Wyoming Licensing Standards for Day Care Centers

STATEMENT OF REASONS

The Administrative Rules for Child Day Care Licensing are
intended to provide consumer protection for each child in care. By meeting these regulations, a child day care provider/director is taking the first steps to operating a safe facility.
Licensing of a child day care facility means that the facility and staff have met the Department of Family Services minimum standards for operation. These rules are the result of a long process of research, writing and comment. Contributors to these rules are Maternal and Child Health Bureau, Wyoming Departments of Agriculture, Health, and Fire Prevention/Electrical Safety, local and county health professionals,
National Association for the Education of Young Children, Wyoming Child Care Certification Board, child day care providers/directors throughout the state, nutrition programs, day care organizations, interested parents, and research of day care rules of other states. Ultimately, parents are responsible for finding quality child day care. These rules will assist in that search, but the final determination of choosing a child day care rests with the parents. One of the factors to be considered in making the choice of which child day care to use should be the level at which the facility meets the licensing rules. Changes have been made to reflect statutory changes in age of majority, exemptions from licensure, length of time for which a license can be issued, and to establish licensing fees. Other changes include changing the name of the agency which is the certifying authority from Department of Public Assistance and SocialServices to Department of Family Services, simplification of rules, change in classification of types of facilities, inclusion of fire and sanitation inspections for all licensed facilities, uniformity of requirements between types of facilities and clarification of agency roles within the licensing process. The structure of the rules has also been changed to reflect the simplification in rules, relocating many sections to one General Rules Chapter to avoid unnecessary
repetition.

CHAPTER 1
ADMINISTRATIVE RULES FOR CERTIFICATION
OF CHILD CARE FACILITIES
GENERAL PROVISIONS
Section 1. Authority.
These rules of the Department of Family Services are promulgated pursuant to W. S. 9-2-2104
(a) (vii), W.S. 14-4-104 and W.S. 16-3-101, et seq. (1999).
Section 2. Purpose.
These rules have been adopted to provide uniform licensing for the protection of children in
child care facilities. These rules also provide uniform procedures for conducting contested case
hearings before the Child Care Certification Board.
Section 3. Severability.
If any provision of these rules is declared unconstitutional or beyond the authority conferred
upon the Department by the Wyoming Legislature, the remaining provisions shall not be affected
by the declaration.
Section 4. Introduction.
The Department of Family Services is responsible for the licensing, monitoring and enforcement
of rules for all Wyoming providers of child care services covered in these rules. Providers/directors are required to comply with all federal, state and local laws, statutes and rules that pertain to a child care business in addition to these rules. Allegations of violations of any laws, statutes or rules may be reviewed by the State Department of Family Services and appropriate action taken by that Department.
Table of Contents

CHAPTER 2
ADMINISTRATIVE RULES FOR CERTIFICATION
OF CHILD CARE FACILITIES
DEFINITIONS
Section 1. Definitions.
(a) “Adult” means any person who has attained the age of majority.
(b) “Applicant” means any person who submits an application to the Department of
Family Services for a child care license.
(c) “Application” means the form on which a person indicates, in writing, a request
to become licensed, renew a license, or change information on the license. The individual who
will be legally responsible for the operation of the facility which includes assuring compliance
with the licensing law and rules shall apply for the license, using the form provided by the
Department.
(d) "Authorized fire inspector" means the representative of the Department of Fire
Prevention or in localities where self-enforcement of minimum standards exists, the official fire
inspector.
(e) "Authorized health inspector" means the representative of the Department of
Agriculture or in localities where self-enforcement of minimum standards exists, the official
health inspector.
(f) "Auxiliary Staff" means any employee, substitute, volunteer, household member
in the case of facilities that are operated in the provider/director’s home, or other person who
may or may not work directly with children but is not used to meet staff ratios and is not
counted as such.
(g) “Biennial” means once every two (2) years.
(h) “Biennium” means the two (2) year period, coinciding with the facility licensure
dates, in which training hours must be obtained.
(i) “Certification” refers to the laws governing the issuance of a child care license in
accordance with W.S. § 14-4-101 et seq.
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(j) “Change Request” means the application form on which a provider/director
requests a change to the child care license.
(k) "Child" means any person under the age of majority.
(l) "Child abuse or neglect" means the improper treatment of children as defined in
W.S. 14-3-202(a) (ii) and 14-6-201(a) (xvi), and as defined in Chapter 1 of the Rules and
Regulations Governing Child Protective Services.
(m) "Child care" is a service for families provided on behalf of children and their
parents, and designed to supplement daily parental care.
(n) “Child Care Center (CCC)” means any business operated by a private person,
partnership, association or corporation that is operating a business for profit or otherwise, in a
building used solely for commercial purposes, where sixteen (16) or more children receive care
for part of the day.
(o) “Child Care Certification Board” means the board mandated by W.S. 14-4-
103.
(p) "Child caring facility" means any business, for profit or non-profit, which
provides care for children at the request of the parents, legal guardians or an agency that is
responsible for those children.
(q) "Child with special needs" means a child evaluated as having autism, deafblindness,
a developmental disability, an emotional disability, a learning disability, a mental
disability, hearing impairment, multiple disabilities, orthopedic impairment, speech or language
impairment, traumatic brain injury or visual impairment including blindness, or significant chronic
illness, who require special health surveillance or specialized programs, interventions,
technologies, or facilities.
(r) "Child Safety Restraint System" means any device which is designed to protect,
hold or restrain a child in a privately owned, leased or rented noncommercial passenger vehicle
in such a way as to prevent or minimize injury to the child in the event of a motor vehicle
accident or sudden stop and which conforms to the standards prescribed by 49 C.F.R.
571.213 or to applicable federal motor vehicle safety standards in effect at the time of
manufacture.
(s) “Complaint” means a report to child care licensing that a child care facility is in
or has been in violation of these Rules.
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(t) “Cooperative child care” means parents exchanging care on a mutually
reciprocal basis, without offering payment or membership benefits for the care provided.
(u) “Critical height” means the maximum height a child may climb, sit or stand.
(v) "Department" means the Department of Family Services including both the
central office in Cheyenne and the field offices throughout the State of Wyoming.
(w) “Developmentally appropriate” means suitable to the chronological age range
and developmental characteristics of a specific group of children.
(x) “Diarrhea” means three (3) or more loose stools in a 24-hour period.
(y) “Direct supervision” means within sight and sound.
(z) “Director” means any person who applies for and is issued a Child Care Center
or Family Child Care Center license.
(aa) "Discipline" means a process by which staff assists children to develop inner
control necessary to manage their own behavior in a socially approved manner.
(bb) “Family Child Care Center (FCCC)” means a child care facility in which care is
provided for a maximum of fifteen (15) children for part of a day, which may be in a residential
or commercial type structure.
(cc) “Family Child Care Home (FCCH)” means a licensed child care facility in
which care is provided for no more than ten (10) children y in the primary residence of the
provider.
(dd) “Group” means the number of children assigned to a staff person(s) occupying
an individual classroom or well defined space, used to meet the staff:child ratios set forth in the
Administrative Rules for Certification of Child Care Facilities, Chapter 6, Section 1.
(ee) “Household member” means a person who resides in a family home as
evidenced by factors including, but not limited to, maintaining clothing and personal effects at the
household address, receiving mail at the household address, using identification with the
household address, or eating and sleeping at the household address on a regular basis.
(ff) “Immediate family” means siblings (including step and half siblings) who live
together with their parent(s), step parent(s) or legal guardian(s) in the same residence.
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(gg) "Imminent danger" includes threatened harm and means a statement, overt act,
condition or status that represents immediate and substantial risk of sexual abuse or physical or
mental injury.
(hh) "Infant" means any child in care from birth to twelve (12) months of age.
(ii) “Initial license” means the first license issued when a facility has never been
previously licensed.
(jj) “Licensee” means the person or entity that is granted permission by the State of
Wyoming to operate a child care facility.
(kk) "Licenser" means the representative of the Department of Family Services who
performs inspections and enforces compliance of these rules.
(ll) "Licensing authority" means the Department of Family Services operating as the
department which issues licenses, makes inspections, enforces rules and handles all
administrative details relating to enforcement of W.S. 14-4-101 through 14-4-116.
(mm) “Multiple Location Facility (MLF/FCCC or MLF/CCC)” means any child care
facility that is part of a business operating Family Child Care Centers (FCCC) or Child Care
Centers (CCC) at multiple locations.
(nn) “Non-renewal” means the action taken when a request for renewal has been
submitted by the provider/director but the content of the request does not demonstrate
compliance with these rules and a license cannot be issued.
(oo) “Occasional child care” means the care of a neighbor’s or friend’s child if the
care-taking person does not regularly engage in this activity.
(pp) “Premises” means a tract of land and the structures on it.
(qq) "Preschool age child" means any child in care from three (3) to five (5) years
old.
(rr) “Provider” means any person who applies for and is issued a Family Child Care
Home license.
(ss) “Relative” means an individual who is through marriage, blood relationship, or
court decree, the parent, grandparent, great-grandparent, sibling, aunt or uncle of a child
receiving child care.
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(tt) “Request for renewal” means the Child Care Inspection Report, renewal fee
and all supporting documents that demonstrate compliance with these rules.
(uu) “Resilient surface” means the surface under and around playground equipment
that reduces the risk of serious injury from a fall.
(vv) "Safety belt" means a passenger restraint that was installed when the vehicle was
manufactured.
(ww) "School age children" are children who are enrolled in first grade or higher, or
are six (6) years or older.
(xx) "Staff" means any provider, director, household member in the case of a facility
located in the provider/director’s home, employee, substitute, or volunteer working directly with
children and used to meet staff:child ratio requirements. Minimum age of staff must be sixteen
(16) years.
(yy) "Staff:child ratio" means the maximum number of children permitted to be
directly cared for per staff member.
(zz) "Substantiated report" means any report of child abuse or neglect or child care
rules violation made to the Department in which it is determined, after an investigation that a
preponderance of evidence of the alleged abuse or neglect or violation exists.
(aaa) “Swimming pool” means any body of water containing more than twelve (12)
inches of water, which could be used for the purpose of swimming, wading or any other
recreational activity.
(bbb) “Toddler” means any child in care from twelve (12) to thirty-six (36) months of
age.
(ccc) “Training hours” means hours for which training has been approved for the
purposes of fulfilling the licensing training requirements.
(ddd) "Unsubstantiated report" means any report of child abuse or neglect or child
care rules violation for which it is determined, after an investigation that a preponderance of
evidence of the alleged abuse or neglect or violation does not exist.
(eee) “Use zone” means the surface under and around a piece of equipment onto
which a child falling from or exiting from the equipment would be expected to land.
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(fff) “Visitor” means an individual who is present in a child care facility for no more
than sixteen (16) hours in a month and who is present only for the purpose(s) of providing a
program, service, conducting an inspection, investigation, observation or evaluation and who is
not counted in staff:child ratios, does not supervise children and is within sight and sound of a
staff member at all times.
(ggg) “Volunteer” means any person acting as staff or auxiliary staff without any form
of payment or compensation. Minimum age for volunteers is sixteen (16) years.
(hhh) “Wading pool” means a portable, above ground basin filled with twelve (12) or
fewer inches of water, and designed for the purpose of wading.
(iii) “Weapon” means, but is not limited to, a firearm, explosive or incendiary
material, or other device, instrument, material or substance, which in the manner it is ordinarily
used, or is ordinarily intended to be used, is reasonably capable of producing death or serious
bodily injury.

CHAPTER 3
ADMINISTRATIVE RULES FOR CERTIFICATION
OF CHILD CARE FACILITIES
CERTIFICATION OF CHILD CARING FACILITIES
Section 1. Licensing Procedures.
(a) All providers/directors of child care facilities covered by these rules shall
request regular licensing in accordance with these rules.
(b) Any individual who provides care for more than two children is required to be
licensed unless exempted under one of the following areas:
(i) A legal parent's or legal relative's care of a child;
(ii) Occasional care of a neighbor's or friend's child if the person providing
the care does not regularly engage in this activity;
(iii) Parents exchanging care on a cooperative basis;
(iv) Child care provided by a person employed to come to the home of the
child's parent or guardian;
(v) Child care facilities providing care for no more than two (2) minors;
(vi) Child care facilities supervised by the state, any local government,
school district or agency or political subdivision thereof; or
(vii) Child care facilities providing care to the children of only one (1)
immediate family unit.
(c) Only one (1) individual who is exempt from licensure can provide care at a
location or residence.
(d) With the exception of a legal parent in Chapter 3, Section 1(b) (i), these
exemptions cannot be combined.
(e) Facilities that are legally exempt may request voluntary licensing.
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(f) Interpretation of these rules is the responsibility of the Department. No other
person, agency or organization shall make public interpretation of the licensing rules.
Section 2. Initial Application and Reapplication.
(a) Information to become licensed will be made available by the Department.
(b) Application is required for:
(i) New facilities; and
(ii) Reapplication when a facility previously held a license and that license is
currently not valid.
(c) The Department of Family Services is not required to take any action on a new
application until the application process has been completed. All applications are to receive
action from the Department of Family Services within thirty (30) days from the date they are
completed. New applications are considered as completed and filed when the licenser has
received:
(i) A signed and dated application form filled out in its entirety;
(ii) TB test results;
(iii) Local zoning approval where required;
(iv) Documentation from a physician, physician’s assistant, or nurse
practitioner that the applicant has no diagnosed medical or emotional conditions that would
impair their ability to provide child care;
(v) Three (3) references attesting to the applicant's ability to care for
children. The references shall be from individuals who have known the applicant for a minimum
of six (6) months, are unrelated to the applicant and who have personal knowledge of the
applicant's ability to care for children;
(vi) Proof of required education, training or experience;
(vii) Results of criminal background checks and child abuse/neglect Central
Registry checks for all staff and auxiliary staff.
(viii) Proof of completion of six (6) hours of orientation training in
accordance with Chapter 6, Section 7 (a); and
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(ix) Non-refundable application fee of fifty dollars. ($50.00)
(d) Action taken on an application may include issuance of a full license, issuance of
a provisional license or denial of the application.
Section 3. Change Request Application
(a) Written notification from the provider/director is required for any of the
following changes:
(i) The name of the facility;
(ii) The name of the provider/director;
(iii) Change in director;
(iv) Physical location of the facility;
(v) Mailing address of the facility;
(vi) Telephone number of the facility;
(vii) Facility classification;
(viii) Structural modifications;
(ix) Facility closure;
(x) Capacity; or
(xi) Licensing period.
(b) Verbal reports from the provider/director of changes in the facility telephone
number, mailing address or facility closure may be accepted if the licenser is unable to get
written notification from the provider/director.
(c) Change requests are considered as complete when the licenser has received the
completed change request form and all required documentation.
(d) The Department of Family Services is not required to take any action on a
change request until the change request process has been completed.
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(e) Changes will be effective when all required documentation has been received or
the effective date of the change, whichever is later.
Section 4. Inspection.
(a) As soon as possible and not to exceed thirty (30) days after an application for
licensure has been completed, an inspection of the child care facility shall be made by the
licenser.
(b) Inspections conducted prior to issuance of the initial license shall be made by
appointment.
(c) A minimum of one (1) annual licensing inspection is required of all facilities.
(d) Additional licensing inspections, scheduled or unscheduled may be conducted
during the licensing year.
(e) Inspection will include:
(i) Examination and assessment of the facility, equipment, and records for
compliance with these rules;
(ii) Measurement of available indoor and outdoor play space initially and
with any change;
(iii) Discussion of any licensing violations discovered as the result of
inspection; and
(iv) Establishment of completion deadlines for compliance with any
violations discovered as the result of inspection.
(f) Copies of all completed inspection forms shall be kept on site and made
available by the provider/director to parents, other inspectors or anyone else requesting to see
the inspection results.
(g) All child care facilities shall receive annual fire and health approval in addition to
the Department of Family Services' inspection. Local ordinances may require additional
inspections:
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(i) Fire inspection authorities are responsible for enforcement of fire codes;
and
(ii) Health/sanitation inspectors are responsible for the enforcement of
health/sanitation regulations.
(h) Violations and/or noncompliance with fire, health/sanitation or immunization
regulations may affect licensure.
Section 5. License Issuance.
(a) Upon application for licensure or for the purpose of renewal of an existing
license, or change to the existing license, the Department shall make or cause to be made a
review of program documents that demonstrate compliance with the licensing rules and one or
more inspections of the facility. Based on the information on hand and/or the result of the
inspections, the Department shall issue a license to the child care facility if the facility:
(i) Is in compliance with the applicable Federal, State and local laws, rules
or regulations unless a variance for an exception to a specific regulation has been requested in
writing by the provider/director. Each request for a variance will be considered on its own
merit; or
(ii) No open investigations by Child Care Licensing or Child Protective
Services are pending against the provider/director, staff or auxiliary staff; or
(iii) No issues of non-compliance are unresolved from a previously held
license.
(b) Each license is issued for the address or child care facility named on the license.
It is not transferable or assignable.
(i) Two (2) or more licenses shall not be issued for the same, adjacent or
shared location unless the facilities operate completely independently of one another by:
(A) Not using shared or common equipment simultaneously; and
(B) Maintaining all records and complying with all child care
licensing rules independent from the adjacent facility.
(c) When a facility closes, the license will be invalid.
(d) An initial license cannot be issued if a fire inspection has not been completed.
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(e) If a facility’s license is to be renewed and required inspections or approval have
been delayed through no fault of the provider/director, a full license may be issued.
(f) Full licenses may be issued for one (1) or two (2) years.
(i) A one (1) year license shall be issued for all facilities in compliance with
these rules unless the facility has requested a two (2) year license and all criteria for the two (2)
year license has been met.
(ii) A facility will be issued a two (2) year license with the renewal fee for
the second year of the license waived. The provider/director must provide documentation that
the facility has during the preceding two (2) years of its child care licensure met the following
conditions:
(A) Compliance with these rules with out any substantiated
violations; and
(B) Exceeding the requirements of these Rules in two (2) of the
following areas:
(I) Increased staff:child ratios for all children in care;
(II) Fifty percent (50%) of staff exceed training
requirements by fifty percent (50%);
(III) Monthly health care consultation for all ages of children
served;
(IV) Documentation of parental participation in the program
through opportunities for regular meetings to discuss the strengths and needs of the facility,
family involvement activities and through daily opportunities for staff to talk to parents on an
individual basis about their child’s needs and/or activities; or
(V) National accreditation by an accreditation body
recognized by the Department.
(g) A provisional license, for a period not to exceed six (6) months, may be issued
for an initial or renewal license, permitting operation of a child care facility when:
(i) The facility is temporarily unable to conform to all required minimum
standards; or
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(ii) Compliance with licensing rules is being monitored due to a history of
noncompliance.
(h) A full license shall be issued to replace a provisional license at any time full
compliance is documented and/or monitoring is completed.
Section 6. Licensure Fees.
(a) At the time of the initial application or reapplication, a nonrefundable application
fee of fifty dollars ($50.00) shall be paid by all applicants. The applicant will be provided with a
copy of the licensing rules with payment of this fee.
(b) The following renewal fees for all licensed facilities are nonrefundable and due
upon the expiration date of the current license or when a facility has submitted a request for a
change in the licensing year:
(i) Family Child Care Home (FCCH) - $25.00;
(ii) Family Child Care Center (FCCC) - $50.00;
(iii) Child Care Center (CCC) - $50.00; and
(iv) Multiple Location Facilities (MLF/FCCC or MLF/CCC) - $50.00 per
site.
Section 7. Application for Renewal of a License.
(a) Renewal of an existing license will be dependent upon submission of a request
for renewal and payment of the renewal fee as described in Section 6(b) of this chapter, and
continued compliance with child care licensing rules.
(b) Medical statements are not required when renewing a license but may be
required whenever there has been a change in the physical or mental condition of the
provider/director or when the Department is aware of a concern about the ability of the
provider/director to provide safe child care.
(c) Tuberculosis (TB) tests are required in keeping with the latest recommendation
of the State Health Authority.
Section 8. Complaints.
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(a) The local Child Protection Services worker or local law enforcement agency is
to be notified when a complaint of child abuse or neglect is received by the Department
involving a provider/director, staff or auxiliary staff. Complaints concerning child abuse or
neglect will be investigated by a child protection worker and/or law enforcement.
(b) Complaints involving violations of child care licensing rules will be investigated
by the licenser. When appropriate, joint investigations shall be made with Child Protection
Services workers, fire or health inspectors or law enforcement.
(i) Complaints shall be accepted and investigated even when the
complainant wishes to remain anonymous.
(ii) Investigation of licensing rule complaints shall include:
(A) A record of the complaint as received;
(B) An unannounced visit by a representative of the Department to
the facility being investigated; and
(C) A summary record of the investigation as conducted by the
Department of Family Services.
(c) When an investigation is made to determine if the complaint is valid, the
provider/director will be notified in writing of:
(i) The allegations made in the complaint;
(ii) The findings and any areas of noncompliance with regulations;
(iii) What corrections must be made and a date by which compliance will be
expected; and
(iv) Required compliance which may include:
(A) Training hours in specific competency areas;
(B) Written statements or reports;
(C) Facility records or reports; or
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(D) Other requirements necessary to demonstrate compliance or the
ability to maintain compliance with these rules.
(d) If noncompliance continues or reoccurs and is confirmed, the licenser may use
the noncompliance as a basis for making additional visits to the facility or recommending
revocation of the license.
(e) If complaints relate to nonlicensing issues, (such as rates charged, hours of
operation, etc.), the complainant will be told these factors are not subject to licensing authority
and the complaint will be rejected or referred when appropriate.
(f) Complaints about the operation of unlicensed child care operators will be
investigated by the Department. The facility operator will be contacted and provided
information related to the state statute requiring certification for child care facilities. Additional
action may be taken against persons who are not legally exempt and continue to operate without
a license, in accordance with W.S. § 14-4-111.
(g) Providers/directors have the right to be told about information contained in the
complaint or the report with the exception of information that would identify the reporter.

CHAPTER 4
ADMINISTRATIVE RULES FOR CERTIFICATION
OF CHILD CARE FACILITIES
DENIAL, NON- RENEWAL, REVOCATION OR SUSPENSION OF LICENSE
Section 1. Authority.
The Department of Family Services may deny, not renew, revoke or suspend a license
upon proof of noncompliance with or violation of any child care rules, regulations or federal and
state laws pertaining to the operation of a child care business. This includes noncompliance with
health or fire inspections or immunization requirements.
Section 2. Reasons for Denial, Non-Renewal, Revocation or Suspension.
Reasons that will be considered by the Department, for the denial, non-renewal,
revocation or suspension of a license include, but are not limited to:
(a) Failing to comply with rules prescribed and published by the Department of
Family Services;
(b) Any staff or auxiliary staff is found not to be of good moral character;
(c) Furnishing or making any misleading or false statement or report to a licenser;
(d) Failing to provide, maintain, equip and keep in safe and sanitary condition
premises established or used for child care pursuant to licensing rules prescribed by the
Department;
(e) Any staff or auxiliary staff is charged with the commission of an act of child
abuse, neglect, or any sexual offense or is the subject of a substantiated abuse or neglect finding;
(f) Preponderance of credible evidence that a criminal history exists for any staff or
auxiliary staff;
(g) Any staff or auxiliary staff failing to complete all required training as specified by
these rules;
(h) Any staff or auxiliary staff is convicted of a crime against children;
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(i) Any staff or auxiliary staff using or being under the influence of alcohol or illegal
drugs on the facility premises during the hours of operation or in a vehicle while transporting
children;
(j) Violating a rule in the same section of these rules three (3) times within a twelvemonth
period;
(k) Violation of any section of the statutes or rules that has been willful, continual, or
hazardous to health or safety, or the provider/director has not made reasonable efforts to
conform to standards or is unable to comply;
(l) Refusing to submit to the Department any reports or refusing to make available
any records required by them in making an investigation of the facility for licensing;
(m) Failing or refusing to submit to an investigation or interfering with an
investigation.
(n) Failure to admit authorized representatives of the Department at any time the
facility is open for operation for the purpose of investigation, obtaining records, inspection or
monitoring;
(o) Failing to maintain the separate operation of child caring facilities will result in
revocation or suspension of all licenses;
(p) Being convicted of fraud against the Department; or
(q) When a facility has applied for a license or renewal of a license; and
(i) Open investigations by Child Care Licensing or Child Protective
Services are pending against the provider/director, staff or auxiliary staff; or
(ii) Issues of non-compliance from a previously held license are unresolved.
Section 3. Denial or Revocation.
(a) When a child care license is to be denied or revoked, the provider/director or
owner must be notified in writing of the action being taken. Parents, other agencies,
organizations and programs will also be notified as appropriate.
(b) A letter of revocation or denial will include the following:
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(i) A statement of the laws, rules or regulations violated;
(ii) Determination of what action will be taken;
(iii) Notification that a revocation action will be effective thirty (30) days
from receipt of the letter, unless licensee requests a hearing;
(iv) Notification that denial of a license is effective immediately;
(v) Statement of authority for the revocation or denial;
(vi) The right to seek representation by a lawyer, friend, or relative.
However, the Department will not be responsible for any fees charged; and
(vii) The penalty for unlicensed operation, as stated in W.S. 14-4-111.
(c) A notice of intent to revoke a child care license shall be sent to parents of
children currently attending the facility. A complete list of parents with mailing addresses shall
be supplied to the Department by facility staff upon request.
(d) Notice to parents shall include the following:
(i) Name of facility;
(ii) Name of the provider or director;
(iii) Action being taken and the reason(s) for the action; and
(iv) Date the action will be effective.
Section 4. Reapplication following Revocation.
(a) Reapplication cannot be made for three (3) years by the same provider,
director or owner following revocation of a child care license.
(b) Reapplication must include acceptable verification of how all previous
compliance issues have been addressed before the application can be accepted.
(c) Reapplication cannot be made following a second revocation.
Section 5. Suspension.
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(a) During the course of an investigation, if it becomes apparent to the investigator
that emergency action is required to protect the health, safety and/or welfare of children in a
child care facility regulated by the Department, then a suspension shall be requested.
(b) The decision to issue an Order of Suspension shall be made by the Child Care
Licensing Program Manager or designee at the central office following review of the
investigative information including the recommendation of the investigator, Child Protective
Services worker, and/or licenser.
(c) The suspension order shall specify the reasons for issuance including the specific
section(s) of the statutes and/or rules violated and the need for emergency action.
(d) The licenser or other Department designee will hand deliver the suspension
order and ensure that all children in the care of the provider are picked up by their parents or
guardians. The support of law enforcement agencies shall be requested in the closure where
there is a threat to the safety of the licenser or children.
(e) The order shall be effective during proceedings to revoke the license unless the
suspension is lifted by the Department.
(f) A revocation notice will follow the suspension order as soon as possible after
the closure to ensure that the license is legally revoked and the operator's legal rights are not
violated.
Section 6. Documentation.
Documentation, which is necessary for the denial, revocation or suspension of a child
care license, includes at least one (1) of the following:
(a) Inspection and/or investigation reports;
(b) Protective services reports and/or police reports;
(c) Arrest and/or conviction records;
(d) Mental health, medical or treatment reports; or
(e) Department of Family Services field office files.

CHAPTER 5
ADMINISTRATIVE RULES FOR CERTIFICATION
OF CHILD CARE FACILITIES
CONTESTED CASE HEARING
Section 1. Authority.
These rules are promulgated pursuant to the Wyoming Administrative Procedure Act.
Section 2. Purpose.
These rules have been adopted to provide uniform procedures for the conduct of
contested case hearings before the Child Care Certification Board pursuant to the Wyoming
Administrative Procedure Act, W.S. § 16-3-101 through §16-3-115.
Section 3. Applicability.
Contested case hearings before the Child Care Certification Board shall be conducted
according to these rules.
Section 4. Definitions.
The definitions set forth in the Wyoming Administrative Procedures Act, W.S. §16-3-
101, are incorporated by reference. For the purposes of a contested case hearing, the
following definitions shall also apply:
(a) "Affidavit" - a written notarized statement of facts made voluntarily under oath.
(b) “Board” – the Child Care Certification Board acting as the board of review.
(c) “Chairman” – the chairman of the Child Care Certification Board.
(d) "Contested case" - a proceeding involving denial, suspension, revocation,
substantiated complaint or non-renewal of any certificate issued under W.S. §14-4-101 through
14-4-116 where a hearing has been requested.
(e) "Department" - the Department of Family Services (DFS).
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(f) "Director" - the Director of the Department of Family Services.
(g) "Ex parte matter" - matters heard by the hearing officer in the absence of and
without notice to the adverse party.
(h) "Hearing officer" - any designee of the Chairman to serve as the presiding
officer at a hearing held under these rules. The Chairman may appoint such persons as
necessary to assist in the conduct of a hearing.
(i) “Hearing panel” – a committee of three (3) or more Board members designated
by the Chairman of the Child Care Certification Board to hear a case and recommend a
decision on behalf of the Board.
(j) "Indispensable party" - any person whose joinder as a party is required to
obtain a just resolution of the contested case. The hearing officer will determine who is an
indispensable party.
(k) “Individual” - the person impacted by decisions of the Department.
(l) “Informal Conference” - the conference conducted at the DFS local level by the
Child Care Licensing Program Manager or Supervisor to review case information concerning
local DFS action regarding a contested case.
(m) "Person" - any individual, partnership, corporation, association, municipality,
governmental subdivision, public or private organization of any character, other than an agency.
(n) "Petitioner" - agency or individual as designated by the Hearing Officer
(o) "Respondent" - agency or individual as designated by the Hearing Officer.
(p) “WAPA” - the Wyoming Administrative Procedure Act, W.S. §16-3-101
through §16-3-115.
Section 5. Requests for Hearing.
(a) Any person or their formally designated representative may make a request to
the Department for a hearing in a contested case. Requests may be made within local offices
and forwarded to the Department.
(b) Requests for a hearing must be in writing.
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Section 6. Computation of Time.
In computing any time period set forth in these rules, by applicable statute or order of
the hearing officer or Director, the day of the act, event or default from which the designated
period begins to run shall not be included. If the last day of a designated period falls on a
Saturday, Sunday or legal holiday, or when the act to be done is the filing of a paper and
weather or other conditions have made the place of filing inaccessible, then the period runs until
the end of the next business day. For time periods of ten (10) days or less, the period of time
shall be ten (10) business days. For purposes of this section, “legal holiday” includes any day
officially recognized as a legal holiday in this state by designation of the legislature or
appointment as a holiday by the Governor.
Section 7. Contents of Request for Contested Case Hearings.
(a) The request shall contain at least:
(i) Name, address, and telephone number of the person requesting the
hearing; and identification of the person on whose behalf the hearing is being requested.
(ii) The reason for the request, including the nature of the departmental
action, order or determination being contested; and
(iii) Name and address of the requesting party’s legal counsel or
representative, if the requesting party has retained counsel or a representative at the time the
request for hearing is made.
Section 8. Time Period for Requests and Evaluation of Requests.
(a) Requests for a hearing on issues pertaining to Day Care Licensing shall be
made within ten (10) days from the date of mailing of the agency action.
Section 9. Notice of Hearing; Request for Continuance.
(a) In any contested case, all parties shall be afforded no less than twenty (20) days
advance notice of the hearing.
(i) The time period specified herein may be waived by an individual upon
written notification to the Chairman or Hearing Officer.
(ii) Notice shall be served personally or by certified mail to the last known
address of the party.
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(b) Contents
(i) A notice of hearing shall contain, at least:
(A) The time, place, and nature of the hearing;
(B) The legal authority and jurisdiction under which the hearing is
being held;
(C) The particular sections of the statutes or rules involved;
(D) A short and plain statement of the matters asserted;
(E) The docket number assigned to the case;
(F) The right to be represented by an attorney or representative;
and
(G) The right to present witnesses or other appropriate evidence.
(c) Upon request for a continuance by either party served, the Hearing Officer
shall, upon a showing of good cause, allow the party an alternative time and place for the
hearing, provided such request is made within ten (10) days from the date of mailing of the
notice of hearing.
(i) When a request for a continuance is granted, the Hearing Officer shall
reissue the notice in accordance with Section 10 of these rules at least five (5) days prior to the
hearing date.
(ii) Only one request for rescheduling of a hearing shall be honored unless,
in the Hearing Officer’s judgment, additional changes must be allowed to avoid manifest
injustice. Notice shall be issued as provided by Section 10 (a) and (b) above.
(d) A hearing shall be held within ninety (90) days of the agency action which gives
rise to the complaint, unless otherwise provided by law.
Section 10. Failure to Appear.
If a party requesting a hearing fails to appear at the place, date, and time specified in a
notice, the hearing officer may:
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(a) Continue the hearing to a later date and provide notice as prescribed by Section
10 (a) and (b) herein; or,
(b) Dismiss the hearing and send notice to all parties the hearing was dismissed for
the requesting party’s failure to appear. The party requesting the hearing shall have twenty (20)
days from the mailing of the dismissal notice to submit a written request that the hearing be
recalendared accompanied by a showing that good cause existed for the requesting party to
have failed to appear at the originally scheduled hearing.
Section 11. Discovery.
All discovery in a contested case shall be governed by the Wyoming Rules of Civil
Procedure, and the Wyoming Administrative Procedure Act, W. S. §16-3-107 (g) and (h).
The party for whom any depositions are taken will ensure original transcripts are placed in the
record by filing them with the Director’s designee. All other records of discovery shall likewise
be filed with the Director or designee by the party originating such discovery.
Section 12. Subpoenas.
Any party may request the hearing officer issue a subpoena so as to compel the
attendance of a witness pursuant to W. S. §16-3-107. Request for the issuance of the
subpoena shall be accompanied by a completed subpoena which should substantially conform
to the form provided by the Department. Upon receipt of a subpoena request, the hearing
officer shall issue the subpoena and return the subpoena to the requesting party for service.
Section 13. Expedited Contested Case.
(a) Upon request of the parties, made prior to the date set for the hearing, any case
may be heard as an expedited case.
(b) Expedited cases will be decided on written argument, evidence and stipulations
submitted by the parties. Oral argument will be presented upon the request of any party.
(c) The hearing officer has discretion to require an evidentiary hearing in any case in
which it appears that facts material to a decision in the case cannot be properly determined
without an evidentiary hearing.
Section 14. Prehearing Conference.
(a) At a time on or before the day of the hearing, the hearing officer, with or without
either party's motion, may meet with the parties for a conference to consider simplification of the
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issues, stipulations and admissions of fact, clarification or limitation of evidence, and any other
matters that may expedite the proceeding and assure a just conclusion of the case.
(b) Any stipulations, limitations or agreements made at a prehearing conference
shall be recited in the record and shall control the course of the proceedings, unless modified
during the hearing to prevent manifest injustice.
Section 15. Informal Disposition.
Settlement of a contested case by any informal means (i.e., stipulation, agreed
settlement or consent order) shall be allowed at any time unless precluded by law. Such
settlements shall be in writing by both parties and included as a part of the record. The Hearing
Officer shall enter an order dismissing the contested case proceeding upon such settlement, and
such order shall be considered a final order of the Department.
Section 16. Hearing Officer.
(a) The Chairman or designee shall appoint a hearing officer to preside over
contested case hearings on a case-by-case basis or for a scheduled period of time, as deemed
appropriate.
(b) The hearing officer shall be any person determined by the Chairman or designee
to be qualified to serve in such a capacity, who has not taken part in the investigation,
preparation, or earlier disposition of the case to be heard.
(i) The hearing officer may withdraw from a hearing at any time a
contested case is pending by filing a written notice of withdrawal with the Chairman or designee
and serving all parties.
(ii) Any party may request in writing the Chairman remove and replace the
hearing officer in a contested case. This request must be accompanied by a statement and
affidavits, if appropriate, setting forth the alleged grounds for disqualification. The Chairman or
designee may deny a party's request for removal and shall issue a written statement explaining
the grounds for denial which shall be made a part of the record. If the request is granted, the
Chairman or designee shall appoint a new hearing officer as soon as is practicable.
(iii) The party requesting hearing may object to the appointment of the
hearing officer on the record at the hearing. The objection shall set forth the alleged grounds for
disqualification.
(c) The hearing officer shall have all powers necessary to conduct a fair and
impartial hearing, including but not necessarily limited to, the following authority:
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(i) To administer oaths and affirmations;
(ii) To subpoena witnesses and require the production of any books,
papers or other documents relevant or material to the inquiry;
(iii) To rule upon offers of proof and relevant evidence;
(iv) To provide for discovery and determine its scope;
(v) To regulate the course of the hearing;
(vi) To hold conferences for the settlement or simplification of the issues;
(vii) To dispose of procedural requests or similar matters; and
(viii) To take any other action authorized by the Department's rules.
(d) Failure or refusal to appear or obey orders of the hearing officer may result in
the sanctions provided in W.S. §16-3-107(c) and (f).
(e) Except to the extent authorized by W.S. §16-3-111 or by other state law, a
party or that party’s attorney shall not communicate directly or indirectly in connection with any
issue of fact or law with the hearing officer or any member of the Board concerning any pending
case, except upon notice and opportunity for all parties to participate. Should ex parte
communication occur, the hearing officer or the Board member contacted shall advise all parties
of the communication as soon as possible thereafter, and if requested, allow any party the
opportunity to respond. If a Board member needs counsel regarding the hearing, they shall
contact the Attorney General’s office. If the individual requesting the hearing needs counsel,
they are encouraged to contact the Wyoming State Bar or a private attorney.
Section 17. Evidence and Testimony; Telephone Conferences
(a) Except as may be otherwise ordered by the hearing officer, the Department
bears the burden of proof.
(b) Admissibility of evidence
(i) The parties shall be entitled to present any oral or documentary
evidence, submit rebuttal evidence and conduct cross-examinations, as may be required for a
full disclosure of the facts.
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(ii) All documentary or physical evidence submitted for consideration shall
be marked as exhibits. Petitioner’s exhibits shall be marked by letters of the alphabet beginning
with "A". Respondent’s exhibits will be marked by numbers beginning with "1".
(iii) The hearing officer shall allow any oral or documentary evidence.
Irrelevant, immaterial, or unduly repetitious evidence may be excluded. Hearsay is admissible.
(iv) Evidence may be received in written form, yet if such written evidence
would not be admissible under the Wyoming Rules of Evidence, all parties should be afforded a
reasonable opportunity to confront and cross-examine the author of the written evidence.
Generally, such a reasonable opportunity is afforded by giving all parties written notice of the
intent to introduce and rely upon the written evidence a reasonable period of time prior to the
scheduled evidentiary hearing.
(c) Objections
(i) The grounds for objection to any evidentiary ruling by the hearing officer
shall be briefly stated. Rulings on all objections shall appear in the record. Only those
objections made before the hearing officer, or specifically stipulated to by both parties, may be
relied on in a subsequent proceeding.
(ii) Formal exception to an adverse ruling is not required.
(d) Privileged and confidential information
(i) Any privilege at law shall be recognized by the hearing officer in
considering evidence.
(ii) No employee of the Department shall be compelled to testify or to
divulge information which is confidential or privileged at law and which is contained within the
records of the Department or acquired within the scope of employment except as provided in
W.S. §16-3-107.
(e) Administrative notice may be taken of any material fact not appearing in
evidence in the record that is of the nature of traditional matters of judicial notice or within the
special technical knowledge or files of the Department. Parties shall be given an opportunity to
contest matters administratively noticed prior to a final decision by the Department in
accordance with W.S. §16-3-108.
(f) Each witness who is present to give testimony must identify himself or herself by
stating his or her name and address; indicate on whose behalf he or she will testify; and be
administered an oath by affirmation by the Hearing officer.
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(g) At the discretion of the hearing officer, telephone calls may be used to conduct
any hearing or other proceeding. At the discretion of the hearing officer, parties or their
witnesses may be allowed to participate in hearings by telephone.
Section 18. Representation.
(a) All parties have a right to represent themselves, to be represented by an
attorney licensed to practice law to appear on their behalf.
(i) If the individual requesting a hearing is represented by an attorney,
payment of attorney’s fees and costs are the responsibility of the individual requesting a hearing.
(b) Department employees may request the Attorney General to assist in contested
case hearings to the extent required by W.S. §16-3-112(c).
Section 19. Order of Procedure.
(a) The following order of procedure shall be followed:
(i) The hearing officer shall announce the hearing is open and call by
docket number and title the case to be heard. The hearing officer shall ask if parties are ready
to proceed and will allow parties an opportunity to dispose of any preliminary matters;
(ii) The hearing officer shall administer the oath affirmation to all witnesses
who will present testimony;
(iii) The hearing officer may, by discretion, allow evidence to be heard in an
order other than prescribed here and shift the burden of proof accordingly;
(iv) The opening statements will be made by the Petitioner first, then by the
Respondent, unless the hearing officer allows evidence to be heard in an order other than that
prescribed and shifts the burden of proof according to paragraph (iii) of this subsection;
(v) Evidence will be presented by the Petitioner first, then by the
Respondent, unless the hearing officer allows evidence to be heard in an order other than that
prescribed and shifts the burden of proof according to paragraph (iii) of this subsection.
Petitioner may then offer rebuttal evidence. Parties may each exercise the right to crossexamine;
(vi) The hearing officer and the hearing panel members may examine
witnesses at the close of either party’s direct or cross examination;
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(vii) No testimony shall be received by the hearing officer unless given under
oath/affirmation;
(viii) Closing statements will be made by the Petitioner first, then by the
Respondent, and then the Petitioner will have the final response.
(ix) The hearing officer may limit the time for opening and closing
statements;
(x) The hearing officer may recess the proceedings as appropriate;
(xi) After all parties have had an opportunity to be heard, the hearing officer
may excuse all witnesses and adjourn the hearing;
(xii) The hearing may be reopened only upon a motion by a party to the
proceeding on a showing of good cause.
Section 20. Decisions.
(a) The hearing officer shall make proposed findings of fact and conclusions of law
within twenty (20) working days of the close of the hearing and forward them to members of the
Hearing panel for approval as a recommended decision. This time may be extended if the
parties or other interested persons are to submit briefs; but, in no event may this time be
extended by more than ten (10) working days, unless a later date is stipulated, in writing, by
Petitioner and Respondent.
(i) Within ten (10) working days of the Hearing officer’s recommended
decision, the Hearing panel shall issue its recommended decision to the Board.
(ii) Within ten (10) working days of the date of the Hearing panel’s
recommended decision, each party shall be allowed to file with the Board exceptions to the
recommended decision with or without a supporting brief. Such exceptions and briefs shall be
served on all other parties.
(b) Within fifteen (15) working days of receipt of the Hearing panel’s
recommended decision, the Board will make and enter in the record the final decision in the
case. This decision shall be made and served on all parties to the proceeding.
(i) The decision shall include:
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(A) A statement of the findings of fact and conclusions of law,
stated separately, with a concise and explicit statement of the underlying facts supporting the
findings; and
(B) The appropriate rule, order, relief or denial thereof. The
decision shall be based upon a consideration of the whole contested case record or any portion
stipulated to by the parties.
(ii) The decision shall state all facts administratively noticed and relied upon
as provided by W.S. §16-3-108(d).
(c) Final decisions of the Board shall be approved by a majority of members
present at a meeting where a quorum exists, signed by the Chairman and be effective
immediately after being entered in the record and served upon all parties. Service shall be
accomplished either personally or by mailing a copy of any decision or order to each party or to
their attorney of record within a reasonable time following the entry of the decision into the
record.
Section 21. Appeals.
Appeals from a final decision of the Board shall be taken in accordance with W.S. §16-
3-114 and Rule 12 of the Wyoming Rules of Appellate Procedure.
Section 22. Transcripts and Record.
(a) When a contested case is set for hearing, the Chairman or designee shall assign
a docket number to each case and enter the case with its number and date of filing in a docket
book maintained by the Chairman or designee. The Chairman or designee shall maintain a
separate file for each docketed case in which all pleadings, transcripts, correspondence, papers,
and exhibits for that case shall be maintained. All such items shall have noted thereon the
assigned docket number and the date of filing.
(b) The Chairman or designee shall record all contested case proceedings
electronically, through the use of a qualified court reporter or any other appropriate means
determined by the agency, or the hearing officer, as approved by the Department.
Transcriptions of oral proceedings or written transcripts of a witness's testimony may be
obtained upon payment of the cost. Costs may include costs of transcription, pro-rated time of
a DFS employee to duplicate tapes for transcription, cost of tapes and any other cost
associated with transcription of the hearing tapes.
(i) In a nonpublic investigation proceeding, requests for copies or
transcripts may be limited to testimony of the requesting party.
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(ii) Where individuals can demonstrate indigence and cannot effectively
perfect appeal without such transcription the Department may waive the payment of the fee.
(c) The record of the hearing shall contain:
(i) All formal or informal notices, pleadings, motions, intermediate rulings;
(ii) Evidence received or considered, including matters administratively
noticed;
(iii) Questions and offers of proof, objections and rulings;
(iv) Any proposed findings and exceptions thereto; and
(v) The report of the hearing officer to the Child Care Certification Board
and the final decision of the Board.
Section 23. Severability.
If any portion of these rules is found to be invalid or unenforceable, the remainder shall
continue in effect.
Table of Contents

CHAPTER 6
ADMINISTRATIVE RULES FOR CERTIFICATION
OF CHILD CARE FACILITIES
GENERAL RULES
Section 1. Staffing Requirements:
(a) Staff:child ratios and supervision as described in this chapter must be maintained
at all times.
(b) Staff:child ratios and maximum group size shall be maintained as follows during
all hours of operation when children are separated into age groups:
Ages of Children Staff:Child Ratio Maximum
Group Size
Infants
Birth to 12 mos. 1:4; 2:8; 3:10 10
Toddlers
12 mos. - 24 mos.
24 mos. - 36 mos.
1:5; 2:10; 3:12
1:8; 2:16; 3:18
12
18
Preschool Age
3 year olds
4 and 5 year olds
1:10; 2:20; 3:24
1:12; 2:24; 3:30
24
30
School Age
6-12 year olds 1:18; 2:32; 3:40 40
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(c) Maximum group size may be relaxed and staff:child ratio reduced at nap time to
one (1) staff member in the sleeping area as long as that staff person has a clear view of all
napping children in the room. Other staff may be excused for other activities; however, staff
numbers must be maintained within the facility to meet overall staff:child ratios at all times.
(d) Maximum group size may not be exceeded for no more than one (1) hour
during portions of the day such as opening and closing hours, special events, etc. Building or
room capacity shall not be exceeded and staff:child ratios shall be maintained.
(e) When age groups are combined, the staff:child ratios and maximum group size for
the youngest age group present shall apply or, the following staff:child ratios shall be maintained
within licensed capacity. These options represent maximum numbers of children per youngest
age group and total. Fewer may be present in the youngest age group and slots shifted to older
age groups, but the age of the youngest child will dictate the option. The number of staff is
indicated for each of the following options:
Ages of Children One Staff Two Staff Three Staff
Birth - 12 mos. 2 0 0 4 0 0 6 0 0
12 mos. - 24 mos. 2 4 0 4 6 0 6 10 0
24 mos. - 36 mos. 0 0 5 0 2 10 0 2 15
3 years - 12 years 4 6 5 7 7 5 8 8 5
Total 8 10 10 15 15 15 20 20 20
or
Ages of Children One Staff Two Staff Three Staff
Birth - 24 months 2 4 6
2 years - 12 years 8 11 14
Total 10 15 20
(f) Staff:child ratios for children with special needs shall be based on the child's
abilities and supervision requirements.
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(g) Supervision of children ten (10) years or older may be relaxed with parents’
written permission to allow children to be out of the direct supervision of an adult while
participating in parental approved activities. This will allow support for development of age
appropriate independence in these children.
(h) In order to be counted in the staff:child ratio, staff must be attending to the
children. Necessary cooking, cleaning, janitorial, or similar tasks performed by a staff person
counted in the staff:child ratio may take no longer than a few minutes, must be done in such a
way that the children are within sight and sound of the staff person, and the staff person can
quickly and easily leave the task to handle direct child caring duties. In a Child Care Center, the
person cooking meals cannot be counted in the staff:child ratio while meals are being prepared
or cleaned up, unless the duties occur during nap time, per Chapter 6, Section 1 (c).
(i) Staff and auxiliary staff under age of majority shall be supervised by an adult
staff member at all times. Minimum age of staff must be sixteen (16) years.
(j) There shall be at least one (1) adult supervising the care of children at all times
and the following supervision requirements also apply:
(i) In Child Care Centers there shall be at least one (1) adult directly
supervising children in each area of the facility where children are located at all times; and
(ii) In Family Child Care Centers and Family Child Care Homes:
(A) Awake infants and toddlers must be directly supervised by staff
at all times;
(B) Older children may be located in adjacent indoor and/or
outdoor areas of the facility if there is direct access, the staff person can clearly hear what
happens in the adjacent area and the staff person remains attentive and moves from one area to
the other every couple of minutes;
(C) If children are in more than two (2) areas, or areas are not
adjacent, then a staff person must be present and attending the children in each area;
(D) Children must be located on the same level or within sight and
sound of staff at all times; and
(E) Napping children who are not within sight of the staff person
must be within easy hearing distance at all times and must be checked on every few minutes.
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(k) At least one (1) person certified in infant/child CPR and first aid shall be in
attendance at all times and in all places that children are in care. This will require home
providers to be certified prior to issuance of a license.
(l) All staff and auxiliary staff are required to complete a child abuse/neglect
Central Registry check and criminal background prescreen or full criminal background check if
indicated by the prescreen
Section 2. Parental Involvement.
To enhance parental involvement and children’s participation in safe quality programs,
providers/directors shall ensure the following requirements are met:
(a) Parents or guardians shall have unrestricted and immediate access to their
children and any area of the facility used by children anytime their child is in attendance;
(b) Parents have a right to the following information:
(i) All inspection reports for the facility;
(ii) Staff:child ratio requirements;
(iii) Menus;
(iv) Information on obtaining complaint and compliance history of providers
from the Department of Family Services; and
(v) Documentation of provider/director training.
(c) Parents must be given a copy of written program policies to include the
following information at the time of the child’s enrollment and informed of any changes prior to
implementation of new policy:
(i) Discipline;
(ii) Sick children in care;
(iii) Administration of medication;
(iv) Administrative policy such as payment, hours of operation and services
provided by the child care facility;
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(v) The presence of any weapons on the premises; and
(vi) Any unusual policies (i.e. not celebrating birthdays or holidays);
(vii) Information on sleeping arrangement and supervision when overnight
care of children is provided; and
(viii) Complaint procedures for reporting concerns:
(A) To the provider/director; and
(B) To the Department of Family Services;
(d) Current license must be prominently displayed for public viewing at all times.
Section 3. Discipline.
(a) Written discipline policy must be developed and followed by all staff. It shall
not include any discipline that is in violation of the child abuse or neglect statute. This includes
excessive or unreasonable physical discipline and the commission or allowing the commission of
a sexual offense against a child, as defined by law.
(i) The facility's discipline policy shall outline methods of guidance
appropriate to the ages of the children enrolled.
(ii) It shall explicitly describe positive guidance, such as redirection, natural
and logical consequences, modeling of positive behavior and other nonviolent, non-abusive
methods of discipline.
(iii) When "time out" is used it must enable the child to regain control of
himself/herself and must keep the child in visual contact with a caregiver. It shall be used
selectively, taking into account the child's developmental stage and the usefulness of "time out"
for the particular child.
(iv) The facility’s discipline policy must be included in orientation of all staff.
(b) The following behavior shall be prohibited in all child care settings and by all
staff:
(i) Punishment associated with food, rest or toilet training;
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(ii) Rough handling of children including hitting, spanking, beating, shaking,
pinching, pushing or other measures that could produce physical pain;
(iii) Abusive or profane language;
(iv) Any form of humiliation including threats of physical punishment;
(v) Any form of emotional abuse including rejecting, terrorizing, corrupting,
isolating or ignoring a child. Children can be removed from a group, but not isolated.
Behaviors of a child may be ignored, but not the child.
(c) Only adult staff with direct child care or supervisory responsibility shall
discipline children.
(d) Children in care shall not act as or be employed as staff or be allowed authority
over other children.
Section 4. Medications.
(a) All child care facilities shall have written policies and procedures governing the
supervision of the administration of medication to children. These policies and procedures shall
be available for inspection.
(b) Medications include any medication or pharmaceutical samples prescribed by a
health care professional and commonly used non-prescription over the counter medications
including, but not limited to, ointments, repellents, lotions, creams or powders.
(c) The use of sunscreen will not be subject to the conditions of this Section. When
used, however, the following requirements apply:
(i) The sunscreen must be stored in the original container and the
manufacturer’s instructions for use must be followed; and
(ii) A consent form, signed by the parent or legal guardian, which allows the
use of sunscreen on his/her child and indicates the brands of sunscreen that can be used must be
on file.
(d) Medications can only be given in child care when:
(i) A medication consent form has been completed and signed by the
parent or legal guardian and includes:
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(A) Specific instructions for the date and time to be administered
and dosage; or
(B) A standing order from a parent or health professional for
commonly used nonprescription medication that defines when a medication should be used; and
(ii) Child care staff who administer medication have received training
approved by the Department of Family Services on administration of medication.
(e) The administration of medications shall be limited to:
(i) Medications prescribed by a licensed health care professional; and
(ii) Non-prescription over-the-counter medications.
(f) Prescription medications and pharmaceutical samples prescribed by a physician
or licensed health professional shall bear the original prescription label or written statement
specifying the:
(i) Child’s name;
(ii) Amount and frequency of dosage; and
(iii) Name of prescribing physician or other health professional.
(g) Over-the counter medications shall be stored in the original container and shall
be accompanied by written instructions from the parent or medical professional specifying the:
(i) Name of the child;
(ii) Name of the medication; and
(iii) Amount and frequency of dosages.
(h) All Medications will be stored:
(i) In a safety lock container or in an enclosed space that is inaccessible to
children; or
(ii) In a refrigerator separated from food in a sealed plastic container on the
top shelf of the refrigerator if refrigeration is required.
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(i) A written record of all medication given to children shall be kept by the child
care facility. This record shall include:
(i) Name of medication;
(ii) Date the medication was administered;
(iii) Amount of medication given;
(iv) Time the child received the medication; and
(v) Signature of person administering medication.
(j) Any deviation from recommended dosage on the label must be accompanied by
a physician’s written instructions.
(k) Medications shall not be used beyond the date of expiration.
Section 5. Transportation.
(a) Vehicles used to transport children shall be maintained in safe condition and
comply with applicable motor vehicle laws.
(b) Operators of vehicles used to transport children shall have the appropriate type
of driver's license and be at least eighteen (18) years of age.
(c) The number of persons in a vehicle used to transport children shall not exceed
the manufacturer's recommended capacity nor the number of seat belts installed when the
vehicle was manufactured.
(d) Each child who is a passenger, and within the age and weight requirements of
subsection (a) of W.S. § 31-5-1303, shall be properly secured in a child safety restraint system.
(e) The child safety restraint system must conform to Federal Motor Vehicle
Safety Standards for child restraint systems.
(f) The child must be properly secured in the restraint, and the restraint must be
properly installed, both as per manufacturer’s instructions.
(g) Any child who is not required by subsection (a) of W.S. § 31-5-1303 to be
secured in a child restraint system shall wear seat belts in accordance with W.S. § 31-5-1402.
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(h) When children are transported, there shall be a first aid kit, emergency medical
release forms on all children being transported and no smoking.
(i) Staff:child ratios shall be maintained during transportation.
(j) Children will never be left without adult supervision in any vehicle.
Section 6. TB Testing.
(a) TB testing is required of all applicants, staff and auxiliary staff having contact
with children in care in accordance with Wyoming Department of Health Recommendation.
Family Child Care Home and Family Child Care Center licensure also requires TB testing of all
adult members of the household when the facility is in the provider/director’s home.
Section 7. Training.
(a) Completion of six (6) hours of approved orientation training to include
information affecting the safety and health of children, fire safety, sanitation procedures, and
DFS licensing rules is required of all applicants within twelve (12) months prior to issuance of a
child care license.
(b) The orientation training and other approved training completed by the
provider/director, staff or auxiliary staff within twelve (12) months prior to the issuance of the
initial license may be applied toward the first biennial training requirements.
(c) All staff shall receive a minimum of two (2) hours approved staff orientation
training before assuming responsibility for unsupervised direct care of children. The
provider/director is responsible for scheduling or delivery of staff orientation. This training may
be used to meet training requirements in Chapter 6, Section 7(g).
(d) Within three (3) months of employment in child care, any person having direct
contact with children shall be certified in first aid and infant/child Cardiopulmonary Resuscitation
(CPR).
(e) First aid and infant/child CPR certification must be kept current at all times for
all staff after three (3) months of employment.
(f) One (1) training hour each shall be given for first aid and infant/child CPR as
part of the Health and Safety requirement of Chapter 6, Section 7 (m) (i).
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(g) Any staff person engaged in child care twenty-four (24) hours or more per
month, having direct contact with children, and counted in staff:child ratios must complete a
minimum of thirty (30) hours of training biennially, with a minimum of fifteen (15) hours to be
completed during the first year of the facility’s training biennium.
(h) A minimum of one (1) training hour must be completed in each of the following
areas as part of the required biennial training requirements:
(i) Blood borne pathogens:
(ii) Fire safety provided by an authorized fire inspector;
(iii) Sanitation provided by an authorized health inspector; and
(iv) Recognition and reporting of suspected child abuse or neglect.
(i) Training hours earned in partial years of service will be prorated.
(j) The training biennium for each facility consists of two (2) twelve (12) month
periods coinciding with the facility licensure dates. Exception: When a facility receives an initial
license, approved training hours completed by staff or auxiliary staff during the twelve (12)
months prior to the date of initial license issuance will be counted in the first training biennium.
(k) The training biennium will be shortened when a change in licensure dates occurs.
(l) No more than fifty percent (50%) of the required training hours shall be
acquired from videos and/or books, except when it is demonstrated that other training options
are not available within fifty (50) miles of the facility.
(m) Providers and directors must ensure that training hours for all staff reflect a
minimum of one-half (1/2) hour of training in each of the following areas during each biennial
training period:
(i) Health, Nutrition and Safety including how to establish and maintain a
safe, healthy environment for children; plan an appropriate nutrition program; establish and
implement emergency procedures; educate children and families about healthy, safe living,
administration of medication;
(ii) The Active Learning Environment including use of space, materials,
activities and relationships as resources for creating an indoor play environment; planning and
implementing experiences which are appropriate for the age and individual needs of children and
advances all areas of children's development;
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(iii) Guidance and Discipline including how to help children develop
independence, self control, cooperative skills, and respect for others through a variety of
positive strategies including encouragement, problem solving, modeling, prevention, and time
alone;
(iv) Child Growth and Development including understanding and promotion
of children's physical, emotional, social, intellectual, creative and language development;
observation and assessment of children's growth; and recognition of developmental delays;
(v) Family Relationships including building cooperative
partnerships/relationships with family; knowledge and respect for the beliefs, traditions and
heritage of each child; valuing the family as the child's most important teacher; knowledge of and
referral to appropriate community resources; and understanding sources of family stress;
(vi) Program Management including management and administration of
programs; organization and maintenance of records for efficient operation; and cooperation with
co-workers;
(vii) Professionalism including adherence to licensing standards and other
regulations; self assessment; confidentiality; ethical practices; recognition and reporting of
suspected child abuse or neglect; and
(viii) Uniqueness and Cultural Diversity including adaptation of environment
and activities to meet special needs of children; including foods, music, clothing, costumes,
utensils and other artifacts of families into daily experiences of children; and promotion of the
appreciation of the uniqueness of each child and family.
(n) Whenever four (4) or more infants are enrolled, at least one (1) staff person
working directly with infants will provide satisfactory evidence of eight (8) hours specialized
training in the care of infants.
(o) All staff caring for infants shall complete a minimum of four (4) hours of
specialized infant/toddler training as part of their biennial training requirements.
(p) Proof of completion of child care training must be kept on file for all child care
staff who are required to receive training as outlined in Section 8 of this chapter.
(i) Acceptable proof of training are awards of approved training hours,
grade reports, or certification in the case of first aid and infant/child CPR.
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(ii) Documentation of all training shall be maintained on-site in the facility's
files, except in the case of multiple location facilities where staff training records may be kept in
a central location.
(q) Training must be approved by the Department of Family Services before credit
will be allowed. Training sponsored by an accredited college or university does not require
Department of Family Services approval if it is related to the care of children. Each college
credit hour will equal fifteen (15) clock hours.
(r) Training hours may be obtained from a community college, university, child care
organization, provider sponsored training, correspondence courses, training given by other
agencies and organizations or using material from the Wyoming Childcare Clearinghouse.
(s) Any staff member who has a professional certificate or license requiring
continuing education hours (CEU’s) in the area of child development or growth, may apply
those hours to meet child care licensing requirements.
(t) The training can only be applied to the child care training requirement during the
two (2) year training period it was received with the exception of hours awarded in Section 7
(b) of this chapter.
Section 8. Records and Reports.
(a) Child care facilities shall maintain complete administrative, staff and children’s
records as required for licensing on-site. All records must be maintained for a minimum of three
(3) years.
(b) The confidentiality of all personnel and children's records shall be maintained.
Personnel and children's records shall be available, upon request, to authorized personnel of the
Department.
(c) If records for multiple location facilities are kept in a central file, duplicate
records for children shall also be kept on file at the facility attended by the child. Only staff
records necessary for an emergency are required on site where the staff member is assigned.
All other staff records may be kept in a central location.
(d) Administrative records shall include:
(i) Attendance record for each child to include dates attended, and
arrival/departure times;
(ii) Current health inspection report;
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(iii) Current fire inspection report;
(iv) Private water testing reports if required; and
(v) Current Department of Family Services licensing inspection.
(e) Staff records shall include:
(i) Name;
(ii) Address;
(iii) Telephone number;
(iv) Work experience;
(v) Three (3) documented references from individuals unrelated to the
applicant and who have personal knowledge of the person’s ability to care for children to
include the name, address and telephone number of references and date contacted;
(vi) TB test results as required in Chapter 6, Section 6;
(vii) Names, addresses and telephone numbers of persons to be notified in
the event of an emergency;
(viii) Date of hire or beginning service;
(ix) Documented proof of all training received by staff to include the number
of hours of training, dates and titles of training;
(x) Dates, hours worked and area of responsibility. This applies to staff,
volunteers, and substitutes that are counted in staff:child ratios;
(xi) Results of criminal background prescreen or full criminal background
check if indicated by the prescreen, Central Registry and any other background checks for all
staff and auxiliary staff must be kept on file by the provider/director;
(xii) Date of birth for all staff and auxiliary staff; and
(xiii) A physician’s statement may be required when there is a question of
ability of a staff member to provide safe and adequate care for children.
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(f) Individual child's records shall include:
(i) The child's full name, birth date, current address and date of enrollment;
(ii) Name, home and employment address and phone number of parent(s)
or the person(s) legally responsible for the child;
(iii) Telephone numbers or instructions as to how the person(s) responsible
for the child may be reached during the hours the child is at the facility;
(iv) Names, addresses and telephone numbers of persons authorized to
take the child from the facility;
(v) Names, addresses and telephone numbers of person(s) who can
assume responsibility for the child in the event of an emergency, if parent(s) or guardian(s)
cannot be reached immediately;
(vi) Name and telephone number of the child's physician and dentist;
(vii) Health information including chronic physical problems and pertinent
social information on the child and his family;
(viii) Immunization records and reports shall be completed and maintained by
the provider as required by W.S. 14-4-116 and the Department of Health, Immunization
Program. In programs that are operated on a drop-in basis, immunization records for children
are not required, but recommended to be on file. If attendance on a drop-in basis exceeds
thirty (30) calendar days, immunization records are required;
(ix) Written authorization from parent(s) or guardian(s) for the child to
participate in field trips or excursions, whether walking or riding;
(x) Written authorization from parent(s) or guardian(s) for the child to be
transported;
(xi) Written authorization from parent(s) or guardian(s) for emergency
medical care;
(xii) Injury and illness record;
(xiii) Reports of injury or illness occurring while a child is in care requiring
hospitalization, or treatment by a physician or the occurrence of the death of a child; and
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(xiv) All records for children actively participating in a program must be
reviewed and updated annually.
(g) All child care facilities shall, within twenty-four (24) hours, report to the child
care licenser for their county, any injury which occurs at the facility and which results in medical
treatment, hospitalization or death. A written report shall be sent to the child care licenser within
three (3) days of the incident. The death of any child in care, regardless of cause, must be
reported.
(h) All staff are required by the Child Protective Services rules to report cases of
suspected child abuse or neglect. A provider, director or their staff shall report immediately to
the Department of Family Services office in their county or local law enforcement any
circumstances indicating that a child in care may have been subjected to abuse or neglect.
Section 9. Exclusion From Care.
(a) Any child who cannot participate in a regular child care program due to
discomfort, injury or other symptoms of illness may be refused for care by the facility staff.
(b) A facility serving well children may not admit a child who has any of the
illnesses/symptoms of illness specified below:
(i) Diarrhea, when it is:
(A) Due to disease spread by fecal contamination as determined by
a physician;
(B) Accompanied by evidence of dehydration or fluid loss,
identified by sunken eyes or poor skin elasticity;
(C) Accompanied by abnormal stools with blood or mucous;
(D) Accompanied by a history of poor fluid intake or unusual
drowsiness; or
(E) Continued beyond four (4) days unless a physician provides
written documentation that it is safe to readmit the child for care.
(ii) Severe pain or discomfort;
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(iii) Two (2) or more episodes of acute vomiting within a period of twentyfour
(24) hours;
(iv) Difficult or rapid breathing;
(v) Yellowish eyes or skin;
(vi) Sore throat with a fever over 102°F or severe coughing;
(vii) Untreated head lice or nits;
(viii) Untreated scabies;
(ix) Children suspected of being in contagious stages of chicken pox,
pertussis, measles, mumps, rubella or diphtheria; or
(x) Skin rashes, excluding diaper rash, lasting more than one (1) day.
(c) Children with the following symptoms should be excluded from child care unless
they are under the care of a physician, and the physician has approved in writing their return to
child care:
(i) Skin rashes, excluding diaper rash, lasting more than one (1) day;
(ii) Swollen joints or visibly enlarged lymph nodes;
(iii) Elevated oral temperature of 102°F or over; or
(iv) Blood in urine.
(d) Other conditions as may be determined by the health consultant or provider on
an individual basis.
(e) The parent shall be notified immediately when a child has symptoms requiring
exclusion from care. The child care facility must provide adequate separation and direct
supervision of a sick child until they can be removed from the facility.
Section 10. Confidentiality.
(a) Department of Family Services records concerning the licensing of facilities are
open to public inspection.
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(b) The provider and the Department shall make all required inspection reports
available for public inspection.
(c) Any person who files a request as outlined below may review complaint
investigations dealing with non-child protection issues completed by the Department of Family
Services.
(d) Anyone wishing to read or obtain information from a record must make a
written request to the Department stating their reasons for needing the information.
(e) Parts of the record that are not available for public inspection are:
(i) Names of children, their relatives, and complainants are confidential and
shall be deleted from the record upon such inspection. All facts learned about children and their
relatives shall be treated as confidential both by the facility and the Department;
(ii) References received by the Department for licensing purposes are
confidential and unavailable for inspection; and
(iii) All reports relating to child abuse or neglect investigations or complaints
are confidential and unavailable for public inspection.
Section 11. Overnight Care of Children.
(a) Whenever any facility cares for children past 7:00 p.m., the following rules will
apply in addition to all other rules and regulations specific to the type of facility.
(b) Children must receive a full meal by 8:00 p.m. Children who are in attendance
overnight must also receive breakfast unless released to the parent before 8:00 a.m.
(c) Children sleeping at the facility shall have separate cots or beds on which to
sleep.
(d) Sleep areas must be arranged in accordance with health and sanitation rules and
regulations as outlined in Chapter 10, Section 4 (xxv) of these rules.
(e) Children of the opposite sex over six (6) years of age shall have separate
sleeping areas.
(f) Inflatable beds shall not be used for children under the age of twenty-four (24)
months and when used for children twenty-four (24) months and older, the inflatable beds must
be properly inflated and in good repair.
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(g) In Family Child Care Homes (FCCH) and Family Child Care Centers (FCCC)
a sleeping child(ren) must sleep on the same level as the staff person and the staff person must
be able to hear the child(ren).
(h) In Child Care Centers (CCC), adult staff must be awake and on duty at all
times when children are sleeping. Group size may be relaxed and staff:child ratio reduced to
one (1) staff member in each sleeping area as long as all children are sleeping and that staff
person has a clear view of all children. Other facility staff may be excused for other activities,
however, overall staff:child ratios within the facility must be maintained at all times. When any
child awakens, relaxed staff:child ratios can no longer be used.
(i) In all licensed facilities there must be a staff person awake and on duty to
release or receive a child.
(j) All additional fire or health regulations identified by an authorized inspector must
be in compliance.
Section 12. Hazardous Conditions.
A facility shall be maintained free of conditions hazardous to the physical well-being of
children.
(a) Decks, porches, steps, stairs and walkways shall be maintained in good repair
and safe condition. Stairs, decks and elevated porches shall have sturdy railings, child safety
gate or guard rails to prevent falls, entrapment or other accidents. (See Chapters 11 and 12.)
(b) Play areas, equipment, and toys shall be maintained in a safe condition.
(c) Children shall not have access to cords or ropes, such as, but not limited to,
venetian blind cords or electrical cords.
(d) Potentially dangerous or unsafe items shall be made inaccessible to children as
required in Chapter 10, Section 4 (xxvi), Chapter 11, Section 8 and Chapter 12, Section 12.
(e) Cupboards and drawers that contain unsafe items shall have child proof locks
(i.e., cleansers, sprays, razors, knives, scissors, plastic sacks, alcohol).
(f) All rooms used by children shall be adequately heated, cooled, lighted, and
ventilated.
(g) Unused electrical outlets shall be covered with safety caps.
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(h) Any appliance too hot to touch shall be made inaccessible to children unless its
use is for an activity directly supervised by an adult.
(i) All heating appliances, if too hot to touch, shall be screened or not used when
the child care is in operation. If they are not used, a note will be made on the inspection form to
indicate the provider's acceptance of this requirement.
(j) Electric fans shall be out of the reach of children or shall be fitted with an
appropriate mesh to prevent access by children.
(k) Chemicals shall not be used around children or in a manner that will contaminate
play surfaces, food, or food preparation areas.
(l) Whenever swimming or wading pools are present or in use, the following shall
apply:
(i) Facility policy must include written safety procedures outlining
conditions for use of a swimming or wading pool and be given to parents and staff;
(ii) Written parental consent is required for use of a swimming or wading
pool;
(iii) An adult must be present at all times when a swimming or wading pool
is available. Children shall not be left unattended in a swimming or wading pool;
(iv) Swimming pools must not be accessible to children. They shall be
fenced or enclosed to restrict uns