Chapter 4 - Child Care Facilities
CHAPTER 4 - CHILD CARE FACILITIES
ARTICLE 1 - CHILD CARE FACILITIES CERTIFICATION
14-4-101. Definitions.
(a) As used in W.S. 14-4-101 through 14-4-115:
(i) "Applicant" means any person making formalapplication to the certifying authority for certification to operate a childcaring agency in the state of Wyoming;
(ii) "Board" means the certification board;
(iii) "Board of review" means the "certificationboard" sitting as a board of review;
(iv) "Certified agency" means any person certified todo business under the provisions of W.S. 14-4-101 through 14-4-111;
(v) "Certifying authority" means the department offamily services operating as the agency which issues certificates, makesinspections, enforces standards and handles all administrative details relatingto enforcement of W.S. 14-4-101 through 14-4-111;
(vi) "Child caring facility" means any person whooperates a business to keep or care for any minor at the request of theparents, legal guardians or an agency which is responsible for the child andincludes any of the following privately operated facilities:
(A) Children's institutions;
(B) Child placing agencies whether for permanent or temporaryplacement;
(C) Foster homes not supervised by the state, any localgovernment, school district or agency or political subdivision thereof;
(D) Group day care agencies;
(E) Detention homes;
(F) Public or private receiving homes;
(G) Correctional schools;
(H) Homes for defective children;
(J) Ranches for children whether for summer operation only orotherwise;
(K) Day or hourly nurseries, nursery schools, kindergartens orany other preschool establishment not accredited by the state board ofeducation;
(M) Boarding homes not supervised by the state, any localgovernment, school district or agency or political subdivision thereof;
(N) Boards of cooperative educational services established underW.S. 21-20-104 and providing services to children with disabilities of anyschool district; and
(O) Except as provided under subparagraph (a)(vi)(N) of thissection, any other person not legally related to a minor, having legal orphysical care, custody or control of the child, receiving payment therefor andnot supervised by the state, any local government, school district or agency orpolitical subdivision thereof.
(vii) "Person" shall mean any individual, partnership,association or corporation.
14-4-102. Certification required; exceptions.
(a) All child caring facilities except those excluded insubsection (b) of this section, are required to be certified by the certifyingauthority before exercising care, custody or control of any minor.
(b) W.S. 14-4-101 through 14-4-111 do not apply to:
(i) A legal parent's or legal relative's care of a minor;
(ii) Occasional care of a neighbor's or friend's child if thecaretaking person does not regularly engage in this activity;
(iii) Parents exchanging child care on a mutually cooperativebasis;
(iv) Child care by a person employed to come to the home of thechild's parent or guardian;
(v) Day-care agencies providing care for less than three (3)minors;
(vi) Foster homes supervised by the state, any local government,school district or agency or political subdivision thereof;
(vii) Ranches or farms not offering services to children who arehomeless, delinquent or have an intellectual disability; and
(viii) Summer camps operated by nonprofit organizations;
(ix) Day-care facilities providing care to the children of onlyone (1) immediate family unit.
14-4-103. Certification board; establishment; composition; appointmentof lay members; duties.
(a) A certification board of not more than fifteen (15) membersreflecting statewide representation is established and shall be composed of:
(i) One (1) representative from the department of familyservices;
(ii) One (1) representative from the state department ofeducation;
(iii) Repealed by Laws 1991, ch. 161, 4.
(iv) The state fire marshal or his designee;
(v) Six (6) lay members who are residents of the state andoperators of child caring facilities or parents;
(vi) Not more than four (4) additional lay members with an interestin child care;
(vii) One (1) representative from the state department ofagriculture or other state or local agency which may be responsible forsanitation inspections of child care facilities; and
(viii) One (1) representative from the state department of health.
(b) The lay members shall be appointed by the governor forterms of two (2) years and may be removed by the governor as provided in W.S.9-1-202. Any vacancies among the lay members shall be filled by gubernatorialappointment.
(c) The board shall:
(i) Designate investigators to investigate any child caringfacility within the provisions of W.S. 14-4-101 through 14-4-111;
(ii) Act as the board of review; and
(iii) Act as an advisor to the state in all matters pertaining tochild care programs and child care facility licensing.
(d) When the board is acting as a board of review pursuant toparagraph (c)(ii) of this section, the chairman of the board may designate, ona case by case basis, a committee of the board made up of at least three (3)disinterested members of the board to hear the case and recommend a decision onbehalf of the board.
14-4-104. Certification; application; standards; notification tocertify or refuse; term.
(a) Application for certification of a child caring facilitywithin W.S. 14-4-101 through 14-4-111 shall be made to the certifyingauthority.
(b) A certificate shall be issued upon compliance with thefollowing standards:
(i) Good moral character of the applicant, his employees andany other person having direct contact with a child under the care, custody orcontrol of the applicant;
(ii) Practical experience, education or training of theapplicant in child care and treatment;
(iii) Uncrowded, safe, sanitary and well repaired facilities; and
(iv) Wholesome food prepared in a clean and healthy environment.
(c) The certifying authority shall notify the applicant of itsdecision to certify or refuse certification of the applicant within thirty (30)days after the application has been filed.
(d) All full certificates are nontransferable. Duration of thecertificate shall be determined pursuant to rules and regulations of thedepartment, subject to an annual continuation fee.
(e) The department is authorized to establish pursuant to rulesand regulations full and provisional certificate fees and fees for continuationof a full certificate. Fees for continuation of a full certificate shall bedue on the anniversary date of the original certificate. Fees collected by thedepartment under this section shall be deposited in the general fund to offsetthe cost of administration of the board.
14-4-105. Provisional certificate.
Thecertifying authority may issue a provisional certificate if a substandard childcaring agency is attempting to meet the standards or to comply with the rulesand regulations pursuant to W.S. 14-4-101 through 14-4-111. A provisionalcertificate is effective for a period of not more than six (6) months and isnonrenewable.
14-4-106. Repealed by Laws 1995, ch. 179, 2.
14-4-107. Inspection by certifying board; right of entrance.
(a) The certifying board shall periodically and at reasonabletimes inspect, investigate and examine all certified agencies and applicantsfor certification.
(b) Any certified agency or applicant for certification shallgive right of entrance and inspection of the facility to inspectors authorizedby the certifying board. Any certified agency or applicant who denies admissionto any authorized inspector shall have the certificate revoked or applicationdenied.
14-4-108. Suspension, revocation or nonrenewal of certificate;grounds; approval.
(a) Any certificate made or issued pursuant to W.S. 14-4-101through 14-4-111 may be suspended, nonrenewed or revoked by the certifyingauthority upon proof of violation of any provision within W.S. 14-4-101 through14-4-111.
(b) Thirty (30) days prior to initiating suspension, revocationor nonrenewal of any certificate made or issued pursuant to W.S. 14-4-101through 14-4-111, the certifying authority shall give written notice to thecertified agency of the alleged facts warranting the intended action andprovide the certified agency an opportunity to request a hearing with the boardof review within ten (10) days of the receipt of notice. The hearing shall beconducted in accordance with the Wyoming Administrative Procedure Act.
(c) Notwithstanding subsection (b) of this section, if thecertifying authority finds the life, health or safety of a child is in imminentdanger, the certifying authority may immediately temporarily suspendcertification of the agency pending hearing.
(d) The certified agency may appeal to the district court forreview of any adverse decision of the board of review as provided by theWyoming Administrative Procedure Act.
14-4-109. Denial of certification; notice and hearing; appeal.
(a) Upon receiving a notice of denial of certification, anyapplicant may request a hearing with the board of review by serving propernotice to the certifying authority. The hearing shall be conducted inaccordance with the Wyoming Administrative Procedure Act.
(b) Any applicant may appeal to the district court for reviewof the decision of the board of review as provided by the WyomingAdministrative Procedure Act.
14-4-110. Enjoining operations in violation.
Anyperson may be enjoined from operating a child caring facility for violating anyprovision within W.S. 14-4-101 through 14-4-111.
14-4-111. Penalty for uncertified operation.
Anychild caring facility operating without certification under W.S. 14-4-101through 14-4-111 is guilty of a misdemeanor and shall be fined not less thanfifty dollars ($50.00) nor more than two hundred dollars ($200.00) for eachoffense. Each day of operation without certification is a separate offense.
14-4-112. Contracts by department of family services.
Thedepartment of family services is authorized to contract with any lawfulauthority of any child caring facility for the care and custody of Wyomingchildren which have been placed therein by court order under the Juvenile CourtAct or otherwise. The department shall select those child caring facilitiesrequiring the least expense to the state for the care and custody of children.
14-4-113. Commitment of uncontrollable child; refusal to receive.
(a) If a child is committed to a child caring facility by acourt under the Juvenile Court Act or otherwise and the child caring facilitycannot exercise proper control over the child, the child caring facility mayreport the facts to the court with jurisdiction for a reconsideration orrehearing on the order. If the facts warrant, the child shall then be committedto the Wyoming boys' school, the Wyoming girls' school, or such other privatelyor publicly operated facility as the court deems appropriate.
(b) If a child caring facility refuses to receive a child undercourt order, then the court of competent jurisdiction shall provide forplacement under other provisions of law.
14-4-114. State payment to facility.
No payment shall be made by the state toany child caring facility receiving a child under court order.
14-4-115. Authority of counties and municipalities to have detentionhomes.
The board of county commissioners of anycounty or the governing body of any municipal corporation may acquire andmaintain a detention home for care of delinquent minors, provided the detentionhome is not used for any other purpose.
14-4-116. Mandatory immunizations for children attending child caringfacilities.
(a) As used in this section "child caring facility"means a facility required to be certified under W.S. 14-4-102.
(b) All persons over eighteen (18) months old attending ortransferring into a child caring facility are required to be completelyimmunized in a similar manner to W.S. 21-4-309.
(c) The operator of the child caring facility shall beresponsible for an audit of the immunization status of any child attending thechild caring facility in a similar manner to W.S. 21-4-309.
14-4-117. Juvenile detention facilities standards; definitions;report. [THIS SECTION IS EFFECTIVE MARCH 31, 2013, EXCEPT SUBSECTIONS (a) and(c) ARE EFFECTIVE JULY 1, 2010.]
(a) Sheriffs, in consultation with other operators of juveniledetention facilities, shall develop and implement uniform standards afterconsideration of nationally recognized criteria for the operation of allhardware secure and staff secure juvenile detention facilities.
(b) No minor shall be detained in a hardware secure or staffsecure juvenile detention facility unless the facility has adopted thestandards specified under subsection (a) of this section.
(c) The sheriffs shall report to the joint judiciary interimcommittee by November 15, 2012 with respect to their progress in developing andimplementing the standards specified under subsection (a) of this section.
(d) As used in this section:
(i) "Hardware secure juvenile detention facility"means a facility used for the detention of minors that is characterized bylocks on the doors and other restrictive hardware designed to restrict themovement of the minors and protect public safety;
(ii) "Staff secure juvenile detention facility" meansa facility used for the detention of minors that is characterized by a trainedstaff to supervise the movement and activities of detained minors at thefacility, without the additional use of hardware secure equipment.
(e) Nothing in this section shall apply to the Wyoming boys'school or the Wyoming girls' school.
ARTICLE 2 - QUALITY CHILD CARE
14-4-201. Quality child care system established.
(a) A quality child care system is created for the purpose ofassisting the working families of the state by encouraging the availability ofhigh quality care for children in licensed child caring facilities. The systemmay consist of:
(i) A quality rating system;
(ii) Incentive payments for higher levels of quality care;
(iii) Grants for professional educational development;
(iv) Technical assistance, business management services andfamily strengthening programs.
(b) The quality child care system shall also provide for aparental education and public awareness program.
(c) The department of workforce services is authorized topromulgate rules and regulations for the purpose of implementing all or anyportion of this article. All rules and regulations shall be promulgated inconsultation with the department of education, the department of familyservices, the department of health, University of Wyoming and early childhoodspecialists from the private sector.
(d) The state's responsibility for payments under this articleshall be limited to the amount of funding provided for the quality child caresystem by the legislature. The department may receive donations fromfoundations or other private sources. Any such funds received shall bedeposited into a separate account and are continuously appropriated to thedepartment, which may distribute those funds in accordance with the provisionsof this article. Services eligible to be paid for by another public programshall not be reimbursed under this article.
(e) Infants and preschool children served under this articlewho qualify for disability services shall receive those services through aregional developmental preschool that is supported by state funding for thispurpose, provided the parents or caretakers agree to those services. The costof these services shall not be reimbursed by payments made to providers underthis article.
(f) In the delivery of services, facilities that receive fundsunder this article shall not discriminate against any individual on the basisof sex, color, race, religion, national origin, disability or age other thanthe age of the qualifying child. Notwithstanding this subsection, facilitiesshall retain the ability to refer children with developmental disabilities toappropriate services.
(g) Upon approval of the application for funds as provided inthis article, the facility shall enter into a contract with the state, whereinthe facility shall agree:
(i) To provide child care services in this state for a minimumof one (1) year;
(ii) To serve children from families eligible for support forchild care under programs, other than the program created by this article,managed by the department of family services;
(iii) To submit the reports required by W.S. 14-4-203(d) and tosubmit information as required in the department's rules and regulations; and
(iv) To immediately repay all funds provided to the facilitypursuant to this article, attorney fees and costs incurred in collection, ifthe facility breaches the contract during the one (1) year period.
(h) The department of workforce services shall structure itscontracts with facilities to ensure necessary data is reported uniformly. Thecontracts shall specify what services will be provided under the contract andthe outcome measures to be achieved to allow the department to determinecompliance with contract provisions, the services provided, the outcomesachieved and to determine the extent of statewide needs based on the reportsreceived.
(j) Repealed By Laws 2007, Ch. 156, 3.
(k) The department, in rating facilities for quality and makingpayments to facilities pursuant to this article, shall not discriminate againstany facility due to religious orientation, affiliation or instruction or thelack thereof. No state funds shall be used for materials for religiousinstruction, salaries and benefits for staff primarily engaged in religiousinstruction, or for any other incremental cost of religious instruction or observances. Any facility receiving state funds shall be prepared to demonstrate, ifaudited, that sufficient nongovernmental funds were available to cover allexpenses of religious instruction or observance.
(m) For purposes of this article:
(i) "Department" means the department of workforceservices;
(ii) "Facility" means child caring facility as definedin W.S. 14-4-101(a)(vi)(D) and (K);
(iii) Repealed By Laws 2007, Ch. 156, 3.
14-4-202. Repealed By Laws 2007, Ch. 156, 3.
14-4-203. Repealed By Laws 2007, Ch. 156, 3.
14-4-204. Educational development scholarships and continuingeducation grants.
(a) The department by rule and regulation shall provideeducational development scholarships to assist the owners or staff of childcaring facilities to attain certificates or degrees in early childhooddevelopment or a related field. Payments under this subsection shall beconditioned upon the recipient of the educational development scholarshipentering into a contract to work for a child caring facility in this state fora period as provided in subsection (d) of this section after receiving thecertificate or degree.
(i) Repealed By Laws 2007, Ch. 156, 3.
(ii) Repealed By Laws 2007, Ch. 156, 3.
(b) A recipient of an educational developmentscholarship pursuant to this section who breaches the contract required bysubsection (a) of this section shall repay that portion of funds provided tothe recipient pursuant to this article that is for educational developmentalexpenses accruing during or after the semester in which the recipient breachedthe contract, together with attorney fees and costs incurred in collection.
(c) The department by rule and regulation shall providecontinuing education grants to child caring facilities to assist the owners orstaff of those facilities to obtain continuing education training in earlychildhood development or related topics. Payments under this subsection shallbe conditioned on the following:
(i) The recipient of the continuing education training providedthrough the grant entering into a contract to work for a child caring facilityin this state for a period as provided in subsection (d) of this section afterreceiving the training; and
(ii) An in-cash cost sharing contribution of at least tenpercent (10%) from the facility employing the staff member at the time ofcontinuing education training.
(d) The department shall set a formula for duration ofcontractual commitments under this section through rule and regulation. Commitment duration shall be based on the value of the educational opportunityand shall be commensurate with the magnitude of the grant.
(e) A recipient of a continuing education grant pursuant tothis section shall repay all funds provided to the recipient pursuant to thegrant, together with attorney fees and costs incurred in collection, if therecipient breaches the contract required by subsection (c) of this section.
14-4-205. Technical assistance and business management assistance;quality support; family strengthening program.
(a) Quality support payments may be made available tofacilities through a competitive process to provide quality care for infants orother children whose care may otherwise be difficult to obtain in thecommunity. Grants shall be awarded as follows:
(i) Repayment shall be required if the facility closes thebusiness within one (1) year after receiving the grant or if the facility failsto comply with any provision of the grant;
(ii) Grant requests for increasing capacity shall only beawarded to existing licensed facilities that are at a quality level of three(3) or higher in the quality rating system;
(iii) Quality support grants shall not be used for capitalconstruction or purchase of land or buildings;
(iv) Grants to any one (1) facility shall not exceed threethousand dollars ($3,000.00) per child.
(b) The department shall provide technical assistance tofacilities on best practices for quality operational improvements and businessmanagement services of child caring facilities.
(c) The department of health shall contract for delivery ofvoluntary family strengthening educational programs to promote familyinvolvement in children's development.
14-4-206. Parental education and public awareness.
(a) The department shall develop and distribute materials to:
(i) Promote knowledge of the quality child care system;
(ii) Promote an understanding of the benefits that accrue tochildren, families and communities from quality child care programs, as basedupon the latest findings in research reports and studies;
(iii) Promote the advantages of parents personally providing carefor their own children whenever possible;
(iv) Promote parent involvement in their child's development andprovide information and activities to parents or caretakers to promote earlychildhood learning and development at home;
(v) Emphasize the importance of parental responsibility and theinvolvement of the family in quality early childhood development; and
(vi) Inform parents about choices available in childcareprograms and how to choose an appropriate child caring facility.
14-4-207. Reporting requirements.
(a) The department of workforce services shall report annuallyto the joint education interim committee, the joint labor, health and socialservices interim committee and the joint appropriations interim committee byOctober 1. The report shall include:
(i) The department's progress in establishing the system underthis article;
(ii) The participating child caring facilities;
(iii) Information that demonstrates the impacts of the servicesprovided by the system on children, families and communities and how thedepartment plans to measure these impacts;
(iv) Public awareness activities;
(v) The collaborative efforts of the departments of education,family services, health, workforce services and others to provide comprehensiveearly childhood development experiences for children while meeting the needs ofWyoming's workforce and economic development;
(vi) System expenditures of public and private funds; and
(vii) Recommendations for changes in the system's operation.