(a) Before the provider, director, their staff, household member, substitute or volunteer assume responsibility for the direct care of children, work in the facility or move into the Family Child Care Home or Family Child Care Center, the following shall be on file: - (i) Current TB test results and risk assessment in accordance with Wyoming Department of Health recommendation;
- (ii) Start date or date moved into home;
- (iii) A child abuse/neglect Central Registry check which does not reveal any disqualifying information.
- (iv) A full fingerprint based national criminal history record background check. Staff, household members, substitutes, and volunteers may not be employed or present in the facility if the background check indicates they have been convicted or have a pending deferred prosecution of a felony or misdemeanor or a substantiation involving:
- (A) Felony:
- (I) Abuse, neglect, abandonment, exploitation or endangering children or vulnerable adults;
- (II) A sexual offense against a person or child;
- (III) Allowing the commission of a sexual offense against a child;
- (IV) Violence, including rape, sexual assault, physical assault, kidnapping, battery or homicide;
- (V) A crime against a child or vulnerable adult;
- (B) Misdemeanor:
- (I) Violent misdemeanor committed as an adult against a child; or
- (II) Violent misdemeanor including battery, physical assault, or domestic violence within the last five (5) years.
- (C) Any other crime that causes the facility to be concerned for the safety or well-being of children or others.
- (D) Prospective employees, disqualified staff, or household members may request a review of the accuracy and completeness of the criminal history to the Department within 10 days of the receipt of the disqualification notice, except when the provider or director is submitting an initial application.
- (I) Verification of an accurate and complete criminal history shall be submitted in conjunction with the request for a review.
- (II) The Department shall review evidence of the inaccuracy or incompleteness of the record and render a decision within 20 days of the receipt of the review request and verification.
- (III) The prospective employee, disqualified staff, or household members shall not be afforded the right to a Contested Case Hearing.
- (E) Prospective employees, disqualified staff, or household members with a felony drug conviction or a conviction of misdemeanor physical assault, battery, or domestic violence within the last five (5) years, may request a review, within 10 days of the receipt of the disqualification notice, of whether the individual has been rehabilitated.
- (I) Evidence of rehabilitation shall be submitted with the request for review.
- (II) The Department shall determine if rehabilitation has occurred and provide notice to the provider or director.
- (III) The prospective employee, disqualified staff, or household members shall not be afforded the right to an Contested Case Hearing.
(c) All persons who provide direct care to children and are used in staff:child ratios 24 hours or more in one (1) month shall meet the same training requirements as the provider. See Section 9 of this Chapter.
(d) The provider or director is responsible for the actions of any staff, household member, volunteer, substitute or youth trainee who has contact with the children while the facility is operating.
(e) All staff, household members, substitutes, and volunteers shall complete a child abuse/neglect Central Registry background check once a year and a full fingerprint based national criminal history record background check every five (5) years.