049-3 Wyo. Code R. § 3-23

Current through April 27, 2019

Section 3-23 - Child Rights

All organizations shall develop and maintain a child's rights policy that supports and protects the fundamental human, civil, constitutional, and statutory rights of all children. These rights shall include, but are not limited to, the following:

(a) Every child and family shall have the right to be free from abuse, financial or other exploitation, retaliation, humiliation and neglect;

(b) Every child and family shall have equal access to services regardless of race, religion, ethnicity, sexual orientation, disability, socio-economic status or gender;

(c) Every child and family shall have access to services as applicable and as required by the Americans with Disabilities Act, 42 USC § 12101 et seq.;

(d) Every child shall have access to educational services per Wyoming State law, Title 25, Education;

(e) The dignity of every child and family shall be recognized and respected in the delivery of services;

(f) Every child and family shall receive care according to individual need;

(g) To the greatest extent possible, service shall be provided within the most appropriate and least restrictive setting;

(h) Every child and parent or legal guardian shall reserve the right to request a service review;

(i) Every child shall have a right to personal privacy and the organization shall allow privacy for each child when not contrary to treatment and safety of the child; and

(j) The organization shall allow contact (i.e. visits, approved gifts, mail and telephone calls) between the child and his/her family. Contact with the family will observe the following guidelines:

• (i) Contacts between the child and his/her family shall be allowed while the child is in care unless:
  • (A) The rights of the parents have been terminated by court order; or
  • (B) Family contact is not in the child's best interest, as determined by the child's treatment team and legal guardian, legal custodian or prohibited by court order.

• (ii) The frequency of contact shall be based on the needs of the child, determined with the participation of the child's parent and/or legal guardian, and organization and shall be documented.

• (iii) Limits put on communications or visits shall be documented and communicated to child and all staff.

(k) A person may be excluded from visitation with the child if he/she:

• (i) Has a past history of disruptive conduct at the foster home or facility;

• (ii) Appears to be under the influence of alcohol or drugs; and/or

• (iii) Represents reasonable danger to the child, the foster family, or facility.

(l) Children's opinions and recommendations shall be considered in the development of his/her ISPC and/or ITPC and the organization shall develop and implement a policy describing how this shall be accomplished.

(m) There shall be written policy, procedure and practice to ensure and facilitate children's access to the legal system, as well as confidential contact with legal counsel, and spiritual counsel.

(n) Children in substitute care shall not participate as human subjects in research or experimental projects.

(o) The organization shall not place a child in a position of being forced to acknowledge his/her dependency, delinquency, abuse and/or neglect, unless for treatment purposes (e.g., during a therapeutic counseling session) and shall not exploit a child in any way for organization gain (e.g. public statements of gratitude, fund raising).

(p) The organization shall not use reports or pictures from which children can be identified without written consent from the child and the parents and/or legal guardian and DFS if the child is in DFS custody.

(q) Notification of Rights. There shall be documentation in each child's record that he/she is familiar with his/her rights and have a signed a statement to that effect, if age appropriate.

049-3 Wyo. Code R. § 3-23

Amended, Eff. 11/8/2017.