W.S. 1-14 - Child Care Provider Eligibility and Payment Requirements

(a) The selected child care provider shall:

(i) Be someone other than a mother, father, stepparent, member of the assistance unit, or foster parent who keeps or cares for a minor at the request of the caretaker(s) or an agency that is legally responsible for the child and receives payment for that care.

(ii) Be at least 18 years old or be emancipated.

(iii) Be licensed by the State of Wyoming unless the provider is legally exempt from licensing.

(iv) Provide care within the State of Wyoming.

(v) Complete the provider registration process.

(vi) Complete an approved pre-service health and safety orientation training and eight (8) credits of health and safety training annually thereafter.

(vii) Annual physical inspection of non-relative providers.

(viii) Meet all state, local, and federal laws related to operating a child care business.

(ix) Meet the minimum health and safety standards, which shall include the following:

(A) An operable smoke alarm or detector shall be installed on all floor levels;

(B) The use of tobacco (including any vape products), illegal drugs and or consumption of alcohol is prohibited during hours of operation;

(C) An operable telephone shall be available where the child care takes place;

(D) Weapons, ammunition, poisons, chemicals, bleach and cleaning materials shall be locked up to make them inaccessible to children;

(E) Current certification in Adult and Pediatric CPR and Adult and Pediatric first aid training shall be maintained;

(I) Verification shall be submitted to the local DFS office within 90 days of initial registration as a legally exempt provider; and

(II) Verification shall be submitted to the local DFS office prior to approval as a legally exempt provider when the provider was previously terminated for failure to submit required verification.

(F) The provider shall keep attendance, immunization and health information including special dietary needs and/or food allergy records and plans for children with special needs as soon as they are enrolled in the program. Special dietary needs and/or food allergies shall be posted in food preparation and eating area. Immunization records as required by Wyoming law and the Department of Health shall be on file for all children;

(G) The provider shall keep a medical consent form and an Authorization for Emergency Medical Care form signed by the parent or a legal guardian of the child. All medications shall be safely stored and administered according to directions;

(H) The overall condition of the child care facility and grounds, including play areas, equipment, and toys shall be maintained in a clean, uncluttered, safe condition and free of hazards, including items that may cause heat injuries;

(I) Unused electrical outlets shall be covered with safety caps;

(J) Fire exits shall be clear and exit doors remain unlocked or have locks allowing all parties to safely exit;

(K) Serious injuries and deaths shall be reported to DFS and kept on file;

(L) Awake infant and toddlers shall be directly supervised by staff at all times. Child in kindergarten or under six (6) years shall be directly supervised outside;

(M) Infants shall be placed on a firm flat surface, on their back to sleep, without anything over their head or face. Lighting in the sleep area shall be sufficient;

(N) The provider shall have an expulsion and suspension policy to promote social-emotional and behavioral health of children and limit the use of expulsion, suspension, and other exclusionary practices;

(O) Vehicles used to transport children shall be maintained in safe condition, with appropriate child safety restraint systems and shall comply with applicable motor vehicle laws. Operators of vehicles used to transport children shall have the appropriate and valid motor vehicle license; and

(P) Emergency preparedness guidelines and procedures shall be given to parents in writing and include:

(I) How parents shall be notified in case of an emergency at the facility;

(II) The relocation site with contact information for the site;

(III) Procedures for child reunification or release;

(IV) Procedures for evacuation, shelter-in-place, lockdown, and staff and volunteer practice drills;

(V) Plans for accommodations of infants and toddlers, children with disabilities, and children with chronic medical conditions; and

(VI) All children with food and other allergies should have an emergency care plan in place. For food allergies, the plan shall provide detailed instructions about which food(s) the child is allergic to and what to do if an allergic reaction occurs, including the names, doses, and methods of administration of any medications that the child should receive in the event of a reaction. The plan shall also include specific symptoms that would indicate the need to administer one or more medications. The same shall be developed and in place for children with any other allergy. All persons who come in contact with the child(ren) who have a plan for emergencies, shall be fully aware of the plan and the plan shall be followed.

(Q) When water hazards are present within the approved play area, the following shall apply:

(I) Be enclosed by a fence no less than four (4) feet high;

(II) Written parental consent is required for use of a swimming or wading pool;

(III) An adult staff member shall be in the immediate vicinity at all times when a water hazard is available and accessible; and

(IV) An adult shall remain in direct physical contact with infants at all times.

(R) Where vehicular traffic is present, an adult staff member shall be in the immediate vicinity at all times. An adult shall remain in direct physical contact with infants at all times.

(S) Handling, storage and disposal of all of hazardous material and of bio contaminants must follow label instructions.

(T) Wash hands after using the toilet or helping a child toilet, handling bodily fluid, handling pets, cleaning, or handling the garbage, before and after diaper changing, handling food, eating, and giving medication. And children shall wash their hands before and after eating and after using the toilet, handling pets, and/or playing in sandboxes.

(x) Written guidance, discipline and prevention of child maltreatment policy shall be followed and shall:

(A) Not include any discipline that is in violation of applicable laws;

(B) Outline methods of guidance appropriate to the ages of the children enrolled;

(C) Explicitly describe positive guidance, such as redirection, natural and logical consequences, modeling of positive behavior and other non-violent, non-abusive methods of discipline;

(D) Be included in orientation; and

(E) Identify behaviors which shall be prohibited in all child care settings:

(I) Rough handling of children, including but not limited to: hitting, spanking, beating, shaking, pinching, pushing, or other measures that could produce physical pain.

(II) Inappropriate language, including but not limited to profanity, name-calling, derogatory or demeaning terminology or screaming related to disciplinary purposes.

(III) Any form of emotional maltreatment, including rejecting, terrorizing, corrupting, isolating or ignoring a child, humiliation, including threats of physical discipline.

(IV) Any form of sexual behavior, including but not limited to conversations or contact or nudity.

(xi) All persons are required to report cases of suspected child abuse or neglect. A provider, director, or their staff shall report immediately to the local DFS FO and local law enforcement any circumstances indicating that a child in care may have been subjected to abuse or neglect by a person inside or outside of a program.

(xii) The provider shall furnish to the local DFS FO, the name, Social Security Number and a signed authorization of release from all adult household members, staff and any substitute provider(s) who have access to the child(ren) placed in care.

(A) The provider shall be held responsible for the actions of any employee, substitute or household member who has contact with the child(ren) while the child(ren) is in care.

(B) Refusal of the provider to furnish the name(s) and Social Security number(s); or the presence of any person(s) in the child care facility against whom there has been substantiated child abuse or neglect may make the provider ineligible to receive payment from DFS for child care services.

(xiii) Background Check. The following shall be completed for the applicant, all staff, and all adult household members, including any adult who intends to move into the home:

(A) A Central Registry or child abuse/neglect check which does not reveal any disqualifying information shall be completed initially and every five (5) years thereafter; in Wyoming and in all states lived in for the past five (5) years for staff and all adult household members including any adult who intends to move into the home.

(B) Completed National Sex Offender Registry check and State Sex Offender Registry checks shall be completed initially and every five (5) years thereafter for Wyoming and for each state the person has lived in for the past five (5) years. A person shall not be employed or present in the facility if the Sex Offender Registry check(s) states the person is a registered sex offender

(C) A full fingerprint based national criminal history record background check shall be completed initially and every five (5) years thereafter. A state criminal registry check shall be completed initially and every five (5) years thereafter for Wyoming and each state the person has lived in for the past five (5) years. Staff, household members, substitutes, and volunteers may 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.

(I) Disqualifying information is defined in Chapter 4, Section 3(a)(iv) and (v) of the Child Care Licensing Rules.

https://drive.google.com/file/d/1FZgAxarFCOsZDYNarber0XVAoQ6avk3q/view

(II) Disqualified applicant, staff, or any adult household member, including any adult who intends to move into the home, may request a review of accuracy and completeness of the criminal history from the Department within 10 days of the receipt of the disqualification notice, in accordance with Chapter 4, Section 3(a)(v)(D) and (E) of the Child Care Licensing Rules.

https://drive.google.com/file/d/1FZgAxarFCOsZDYNarber0XVAoQ6avk3q/view

(xiv) Allow parental access any time during business hours.

(xv) Make the Provider Registration Form available for public viewing upon request.

(xvi) The substitute provider shall meet the minimum health and safety standards and complete the provider registration process if the care goes beyond 24 hours during a month because the provider is no longer considered a substitute.

(xvii) Maintain attendance records for each child in care and other evidence services were provided for a period of three (3) years, in accordance with each authorization and make these records available to state and federal auditors upon request.

(b) Payment for provider services shall be allowed only to providers who meet the criteria

listed in (a) above as verified by the caretaker(s).

(c) Payment for provider services shall not be allowed:

(i) For the period of time the provider is in violation of any federal, state, or local law, rules and/or regulation applicable to a child care business.

(ii) When abuse or neglect has been substantiated, against the provider, staff or other household member(s), unless a good cause determination has been made.

(iii) When one (1) of the natural, adoptive parents or stepparents is in the home and available to care for the child(ren) unless the child(ren) would be at risk of neglect or abuse as verified by Child Protective Services (CPS) if the stepparent or the grandparent in a minor parent situation provides the care.

(iv) An E&T participant is not entitled to the dependent care reimbursement if a member of the E&T participant's SNAP assistance unit provides the dependent care services

(d) The child care provider is not considered a State of Wyoming or DFS employee.

(e) The child care provider shall complete the prescribed DFS form for child care expenses and return it to the DFS-FO as necessary.

(i) The DFS payment amount shall cover and not exceed the actual eligible authorized hours used at the lowest rate of the actual charge, local market rate, or statewide limit.

(ii) Payment is not allowed to more than six (6) providers per child within a 12 month period unless good cause has been established by DFS.

(f) The State of Wyoming and DFS have no responsibility for unpaid bills for child care fees charged above state rates or for the caretaker's obligation for the cost of care.

(g) The provider has the right to establish the child care rates for his/her facility.

(i) The rates charged to those receiving assistance from DFS shall be the same rates as those charged to non-DFS clients.

(ii) The provider shall only have part/full day rates.

(iii) Providers shall submit any change of their rates to DFS using a prescribed DFS form and a copy of the rate sheet they use for non-DFS clients.

(iv) DFS shall use the new rate when the provider submits the new rate more than five (5) working days prior to the effective date of the change. When the new rate is submitted less than five (5) working days prior to the change, the new rate shall be effective five (5) working days after it is received. The new rate applies only to authorizations written after the rate change.

(h) When a provider requests an administrative hearing on action taken by the Child Care Licensing Unit, payments may continue during the administrative process, unless there is a substantiated child abuse or neglect case.

(i) In order to receive child care assistance payments, legally exempt home providers shall not provide child care for more than ten (10) children under school age in an immediate family unit. The ten (10) child limit for one (1) immediate family unit in the home shall include the provider's own children under school age. In the case of grandparents, the total number of children shall never exceed six (6).

(j) In order to receive child care assistance payments, centers supervised by the state, any local government, school district or agency or political subdivision thereof, shall have a ratio of one (1) adult to no more than 30 children, age five (5) and older, or one (1) adult to 20 children, when there are three (3), or more children ages three (3) to four. The maximum group size is 40 children. Group size may not be exceeded for more than one (1) hour during opening and closing hours and special events. Building or room capacity shall not be exceeded and staff: child ratios shall be maintained.

Notes

W.S. 1-14

Amended, Eff. 10/7/2016. Amended, Eff. 3/24/2020. Amended, Eff. 4/12/2022. Amended, Eff. 5/7/2025.