048-1 Wyo. Code R. § 1-1
The Wyoming Constitution, Article 7, Section 20 establishes the paternalistic standard for the State of Wyoming to protect and promote the health and morals of the people of Wyoming:
"As the health and the morality of the people are essential to their well-being, and to the peace and permanence of the state, it shall be the duty of the legislature to protect and promote these vital interests by such measures for the encouragement of temperance and virtue, and such restrictions upon vice and immorality of every sort, as are deemed necessary to the public welfare."
Compliance with that constitutional mandate has taken various forms. Of recent interest, however, the social services for the State were under the jurisdiction of the board and Department of Health, the board and Department of Welfare, and the board and Division of Vocational Rehabilitation of the Department of Education.
Those boards and departments were abolished effective July 1, 1969, and their powers, duties, and regulatory authority were transferred to the then newly created Department of Health and Social Services.
In 1979, four divisions were created within the Department, one of which is the Division of Community Programs. That Division became the state mental health authority, the developmental disabilities authority, and the substance abuse authority. In 1982, the Division was expanded to be the authority for family violence and sexual assault. In 1983, the Division was expanded to include community services for youth.
The Legislature gave certain duties to the Division of Behavioral Health, among which are:
W.S. 9-2-102(a)(iii) Establish minimum standards and approve policies and procedures for the establishment and operation of community based mental health, substance abuse, and developmental disabilities programs receiving state support;
(iv) Establish minimum standards for all mental health, substance abuse, developmental disabilities, family violence and sexual assault services supported by state funds;
The 1979 "Community Mental Health Services Act" expanded the role of the Division of Behavioral Health. The Legislature authorized the Division to contract for human services programs defined as "community facilities and services for the prevention and amelioration of mental illness, substance abuse, or developmental disabilities." [W.S. W.S. W.S. 35-1-620(a)(i); and 35-1613(a)(iv)]. The Department was mandated to establish standards to effectuate the act and to:
(v) Review and evaluate all programs authorized or funded under this act;
(vi) Select the most appropriate service provider's within each region in order to achieve the most effective and efficient human services system;
(vii) Prescribe procedures to ensure confidentiality of patient records; and
(viii) Prescribe conditions of eligibility for funding under this act so that no person shall be denied services on the basis of race, creed, color, national origin, or inability to pay.
048-1 Wyo. Code R. § 1-1