(a) Reasons for the denial, revocation or suspension of certification may include, but are not limited to: - (i) Organization fails to comply with these rules within the specified timeframes agreed upon in the corrective action plan;
- (ii) Organization deliberately furnishes or makes a misleading or false statement or report to a DFS employee;
- (iii) Organization fails to provide, maintain, equip and keep in safe and sanitary condition the premises established or used for child's care, pursuant to these certification standards;
- (iv) Organization is in violation of one (1) or more of these rules such that the children's health, welfare and/or safety is in jeopardy at the facility; or
- (v) Organization has been substantiated on in a child abuse and/or neglect Child Protective Services investigation and has been placed on the Wyoming Central Registry.
(b) The following incidents shall result in notice of denial, revocation or suspension of a certificate whenever they are documented: - (i) Organization knowingly continues to employ a staff member or used the services of a foster parent, part-time or contract employee, or volunteer who has been convicted of a crime against children, including a misdemeanor or whose name appears on the Central Registry;
- (ii) Organization knowingly allows the use of illegal drugs or alcohol in the facility;
- (iii) Organization fails or refuses to submit to DFS any reports or refuses to make available any records required by DFS during the course of an investigation, monitoring, or recertification of the facility; or
- (iv) Organization fails, hinders, or refuses to submit to an investigation or inspection, or to admit authorized representatives of DFS at any time the facility is open for operation for the purpose of investigation, inspection or monitoring.
(c) Documentation that is necessary for the denial, revocation or suspension of certification must include at least one of the following: - (i) Inspection and/or investigation reports;
- (ii) Protective services reports and/or police reports;
- (iii) Arrest and/or conviction records;
- (iv) Mental health, medical or treatment reports; or
- (v) DFS field office files.
(d) Denial or Revocation. - (i) When certification of an organization's program is to be denied or revoked, the governing body must be notified in writing of the action being taken. The certifying authority shall send the notification to the provider's governing body with a copy to the DFS manager in the county where the provider is located, and the Attorney General's representative.
- (ii) The notification shall include the following information:
- (A) The alleged facts warranting the intended action;
- (B) The intended action to be taken and the authority for the action;
- (C) A statement that the action being taken shall be effective thirty (30) days from receipt of the notification unless the provider requests a hearing with the board of review by serving proper notice to the certifying authority within ten (10) days of receipt of the notification;
- (D) The provider has the right to be represented by a lawyer. DFS will not be responsible for any attorney fees charged to the provider; and
- (E) The penalty for uncertified operation, as set forth in W.S. § 14-4-111.
- (iii) The hearing shall be conducted in accordance with Chapter 2 of DFS's Contested Case Hearing rules and the Wyoming Administrative Procedures Act, W.S. §§ 16-3-107 through 16-3-114.
- (iv) A notice of the intent to revoke a license shall be sent to parents of children currently attending the program and the children's caseworkers, if in the custody of DFS. Upon request, the provider shall provide DFS with a complete list of parents and their mailing addresses.
- (v) Notice to parents shall include the following:
- (A) The name of the organization;
- (B) A statement of the action being taken (e.g., revocation of certification);
- (C) The date the action will be effective;
- (D) A statement that an administrative hearing has or has not been requested; and
- (E) The administrative hearing results, if applicable.
(e) Suspension. - (i) During the course of an investigation, if it becomes apparent to the investigator that the life, health or safety, of a child is in imminent danger, then the investigator shall request an Order of Summary Suspension.
- (ii) The decision to issue an Order of Summary Suspension shall be made by the Director of DFS following the review of the investigative information, including the recommendation of the investigator, DFS caseworker, and the certifying authority.
- (iii) The provider shall be served with the Order of Summary Suspension. The support of law enforcement agencies shall be sought in the closure if there is a threat to the safety of involved parties.
- (iv) A copy of the Order of Summary Suspension shall be sent to parents of children currently attending the facility/program, the childrens caseworkers, if in the custody of DFS, the DFS manager of the county where the provider is located, and the Attorney General's representative.
- (v) A revocation notice shall follow the Order of Summary Suspension as soon as possible after the closure to ensure the certification is legally revoked and the provider's legal rights are not violated.
(f) Appeal. The provider 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.
049-2 Wyo. Code R. § 2-10