CHAPTER 4

CHILD CARE FACILITIES

  14-4-101.  Definitions.

            (a)  As used in W.S. 14-4-101 through 14-4-115:

                        (i)  "Applicant" means any person making formal application to the certifying authority for certification to operate a child caring agency in the state of Wyoming;

                        (ii)  "Board" means the certification board;

                        (iii)  "Board of review" means the "certification board" sitting as a board of review;

                        (iv)  "Certified agency" means any person certified to do business under the provisions of W.S. 14-4-101 through 14-4-111;

                        (v)  "Certifying authority" means the department of family services operating as the agency which issues certificates, makes inspections, enforces standards and handles all administrative details relating to enforcement of W.S. 14-4-101 through 14-4-111;

                        (vi)  "Child caring facility" means any person who operates a business to keep or care for any minor at the request of the parents, legal guardians or an agency which is responsible for the child and includes any of the following privately operated facilities:

                                    (A)  Children's institutions;

                                    (B)  Child placing agencies whether for permanent or temporary placement;

                                    (C)  Foster homes not supervised by the state, any local government, 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 or otherwise;

                                    (K)  Day or hourly nurseries, nursery schools, kindergartens or any other preschool establishment not accredited by the state board of education;

                                    (M)  Boarding homes not supervised by the state, any local government, school district or agency or political subdivision thereof;

                                    (N)  Boards of cooperative educational services established under W.S. 21-20-104 and providing services to children with disabilities of any school district; and

                                    (O)  Except as provided under subparagraph (a)(vi)(N) of this section, any other person not legally related to a minor, having legal or physical care, custody or control of the child, receiving payment therefor and not supervised by the state, any local government, school district or agency or political 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 in subsection (b) of this section, are required to be certified by the certifying authority 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 the caretaking person does not regularly engage in this activity;

                        (iii)  Parents exchanging child care on a mutually cooperative basis;

                        (iv)  Child care by a person employed to come to the home of the child'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 homeless, delinquent or retarded children; and

                        (viii)  Summer camps operated by nonprofit organizations;

                        (ix)  Day-care facilities providing care to the children of only one (1) immediate family unit.

  14-4-103.  Certification board; establishment; composition; appointment of lay members; duties.

            (a)  A certification board of not more than fifteen (15) members reflecting statewide representation is established and shall be composed of:

                        (i)  One (1) representative from the department of family services;

                        (ii)  One (1) representative from the state department of education;

                        (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 and operators of child caring facilities or parents;

                        (vi)  Not more than four (4) additional lay members with an interest in child care;

                        (vii)  One (1) representative from the state department of agriculture or other state or local agency which may be responsible for sanitation inspections of child care facilities; and

                        (viii)  One representative from the state department of health.

            (b)  The lay members shall be appointed by the governor for terms 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 gubernatorial appointment.

            (c)  The board shall:

                        (i)  Designate investigators to investigate any child caring facility 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 to child care programs and child care facility licensing.

            (d)  When the board is acting as a board of review pursuant to paragraph (c)(ii) of this section, the chairman of the board may designate, on a 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 on behalf of the board.

  14-4-104.  Certification; application; standards; notification to certify or refuse; term.

            (a)  Application for certification of a child caring facility within W.S. 14-4-101 through 14-4-111 shall be made to the certifying authority.

            (b)  A certificate shall be issued upon compliance with the following standards:

                        (i)  Good moral character of the applicant, his employees and any other person having direct contact with a child under the care, custody or control of the applicant;

                        (ii)  Practical experience, education or training of the applicant 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 its decision 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 the certificate shall be determined pursuant to rules and regulations of the department, subject to an annual continuation fee.

            (e)  The department is authorized to establish pursuant to rules and regulations full and provisional certificate fees and fees for continuation of a full certificate.  Fees for continuation of a full certificate shall be due on the anniversary date of the original certificate.  Fees collected by the department under this section shall be deposited in the general fund to offset the cost of administration of the board.  For the balance of the biennium that began July 1, 1998, the governor may add the fees collected under this section to the department's budget through the B-11 process.

  14-4-105.  Provisional certificate.

The certifying authority may issue a provisional certificate if a substandard child caring agency is attempting to meet the standards or to comply with the rules and regulations pursuant to W.S. 14-4-101 through 14-4-111. A provisional certificate is effective for a period of not more than six (6) months and is nonrenewable.

  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 reasonable times inspect, investigate and examine all certified agencies and applicants for certification.

            (b)  Any certified agency or applicant for certification shall give right of entrance and inspection of the facility to inspectors authorized by the certifying board. Any certified agency or applicant who denies admission to any authorized inspector shall have the certificate revoked or application denied.

  14-4-108.  Suspension, revocation or nonrenewal of certificate; grounds; approval.

            (a)  Any certificate made or issued pursuant to W.S. 14-4-101 through 14-4-111 may be suspended, nonrenewed or revoked by the certifying authority upon proof of violation of any provision within W.S. 14-4-101 through 14-4-111.

            (b)  Thirty (30) days prior to initiating suspension, revocation or nonrenewal of any certificate made or issued pursuant to W.S. 14-4-101 through 14-4-111, the certifying authority shall give written notice to the certified agency of the alleged facts warranting the intended action and provide the certified agency an opportunity to request a hearing with the board of review within ten (10) days of the receipt of notice.  The hearing shall be conducted in accordance with the Wyoming Administrative Procedure Act.

            (c)  Notwithstanding subsection (b) of this section, if the certifying authority finds the life, health or safety of a child is in imminent danger, the certifying authority may immediately temporarily suspend certification of the agency pending hearing.

            (d)  The certified agency may appeal to the district court for review of any adverse decision of the board of review as provided by the Wyoming Administrative Procedure Act.

  14-4-109.  Denial of certification; notice and hearing; appeal.

            (a)  Upon receiving a notice of denial of certification, any applicant may request a hearing with the board of review by serving proper notice to the certifying authority. The hearing shall be conducted in accordance with the Wyoming Administrative Procedure Act.

            (b)  Any applicant may appeal to the district court for review of the decision of the board of review as provided by the Wyoming Administrative Procedure Act.

  14-4-110.  Enjoining operations in violation.

Any person may be enjoined from operating a child caring facility for violating any provision within W.S. 14-4-101 through 14-4-111.

  14-4-111.  Penalty for uncertified operation.

Any child caring facility operating without certification under W.S. 14-4-101 through 14-4-111 is guilty of a misdemeanor and shall be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00) for each offense. Each day of operation without certification is a separate offense.

  14-4-112.  Contracts by department of family services.

The department of family services is authorized to contract with any lawful authority of any child caring facility for the care and custody of Wyoming children which have been placed therein by court order under the Juvenile Court Act or otherwise. The department shall select those child caring facilities requiring 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 a court under the Juvenile Court Act [§§ 14-6-201 to 14-6-252] or otherwise and the child caring facility cannot exercise proper control over the child, the child caring facility may report the facts to the court with jurisdiction for a reconsideration or rehearing on the order. If the facts warrant, the child shall then be committed to the industrial institute [Wyoming boys' school], the Wyoming girls school, or such other privately or publicly operated facility as the court deems appropriate.

            (b)  If a child caring facility refuses to receive a child under court order, then the court of competent jurisdiction shall provide for placement under other provisions of law.

  14-4-114.  State payment to facility.

No payment shall be made by the state to any child caring facility receiving a child under court order.

  14-4-115.  Authority of counties and municipalities to have detention homes.

The board of county commissioners of any county or the governing body of any municipal corporation may acquire and maintain a detention home for care of delinquent minors, provided the detention home is not used for any other purpose.

  14-4-116.  Mandatory immunizations for children attending child caring facilities.

            (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 or transferring into a child caring facility are required to be completely immunized in a similar manner to W.S. 21-4-309.

            (c)  The operator of the child caring facility shall be responsible for an audit of the immunization status of any child attending the child caring facility in a similar manner to W.S. 21-4-309.

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