(a) The selected child care provider shall: - (i) Be someone other than a mother, father, stepparent, member of the assistance unit, or foster parent who keeps or cares for a minor at the request of the parent(s)/caretaker(s) or an agency that is legally responsible for the child and receives payment for that care.
- (ii) Be at least 18 years old or be emancipated.
- (iii) Be licensed by the State of Wyoming unless the provider is legally exempt from licensing.
- (iv) Provide care within the State of Wyoming.
- (v) Complete the provider registration process.
- (vi) Complete pre-service orientation training.
- (vii) Annual physical inspection of non-relative providers.
- (viii) Meet all state, local, and federal laws related to operating a child care business.
- (ix) Meet the minimum health and safety standards including:
- (A) An operable smoke alarm or detector shall be installed on all floor levels and:
- (B) The use of tobacco, illegal drugs and or consumption of alcohol is prohibited during of hours of operation and;
- (C) An operable telephone shall be available where the child care takes place;
- (D) Weapons, ammunition, poisons, chemicals, bleach and cleaning materials shall be locked up to make them inaccessible to children;
- (E) Current certification in infant/child CPR and first aid training shall be maintained;
- (I) Verification shall be submitted to the local DFS office within 90 days of initial registration as a legally exempt provider; and
- (II) Verification shall be submitted to the local DFS office prior to approval as a legally exempt provider when the provider was previously terminated for failure to submit required verification;
- (F) The provider shall keep attendance and immunization records of the children;
- (G) All medications safely stored and according to directions;
- (H) The overall condition of the child care facility and grounds, including play areas, equipment, and toys shall be maintained in a clean, uncluttered, safe condition and free of hazards, including items that may cause heat injuries;
- (I) Unused electrical outlets shall be covered with safety caps;
- (J) Fire exits shall be clear and exit doors remain unlocked or have locks allowing all parties to safely exit;
- (K) Serious injuries and deaths shall be reported to DFS and kept on file;
- (L) Awake infant and toddlers shall be directly supervised by staff at all times. Child in kindergarten or under six (6) years shall be directly supervised outside; and
- (M) Infants shall be placed on a firm flat surface, on their back to sleep, without anything over their head or face. Lighting in the sleep area shall be sufficient.
- (x) The provider shall furnish the name, Social Security Number and a signed authorization of release from all adult household members, staff and any substitute provider(s) who have access to the child(ren) placed in care.
- (A) The provider shall be held responsible for the actions of any employee, substitute or household member who has contact with the child(ren) while the child(ren) is in care.
- (B) Refusal of the provider to furnish the name(s) and Social Security number(s); or the presence of any person(s) in the child care facility against whom there has been substantiated child abuse or neglect may make the provider ineligible to receive payment from DFS for child care services.
- (xi) A fingerprint based national criminal history record check (initially and every five (5) years) and Wyoming Central Registry Check shall be completed initially and annually) for the applicant, all staff, and all adult household members, including any adult who intends to move into the home, which does not reveal any disqualifying information.
- (xii) Allow parental access any time during business hours.
- (xiii) Make the Provider Registration Form available for public viewing upon request.
- (xiv) The substitute provider shall meet the minimum health and safety standards and complete the provider registration process if the care goes beyond 24 hours during a month because the provider is no longer considered a substitute.
- (xv) Maintain attendance records for each child in care and other evidence services were provided for a period of three (3) years, in accordance with each authorization and make these records available to state and federal auditors upon request.
(b) Payment for provider services shall be allowed only to providers who meet the criteria listed in (a) above as verified by the parent(s)/caretaker(s).
(c) Payment for provider services shall not be allowed: - (i) For the period of time the provider is in violation of any federal, state, or local law, rules and/or regulation applicable to a child care business.
- (ii) When abuse or neglect has been substantiated, against the provider, staff or other household member(s), unless a good cause determination has been made.
- (iii) When one (1) of the natural, adoptive parents or stepparents is in the home and available to care for the child(ren) unless the child(ren) would be be at risk of neglect or abuse as verified by Child Protective Services (CPS) if the stepparent or the grandparent in a minor parent situation provides the care.
- (iv) An E & T participant is not entitled to the dependent care reimbursement if a member of the E & T participant's SNAP assistance unit provides the dependent care services.
(d) The child care provider is not considered a State of Wyoming or DFS employee.
(e) The child care provider shall complete the prescribed DFS form for child care expenses and return it to the DFS-FO as necessary. - (i) The DFS payment amount shall cover and not exceed the actual eligible authorized hours used at the lowest rate of the actual charge, local market rate, or statewide limit.
- (ii) Payment is not allowed to more than six (6) providers per child within a 12 month period unless good cause has been established by DFS.
(f) The State of Wyoming and DFS have no responsibility for unpaid bills for child care fees charged above state rates or for the parent's/caretaker's obligation for the cost of care.
(g) The provider has the right to establish the child care rates for his/her facility. - (i) The rates charged to those receiving assistance from DFS shall be the same rates as those charged to non-DFS clients.
- (ii) When the provider has a rate other than hourly, the provider's rate shall be converted to an hourly scale. The rate paid on the hourly scale cannot exceed the provider's daily, weekly, or monthly maximum rate.
- (iii) Providers shall submit any change of their rates to DFS using a prescribed DFS form and a copy of the rate sheet they use for non-DFS clients.
- (iv) DFS shall use the new rate when the provider submits the new rate more than five (5) working days prior to the effective date of the change. When the new rate is submitted less than five (5) working days prior to the change, the new rate shall be effective five (5) working days after it is received. The new rate applies only to authorizations written after the rate change.
(h) When a provider requests an administrative hearing on action taken by the Child Care Licensing Unit, payments may continue during the administrative process, unless there is a substantiated child abuse or neglect case.
049-1 Wyo. Code R. § 1-14