14-3-201 through 14-3-215, and W.S. 14-3-401 through 14-3-440, relating to child protective services in Wyoming, to assist in the administration of the Department's programs, to protect the best interest of children and ensure their safety, to further offer protective services when necessary in order to reduce the risk of harm to the child or any other children living in the home, to protect children from abuse or neglect which jeopardizes their health or welfare, to stabilize the home environ- ment , to preserve family life whenever possible and, when children are removed from the home, to plan for the children's permanency.

  Section 3. Severability. If any provision of these rules or the application thereof to any person, program, service or circumstance is held invalid, the invalidity shall not affect other provisions or applications of these rules. To the extent that these rules can be given effect without the invalid provision, the provisions of these rules are severable.

  Section 4. Definitions.

  (a) "Abandonment" means the child has been left without obvious behavioral, verbal, or written intentions of reclaiming the child.

  (b) "Abuse" with respect to a child means inflicting or causing physical or mental injury, harm or imminent danger to the physical or mental health or welfare of a child other than by accidental means, including abandonment, excessive or unreasonable corporal punishment, malnutrition or sub- stantial risk thereof by reason of intentional or unintentional neglect, and the commission or allowing the commission of a sexual offense against a child as defined by law.

    (i) "Abandonment" means the child has been left without obvious behavioral, verbal, or written intentions of reclaiming the child.

    (ii) "Imminent Danger" includes threatened harm and means a statement, overt act, condition or status which represents an immediate and substantial risk of sexual abuse or physical or mental injury, even when there are no signs of injury.

    (iii) "Malnutrition" is inadequate nutrition as diagnosed by a licensed physician.

    (iv) "Mental Injury" means an injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in his ability to function within a normal range of performance and behavior with due regard to his culture. "Mental Injury" is also known as "Psychological and Emotional Abuse. "

    (v) "Physical Injury" means death or any harm to a child including but not limited to disfigurement, impairment of any bodily organ, skin bruising, bleeding, burns, fracture of any bone, subdural hematoma or substantial malnutrition. "Physical Injury" is also known as "Physical Abuse."

    (vi) "Sexual Abuse" means the commission or allowing the commission of a sexual offense against the child as defined by law, which includes any sexual contact, sexual intrusion or sexual exploitation of a child by parents, caretakers, siblings, or other adults or children living in the home

    (vii) "Substantial Risk" means a strong possibility as contrasted with a remote or insignificant possibility.

  (c) "Caretaker" means a person responsible for a child's welfare.

  (d) "Case Assessment" is the documentation of family strengths, weaknesses, and the re- sources necessary to protect the child and assist the family.

  (e) "Case Plan" means a written plan, which guides all participants toward the safety, permanency and well-being of the child.

  (f) "Central Registry" is an electronic registry maintained pursuant to W.S. 14-3-213.

  (g) "Child" means any person under the age of majority.

  (h) "Child Protective Services" refers to specialized child welfare services performed by persons legally responsible for assessing and investigating suspected cases of child abuse and neglect.

  (i) "Collateral Contact" means obtaining information concerning a child or family from a person who has knowledge of the family situation but was not directly involved in referring the child to Child Protective Services.

  (j) "Concurrent Plan" means a case plan developed in addition to the child's main case plan with other possible outcomes to assure safety and permanency for the child.

  (k) "Credible Evidence" means the available facts when viewed in light of surrounding circumstances would cause a reasonable person to believe a child was abused or neglected.

  (l) "Department" means Department of Family Services.

  (m) "Educational Neglect" is a failure or refusal by those responsible for the child's wel- fare to provide an education to the child. Educational neglect includes the willful neglect or failure of a parent, guardian, or custodian to enroll a child subject to compulsory school attendance, including but not limited to an approved home school program.

  (n) "Imminent Danger" includes threatened harm and means a statement, overt act, condi- tion or status which represents an immediate and substantial risk of sexual abuse or physical or mental injury, even when there are no signs of injury.

  (o) "Institutional Child Abuse and Neglect" means situations of child abuse or neglect where a foster home or other public or private residential home, institution or agency is responsible for the child's welfare. Institutional Child Abuse and Neglect may include, but is not limited to:

    (i) Facility abuse and/or neglect as a result of social or institutional policies, prac- tices or conditions;

    (ii) Child abuse and/or neglect committed by an employee of a public or private institution or group home against a child in the institution or group home.

  (p) "Malnutrition" is inadequate nutrition as diagnosed by a licensed physician.

  (q) "Major Injury" means any consequence of an act or failure to act which severely im- pairs the child's physical or mental health.

  (r) "Medical Care Neglect" means the refusal or failure to obtain and maintain treatment services necessary as determined by a licensed physician or dentist, placing a child's health at substan- tial risk.

Withholding needed medical treatment from infants with disabilities, often referred to as Baby Doe, is prohibited. Withholding medical treatment means failure to respond to the infant's life threatening conditions by providing treatment which, in the treating physician's reasonable medical judgment, will most likely improve or correct such conditions. Appropriate nutrition, hydration and medication (palliative care) shall be provided in all cases. Providing treatment to infants with disabilities is not required when, in the physician's reasonable medical judgment, any of the following circumstances exist:

    (i) The infant is chronically and irreversibly comatose;

    (ii) Provision of treatment would merely prolong dying; or

    (iii) Provision of treatment would be virtually futile in terms of the infant's survival and the treatment itself would be inhumane.

  (s) "Neglect" with respect to a child means a failure or refusal by those responsible for the child's welfare to provide adequate care, food, clothing, safe shelter, maintenance, supervision, guid- ance, education or medical, surgical or any other care necessary for the child's well-being. Treatment given in good faith by spiritual means alone, through prayer, by a duly accredited practitioner in accor- dance with the tenets and practices of a recognized church or religious denomination is not child ne- glect for that reason alone. Neglect may include, but is not limited to: "Educational Neglect" and "Medical Care Neglect."

    (i) "Educational Neglect" is a failure or refusal by those responsible for the child's welfare to provide an education to the child. Educational neglect includes the willful neglect or failure of a parent, guardian, or custodian to enroll a child subject to compulsory school attendance, including but not limited to an approved home school program

    (ii) "Medical Care Neglect" means the refusal or failure to obtain and maintain treatment services necessary as determined by a licensed physician or dentist, placing a child's health at substantial risk.

Withholding needed medical treatment from infants with disabilities, often re- ferred to as Baby Doe, is prohibited. Withholding medical treatment means failure to respond to the infant's life threatening conditions by providing treatment which, in the treating physician's reasonable medical judgment, will most likely improve or correct such conditions. Appropriate nutrition, hydra- tion and medication (palliative care) shall be provided in all cases. Providing treatment to infants with disabilities is not required when, in the physician's reasonable medical judgment, any of the following circumstances exist:

      (A) The infant is chronically and irreversibly comatose;

      (B) Provision of treatment would merely prolong dying; or

      (C) Provision of treatment would be virtually futile in terms of the infant's survival and the treatment itself would be inhumane.

  (t) "Permanency" is an individualized, most appropriate, permanent home for the child, including but not limited to family reunification, relatives, adoption, guardianship, or independent living.

  (u) "Person Responsible for a Child's Welfare" includes the child's parent, noncustodial parent, guardian, custodian, stepparent, foster parent or other person, institution or agency having the physical custody or control of the child.

  (v) "Physical Abuse" means death or any harm to a child including but not limited to disfigurement, impairment of any bodily organ, skin bruising, bleeding, burns, fracture of any bone, subdural hematoma or substantial malnutrition. "Physical Abuse is also known as "Physical Injury."

  (w) "Physical Custody or Control" means having responsibility for the health and welfare of a child with the knowledge and/or consent of the parent, guardian, or legal custodian of the child.

  (x) "Preventive Services" means an accepted referral where there are no allegations of abuse or neglect, but there are identified risk factors that might indicate the need for services to prevent abuse or neglect.

  (y) "Psychological and Emotional Abuse" means an injury to the psychological capacity or emo- tional stability of a child as evidenced by an observable or substantial impairment in his ability to function within a normal range of performance and behavior with due regard to his culture. "Psycho- logical and Emotional Abuse" is also known as "Mental Injury."

  (z) "Risk Assessment" is a process which considers the likelihood of subsequent abuse or neglect of a child.

  (aa) "Safety Assessment" means the process focusing on identifying threats of harm, evaluating their potential severity, assessing the vulnerability of the child, determining the imminence of the threat, and identifying what protective capacities exist in the child's environment.

  (bb) "Safety Plan" identifies and implements specific ways of controlling threats to safety. A safety plan shall become part of the case plan for families who are receiving services or have a substantiated allegation of abuse or neglect.

  (cc) "Sexual Abuse" means the commission or allowing the commission of a sexual offense against the child as defined by law, which includes any sexual contact, sexual intrusion or sexual exploitation of a child by parents, caretakers, siblings, or other adults or children living in the home.

  (dd) "Substantial Risk" means a strong possibility as contrasted with a remote or insignificant possibility.

  Section 5. Training and Certification of Child Protection Workers. Child protective services workers must be trained in the area of child abuse and neglect. Only staff who have completed the child protective services certification will be assigned child protective ser- vices responsibilities. Completion of the child protective services certification is defined as having attended and passed the basic child abuse and neglect course. However, a new worker may provide child protective services under the supervision of a certified child protective services supervisor/man- ager.

  Section 6. Child Protection Teams. The field offices shall encourage and assist in the cre- ation of multidisciplinary child protection teams within the communities in the state in accordance with Wyoming statutes.

  Section 7. State Child Major Injury/Fatality Review Teams.

  (a) The Department shall establish and appoint members to a Multi-disciplinary Child Major Injury/Fatality Review Team whose membership shall consist of the following:

  (i) Department representatives;

    (ii) A representative from the Department of Health;

    (iii) A pediatrician;

    (iv) A representative of the mental health profession;

    (v) A coroner;

    (vi) A district court judge;

    (vii) A representative of law enforcement;

    (viii) A Guardian ad Litem or Court Appointed Special Advocate (CASA);

    (ix) Representatives of other relevant professions.

  (b) Reviews are to be conducted on the following:

    (i) All major injuries/fatalities appearing to have resulted from child abuse/ne- glect;

    (ii) All major injuries/fatalities if the Department has custody of the child.

  (c) An annual report is prepared with non-identifying information and recommendations and submitted to the Department of Family Services.

  Section 8. Local Child Major Injury/Fatality Review Teams.

  (a) The District Manager shall identify a cadre from which a major injury/ fatality team will be selected to review each major injury/fatality on a local basis.

  (b) The District Manager shall oversee the local review process including initial assess- ment of services to the family and support to staff.

  (c) A report is prepared and submitted to the State Office of the Department of Family Services.