Chapter 5 - Training School
CHAPTER 5 - TRAINING SCHOOL
25-5-101. Short title.
Thisact may be cited as the "Life Resource Center Act".
25-5-102. Definitions.
(a) Repealed By Laws 2008, Ch. 70, 2, Ch. 85, 2.
(b) As used in this act:
(i) "Acquired brain injury" means any combination offocal and diffuse central nervous system dysfunction, at the brain stem leveland above, acquired after birth through the interaction of any external forcesand the body, oxygen deprivation, infection, toxicity, surgery or vasculardisorders not associated with aging;
(ii) "Active treatment" means a program which includesaggressive, consistent implementation of a program of specialized and generictraining, treatment, health services and related services that is directedtoward:
(A) The acquisition of the behaviors necessary for the clientto function with as much self determination and independence as possible; and
(B) The prevention or deceleration of regression or loss ofcurrent optimal functional status.
(iii) "Adaptive behavior" means the collection ofconceptual, social and practical skills that have been learned by people inorder to function in their everyday lives;
(iv) "Administrator" means the administrator of thedivision;
(v) "Assistive technology device" and "assistivetechnology service" mean as defined in 42 U.S.C. 15002;
(vi) "Center" means the Wyoming life resource centerat Lander, Wyoming;
(vii) "Child" means any person under the age ofeighteen (18);
(viii) "Client" means a person who has a disability andhas been determined eligible, pursuant to department rules and regulation, andis receiving services from one (1) of the center's programs;
(ix) "Client services" means diagnosis, education,training and care of persons who have been admitted to the center;
(x) "Conservator" means as defined in W.S.3-1-101(a)(iii);
(xi) "Department" means the state department ofhealth;
(xii) "Director" means the director of the departmentof health;
(xiii) "Disability" means a developmental disability asdefined in 42 U.S.C. 15002 or a disability resulting from an acquired braininjury;
(xiv) "Division" means the developmental disabilitiesdivision of the department of health;
(xv) "Guardian" means as defined in W.S.3-1-101(a)(v);
(xvi) "Guardian ad litem" means as defined in W.S.3-1-101(a)(vi);
(xvii) "Incompetent person" means adjudicated as meetingthe definition in W.S. 3-1-101(a)(ix);
(xviii) "Individual program plan" means a writtenstatement of long-term and short-term goals and strategies for providingspecially designed services to meet each client's individual educational,physical, emotional and training needs;
(xix) "Informed choice" means making a decision basedon adequate information. As appropriate, such information may includeconsideration regarding providers, methods, costs, duration, accessibility,customer satisfaction, probabilities, sources and consequences;
(xx) "Intellectual disability" means significantlysubaverage general intellectual functioning with concurrent deficits inadaptive behavior manifested during the developmental period. "Intellectually disabled" means a person with an intellectual disability;
(xxi) "Interdisciplinary team" means a group thatrepresents the person, the person's family or guardian, or the professions,disciplines or service areas that are relevant to identifying the client'sneeds, as described in the comprehensive functional assessments and programdesign. The department shall provide by rule and regulation for the compositionof interdisciplinary teams;
(xxii) "Intermediate care facility for people withintellectual disability" means an intermediate care facility for thementally retarded or intermediate care facility for people with mentalretardation (ICFMR or ICF/MR), as those phrases are used in applicable federalstatutes, rules and regulations;
(xxiii) "Least restrictive environment" means theprogram, service and location which least inhibits a person's freedom ofmovement, informed decision making and participation in community life whileachieving the purposes of habilitation and treatment which best meet the needsof the person. The determination of least restrictive environment shall beindividualized, based on a person's need for medical, therapeutic,rehabilitative and developmental services and as a result of informed choice ofthe person or, if the person is a minor or a ward, his parent or guardian;
(xxiv) "Most appropriate" means an individualizeddetermination of a person's need for medical, therapeutic, rehabilitative anddevelopmental services, based upon professional assessment and the informedchoice of the person or, if the person is a minor or ward, his parent orguardian;
(xxv) "Most integrated" means the setting that enablesa person with a disability to have access to the same opportunities as a personwithout a disability to the fullest extent possible, including opportunities tolive, learn, work, recreate and participate in family and communityactivities. Determinations of most integrated shall be individualized andbased upon professional assessment and the informed choice of the person or, ifthe person is a minor or ward, his parent or guardian;
(xxvi) "Program manager" means the on-site supervisorand manager of the center;
(xxvii) "Screening team" means a group of appropriateprofessionals, appointed by the director pursuant to rules and regulations ofthe department, and assigned by the administrator to perform preliminarytesting and assessment of persons for purposes of determining eligibility forservices at the center;
(xxviii) "Ward" means as defined in W.S. 3-1-101(a)(xv);
(xxix) "This act" means W.S. 25-5-101 through 25-5-135.
25-5-103. Wyoming life resource center established; purpose.
(a) Except as otherwise authorized by rules and regulationspromulgated in accordance with W.S. 9-2-106(d), the Wyoming life resourcecenter is established to provide the following residential, active treatmentand medical and therapy services to individuals with a disability:
(i) Intermediate care facilities for people with intellectualdisability in accordance with federal Medicare and Medicaid regulations;
(ii) Services to persons with acquired brain injuries;
(iii) Disability, therapeutic and assistive technology servicesfor persons with a disability;
(iv) Training for state employees, other service providers andcaregivers on disability, medical, developmental and therapy services;
(v) Care provided under authority of the director pursuant toW.S. 9-2-106(d).
25-5-104. Administration and management of center.
Theadministration and management of the center is vested in the department.
25-5-105. Rules and regulations; reports.
(a) The department shall adopt rules and regulations which arein compliance with federal regulations for intermediate care facilities forpersons with intellectual disability, and which:
(i) Establish standards for admission for residential servicesand discharge of clients receiving services in all programs administered by thecenter;
(ii) Establish standards for client services;
(iii) Provide for the administration of the center under themanagement of the division;
(iv) Prescribe professional standards for personnel employed atthe center;
(v) Implement this act;
(vi) Establish data reporting processes and report monthly tothe director the number of persons served by the center, identified by servicecategory, and the services provided to those persons.
(b) By October 1 of each year, the director shall report to thejoint labor, health and social services interim committee and the jointappropriations interim committee regarding the number of clients served by thecenter, the reason for provision of services to each client at the centerrather than in a community program, the staff to client ratio and the totalstate and federal cost of all services provided to clients, including thecurrent Medicaid reimbursement rate for intermediate care facilities for peoplewith intellectual disabilities.
25-5-106. Donations for benefit of center; control and dispositionthereof.
Money,personal property or real estate donated for the benefit of the center shall beheld, controlled and distributed by the department according to the conditionsof the donation. If there are no conditions of the donation, it shall bedisposed of as provided in W.S. 25-5-107.
25-5-107. Disposition of monies received from sale of products or as compensation.
Exceptas provided by W.S. 25-5-106, all monies received by the department for theclients in the center from the sale of products produced or grown by the centeror as compensation from any source shall be deposited in the state treasury andcredited to the general fund.
25-5-108. Appointment of program manager; duties; removal.
(a) The director shall appoint a program manager of the center.
(b) The program manager shall administer the center as directedby the administrator.
(c) The director may remove the program manager in hisdiscretion.
25-5-109. Inability or refusal to pay for services.
(a) Repealed by Laws 1989, ch. 50, 4.
(b) Repealed by Laws 1989, ch. 50, 4.
(c) No person shall be denied admission to or services by thecenter because of the inability of the person, his parent or guardian to paythe cost of the services received.
(d) Clients of the center who are not eligible under theWyoming Medical Assistance and Services Act shall be responsible for the costof services and treatment as provided in title 25, chapter 11, article 1.However, no person who was a client of the center as of June 30, 2008 shall bedenied admission to or services by the center because of the refusal of theclient's parent or guardian to pay the cost of the services received.
25-5-110. Special education for minors and costs thereof.
(a) Repealed by Laws 1986, ch. 25, 3.
(b) Repealed by Laws 1986, ch. 25, 3.
(c) Clients who are between the ages of five (5) and twenty-one(21) years of age shall be provided special education and related servicesthrough the clients' resident school districts. This subsection does notrelieve an insurer or similar third party from an otherwise valid obligation topay for services provided to the client.
(d) Repealed by Laws 1986, ch. 25, 3.
(e) Repealed by Laws 1986, ch. 25, 3.
25-5-111. Repealed by Laws 1986, ch. 25, 3.
25-5-112. Repealed by Laws 1986, ch. 25, 3.
25-5-113. Repealed by Laws 1986, ch. 25, 3.
25-5-114. Eligibility for admission; appropriateness of services.
(a) Except as otherwise authorized by rules and regulationspromulgated in accordance with W.S. 9-2-106(d), a person shall not be admittedto the center if his preadmission evaluation and screening indicate that hewould be more appropriately served by the Wyoming state hospital, a communityprogram or a public school program.
(b) Repealed By Laws 2008, Ch. 85, 2.
25-5-115. Preadmission screening for residential services; preparationand supervision thereof; disposition of findings.
(a) Admission to the center shall be upon written applicationto the division pursuant to W.S. 25-5-117(b) and shall be based upon thepreadmission screening and assessment:
(i) The preadmission screening and assessment shall be made bya screening team under the supervision of the administrator or his designee,using appropriate professionals and screening and assessment methods asprovided in department rules and regulations;
(ii) The preadmission screening and assessment shall becompleted not more than thirty (30) days after an application for admission;
(iii) No person shall be admitted unless an interdisciplinaryteam has determined that the center offers the recommended and most appropriateservices in a least restrictive and most integrated environment consistent withinformed choice;
(iv) As part of the application process, division staff shallprovide prospective clients and their families or guardians information aboutcenter services and similar services available in the client's community orelsewhere in the state.
(b) Within ten (10) days of completion of the preadmissionscreening and assessment, the findings shall be given to the applicant. Ifordered by the court, the preadmission screening and assessment shall also befiled with the court.
25-5-116. Individual program plan; preparation and supervisionthereof; review.
Eachclient admitted to the center shall have on file at the center an individualprogram plan. The individual program plans shall be prepared by aninterdisciplinary team within thirty (30) days of admission for residentialservices under the supervision of the program manager. The plan shall bereviewed by the interdisciplinary team for appropriateness and feasibility ofdischarge or transition to another level of service thirty (30) days afterimplementation of the plan, at the end of each quarter for the first year andannually thereafter.
25-5-117. Admission for residential services; application and contentsthereof; written copy of rights; appeal of denied admissions.
(a) A person determined by the preadmission screening andassessment to be eligible for admission to the center for residential servicesmay be admitted as a client under one (1) of the following procedures:
(i) An adult who has sufficient insight or capacity to makeresponsible application for admission for residential services may be admittedon his own application;
(ii) A minor or ward may be admitted upon application of hisparent or guardian.
(b) Repealed By Laws 2008, Ch. 85, 2.
(c) At the time of admission for residential services, theprogram manager shall give a written copy of the rights provided in W.S.25-5-132 to the client, his parent or guardian.
(d) A person who is denied admission may appeal the decision tothe department, in writing.
25-5-118. Release of voluntary client upon request; exceptions.
(a) A voluntary client may be discharged by the administratorat any time within twenty (20) days of receipt of a written request for therelease by the client, his parent or guardian, and the administrator shallarrange for appropriate transition services, except:
(i) If the client was admitted on his own application and therequest for discharge is made by a person other than the client, release shallbe conditioned upon the client's consent;
(ii) If the client is a minor or ward, his discharge shall beconditioned upon the consent of his parent or guardian;
(iii) If the administrator has probable cause to believe releaseof the client will endanger the life, health or safety of the client or othersand he incorporates a written statement of the facts supporting his belief inthe client's file, he may apply for involuntary admission pursuant to W.S.25-5-119. The administrator, as a mandatory reporter, shall contact adultprotective services for appropriate proceedings.
25-5-119. Involuntary admissions; application to district court;representation of proposed client; preadmission screening; notice; hearing; independentscreening; admissibility.
(a) A person may be an involuntary client of the center ifadmitted pursuant to this section. Application for involuntary admission may bemade by a parent, a guardian, the administrator or a social service agency. Theapplication shall be filed with the district court in the county where theproposed client, his parent or his guardian resides.
(b) When an application for involuntary admission is filed, thecourt shall appoint an attorney to represent the proposed client unless heretains counsel of his own choice. An attorney shall represent the proposedclient at all hearings. The county shall compensate an appointed attorney in anamount fixed by the court as a reasonable fee.
(c) The court shall order the center to conduct a preadmissionscreening and assessment of the proposed client. Notice of the order shall beserved on the proposed client, his attorney and his parent or guardian. Theorder and the application for admission shall be served on the center and thedepartment. If the preadmission screening and assessment report finds thecenter would be an appropriate placement, the court shall order a hearing. Theproposed client shall have a right to seek an independent screening andassessment of his eligibility for admission at the state's expense. Thescreening and assessment shall be admissible as evidence at the hearing asprovided by W.S. 25-5-121(d).
25-5-120. Court order setting hearing on involuntary application;service of notice; waiver.
(a) The court shall fix a date for hearing on the application.
(b) The order setting the hearing shall contain:
(i) The date, time and place of the hearing;
(ii) The name and address of the applicant, the proposedclient's parent or guardian, and the attorney retained by the proposed clientor appointed by the court;
(iii) The grounds alleged for the commitment of the proposedclient;
(iv) The consequences of a finding that a person shall beadmitted to the center for client services.
(c) The court shall direct the clerk of the district court togive notice to each person named in the order:
(i) By delivering a copy of the notice to the person beingnotified personally, not less than fourteen (14) days before the time set forhearing unless time is shortened by the court for good cause shown; or
(ii) By mailing a copy of the notice to the address of eachperson given in the application by certified mail, return receipt requested,not less than fourteen (14) days before the time set for hearing, unless thetime is shortened by the court for good cause shown.
(d) The court may order that notice be given to other persons.Notice may be waived in writing by any party except the proposed client'sattorney.
25-5-121. Rights of proposed client and notified persons;confidentiality of hearing; admissibility of screening reports; findings bycourt or jury; amendment of admission order.
(a) The proposed client has the right to appear, to be heardand to participate in every stage of the hearing unless the court finds that itwould not be in the best interests of the proposed client. The court shall notexclude the proposed client from the hearing unless the application isaccompanied by a written statement from a licensed physician and a court designatedexaminer, appointed at the time of the application, who is in no other mannerinvolved in the proceedings, that attendance at the hearing would injure theproposed client's health and well-being and describing his medical condition.
(b) The proposed client is entitled, upon request, to a jurytrial on the issue of his admission. The jury shall be selected pursuant toW.S. 1-11-101 through 1-11-129.
(c) The court shall exclude all persons not having an interestin the application. Unless the court orders an open hearing or the proposedclient requests a jury trial, the hearing is confidential and shall be held inclosed court.
(d) Any person to whom notice is required to be given by W.S.25-5-120 may testify and may present and cross-examine witnesses. The court mayreceive the testimony of other persons in its discretion. The screening andassessment report required by W.S. 25-5-115, and any independent screening andassessment made under W.S. 25-5-119, may be admitted as evidence and shall not beexcluded on the ground of hearsay alone.
(e) If the court or jury finds that specific care, treatmentand service alternatives are available which are more appropriate than thecenter for the proposed client, the application shall be denied. If the courtor jury finds by clear and convincing evidence that admission to the centerwould provide the most appropriate services for the proposed client, the courtshall order the admission. In case of a nonjury hearing, the court shall enterfindings of fact with the order of admission.
(f) The proposed client or if a minor or ward, his parents orguardian or the center may petition the court to amend its order of admissionon the grounds that appropriate and necessary services to the proposed clientare available in a less restrictive environment than the center. The court mayamend its order after notice and hearing pursuant to this act.
25-5-122. Appeals to supreme court; rules governing.
Anyperson aggrieved by any order entered under this act may appeal to the Wyomingsupreme court. The appeal shall conform with the rules of civil procedure.
25-5-123. Repealed By Laws 2008, Ch. 85, 2.
25-5-124. Discharge of clients by administrator or by court; appealsto department.
(a) An interdisciplinary team may recommend to theadministrator discharge of a client with an appropriate transition plan fromthe center when placement at home, with another service provider or anotherprogram is appropriate for the client's needs and abilities. The transition planshall identify any recommended discharge conditions in the client's bestinterest, including type of residence facility, supervision and any continuingmedical, therapeutic, rehabilitative or developmental services. Based on therecommendations of the team, and with the consent of the client, or his parentor guardian if he is a minor or ward, the administrator shall place the clientin the alternative setting. The administrator shall discharge the client whenthe client has been appropriately placed in an alternative program. If theclient was admitted under a court order, the administrator shall petition thecourt, pursuant to W.S. 25-5-121(f).
(b) If the client, or his parent or guardian if he is a minoror incompetent, disagrees with the decision of the administrator and theinterdisciplinary team, the client, parent or guardian may appeal the decisionto the director in writing. The department shall provide the client, parent orguardian with a decision in writing within thirty (30) days.
25-5-125. Transfer of clients for temporary care and treatment;consent; costs to be paid by center; third-party obligations not limited.
Ifthe program manager determines it is appropriate for the welfare of a client,the client may be placed for temporary care and treatment in any public orprivate hospital, institution or residence in the state which provides serviceswhich will benefit the client. The transfer shall not be made without theconsent of the client and his parents or guardian, or in the case of aninvoluntary client, without leave of the court, except in cases of medicalemergency. During and after the transfer, the client remains a client of thecenter. The cost of the transfer and of the temporary treatment, care andtraining provided shall be borne by the center. This section does not limit theresponsibility of third parties to pay for medical and other expenses incurredby contract or law.
25-5-126. Contracts with other states for interstate transfer ofclients; payment of expenses therefor.
(a) The department may enter into contracts with other statesto provide for:
(i) The admission to facilities, schools or hospitals in otherstates of persons admitted to or entitled to admission for residential servicesin the center, when it can be shown that admission to a facility in anotherstate is in the best interests of the person and the state of Wyoming;
(ii) The admission to the center of residents of other stateswhen it can be shown that admission to the center for residential services isin the best interests of the person and the state of Wyoming, and that theperson's need for services has been determined in accordance with this act.
(b) The expense of transferring persons from the center toother states shall be paid by the center. The expense of transferring personsfrom other states to the center shall be paid by the state making the transferto the center.
25-5-127. Repealed By Laws 2008, Ch. 85, 2.
25-5-128. Repealed By Laws 2008, Ch. 85, 2.
25-5-129. Admittance for temporary services; excepted provisions;limited duration.
Theadministrator may admit individuals for services temporarily pursuant to rulespromulgated under W.S. 25-5-105(a) if the administrator determines a lessrestrictive environment is appropriate but unavailable. A client admitted for services temporarily is not subject to W.S. 25-5-114, 25-5-115 and 25-5-121(e).No individual shall be admitted temporarily for services for more thanseventy-five (75) days.
25-5-130. Consent and notice required before major surgery;exceptions.
(a) Except as provided in subsection (b) of this section, noclient shall undergo major surgery until the superintendent:
(i) Obtains the prior consent of the client, or if his consentcannot be given knowingly, he shall obtain the prior consent of the resident'sparent or guardian; and
(ii) Notifies the parent or guardian of the nature, date andplace of the surgery and the name of the surgeon. A copy of the notice shall beplaced in the patient's records.
(b) Prior consent need not be obtained nor prior notice givenwhen the parent or guardian cannot be located or when an emergency requiresimmediate surgery to prevent serious consequences or death. The parent orguardian shall be notified as soon as possible after emergency surgery.
25-5-131. Confidentiality of records; exceptions; penalties forviolations.
(a) All records of clients, former clients and proposed clientsof the center are confidential except as provided by subsection (b) of thissection, when disclosure is required by state or federal law or when disclosureis necessary to prevent imminent risk of harm to the person who is the subjectof the records or others.
(b) The administrator may provide access to the records of aclient, former client or proposed client by:
(i) The person who is the subject of the records or hisguardian, guardian ad litem or attorney;
(ii) The physician or surgeon for the person who is the subjectof the records;
(iii) A person authorized by the person who is the subject of therecords, or by his parent or guardian if he is a minor or ward, to evaluate theperson's eligibility for admission to the center for residential services or todetermine whether his residence is the most appropriate and therapeuticenvironment for the person;
(iv) A court, upon a showing that access to the records isnecessary for the determination of an issue before it. Access under thisparagraph is limited to an in camera inspection unless the court finds publicdisclosure is necessary;
(v) Qualified employees of the department and the center andprofessional persons while in the performance of their official duties;
(vi) A person as required by law, including the Wyoming HospitalRecords and Information Act, the Health Insurance Portability andAccountability Act and the Medicaid program.
(c) Repealed By Laws 2008, Ch. 85, 2.
25-5-132. No determination of incompetency; notification of rights;deniable rights and conditions therefor; undeniable rights.
(a) The determination that a person is eligible for admissionto the center is not a determination or adjudication that the person isincompetent.
(b) Upon admission to the center for residential services, aclient shall be informed orally and in writing of his rights under thissection. If the client is a minor, or ward, his parents, guardian or guardianad litem shall be informed orally and in writing of his rights under thissection.
(c) The following rights of a client may be denied or limitedonly as a part of his individual program plan for purposes of safety andhealth. The client or if the client is a minor or ward, his parents, guardianor guardian ad litem shall be informed in writing and orally of the grounds forthe denial or limitation. The grounds for denial or limitation shall be enteredin the individual program plan:
(i) The right to send and receive unopened mail;
(ii) The right to choose and wear his own clothing;
(iii) The right to keep and use his own personal possessionsincluding his toilet articles;
(iv) The right to keep and spend his own money;
(v) The right to be free from physical restraints and chemicalrestraints that substitute for active treatment or behavior modificationprograms, except in emergency situations as necessary to protect the client orothers;
(vi) The right to privacy in matters such as toileting andbathing;
(vii) The right to make and receive telephone calls;
(viii) The right to receive visitors daily;
(ix) The right to an appropriate personal space that providesprivacy and personal safety;
(x) The right to be free from abuse;
(xi) The right to vote;
(xii) The right to choose where and with whom to live;
(xiii) The right to present grievances and complaints or torequest changes in policies and services without restraint, interference,coercion, discrimination or reprisal;
(xiv) The right to participate or refuse to participate inreligious worship;
(xv) The right to the least restrictive environment.
(d) A client may not be denied the following rights unless thedenial is authorized by a court, the client or, if the client is a minor orward, his parent or guardian:
(i) The right to be free from unnecessary or excessivemedication;
(ii) The right to refuse to be subjected to experimental medicalor psychological research without the express and informed consent of theclient or his parent or guardian if he is a minor or ward. The client or hisparent or guardian may consult with independent medical or psychologicalspecialists and his attorney before consenting or refusing;
(iii) The right to refuse to be subjected to drastic treatmentprocedures without the express and informed consent of the client and hisparent or guardian if he is a minor or ward.
(iv) Repealed By Laws 2008, Ch. 85, 2.
(v) Repealed By Laws 2008, Ch. 85, 2.
25-5-133. Restraint; conditions for use; strict administration ofmedication; prohibited uses.
(a) Isolation or seclusion procedures in which a person isplaced alone in a locked room or in an area from which the person is physicallyprevented from leaving are prohibited. Restraint of a client shall be usedonly when less restrictive measures are ineffective for the welfare of theclient or others and only when necessary to ensure the immediate physicalsafety of the client or others. Restraint shall be used in a manner whichensures that the dignity and safety of the person restrained are protected andshall be regularly monitored by trained staff. The reason for restrictivemeasures shall be reported in the client's records and shall be reviewed by theinterdisciplinary team and program manager. In addition, the client'sindividual program plan shall address active treatment or less restrictivemeasures to manage or eliminate the behaviors for which restraint was used.
(b) Medication shall be administered to a client only pursuantto the order of a medical professional acting within the scope of his license.A record of the medication, the dosage administered, the date and the person administeringthe medication to each client shall be kept in each client's treatment record.Medication shall not be used as punishment, for the convenience of staff or inquantities that interfere with a client's treatment program.
25-5-134. Employment of clients within institution; wages; duties;discharge for cause.
Clientswho are employed within the center shall be paid a reasonable wage based uponcommensurate wages under special certificate as authorized by the federal FairLabor Standards Act at 21 U.S.C. 214(c). The program manager shall prescribefor each position a written job description with wages, benefits and job dutiesclearly defined. The employment relationship pursuant to this section shall beat will.
25-5-135. Medications aides.
Any person trained and qualified as a medication aide mayadminister medications in basic client care situations at the center. Thecenter shall develop curricula, certification criteria and protocols concerningadministration of medications and use of medication aides. Every medicationaide shall perform the duties authorized under this section under thedirection of a person licensed by the laws of this state to administermedications. The direction of medication aides shall not constitute an unlawfuldelegation of professional duties by the licensed nurse or other professionallicensed to administer medications.