049-3 Wyo. Code R. §§ 3-10 - Background Checks

(a) A Wyoming abuse and/or neglect Central Registry check, an abuse and/or neglect Central Registry check from any other state lived in for the past 5 years, and a finger print based national criminal history record check shall be completed for all employees (including employees who do not work directly with children), foster parents, and adoptive parents before they begin working in the facility. In cases where a child abuse and/or neglect registry request was made to another state and a denial of that request has been received, a notarized affidavit from the staff person shall be required, certifying to the best of his/her knowledge, he/she has not appeared upon a child abuse and/or neglect registry in the state of previous residence. These same checks are necessary for adult household members in the case of foster homes, adoptive homes, and facilities that are operated in an individual's home, including any new adult proposing to move into the foster home, adoptive home or facility operated in an individual's home. Background checks for any new adult proposing to move into the foster home, adoptive home or facility operated in an individual's home, shall be completed prior to the adult moving in.

(i) A person whose name appears on the Central Registry as substantiated must not be employed, approved for foster care, adoption or reside in any facility certified under these rules; and

(ii) A person with a criminal history record may not be employed, approved for foster care, adoption or reside in any facility certified under these rules if that person has been convicted or has a pending deferred prosecution of a felony or misdemeanor involving:

(A) Felony:

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

(II) A sexual offense against a person 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; or

(VI) Physical assault;

(VII) Battery;

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

(IX) Arson;

(X) Alcohol related offense (within the last 10 years);

(XI) Domestic violence.

(B) Misdemeanor:

(I) Violent misdemeanor committed as an adult against a child;

(II) Battery, physical assault, or domestic violence within the last five (5) years;

(III) A sexual offense against an adult or child;

(IV) Allowing the commission of a sexual offense against a child; or

(V) Child endangerment or similar offense within the last five (5) years.

(C) Any other crime that causes the Department to be concerned for the safety or well-being of children or others.

(D) The organization shall determine if rehabilitation has occurred for individuals with criminal convictions outlined in (A[VI], [VII], [IX], [XI] and B[II], [V]) above that occurred more than five (5) years ago. The organization shall document its decision as to rehabilitation for any individuals that are to be employed or will reside in the facility or foster home or adoptive home and provide that information to the certifying authority prior to employing the person or allowing the individual to reside in the facility or foster home or adoptive home.

(b) No employee including volunteers and interns, foster parent, or adult household member residing in any facility who has been charged with a crime outlined in Section 10(a)(ii)(A) through (C) above and awaiting trial may provide care or be present in the facility pending the outcome of the criminal proceeding.

(c) A copy of background checks must be made available to the certifying authority.

(d) All employees, volunteers, interns, foster parents or adult household members shall complete a child abuse/neglect Central Registry background check once a year and a full fingerprint based national criminal history record background check every five (5) years. The DFS Certifying Authority may require a new child abuse/neglect Central Registry background check at any time for employees, volunteers, interns, foster parents or adult household members.

Notes

049-3 Wyo. Code R. §§ 3-10

Amended, Eff. 11/8/2017. Amended, Eff. 9/3/2021.