(a) Emergency Information. - (i) Emergency information for children shall be easily accessible at the facility and foster home; and
- (ii) Emergency information for each child shall include:
- (A) Name, address, telephone number and relationship of a designated person to be contacted in case of an emergency;
- (B) Name, address, telephone number and relationship of the child's physician or source of health care;
- (C) Name, address, telephone number of the person able to give consent for emergency medical treatment (excluding surgery); and
- (D) A copy of the child's most recent health examination, when available.
(b) Child Records. - (i) The organization shall develop, adopt, follow and maintain on file written policies and procedures governing the personal records of every child, including compliance with The Health Insurance Portability and Accountability Act (HIPAA), 45 CFR and Substance Abuse Confidentiality, 42 CFR Part 2, and the Family Educational and Privacy Rights Acts, 20 USC § 1232(g) when applicable.
- (ii) The content of records shall include, but not be limited to:
- (A) Personal Data Record;
- (III) Social Security number;
- (VII) Date and time of placement;
- (VIII) Child's immediate needs;
- (IX) Name of referral source;
- (X) Reason for placement;
- (XI) Description of the child's condition as observed by the intake worker. This shall include notation of the child's response to the placement;
- (XII) Names and addresses of parents, brothers and sisters;
- (XIII) Names of others who have a significant relationship with the child;
- (XIV) Child's special needs which shall include, but not be limited to:
- (4) Child and/or familial substance use.
- (B) Emergency information;
- (C) Signed Consent to Treatment forms;
- (D) Intake/Placement record;
- (E) Health and safety documentation;
- (F) Health record, to include dental, vision, hearing;
- (H) ISPC, ITPC; and/or Transition Plan
- (I) Reportable incidents;
- (K) Signed notification of rights and grievance procedures;
- (L) Signed notification of awareness of the rules;
- (O) Required documentation as specified in these rules (e.g., use of emergency safety interventions); and
- (P) Record of family contact/visitation.
- (iii) Confidentiality. A child's record, information concerning a child or birth/adoptive family, and information that may identify a child or family by name or address is confidential and may not be disclosed or used other than in the course of official duties.
- (iv) Locked Records. The organization shall develop, adopt, follow and maintain on file written policies and procedures ensuring that a child's record is inaccessible to all but staff bound by confidentiality rules and the certifying authority. Hard copy records must be locked up in a secure area and electronic records must be protected by a password with automatic back-up to assure protection against loss of information.
(c) Staff Records. - (i) The organization shall make the following information available to the certifying authority:
- (B) Documentation and verification of education and training;
- (C) Verification of work experience;
- (D) TB test and Hepatitis B (if applicable) results;
- (E) Copy of resume or application;
- (F) Employee signature verifying that they have reviewed all policy and procedures for the organization;
- (G) Employee signature verifying the employee understands his/her statutory responsibility for reporting child abuse and/or neglect per W.S. § § 14-3-205 through 14-3-206;
- (H) Documented proof of all training received by staff to include the number of hours, dates, titles of training and name of trainer;
- (I) Documentation in writing, signed by each staff member that to the best of his/her knowledge he/she is not on a child abuse and/or neglect registry in Wyoming or any other state;
- (J) A completed abuse and/or neglect Central Registry check, and evidence of a Division of Criminal Investigation (DCI) and FBI criminal history record check;
- (K) Documentation of the completion of an annual evaluation; and
- (L) For contract staff, a copy of their employment contract.
(d) Certification Records. - (i) The records maintained by DFS concerning the certification/licensing of facilities and organizations are open to the public except for the following, which are confidential and not available for review:
- (A) Information identifying children or their families;
- (B) Scholastic records, health reports, social or psychological reports;
- (C) Personnel records; and
- (D) Reports and records received from other agencies, including police and child protection investigation reports and any other regulatory reports.
- (ii) Anyone wishing to review a record must make a written request to DFS and that information shall only be released in accordance with 45 CFR, HIPAA, 20 USC § 1232(g), Family Educational and Privacy Rights Act, and 42 CFR, Part 2, Substance Abuse Confidentiality, if applicable.
(e) Organization Record Retention. - (i) The organization shall develop, adopt, follow and maintain on file written policies and procedures governing record retention; and
- (ii) Information in the child's, employee's, or foster parents' records shall be kept:
- (A) At least six (6) years (per 45 CFR HIPAA) from date of last official involvement following the child's departure, or
- (B) Until any audit or litigation is resolved.
049-3 Wyo. Code R. § 3-34