049-3 Wyo. Code R. § 3-10

Current through April 27, 2019

Section 3-10 - Background Checks

(a) A Wyoming abuse and/or neglect Central Registry check, an abuse and/or neglect Central Registry check from any other state lived in for the past 5 years, and a finger print based national criminal history record check shall be completed for all staff, foster parents, and adoptive parents. In cases where a child abuse and/or neglect registry request was made to another state and a denial of that request has been received, a notarized affidavit from the staff person shall be required, certifying to the best of his/her knowledge, he/she has not appeared upon a child abuse and/or neglect registry in the state of previous residence. These same checks are necessary for adult household members in the case of foster homes, adoptive homes, and facilities that are operated in an individual's home, including any new adult proposing to move into the foster home, adoptive home or facility operated in an individual's home. Background checks for any new adult prosing to move into the foster home, adoptive home or facility operated in an individual's home, shall be completed prior to the adult moving in.

(i) A person whose name appears on the Central Registry as substantiated must not be employed, approved for foster care, adoption or reside in any facility certified under these rules; and

(ii) A person with a criminal history record may not be employed, approved for foster care, adoption or reside in any facility certified under these rules if that person has been convicted or has a pending deferred prosecution of a felony involving:
- (A) Child abuse and/or neglect;
- (B) Spousal abuse;
- (C) A crime against a child or vulnerable adult;
- (D) A crime involving violence, including rape, sexual assault or homicide, but not including other physical assault or battery; or
- (E) One of the following if the conviction occurred within the last five (5) years:
  - (I) Felony physical assault;
  - (II) Felony battery;
  - (III) A felony related drug offense; and/or
  - (IV) Any other crime that causes the facility to be concerned for the safety or well-being of children or others.
- (F) The organization shall determine if rehabilitation has occurred for individuals with criminal convictions outlined in (E) above that occurred more than five (5) years ago. The organization shall document its decision as to rehabilitation for any individuals that are to be employed or will reside in the facility or foster home or adoptive home and provide that information to the certifying authority prior to employing the person or allowing the individual to reside in the facility or foster home or adoptive home.

(b) No staff person including volunteers and interns, foster parent, or adult household member residing in any facility who has been charged with a crime outlined in Section 10(a)(ii)(A) through (E) above and awaiting trial may provide care or be present in the facility pending the outcome of the criminal proceeding.

(c) A copy of background checks must be made available to the certifying authority.

049-3 Wyo. Code R. § 3-10

Amended, Eff. 11/8/2017.