Chapter 3 - Protection
CHAPTER 3 - PROTECTION
ARTICLE 1 - PROHIBITED ACTS
14-3-101. Repealed by Laws 1982, ch. 75, 5; 1983, ch. 171, 3.
14-3-102. Repealed by Laws 1982, ch. 75, 5; 1983, ch. 171, 3.
14-3-103. Repealed by Laws 1982, ch. 75, 5; 1983, ch. 171, 3.
14-3-104. Repealed By Laws 2007, Ch. 159, 3.
14-3-105. Repealed By Laws 2007, Ch. 159, 3.
14-3-106. Repealed By Laws 2007, Ch. 159, 3.
14-3-107. Performing body-art on persons who have not reached the ageof majority; penalties; definition.
(a) No person shall knowingly perform body-art upon or underthe skin of a person who has not reached the age of majority, except with theconsent of the person's parent or legal guardian who is present at the time thebody-art procedure is performed upon the person. The person performing thebody-art procedure shall demand proof of age prior to administering thebody-art procedure upon the person. A motor vehicle driver's license, aregistration card issued under the federal Selective Service Act, anidentification card issued to a member of the armed forces, a valid UnitedStates passport, a tribal identification card issued by the governing body ofthe Eastern Shoshone tribe of Wyoming or the Northern Arapahoe tribe of Wyomingor an identification card issued by the department of transportation is primafacie evidence of the age and identity of the person. Proof that the personperforming the body-art procedure demanded, was shown and acted in reasonablereliance upon the information contained in any one (1) of the above documentsas identification and proof of age is a defense to any criminal prosecution underthis section.
(b) Any person violating this section is guilty of amisdemeanor punishable by imprisonment for not more than six (6) months, a fineof not more than seven hundred fifty dollars ($750.00), or both.
(c) As used in this section:
(i) "Body-art" means the practice of physical bodyadornment utilizing body piercing, branding, scarification, sculpting ortattooing. This definition does not include practices conducted under thesupervision of a physician licensed to practice medicine under Wyoming law nordoes this definition include piercing of the outer perimeter or lobe of the earby means of sterilized stud-and-clasp ear piercing systems;
(ii) "Body piercing" means any puncturing orpenetration of the skin or mucosa of a person and the insertion of jewelry orother adornment in the opening;
(iii) "Branding" means any invasive procedure in whicha permanent mark is burned into or onto the skin using either temperature,mechanical or chemical means;
(iv) "Scarification" means any invasive procedure inwhich the intended result is the production of scar tissue on the surface ofthe skin;
(v) "Sculpting" means any modification of the skin,mucosa, cartilage or tissue of the body for nonmedical purposes;
(vi) "Tattoo" means any indelible design, letter,scroll, figure, symbol or any other mark placed upon or under the skin with inkor colors, by the aid of needles or other instruments.
14-3-108. Use of ultraviolet tanning devices by persons who have notreached the age of majority; presence required; consent required; penalty.
(a) No person other than the minor's parent or legal guardianshall knowingly allow a minor who has not reached fifteen (15) years of age touse an ultraviolet tanning device, unless the minor's parent or legal guardianconsents in writing to the use and is present the entire time of use. No personshall knowingly allow a minor age fifteen (15) years to the age of majority touse an ultraviolet tanning device, except with written consent obtained fromthe minor's parent or legal guardian. Any person other than the minor's parentor legal guardian allowing the use of an ultraviolet tanning device by a minorshall demand proof of age prior to allowing the use of an ultraviolet tanningdevice. A motor vehicle driver's license, a registration card issued under thefederal Selective Service Act, an identification card issued to a member of thearmed forces, a valid United States passport, a tribal identification cardissued by the governing body of the Eastern Shoshone tribe of Wyoming or theNorthern Arapahoe tribe of Wyoming or an identification card issued by thedepartment of transportation is prima facie evidence of the age and identityunder this section. Proof that the person allowing the use of the ultraviolettanning device demanded, was shown and acted in reasonable reliance upon theinformation contained in any one (1) of the above documents as identificationand proof of age is a defense to any criminal prosecution under this section.
(b) Any person violating this section is guilty of amisdemeanor punishable by a fine of not more than two hundred fifty dollars($250.00).
(c) As used in this section:
(i) "Consent" means that the parent or legal guardianappears at the first time the minor uses the ultraviolet tanning device andsigns a written consent form in the presence of the owner or an employee of thefacility. The minor's parent or legal guardian may withdraw this consent atany time. Unless so withdrawn, this consent shall be valid for twelve (12)months from the date the written consent form is signed. The parent or legalguardian must repeat the written consent process annually until the minorreaches the age of majority;
(ii) "Present" means being physically present at thefacility at which the tanning device is being used, but does not require thepresence in the tanning room or booth being used;
(iii) "Ultraviolet tanning device" means equipment thatemits electromagnetic radiation with wavelengths in the air between two hundred(200) and four hundred (400) nanometers used for tanning of the skin,including, but not limited to, a sunlamp, tanning booth or tanning bed, butdoes not include equipment that emits ultraviolet radiation used by a healthcare professional in the treatment of disease or used pursuant to aprescription.
ARTICLE 2 - CHILD PROTECTIVE SERVICES
14-3-201. Purpose.
Thepurpose of W.S. 14-3-201 through 14-3-216 is to delineate the responsibilitiesof the state agency, other governmental agencies or officials, professionalsand citizens to intervene on behalf of a child suspected of being abused orneglected, to protect the best interest of the child, to further offerprotective services when necessary in order to prevent any harm to the child orany other children living in the home, to protect children from abuse orneglect which jeopardize their health or welfare, to stabilize the homeenvironment, to preserve family life whenever possible and to providepermanency for the child in appropriate circumstances. The child's health,safety and welfare shall be of paramount concern in implementing and enforcingthis article.
14-3-202. Definitions.
(a) As used in W.S. 14-3-201 through 14-3-216:
(i) "A 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 thephysical custody or control of the child;
(ii) "Abuse" means inflicting or causing physical ormental injury, harm or imminent danger to the physical or mental health orwelfare of a child other than by accidental means, including abandonment,unless the abandonment is a relinquishment substantially in accordance withW.S. 14-11-101 through 14-11-109, excessive or unreasonable corporalpunishment, malnutrition or substantial risk thereof by reason of intentionalor unintentional neglect, and the commission or allowing the commission of asexual offense against a child as defined by law:
(A) "Mental injury" means an injury to the psychologicalcapacity or emotional stability of a child as evidenced by an observable orsubstantial impairment in his ability to function within a normal range ofperformance and behavior with due regard to his culture;
(B) "Physical injury" means any harm to a childincluding but not limited to disfigurement, impairment of any bodily organ,skin bruising if greater in magnitude than minor bruising associated withreasonable corporal punishment, bleeding, burns, fracture of any bone, subduralhematoma or substantial malnutrition;
(C) "Substantial risk" means a strong possibility ascontrasted with a remote or insignificant possibility;
(D) "Imminent danger" includes threatened harm andmeans a statement, overt act, condition or status which represents an immediateand substantial risk of sexual abuse or physical or mental injury. "Imminent danger" includes violation of W.S. 31-5-233(m).
(iii) "Child" means any person under the age ofeighteen (18);
(iv) "Child protective agency" means the field orregional offices of the department of family services;
(v) "Court proceedings" means child protectiveproceedings which have as their purpose the protection of a child through anadjudication of whether the child is abused or neglected, and the making of anappropriate order of disposition;
(vi) "Institutional child abuse and neglect" meanssituations of child abuse or neglect where a foster home or other public orprivate residential home, institution or agency is responsible for the child'swelfare;
(vii) "Neglect" means a failure or refusal by thoseresponsible for the child's welfare to provide adequate care, maintenance,supervision, education or medical, surgical or any other care necessary for thechild's well being. Treatment given in good faith by spiritual means alone,through prayer, by a duly accredited practitioner in accordance with the tenetsand practices of a recognized church or religious denomination is not childneglect for that reason alone;
(viii) "State agency" means the state department offamily services;
(ix) "Subject of the report" means any child reportedunder W.S. 14-3-201 through 14-3-216 or the child's parent, guardian or otherperson responsible for the child's welfare;
(x) "Unsubstantiated report" means any report madepursuant to W.S. 14-3-201 through 14-3-216 that, upon investigation, is notsupported by a preponderance of the evidence;
(xi) "Substantiated report" means any report of childabuse or neglect made pursuant to W.S. 14-3-201 through 14-3-216 that, uponinvestigation, is supported by a preponderance of the evidence;
(xii) Repealed by Laws 2002, Ch. 86, 3.
(xiii) Repealed By Laws 2002, Ch. 86, 3.
(xiv) Repealed By Laws 2002, Ch. 86, 3.
(xv) "Collaborative" means the interagency children'scollaborative created by W.S. 14-3-215;
(xvi) "Department" means the state department of familyservices and its local offices;
(xvii) "Transportation" means the provision of a meansto convey the child from one place to another by the custodian or someoneacting on his behalf in the performance of required duties, but does notrequire the state to provide incidental travel or to purchase a motor vehiclefor the child's own use to travel.
14-3-203. Duties of state agency; on-call services.
(a) The state agency shall:
(i) Administer W.S. 14-3-201 through 14-3-215;
(ii) Be responsible for strengthening and improving state andcommunity efforts toward the prevention, identification and treatment of childabuse and neglect in the state; and
(iii) Refer any person or family seeking assistance in meetingchild care responsibilities, whether or not the problem presented by the personor family is child abuse or neglect, to appropriate community resources,agencies, services or facilities.
(iv) Repealed By Laws 2005, ch. 236, 4.
(b) The state agency may contract for assistance in providingon-call services. The assistance may include screening protection calls,making appropriate referrals to law enforcement and the agency, and maintaininga record of calls and referrals. Contractors shall have training in childprotection services.
(c) The state agency shall ensure that all child protectiveservice workers are trained:
(i) In the principles of family centered practice that focus onproviding services to the entire family to achieve the goals of safety andpermanency for children, including balancing the best interests of childrenwith the rights of parents;
(ii) In the duty of the workers to inform the individual subjectto a child abuse or neglect allegation, at the earliest opportunity during theinitial contact, of the specific complaints or allegations made against theindividual;
(iii) Concerning constitutional and statutory rights of childrenand families from and after the initial time of contact and the worker's legalduty not to violate the constitutional and statutory rights of children andfamilies from and after the initial time of contact;
(iv) To know the state's legal definitions of physical abuse,sexual abuse, neglect, dependency and endangerment;
(v) To know the provisions of federal and state laws governingchild welfare practice, including but not limited to the Adoption and SafeFamilies Act, Indian Child Welfare Act, Multi-Ethnic Placement Act and the ChildAbuse Prevention and Treatment Act, as amended.
14-3-204. Duties of local child protective agency.
(a) The local child protective agency shall:
(i) Prepare a plan for child protective services underguidelines prepared by the state agency, and provide services under the plan toprevent further child abuse or neglect. The plan shall be reviewed annually byboth agencies;
(ii) Receive, assess, investigate or arrange for investigationand coordinate investigation or assessment of all reports of known or suspectedchild abuse or neglect;
(iii) Within twenty-four (24) hours after notification of asuspected case of child abuse or neglect, initiate an investigation orassessment and verification of every report. The representative of the childprotective agency shall, at the initial time of contact with the individualsubject to a child abuse and neglect investigation or assessment, advise theindividual of the specific complaints or allegations made against theindividual. A thorough investigation or assessment and report of child abuse orneglect shall be made in the manner and time prescribed by the state agencypursuant to rules and regulations adopted in accordance with the WyomingAdministrative Procedure Act. If the child protective agency is deniedreasonable access to a child by a parent or other persons and the agency deemsthat the best interest of the child so requires, it shall seek an appropriatecourt order by ex parte proceedings or other appropriate proceedings to see thechild. The child protective agency shall assign a report:
(A) For investigation when allegations contained in the reportindicate:
(I) That criminal charges could be filed, the child appears tobe in imminent danger and it is likely the child will need to be removed fromthe home; or
(II) A child fatality, major injury or sexual abuse hasoccurred.
(B) For assessment when the report does not meet the criteriaof subparagraph (A) of this paragraph.
(iv) If the investigation or assessment discloses that abuse orneglect is present, initiate services with the family of the abused orneglected child to assist in resolving problems that lead to or caused thechild abuse or neglect;
(v) If the child protective agency is able throughinvestigation to substantiate a case of abuse or neglect, it shall notify theperson suspected of causing the abuse or neglect by first class mail to hislast known address of his right to request a hearing on the agency'sdetermination for a final determination before the office of administrativehearings pursuant to the Wyoming Administrative Procedure Act;
(vi) Make reasonable efforts to contact the noncustodial parentof the child and inform the parent of substantiated abuse or neglect in highrisk or moderate risk cases as determined pursuant to rules and regulations ofthe state agency and inform the parent of any proposed action to be taken;
(vii) Cooperate, coordinate and assist with the prosecution andlaw enforcement agencies;
(viii) When the best interest of the child requires court action,contact the county and prosecuting attorney to initiate legal proceedings andassist the county and prosecuting attorney during the proceedings. If thecounty attorney elects not to bring court action the local child protectiveagency may petition the court for appointment of a guardian ad litem who shallact in the best interest of the child and who may petition the court to directthe county attorney to show cause why an action should not be commenced underW.S. 14-3-401 through 14-3-439; and
(ix) Refer a child receiving department services who is underthe age of six (6) years to the department of health, division of developmentaldisabilities preschool program for educational and developmental screening andassessment.
(b) The local child protective agency may appeal an adversedetermination of the office of administrative hearings.
14-3-205. Child abuse or neglect; persons required to report.
(a) Any person who knows or has reasonable cause to believe orsuspect that a child has been abused or neglected or who observes any childbeing subjected to conditions or circumstances that would reasonably result inabuse or neglect, shall immediately report it to the child protective agency orlocal law enforcement agency or cause a report to be made.
(b) If a person reporting child abuse or neglect is a member ofthe staff of a medical or other public or private institution, school, facilityor agency, he shall notify the person in charge or his designated agent as soonas possible, who is thereupon also responsible to make the report or cause thereport to be made. Nothing in this subsection is intended to relieveindividuals of their obligation to report on their own behalf unless a reporthas already been made or will be made.
(c) Any employer, public or private, who discharges, suspends,disciplines or penalizes an employee solely for making a report of neglect orabuse under W.S. 14-3-201 through 14-3-215 is guilty of a misdemeanorpunishable by imprisonment for not more than six (6) months, a fine of not morethan seven hundred fifty dollars ($750.00), or both.
(d) Any person who knowingly and intentionally makes a falsereport of child abuse or neglect, or who encourages or coerces another personto make a false report of child abuse or neglect, is guilty of a misdemeanorpunishable by imprisonment for not more than six (6) months, a fine of not morethan seven hundred fifty dollars ($750.00), or both.
14-3-206. Child abuse or neglect; written report; statewide reportingcenter; documentation; costs and admissibility thereof.
(a) Reports of child abuse or neglect or of suspected childabuse or neglect made to the local child protective agency or local lawenforcement agency shall be:
(i) Conveyed immediately by the agency receiving the report tothe appropriate local child protective agency or local law enforcement agency. The agencies shall continue cooperating and coordinating with each other duringthe investigation; and
(ii) Followed by a written report by the receiving agencyconfirming or not confirming the facts reported. The report shall provide tolaw enforcement or the local child protective agency the following, to theextent available:
(A) The name, age and address of the child;
(B) The name and address of any person responsible for thechild's care;
(C) The nature and extent of the child's condition;
(D) The basis of the reporter's knowledge;
(E) The names and conditions of any other children relevant tothe report;
(F) Any evidence of previous injuries to the child;
(G) Photographs, videos and x-rays with the identification ofthe person who created the evidence and the date the evidence was created; and
(H) Any other relevant information.
(b) The state agency may establish and maintain a statewidereporting center to receive reports of child abuse or neglect on a twenty-four(24) hour, seven (7) day week, toll free telephone number. Upon establishmentof the service, all reports of child abuse or neglect may be made to the centerwhich shall transfer the reports to the appropriate local child protectiveagency.
(c) Any person investigating, examining or treating suspectedchild abuse or neglect may document evidence of child abuse or neglect to theextent allowed by law by having photographs taken or causing x-rays to be madeof the areas of trauma visible on a child who is the subject of the report orwho is subject to a report. The reasonable cost of the photographs or x-raysshall be reimbursed by the appropriate local child protective agency. Allphotographs, x-rays or copies thereof shall be sent to the local childprotective agency, admissible as evidence in any civil proceeding relating tochild abuse or neglect, and shall state:
(i) The name of the subject;
(ii) The name, address and telephone number of the person takingthe photographs or x-rays; and
(iii) The date and place they were taken.
14-3-207. Abuse or neglect as suspected cause of death; coroner'sinvestigation.
Anyperson who knows or has reasonable cause to suspect that a child has died as aresult of child abuse or neglect shall report to the appropriate coroner. Thecoroner shall investigate the report and submit his findings in writing to thelaw enforcement agency, the appropriate district attorney and the local childprotective agency.
14-3-208. Temporary protective custody; order; time limitation;remedial health care.
(a) When a child is taken into temporary protective custodypursuant to W.S. 14-3-405(a) and (b), the person taking custody shall immediatelynotify the local department of family services office and place or transfertemporary protective custody to the local department of family services officeas soon as practicable. The local department of family services office shall:
(i) Accept physical custody of the child;
(ii) Make reasonable efforts to inform the parent, noncustodialparent or other person responsible for the child's welfare that the child hasbeen taken into temporary protective custody, unless otherwise ordered by acourt of competent jurisdiction;
(iii) Arrange for care and supervision of the child in the mostappropriate and least restrictive setting necessary to meet the child's needs,including foster homes or other child care facilities certified by thedepartment or approved by the court. When it is in the best interest of thechild, the department shall place the child with the child's noncustodial birthparent or with the child's extended family, including adult siblings,grandparents, great-grandparents, aunts or uncles. Prior to approving placementwith the child's noncustodial birth parent or extended family, the departmentshall determine whether anyone living in the home has been convicted of a crimeinvolving serious harm to children or has a substantiated case listed on thecentral registry established pursuant to W.S. 14-3-213. The department mayleave the child in the care of a physician or hospital when necessary to ensurethe child receives proper care. A neglected child shall not be placed in a jailor detention facility other than for a delinquent act;
(iv) Initiate an investigation of the allegations; and
(v) Assess the child's mental and physical needs, provide forthe child's ordinary and emergency medical care and seek emergency courtauthorization for any extraordinary medical care that is needed prior to theshelter care hearing.
(b) The law enforcement or medical provider shall promptlynotify the court and the district attorney of any child taken into temporaryprotective custody and placed in its care pursuant to W.S. 14-3-405 without acourt order.
(c) Temporary protective custody shall not exceed forty-eight(48) hours, excluding weekends and legal holidays.
(d) When the court orders the child into the legal custody ofthe department pursuant to W.S. 14-3-409(d) or 14-3-429, the department shall:
(i) Accept legal custody of the child;
(ii) Continue or arrange for, care, transportation andsupervision of the child as provided in paragraph (a)(iii) of this section;
(iii) Assess the child's mental and physical health needs andprovide for the child's ordinary and emergency medical care;
(iv) Arrange for the provision of the education of the child,including participation in individualized education or developmental services;
(v) Participate in multidisciplinary team meetings to developtreatment recommendations for the child;
(vi) Perform any other duties ordered by the court relating tothe care or custody of the child.
14-3-209. Immunity from liability.
Anyperson, official, institution or agency participating in good faith in any actrequired or permitted by W.S. 14-3-201 through 14-3-215 is immune from anycivil or criminal liability that might otherwise result by reason of theaction. For the purpose of any civil or criminal proceeding, the good faith ofany person, official or institution participating in any act permitted orrequired by W.S. 14-3-201 through 14-3-215 shall be presumed.
14-3-210. Admissibility of evidence constituting privilegedcommunications.
(a) Evidence regarding a child in any judicial proceedingresulting from a report made pursuant to W.S. 14-3-201 through 14-3-215 shallnot be excluded on the ground it constitutes a privileged communication:
(i) Between husband and wife;
(ii) Claimed under any provision of law other than W.S.1-12-101(a)(i) and (ii); or
(iii) Claimed pursuant to W.S. 1-12-116.
14-3-211. Appointment of counsel for child and other parties.
(a) The court shall appoint counsel to represent any child in acourt proceeding in which the child is alleged to be abused or neglected. Anyattorney representing a child under this section shall also serve as thechild's guardian ad litem unless a guardian ad litem has been appointed by thecourt. The attorney or guardian ad litem shall be charged with representationof the child's best interest.
(b) The court may appoint counsel for any party when necessaryin the interest of justice.
14-3-212. Child protection teams; creation; composition; duties;records confidential.
(a) The state agency and the local child protective agencyshall encourage and assist in the creation of child protection teams within thecommunities in the state. The purposes of the child protection teams shall beto identify or develop community resources to serve abused and neglectedchildren within the community, to advocate for improved services or proceduresfor such children and to provide information and assistance to the stateagency, local child protection agency and multidisciplinary teams, if a multidisciplinaryteam has been appointed. The department may promulgate reasonable rules andregulations in accordance with the Wyoming Administrative Procedure Act todefine the roles and procedures of child protection teams.
(b) The local child protection team shall be composed of:
(i) A member of the district attorney's office;
(ii) A designated representative from the school district ordistricts within the area served by the team;
(iii) A representative from the local field office of the departmentof family services;
(iv) A representative from the county government;
(v) A representative from each city and town in the county;
(vi) Representatives from other relevant professions; and
(vii) Temporary members selected for the needs of a particularcase as determined by the team.
(c) The local child protection team may:
(i) Assist and coordinate with the state agency, the localchild protective agency and all available agencies and organizations dealingwith children;
(ii) Repealed By Laws 2005, ch. 236, 4.
(iii) Coordinate the provision of appropriate services for abusedand neglected children and their families;
(iv) Identify or develop community resources to serve abused andneglected children and advocate for improved services and procedures for suchchildren;
(v) Identify training needs, sponsor training and raisecommunity awareness of child protection issues; and
(vi) Assist and make recommendations of appropriate services inindividual cases brought to it by the state agency or the local childprotection agency.
(d) The local child protection team shall not act as amultidisciplinary team, but members of the child protection team may serve on amultidisciplinary team if appointed pursuant to W.S. 14-3-427.
(e) All records and proceedings of the child protection teamsare subject to W.S. 14-3-214.
14-3-213. Central registry of child protection cases; establishment;operation; amendment, expungement or removal of records; classification andexpungement of reports; statement of person accused.
(a) The state agency shall establish and maintain a record ofall child protection reports and a central registry of "underinvestigation" or "substantiated" child protection reports inaccordance with W.S. 42-2-111.
(b) Through the recording of reports, the state agency'srecordkeeping system shall be operated to enable the state agency to:
(i) Immediately identify and locate prior reports of cases ofchild abuse or neglect to assist in the diagnosis of suspicious circumstancesand the assessment of the needs of the child and his family;
(ii) Continuously monitor the current status of all pendingchild protection cases;
(iii) Regularly evaluate the effectiveness of existing laws andprograms through the development and analysis of statistical and otherinformation; and
(iv) Maintain a central registry of "underinvestigation" reports and "substantiated" reports of childabuse or neglect for provision of information to qualifying applicants pursuantto W.S. 14-3-214(f).
(c) Upon good cause shown and upon notice to the subject of an"under investigation" or "substantiated" report, the stateagency may list, amend, expunge or remove any record from the central registryin accordance with rules and regulations adopted by the state agency.
(d) All reports of child abuse or neglect contained within thecentral registry shall be classified in one (1) of the following categories:
(i) "Under investigation"; or
(ii) "Substantiated".
(iii) Repealed By Laws 2005, ch. 23, 2.
(e) Within six (6) months all reports classified as "underinvestigation" shall be reclassified as "substantiated" orexpunged from the central registry, unless the state agency is notified of anopen criminal investigation or criminal prosecution. Unsubstantiated reportsshall not be contained within the central registry.
(f) Any person named as a perpetrator of child abuse or neglectin any report maintained in the central registry which is classified as asubstantiated report as defined in W.S. 14-3-202(a)(xi) shall have the right tohave included in the report his statement concerning the incident giving riseto the report. Any person seeking to include a statement pursuant to thissubsection shall provide the state agency with the statement. The state agencyshall provide notice to any person identified as a perpetrator of his right tosubmit his statement in any report maintained in the central registry.
14-3-214. Confidentiality of records; penalties; access toinformation; attendance of school officials at interviews; access to centralregistry records pertaining to child protection cases.
(a) All records concerning reports and investigations of childabuse or neglect are confidential except as provided by W.S. 14-3-201 through14-3-215. Any person who willfully violates this subsection is guilty of amisdemeanor and upon conviction shall be fined not more than five hundreddollars ($500.00) or imprisoned in the county jail not more than six (6)months, or both.
(b) Applications for access to records concerning child abuseor neglect contained in the state agency or local child protective agency shallbe made in the manner and form prescribed by the state agency. Upon appropriateapplication, the state agency shall give access to any of the following personsor agencies for purposes directly related with the administration of W.S.14-3-201 through 14-3-216:
(i) A local child protective agency;
(ii) A law enforcement agency, guardian ad litem, childprotection team or the attorney representing the subject of the report;
(iii) A physician or surgeon who is treating an abused orneglected child, the child's family or a child he reasonably suspects may havebeen abused or neglected;
(iv) A person legally authorized to place a child in protectivetemporary custody when information in the report or record is required todetermine whether to place the child in temporary protective custody;
(v) A person responsible for the welfare of the child;
(vi) A court or grand jury upon a showing that access to therecords is necessary for the determination of an issue, in which case accessshall be limited to in camera inspection unless the court finds publicdisclosure is necessary;
(vii) Court personnel who are investigating reported incidents ofchild abuse or neglect;
(viii) An education or mental health professional serving thechild, if the state agency determines the information is necessary to provideappropriate educational or therapeutic interventions.
(c) A physician or person in charge of an institution, school,facility or agency making the report shall receive, upon written application tothe state agency, a summary of the records concerning the subject of thereport.
(d) Any person, agency or institution given access toinformation concerning the subject of the report shall not divulge or makepublic any information except as required for court proceedings.
(e) Nothing in W.S. 14-3-201 through 14-3-215 prohibits theattendance of any one (1) of the following at an interview conducted on schoolproperty by law enforcement or child protective agency personnel of a childsuspected to be abused or neglected provided the person is not a subject of theallegation:
(i) The principal of the child's school or his designee; or
(ii) A child's teacher or, counselor, or specialist employed bythe school or school district and assigned the duties of monitoring, reviewingor assisting in the child's welfare in cases of suspected child abuse orneglect.
(f) Upon appropriate application, the state agency shallprovide to any chapter of a nationally recognized youth organization, childcaring facility certified under W.S. 14-4-101 et seq., public or private schoolor state institution for employee or volunteer screening purposes a summary ofcentral registry records maintained under state agency rules since December 31,1986, for purposes of screening employees or volunteers. The state agency shallprovide the results of the records check to the applicant by certified mail ifthe records check confirms the existence of a report "underinvestigation" or a "substantiated" finding of abuse orneglect. Otherwise, the state agency shall provide the results of the recordscheck to the applicant by United States mail. The written results shallconfirm that there is a report "under investigation", a"substantiated" finding of abuse or neglect on the central registrynaming the individual or confirm that no record exists. When the individual isidentified on the registry as a "substantiated" perpetrator of abuseor neglect, the report to the applicant shall contain information with respectto the date of the finding, specific type of abuse or neglect, a copy of theperpetrator's voluntary statement and whether an appeal is pending. The applicantshall submit a fee of ten dollars ($10.00) and proof satisfactory to the stateagency that the prospective or current employee or volunteer whose records arebeing checked consents to the release of the information to the applicant. Theapplicant shall use the information received only for purposes of screeningprospective employees and volunteers who may, through their employment orvolunteer services, have unsupervised access to minors. Applicants, theiremployees or other agents shall not otherwise divulge or make public anyinformation received under this section. The state agency shall notify anyapplicant receiving information under this subsection of any subsequentreclassification of the information pursuant to W.S. 14-3-213(e). The state agencyshall screen all prospective agency employees in conformity with the procedureprovided under this subsection.
(g) There is created a program administration account to beknown as the "child and vulnerable adult abuse registry account". All fees collected under subsection (f) of this section shall be credited tothis account.
14-3-215. Interagency children's collaborative.
(a) There is created an interagency children's collaborative. The collaborative shall be composed of:
(i) The director of the department of family services, or hisdesignee;
(ii) The director of the department of health, or his designee;
(iii) The superintendent of public instruction, or his designee;
(iv) The director of the department of workforce services, orhis designee; and
(v) The governor's appointee who shall represent familiesreceiving services from the state agencies represented in paragraphs (i)through (iv) of this subsection.
(b) The department of family services shall adopt rules by July1, 2005, to establish guidelines for review of case files of children in statecustody as a result of any action commenced under this title. The rules shallbe adopted by the department of family services with the advice of thedepartments of education, health and workforce services. In addition toproviding for the review of cases and the progress made towards returningchildren in state custody to their homes, communities or other permanentplacements, the guidelines shall provide specific processes for:
(i) Local multidisciplinary teams to voluntarily present casefiles to the collaborative for review;
(ii) The review of cases in which more than one (1) state agencyprovides services to the child and his family; and
(iii) The review of statewide availability and utilization ofresources for children in state custody.
14-3-216. Other laws not superseded.
Nolaws of this state are superseded by the provisions of W.S. 14-3-201 through14-3-216.
ARTICLE 3 - SALE OF TOBACCO
14-3-301. Definitions.
(a) As used in this article:
(i) "Tobacco products" means any substance containingtobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco,snuff, chewing tobacco or dipping tobacco;
(ii) "Vending machine" means any mechanical, electricor electronic self-service device which, upon insertion of money, tokens, orany other form of payment, dispenses tobacco products;
(iii) "Retailer" means a business of any kind at aspecific location that sells tobacco products to a user or consumer;
(iv) "Self service display" means any display oftobacco products that is located in an area where customers are permitted andwhere the tobacco products are readily accessible to a customer without theassistance of a salesperson.
14-3-302. Prohibited sales or delivery.
(a) No individual shall sell, offer for sale, give away ordeliver tobacco products to any person under the age of eighteen (18) years.
(b) Any individual violating subsection (a) of this section isguilty of a misdemeanor punishable by a fine of not more than:
(i) Fifty dollars ($50.00) for a first violation committedwithin a twenty-four (24) month period. The court may allow the defendant toperform community service and be granted credit against his fine and courtcosts at the rate of five dollars ($5.00) for each hour of work performed;
(ii) Two hundred fifty dollars ($250.00) for a second violationcommitted within a twenty-four (24) month period, regardless of the locationswhere the violations occurred. The court may allow the defendant to performcommunity service and be granted credit against his fine and court costs at therate of five dollars ($5.00) for each hour of work performed;
(iii) Seven hundred fifty dollars ($750.00) for a third orsubsequent violation committed within a twenty-four (24) month period,regardless of the locations where the violations occurred. The court may allowthe defendant to perform community service and be granted credit against hisfine and court costs at the rate of five dollars ($5.00) for each hour of workperformed.
(c) No retailer shall sell, permit the sale, offer for sale,give away or deliver tobacco products to any person under the age of eighteen(18) years.
(d) Any person violating subsection (c) of this section isguilty of a misdemeanor punishable by a fine of not more than:
(i) Fifty dollars ($50.00) for a first violation committedwithin a twenty-four (24) month period;
(ii) Two hundred fifty dollars ($250.00) for a second violationcommitted within a twenty-four (24) month period;
(iii) Seven hundred fifty dollars ($750.00) for a third orsubsequent violation committed within a twenty-four (24) month period.
(e) In addition to the penalties under paragraph (d)(iii) ofthis section, any person violating subsection (c) of this section for a thirdor subsequent time within a two (2) year period may be subject to aninjunction. The department of revenue or the district attorney of the county inwhich the offense occurred, may petition the district court for an injunctionto prohibit the sale of tobacco in the establishment where the violationoccurred. If the court finds that the respondent in the action has violated theprovisions of subsection (c) of this section for a third or subsequent timewithin a two (2) year period and may continue to violate such provisions, itmay grant an injunction prohibiting the respondent from selling tobaccoproducts in the establishment where the violation occurred for a period of notmore than one hundred eighty (180) days. For the purposes of this subsection,multiple violations occurring before the petition for the injunction is filedshall be deemed part of the violation for which the injunction is sought. Ifthe person against whom the injunction is sought operates multiple, geographicallyseparate establishments, the injunction shall apply only to the establishmentwhere the violation occurred. The injunction shall prohibit all sales oftobacco products in the establishment where the violation occurred, regardlessof any change in ownership or management of the establishment that is not abona fide, arms length transaction while the injunction is in effect.
(f) It is anaffirmative defense to a prosecution under subsections (a) and (c) of thissection that, in the case of a sale, the person who sold the tobacco productwas presented with, and reasonably relied upon, an identification card whichidentified the person buying or receiving the tobacco product as being overeighteen (18) years of age.
(g) Notwithstanding the provisions of subsection (d) of thissection, no fine for a violation of subsection (c) of this section shall beimposed for a first offense in a twenty-four (24) month period if the retailercan show it had:
(i) Adopted and enforced a written policy against sellingtobacco products to persons under the age of eighteen (18) years;
(ii) Informed its employees of the applicable laws regarding thesale of tobacco products to persons under the age of eighteen (18) years;
(iii) Required employees to verify the age of tobacco productcustomers by way of photographic identification or by means of electronictransaction scan device; and
(iv) Established and imposed disciplinary sanctions fornoncompliance.
14-3-303. Posted notice required; location of vending machines.
(a) Any person who sells tobacco products shall post signsinforming the public of the age restrictions provided by this article at ornear every display of tobacco products and on or upon every vending machinewhich offers tobacco products for sale. Each sign shall be plainly visible andshall contain a statement communicating that the sale of tobacco products topersons under eighteen (18) years of age is prohibited by law. EffectiveJanuary 1, 2001, any person who owns, operates or manages a business wheretobacco products are offered for sale at retail and at which persons under theage of eighteen (18) are allowed admission with or without an adult, shallmaintain all tobacco products within the line of sight of a cashier or otheremployee or under the control of the cashier or other employee. For purposes ofthis subsection:
(i) "Within the line of sight" means visible to acashier or other employee while at the sales counter; and
(ii) "Under control" means protected by security,surveillance or detection methods.
(b) No person shall sell or offer tobacco products:
(i) Through a vending machine unless the vending machine islocated in:
(A) Businesses, factories, offices or other places not open tothe general public;
(B) Places to which persons under the age of eighteen (18)years of age are not permitted access; or
(C) Business premises where alcoholic or malt beverages aresold or dispensed and where entry by persons under eighteen (18) years of ageis prohibited.
(ii) Through a self service display except in:
(A) A vending machine as permitted in paragraph (i) of thissubsection; or
(B) A business where entry by persons under eighteen (18) yearsof age is prohibited.
(c) Any person violating subsection (a) or (b) of this sectionis guilty of a misdemeanor punishable by a fine of not more than:
(i) Fifty dollars ($50.00) for a first violation committedwithin a twenty-four (24) month period;
(ii) Two hundred fifty dollars ($250.00) for a second violationcommitted within a twenty-four (24) month period;
(iii) Seven hundred fifty dollars ($750.00) for a third orsubsequent violation committed within a twenty-four (24) month period.
(d) For purposes of subsection (c) of this section, each day ofcontinued violation under subsection (a) or (b) of this section shall be deemeda separate offense.
(e) In addition to the penalties under paragraph (c)(iii) ofthis section, any person violating subsection (a) or (b) of this section for athird or subsequent time within a two (2) year period may be subject to aninjunction. The department or the district attorney of the county in which theoffense occurred, may petition the district court for an injunction to prohibitthe sale of tobacco from the vending machines or the establishment where theviolation occurred. If the court finds that the respondent in the action hasviolated the provisions of subsection (a) or (b) of this section for a third orsubsequent time within a two (2) year period and may continue to violate suchprovisions, it may grant an injunction prohibiting the respondent from sellingtobacco products from vending machines or from the establishment where theviolation occurred for a period of not more than one hundred eighty (180) days.For the purposes of this subsection, multiple violations occurring before thepetition for the injunction is filed shall be deemed part of the violation forwhich the injunction is sought. If the person against whom the injunction issought operates multiple, geographically separate establishments or vendingmachines, the injunction shall apply only to the establishment where theviolation occurred and to the vending machines resulting in the violation. Theinjunction shall prohibit all sales of tobacco products from the vendingmachines or the establishment involved in the violation, regardless of anychange in ownership or management of the vending machines or the establishmentthat is not a bona fide, arms length transaction while the injunction is ineffect.
14-3-304. Purchase by minors prohibited.
(a) No person under the age of eighteen (18) years shallpurchase or attempt to purchase tobacco products, or misrepresent his identityor age, or use any false or altered identification for the purpose ofpurchasing or attempting to purchase tobacco products.
(b) Any person violating subsection (a) of this section isguilty of a misdemeanor punishable by a fine of not more than:
(i) Fifty dollars ($50.00) for a first violation committedwithin a twenty-four (24) month period;
(ii) Two hundred fifty dollars ($250.00) for a second violationcommitted within a twenty-four (24) month period;
(iii) Seven hundred fifty dollars ($750.00) for a third orsubsequent violation committed within a twenty-four (24) month period.
(c) In lieu of the fine under subsection (b) of this section,the court may allow the defendant to perform community service or attend atobacco cessation program and be granted credit against his fine and courtcosts at the rate of five dollars ($5.00) for each hour of work performed oreach hour of tobacco cessation program attended.
(d) After twenty-four (24) months or upon reaching the age ofmajority, whichever occurs later, a criminal conviction under this section maybe expunged in accordance with W.S. 14-6-241.
14-3-305. Possession or use by minors prohibited.
(a) It is unlawful for any person under the age of eighteen(18) years to possess or use any tobacco products.
(b) Any person violating subsection (a) of this section isguilty of a misdemeanor punishable by a fine of not more than:
(i) Fifty dollars ($50.00) for a first violation committedwithin a twenty-four (24) month period;
(ii) Two hundred fifty dollars ($250.00) for a second violationcommitted within a twenty-four (24) month period;
(iii) Seven hundred fifty dollars ($750.00) for a third orsubsequent violation committed within a twenty-four (24) month period.
(c) Repealed By Laws 2000, Ch. 93, 4.
(d) In lieu of the fine under subsection (b) of this section,the court may allow the defendant to perform community service or attend atobacco cessation program and be granted credit against his fine and courtcosts at the rate of five dollars ($5.00) for each hour of work performed oreach hour of tobacco cessation program attended.
(e) After twenty-four (24) months or upon reaching the age ofmajority, whichever occurs later, a criminal conviction under this section maybe expunged in accordance with W.S. 14-6-241.
14-3-306. Teen court jurisdiction.
The teen court program authorized under W.S. 7-13-1203 mayhave jurisdiction over any offense committed by a minor under this article.
14-3-307. Compliance inspections.
(a) The department of health, working with local lawenforcement agencies and other local individuals and organizations at thediscretion of the department, shall be the lead agency to ensure compliancewith this article.
(b) The department of health shall develop strategies tocoordinate and support local law enforcement efforts to enforce all state statutesrelating to the prohibition of the sale of tobacco products to minors.
(c) The department shall have discretion to:
(i) Work with each local law enforcement agency; and
(ii) Coordinate local enforcement efforts that appropriatelyreflect the needs of the community.
(d) To coordinate the enforcement of state statutes relating tothe prohibition of the sale of tobacco products to minors and to comply withapplicable federal law, the department of health shall have authority tocontract with or provide grants to local law enforcement agencies or other local individuals or entities having theappropriate level of enforcement authority on the local levelto conduct random, unannounced inspections at retail locations where tobaccoproducts are sold. The use of minors during inspections is authorized subjectto the following:
(i) The written consent shall include notification thattestimony in a subsequent court proceeding may be required. The written consentof the minor's parents or guardian shall be obtained prior to the minorparticipating in an inspection;
(ii) A minor participating in an inspection shall, ifquestioned, state his true age and that he is less than eighteen (18) years ofage;
(iii) The minor's appearance shall not be altered to make himappear to be eighteen (18) years of age or older;
(iv) Neither a minor nor his parents or guardians shall becoerced into participating in such inspections;
(v) The person conducting the inspection shall photograph theparticipant immediately before the inspection and any photographs taken of theparticipant shall be retained by the person conducting the inspection;
(vi) Any participant in an inspection under this section shallbe granted immunity from prosecution under W.S. 14-3-304 or 14-3-305.
(e) The person conducting an inspection under this sectionshall:
(i) Remain within sight or