Adult Protective Services (APS) Policy Manual - Wyoming Department of Family Services

1.1 Adult Protection Teams and Adult Fatalities

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Adult Protective Services POLICY: Adult Protection Teams and Adult Fatalities POLICY NUMBER: 1.1
EFFECTIVE DATE: 03-01-2015	Current: 2015 Revised: 03-01-2015 Original: 10-2013

Purpose
1. Adult Protection Teams are created and operated to assure the safety and well being of vulnerable adults by promoting better coordination of adult protection activities among the Department of Family Services (DFS) and other community members. In addition, the fatality of a vulnerable adult may be reviewed and is reportable to DFS administration.
Procedure
1. Community Adult Protection Teams
  1. Formation and Membership. The DFS District Manager shall encourage and assist in forming the Community Adult Protection Team. If the DFS District Manager chooses not act as chair, the team may elect its own chairperson. Each community has unique needs and resources and may create the team in a way that best serves that particular community.¹Examples of potential members include, but are not limited to:
    1. 1) Animal Control Officer;
    2. 2) District/County Attorney;
    3. 3) Department of Family Services, Adult Protective Services Caseworker;
    4. 4) Department of Family Services, Benefit Specialist;
    5. 5) Department of Behavioral Health, Developmental Disabilities Specialist;
    6. 6) Department of Behavioral Health, Office of Health Licensing and Survey;
    7. 7) Law enforcement representative;
    8. 8) Medical professional(s);
    9. 9) Mental health professional;
    10. 10) Public health nurse;
    11. 11) Senior citizen center staff;
    12. 12) Domestic Violence Counselor/Advocate
    13. 13) Financial (bank or lending institution)
    14. 14) Aging and Disability Options Counselor
    15. 15) Emergency Medical Technician (EMT)
  2. b. Documentation of the number of meeting and education presentations done in the previous year shall be included on the current APS 20.
  3. c. Operating Policies and Activities
    1. 1) By January of each year each Community Adult Protection teams shall develop the Adult Protection Team Annual Plan, (APS- 20). The Annual Planshall be completed in triplicate. Copies shall be provided to the State Adult Protective Services Office, the local office and the Community Adult Protective Services team. The Annual Planis available as an electronic template in WORD. At a minimum, theAnnual Planshall include operating policies that describe:
      1. a) How the team handles confidentiality;
      2. b) The general composition of the team by discipline;
      3. c) Frequency of meetings (to be held quarterly at a minimum);
      4. d) Proposed public education projects; and
      5. g) The plans shall project the upcoming year and number of meetings and educational presentations from the previous year.
      6. h) Report on the completion or status of the previous year’s goals, trainings for team members, and public education projects;
      7. i) Operating plan criteria for selecting cases to staff/review
    2. 2) The Annual Plan shall reflect input from members and shall be created in partnership with the members.
    3. 3) The National Center on Elder Abuse²has many resources available to assist the efforts of adult protection teams.
2. State Level Adult Protection Team
  DFS shall form a State Level Adult Protection Team. Team membership may consist of representatives from other state agencies, and community members who have the appropriate expertise and/or interest within the adult protection arena. Activities of a State Level Adult Protection Team may include the same or similar activities of local teams or include additional activities as identified by the team.
3. 3. Confidentiality and Case Review Activities
  1. Confidentiality Statement
    1. 1) Community Adult Protection Team members may advise DFS staff in determining appropriate actions regarding case determinations. To better facilitate this process, DFS is authorized to disclose information relevant to the case to Community Adult Protection Team members and members of the State Adult Protective Services Team who sign a Confidentiality Agreement (Adult Protection Team,Confidentiality Agreement(APS-22), and Form Instructions. Information may be shared from cases determined to be substantiated as well as those determined unsubstantiated and those yet to be determined.
    2. 2) The Confidentiality Agreementis available as an electronic template in WORD and shall be signed by all persons who attend Community and State Adult Protection Team case staffings prior to a discussion of a case involving a vulnerable adult. Signed Adult Protection TeamConfidentiality Agreementsare required for all cases whether brought by the DFS Caseworker or other professional(s) in attendance at the meeting.
  2. b. Maintenance/Storage of Records
    1. 1) The person designated as Secretary of the Community and State Adult Protective Services teams shall file signed Confidentiality Agreementssequentially by date of the meeting with all other Community and State Adult Protective Services documents.
    2. Records of the Community and State Adult Protective Services teams shall be confidential.³Information contained in those records shall not be disclosed to the public in any manner that will identify any individual. Disclosure of information not directly related to the provision of adult protective series is a misdemeanor offense.⁴
4. 4. Fatality of a Vulnerable Adult
  When a death occurs that may be related to abuse, neglect, exploitation, abandonment, or self-neglect a review of the circumstances is warranted and the following procedures shall apply:
  1. a. The DFS Caseworker to notify the DFS District Manager when he/she learns of the death of a vulnerable adult alleged to be the result of abuse, neglect, exploitation, abandonment, or self-neglect. The DFS District Manager shall notify the Administrator of the Social Services Division.
    1. A copy of the Intake Report, (APS-1-A) shall be e-mailed as an attachment to the DFS District Manager, the Director of DFS and the Administrator of the Social Services Division.
  2. Within seven (7) days after receiving notification of a fatality alleged to be the result of abuse, neglect, exploitation, abandonment, or self-neglect, the DFS District Manager shall review the case. The review process shall include a review of all materials and information necessary, including but not limited to:
    1. 1) Law enforcement reports;
    2. 2) The coroner's report;
    3. 3) Fire marshal’s report, when applicable; and
    4. 4) Any medical/autopsy reports, when available.
  3. c. The DFS District Manager, in cooperation with the DFS Caseworker, shall complete a report of the major injury/fatality within thirty (30) days after the investigation is completed and report his/her findings, in writing to the DFS District Manager and the Administrator of the Social Services Division. The report shall be submitted using the Adult Fatality Review Report Form,(APS-51).
  4. d. When law enforcement is involved in investigating the death of a vulnerable adult and/or criminal prosecution is being considered or is in progress, the DFS District Manager may request a delay of the review which shall not exceed sixty (60) days from the time of death without approval of the Administrator of the Social Services Division. All decisions shall be documented in the case file and reasons for the delay shall be specifically stated.

1W.S. 35-20-104 (vi)

2National Center on Elder Abuse (http://www.elderabusecenter.org)

3W.S. 5-20-108 and 35-20-116.

4W. S. 35-20-112

1.2 Intake and Track Assignment

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Adult Protective Services POLICY: Intake and Track Assignment POLICY NUMBER: 1.2
EFFECTIVE DATE: 01-13-2014	Current: 2014 Revised: 01-2014 Original: 2004

Purpose
Intake is the first stage of the adult protection process which allows the Department of Family Services (DFS) to gather sufficient information from a reporter and DFS records to identify and locate the vulnerable adult. The information gathered helps determine if the referral meets the statutory definitions of adultabuse and/or neglect, helps assess the seriousness of the vulnerable adult and possibly the family’s situation and if the referral is within the scope of Adult Protective Services (APS).¹The expectation is that an individual centered, strengths-based approach is implemented so the reporter is able to voice his/her concerns and DFS can understand the relationship of the reporter to the vulnerable adult as well as the motives of the reporter.
Procedure
1. Process
  1. DFS Data System. A referral of suspected abuse and/or neglect shall be taken and entered into the DFS Data System as soon as possible, but no later than the next workday following the receipt of the referral.²The Medicaid Fraud Control Unit shall be notified at the time of intake if there is a Medicaid nexus.
    1. 1) Reporter Information. All information about the reporter shall be documented (i.e. name, address, phone number and relationship to the vulnerable adult).
    2. 2) Referral Information. The DFS Caseworker shall collect pertinent information from the reporter related to the following:
      1. a) Vulnerable adult’s information;
      2. b) The vulnerable adult’s caregiver or family information;
      3. c) Alleged perpetrator(s)’s information;
      4. d) Other household members;
      5. e) Address and phone number(s);
      6. f) Allegations;
        
        Collect as much specific information from the reporter, including, what, where and when the incident occurred.
      7. g) Person having legal authority information, if applicable;
      8. h) Prior history;
      9. i) Collateral contacts;
      10. j) Other concerns:
        
        (1) Domestic violence in the home;
        
        (2) Family member’s, caregiver’s or vulnerable adult’s drug/alcohol use;
        
        (3) Physical and/or mental health issues; and/or
        
        (4) Special needs for any family members or for the vulnerable adult.
      11. k) The strengths of the vulnerable adult and the vulnerable adult’s culture; and
      12. l) Safety factors (i.e. guns, knives, or other weapons in the home;violent and/or threatening behaviors; manufacturing or use of methamphetamine or other drugs; and/or safety threats);
      13. m) In the case the information indicates an allegation of withholding medically indicated treatment from a vulnerable adult with life threatening conditions, the DFS Caseworker shall inquire about the condition of thevulnerable adultand whether thevulnerable adult may die or suffer harm within the immediate future if medical treatment or appropriate nutrition, hydration, or medication is withheld.
  2. Once the intake is complete, the DFS Caseworker shall give it to a supervisor or designee immediately.³
    1. Verification. The verification process shall begin after the office receives a referral alleging abuse and/or neglect and shall include gathering sufficient information to enable the DFS Caseworker to:⁴
      1. a) Identify and locate thevulnerable adult;
      2. b) Identify and locate a person who may have legal authority for the vulnerable adult;
      3. c) Determine if the referral requires special investigation; and
      4. d) Assess the seriousness of the situation, consider the urgency for response, and initiate the safety assessment.
        
        (1) Immediate Response. The DFS Supervisor shall determine the need for immediate response.In-person contact shall be immediately attempted (and made no later than twenty-four (24) hours after receipt of the referral) with the alleged victim and/or family when the referral alleges any of the following:⁵
        
        A major injury;
        
        A vulnerable adult who is suffering from acute and untreated medical conditions;
        
        A vulnerable adult who is in immediate need of food;
        
        In addition to abuse and/or neglect, thevulnerable adult or caregiver is psychotic, behaving in a bizarre manner or acting under the influence of drugs or alcohol;
        
        Bizarre punishment or torture;
        
        In addition to abuse and/or neglect, thevulnerable adult is suicidal;
        
        Involving abandonment;
        
        Doctors and hospital emergency rooms concerning a vulnerable adult under their care;
        
        Family, individuals or caregivers who state they are unable to cope and feel they will hurt or kill the vulnerable adult;
        
        When it is likely the vulnerable adult, alleged perpetrator or caregiver may flee the area;
        
        The need for protective custody or emergency services is indicated;
        
        The use or manufacture of methamphetamine; and/or
        
        Withholding of medically indicated treatment from thevulnerable adult with life-threatening conditions.⁶
    2. Collateral contact. The DFS Caseworkermay make collateral contacts for the purpose of assessing safety, clarifying, or establishing the credibility of the referral, and to help determine the appropriate track.⁷
      1. a) Collateral contacts shall not be considered as initiating an investigation or assessment unless the referral is subsequently accepted.
      2. b) Law enforcement, DFS Benefit Specialists, medical personnel, public health, mental health,in-home service providers, developmental disabilities may be used as collateral contacts.
    3. 3) The DFS Caseworker shall check records to obtain pertinent information, including past DFS involvement, which may include, but not limited to:⁸
      1. a) Data System focusing on Central Registry, narrative and history;
      2. b) DFS files;
      3. c) Police records (APS-30); and/or
      4. d) APS records from other states if the DFS Caseworker believes it to exist.
    4. 4)The Health Insurance Portability and Accountability Act (HIPAA) is applicable to APS which allows for covered entities to disclose protected health information related to victims of abuse, neglect or domestic violence.⁹If the vulnerable adult is present to agree or object to the disclosure or the vulnerable adult is unable to consent the entity may disclose only the protected health information relevant to APS’ involvement with the vulnerable adults’ health care.
    5. 5) Accept or Reject Referral. The referral shall be rejected or assigned by the DFS Supervisor within twenty-four (24) hours and documented in the DFS Data System as the reason for the track assignment.
      1. Accepted Referrals. An intake shall be assigned to the Investigation Track or Assessment Track if the referral meets the definition of abuse and/or neglect,¹⁰or the Prevention Track if there are no allegations of abuse and/or neglect but risk factors and services to the vulnerable adult could prevent abuse and/or neglect from occurring.
        
        (1) Definitions
        
        (a) Abuse ofa vulnerable adult means the intentional or reckless infliction, by the vulnerable adult’s caregiver, person of trust or authority, professional, family member or other individual of injury; unreasonable confinement which threatens the welfare and well being of a vulnerable adult; cruel punishment with resulting physical or emotional harm or pain to a vulnerable adult; photographing vulnerable adults in violation of W.S. 6-4-304(b); sexual abuse; intimidation; or exploitation.¹¹
        
        (b) Neglect of a vulnerable adult means the deprivation of, or failure to provide, the minimum food, shelter, clothing, supervision, physical and mental health care, other care and prescribed medication as necessary to maintain a vulnerable adult’s life or health, or which may result in a life-threatening situation.¹²
        
        (2) Tracks
        
        Investigation Track. After a referral has been accepted, it shall be assigned to the Investigation Track if the referral alleges abuse and/or neglect and meets the criteria for the Investigation Track.¹³The criteria includes:
        
        Criminal charges appear likely;
        
        Avulnerable adult is suffering from an acute, untreated medical condition;
        
        It is likely the vulnerable adult will need to be removed from his/her home;
        
        Adultfatality;
        
        Major injury;
        
        Sexual abuse; and/or
        
        Abandonment or exploitation.
        
        Assessment Track. After a referral has been accepted, it shall be assigned to the Assessment Track if the referral alleges abuse and/or neglect but does not meet the criteria for the Investigation Track.¹⁴
        
        Prevention Track. After a referral has been accepted, it shall be assigned to the Prevention Track when there are noallegations of abuse and/or neglect but there are identified risk factors that indicate the need for services to prevent abuse and/or neglect.¹⁵
        
        (3) Case Assignment. The DFS Supervisor shall assign the accepted referral under the vulnerable adult’sname and shall document in the narrative why the case was assigned under the specific track. Referrals for vulnerable adults shall not be rejected if the events took place more than six (6) months prior due to the fact that the vulnerable adult’s needs and physical condition may have changed considerably.
      2. b) Rejected Referrals. Rejection of a referral requires DFS supervisory authority within twenty-four (24) hours and document in the DFS Data System as to the reason for the rejection. The following referrals may be rejected:¹⁶
        
        Referrals in which the reporter can give no credible evidence or reason to suspect that abuse and/or neglect has occurred;
        
        Referrals in which insufficient information is given to identify and/or locate the vulnerable adult;
        
        Referrals involving physical or sexual assaults on the vulnerable adults by anyindividual which are criminal issues and referred to law enforcement; and/or
        
        Referrals involving an individual or caregiver who has committed a sexual offense and has already entered an appropriate treatment program that will adequately address his/her offender behavior, and the victim(s) has or is receiving appropriate treatment.
        
        (a) Closed Referrals. An intake may be closed as unfounded with DFS Supervisor approval.
        
        (b) Information and Referral. If the referral is not accepted, the DFS Caseworker shall make a referral for services to other community resources, agencies or DFS programs.
2. 2. New Referrals
  1. a. DFS shall initiate a new intake of abuse and/or neglect discovered during the course of an assessment or investigation.
  2. b. If a new incident is discovered while conducting an investigation or assessment, the new referral shall be assigned to the appropriate track based on the track criteria outlined in DFS rule and policy.
3. 3. Transfer of Intake. If a referral of abuse and/or neglect occurred in another county, the DFS Caseworker orDFS Supervisor shall call the appropriate office to advise them of the intake and ask whom to assign the referral to in the DFS Data System.

1W.S. 35-20-102

2APS Rules, Chapter 2, Section 2(a)

3APS Rules, Chapter 2, Section 2(i)

4APS Rules, Chapter 2, Section 2(c)

5APS Rules, Chapter 2, Section 4(a)

6W.S. 35-20-102(xi)

7APS Rules, Chapter 2, Section 2(i)

8APS Rules, Chapter 2(d)

945 CFR 164.512

10APS Rules, Chapter 2, Section 2(j)

11W.S. 35-20-102(ii)

12W.S. 35-20-102(xi)

13APS Rules, Chapter 2, Section 5

14APS Rules, Chapter 2, Section 4

15APS Rules, Chapter 2, Section 3

16APS Rules, Chapter 2, Section 2(h)

1.3 Case Management

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Adult Protective Services POLICY: Case Management POLICY NUMBER: 1.3
EFFECTIVE DATE: 3-31-2014	Current: 2013 Revised: 3-31-2014 Original: 2004

WYOMING

DEPARTMENT OF FAMILY SERVICES

CHAPTER: Adult Protective Services
POLICY: Case Management
POLICY NUMBER: 1.3

EFFECTIVE DATE: 3-31-2014

Current: 2013
Revised: 3-31-2014
Original: 2004

Purpose
It is the vision of the Department of Family Services (DFS) that families and communities share in the support of vulnerable adults to ensure their safety and well being. Every action taken by Adult Protective Services (APS) must balance the duty to protect the safety of the vulnerable adult with the adult’s right to self-determination.
Procedure
1. l. Efforts to Locate and Notify Others
  1. Cases involving vulnerable adults often involve others either directly or indirectly. Caregivers, family members, an agent under a power of attorney, physicians and neighbors may be critical elements in making an accurate assessment of the vulnerable adult’s needs and in developing meaningful interventions. It may be appropriate for the DFS Caseworker to initiate an accurint search for family.
  2. When the caregiver, any agent(s), guardian, and next of kin are identified, a copy of the APS Pamphlet(APS 3N) shall be provided to him/her and to the vulnerable adult.
2. 2. Assessing the Vulnerable Adult’s Capacity to Consent
  1. The DFS Caseworker shall administer the Risk Assessment(APS-7) for all cases and the Risk Assessmentshall help the DFS Caseworker to:
    1. 1) Make preliminary decisions about the vulnerable adult’s capacity to consent.
    2. 2) Identify other areas which may be negatively impacting the vulnerable adult’s capacity to consent.
    3. Optional Assessments (APS Forms 8-11). The following assessments may assist the DFS Caseworker in developing a more complete picture of the vulnerable adult’s needs and abilities. The DFS Caseworker shall not make a formal determination as to one’s abilities.
      1. (1) Geriatric Depression Screening Tool(APS-11);
      2. (2) Vulnerable Adult Safety Assessment(APS-12);
      3. (3) Domestic Violence Screening Tool(APS-13); and/or
      4. (4) Mental Health Evaluation Referral Instrument(APS-14).
  2. Applying the Results of the Risk Assessment
    1. Deficiencies in All or Most Areas and No Emergency Exists.
      1. If the vulnerable adult shows deficiencies in all or most of the areas assessed has overall scores in the moderate to high-risk category on the Risk Assessment (APS-7)and appears unaware of the consequences of the present situation, the vulnerable adult may lack the capacity to consent to or reject services.
      2. If the vulnerable adult lacks capacity, and needs protective services the DFS Caseworker shall explore who is or can be designated as a legal representative for the vulnerable adult. Prior to doing this the DFS Caseworker shall contact the APS Program Analyst. If DFS locates someone to assume this responsibility the DFS Caseworker shall ensure and document that a criminal background check and the DFS Central Registry check was completed and that appropriate training is provided as to his/her role as guardian. ¹
    2. Deficiencies in All or Most Areas and an Emergency Exists or Appears Imminent.
      1. If the vulnerable adult shows deficiencies in all or most of the areas assessed, scores in the moderate to high-risk category on the Risk Assessment(APS-7) and appears unaware of the consequences of the present situation and an emergency exists or appears to be imminent, the DFS Caseworker shall:
        
        (1) Initiate a request for emergency services under the APS statute;²
        
        (2) Seek an emergency commitment under the Mental Health statute³; or
        
        (3) Initiate a request to have a guardian or conservator appointed with approval from the APS Program Analyst.
    3. Guardianship by a third party such as the Wyoming Guardianship Corporation may be an option if no other suitable person is willing or available to act as guardian. Remember that guardianship is the choice of last resort.
    4. The Representative Payee program, limited guardianships⁴and medical durable powers of attorney are other options for the DFS Caseworker to consider.
  3. Vulnerable Adult Aware of, Understands, and Accepts Risks and No Emergency Exists
    1. If the vulnerable adult expresses understanding, insight and awareness of his/her situation, shows minimal deficiencies in all or most of the areas assessed and receives an overall score in the low to moderate risk range of theRisk Assessment(APS-7), it is likely that the present circumstances are his/her choice and he/she retains the capacity to consent to or refuse services. The DFS Caseworker shall not provide services unless the vulnerable adult consents.
    2. However, there are many exceptions and in some cases the vulnerable adult expresses an awareness of his/her situation, but may still lack the capacity to consent to the provision of services. If indicated, the DFS Caseworker shall pursue arranging a professional mental capacity evaluation.
    3. Professional Evaluation. If the DFS Caseworker believes additional testing is needed to support the provision of involuntary services or in support of the appointment of a guardian, the DFS Caseworker shall attempt to make arrangements with the vulnerable adult to receive a professional evaluation. To make a referral the DFS Caseworker shall use the Mental Health Evaluation Referral Instrument (APS-14).⁵
3. 3. Emergency Services
  1. a. Provision of Services
    1. Right to Accept or Reject Services. When the DFS Caseworker offers services he/she also shall explain to the vulnerable adult that the vulnerable adult has the right to accept or reject the services. When services are needed the DFS Caseworker shall refer the vulnerable adult for the most appropriate and least restrictive and least expensive services available within the continuum of care of the community. The DFS Caseworker shall utilize existing resources which may in fact be a low cost or no cost solution to the need for services.
    2. When the Vulnerable Adult Lacks Capacity to Consent. If the DFS Caseworker believes that a vulnerable adult lacks the capacity to consent and refuses services, the DFS Caseworker may need to consider a referral for the appointment of a guardian or other court-ordered intervention as appropriate.⁶
    3. Caregiver Rejects Services. When a caregiver or family member is unwilling to accept services for a vulnerable adult, the DFS Caseworker may need to seek court intervention to prevent the caregiver or family member from interfering with the provision of protective services.⁷
    4. Timeline for Initiating Services. If the DFS Caseworker, in cooperation with the vulnerable adult whenever possible, determines that services are necessary, arrangements for services must be initiated within three(3)calendar days from the time the report or notice is received by DFS. However, services may be offered at any time during the prevention, assessment or investigation track in accordance with the Action Plan(APS-15).
    5. Authorization of services shall be approved by the DFS Supervisor or DFS District Manager except for guardian expenditures, which shall be approved by the APS Program Analyst.
  2. b. Types of Services
    Services may be provided or purchased to assist vulnerable adults to prevent or terminate abuse, neglect, intimidation, exploitation or abandonment until the emergency has been resolved. Services can only be approved one-time per year per alleged victim unless deemed appropriate after consultation with District Manager, Supervisor and State APS Program Analyst and may include, but are not limited to:
    1. 1) Payment of delinquent utility bills on a one-time basis up to $400.00 in order to restore safe living conditions.
    2. 2) Emergency, short-term in-home services (i.e. homemaker, personal care or chore services) while arranging for other long-term payment/service provider(s) not to exceed $500.00 total per case.
    3. Short-term day care/respite care, based on a sliding scale hourly rate of $4.00 to $15.00 not to exceed $120.00 per day and a total of $1,000.00 per case (if adult day care is available in the area this is the lowest cost for a needed short term service).
    4. Short-term case management services not to exceed a total of $500.00 per case.
    5. Emergency or short-term health care evaluations (i.e. psychiatric, mental capacity or medical evaluations), not to exceed a combined total of $500.00. It is recommended that the Mini Mental Status Assessment (MMSE) be administered in order to assess a need for further evaluation.
    6. Delinquent payments, if eviction is imminent or there is an immediate threat to safety. One-time service, one (1) month’s rent and or deposit, not to exceed a combined total of $1,000.00.
    7. One-time house cleaning services to allow in-home services to be provided, not to exceed $1000.00
    8. One-time purchase of prescription medication to avert a health crisis while other payment sources are being arranged, not to exceed $500.00 ( to address the immediate need until other payment sources, such as the State Prescription Drug Plan, Waiver programs are arranged).
    9. Emergency, short-term housing and transportation costs related to maintaining safety and well-being. One- time service, for one (1) month, not to exceed $900.00, which also includes any necessary transportation, to be reimbursed at .28 cents a mile.
    10. Guardianship. Emergency services funds may be used in guardianship cases for legal fees (capped at $1,000) and filing fees after discussion with the DFS District Manager and with approval by the APS Program Analyst. If court ordered, this may also include a fee for a GAL (also capped at $1,000). The cap shall not be identified to the attorney or GAL but assessed when billing per hour is submitted.⁸
  3. c. DFS Caseworker’s Role
    1. Once a specific need is identified for a vulnerable adult, the DFS Caseworker shall discuss with his/her supervisor how to meet the needs by providing and/or purchasing the service. Existing community services (including those of faith-based organizations) and economic assistance services shall be reviewed for utilization before committing or expending state funds. New services and/or providers cannot be added and rates cannot be exceeded without prior approval from the Administrator of Social Services in partnership with the DFS District Manager.
    2. The DFS Caseworker shall assist in obtaining necessary services for vulnerable adults by contracting with service providers, making appointments or by advocating on a vulnerable adult’s behalf.
    3. If part of the Action Plan(APS-15) includes one or more referrals for services, the DFS caseworker shall verify that the agency providing the services has accepted the referral and has submitted proof of insurance and/or is bonded.
  4. d. Payment for Services
    1. The APS program has a limited amount of funds available to pay for one-time or short-term, crisis oriented protective services. APS emergency services funds shall not be used for recurring or ongoing service/ needs.
    2. All other potential sources of low-cost, no-cost community services shall be explored prior to requesting funds from the APS program. Examples of services and/or payment sources include, but are not limited to:
      1. Public Health Nursing to access home care or long-term care services (LT-101).
      2. Department of Health, Aging Division through the local Senior Center or other local provider.
      3. Department of Health, Medicaid Division through the local DFS Benefits Specialist.
      4. Department of Health, Behavioral Health Division for mental health needs through the local Community Mental Health Center.
      5. Department of Health, Behavioral Health Division, developmental disabilities program.
      6. Domestic Violence Programs and shelters for services or the Wyoming Attorney General’s Office, Division of Victim Services to explore the availability of Crime Victims Compensation.
      7. Local Community Action Centers, Salvation Army, service clubs and faith based organizations.
      8. Wyoming Senior Citizens, Inc. (Senior Companions).
      9. Payment by the guardian or conservator. If the vulnerable adult has a court appointed guardian or conservator, the court may order that the costs of the protective services be paid from the vulnerable adult’s estate. Predicted or actual costs directly associated with the provision of protective services should be recorded and receipts and related billings retained in the case file. The DFS Caseworker shall contact his/her District/County Attorney to discuss the most appropriate manner in which to petition the court for either prepayment of costs or reimbursements for costs.
  5. Monitoring Expenditures
    The APS Program Analyst shall review the DFS Data System⁹Expenditure Report by Service Type.
  6. Contracts and DFS Authorizations CAP468PI
    1. DFS Data System
      1. The DFS Caseworker shall submit a written request for services to the DFS Supervisor for approval and upon approval shall arrange for services using the contract function in the DFS Data System.
      2. The APS types are Emergency Services and Adult Guardianship. The local DFS office staff shall process payments, run reports, and maintain records.
      3. The DFS Caseworker shall specifically describe the type of services requested in the service goals section of the contract. For example, the phrase “adult care” is insufficient. “Payment of electric bill account number 1233456 for Jane Doe” is better.
    2. Documentation
      1. The DFS Caseworker shall document the request for emergency services funds in the Action Plan, including information about:
        
        Description of situation and service needs;
        
        Goal of service provision;
        
        Efforts to secure service and funding through other means;
        
        Amount of money and type of service requested;
        
        Data on service provider;
        
        Method of payment;
        
        Results of service provision/funding expenditure; and
        
        Statement of how service provision/funding protected the client and/or avoided more expensive and restrictive alternatives.
      2. The DFS Caseworker shall retain any receipts or other records of the emergency services and place in the case file.

1Resources for the training are Wyoming Guardianship, Inc., Legal Aid of Wyoming and/or a local pro/bono attorney.

2W.S. 35-20-102(C)(xii)

3W.S. 25-10-101 through 127

4Resource is the Wyoming Guardianship Corporation

5APS-14 is also available as an electronic template in WORD

6APS Policy/Interventions Requiring Legal Action

7APS Policy/Interventions Requiring Legal Action

8W.S. 35-20-105 (c) (ii)

9CAP468PI

1.4 Prevention

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Adult Protective Services POLICY: Prevention Track POLICY NUMBER: 1.4
EFFECTIVE DATE: 10-01-2013	Current: 2013 Revised: 10-2013 Original: 2004

A. Purpose
Prevention services may be offered to a vulnerable adult to help his/her support system access available services, prevent problems from escalating to a level where assessment or investigative services are required, and/or to facilitate a family partnership.
B. Procedures
1. Timelines
  1. The Department of Family Services (DFS) Supervisor shall assign cases within twenty-four (24) hours of receipt of the referral.
  2. The DFS Caseworker shall attempt in-person contact with the vulnerable adult within three (3) calendar days and offer services. In-person contact may be extended if the DFS Caseworker is unable to make contact and with DFS Supervisor approval. The DFS Caseworker shall provide the APS Pamphlet(APS 3N).
2. Cases Involving Self-Neglect Have the Highest Priority
  The priority in prevention cases are situations involving self-neglect. Generally, the prevention track is not appropriate for cases involving abuse, neglect, abandonment, intimidation or exploitation; however, there may be exceptions. The final authority to open a case to the prevention track rests with the DFS District Manager.
3. Changing Track to Assessment or Investigation
  The purpose for the contact with the vulnerable adult is to provide services if services are needed. If the DFS Caseworker observes conditions that fit the criteria for abuse, neglect, self-neglect, intimidation, or exploitation, the case shall be referred for investigation or assessment.
4. Provision of Services
  Services may be purchased or provided by DFS when an Action Plan(APS-15) is developed and the services are consistent with the Action Plan. The Risk Assessment(APS-7) may be used in developing the Action Plan.
5. Case Closure
  A case may be closed once there is verification from the agency or services the vulnerable adult was referred to have accepted the referral and this shall be documented in the case file.

1.5 Assessment Track

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Adult Protective Services POLICY: Assessment Track POLICY NUMBER: 1.5
EFFECTIVE DATE: 06-15-2015	Current: 2015 Revised: 10-2013; 6-2015 Original: 2004

WYOMING

DEPARTMENT OF FAMILY SERVICES

CHAPTER: Adult Protective Services
POLICY: Assessment Track
POLICY NUMBER: 1.5

EFFECTIVE DATE: 06-15-2015

Current: 2015
Revised: 10-2013; 6-2015
Original: 2004

Purpose
The Assessment Track is designed to create a climate in which vulnerable adults and individuals with concerns will be comfortable in acknowledging the concerns and seek assistance when there are allegations of abuse and/or neglect, but the criteria for an investigation is not met, and services to the vulnerable adult could prevent problems from escalating to a level for which an investigation is warranted.¹Outcomes of the assessment process vary depending on the preferences and needs of the vulnerable adult and the availability of resources. The cooperative development of an Action Plan(APS-15) between the DFS Caseworker and the vulnerable adult may help to clearly define the presenting issues and possible approaches.
Procedure
1. Assessment Track Process
  The DFS Caseworker shall immediately attempt in person contact when immediate response criteria is met.²
2. Initiating the Assessment
  1. The assessment process begins when a report of abuse, self neglect, intimidation, abandonment or exploitation is accepted. The DFS Caseworker shall review the Intake Report (APS-1A) and confirm the accuracy of the information contained in the report with the reporter whenever possible and to utilize collateral contacts.
  2. When DFS receives a report concerning a facility the DFS Caseworker shall notify the following agencies, as appropriate:
    1. Medical Fraud Control Unit of the Attorney General’s Office for Medicaid for all reports of abuse, neglect, exploitation, financial fraud in facilities with a Medicaid nexus;
    2. Behavioral Health, Office of Health Care Licensing and Survey or Aging Division, for all allegations of abuse, neglect and/or misappropriation of resident’s property, and all licensing violations in licensing violations in licensed, certified, and/or non-certified facilities in their jurisdiction (including the Wyoming State Hospital;
    3. Behavioral Health, Developmental Disabilities Division, for reports involving a facility licensed through that Division;
    4. Behavioral Health, Mental Health Division, for any residential program under the jurisdiction of the Division and the Wyoming State Hospital; (Wyoming Pioneer Home, Wyoming State Training School, Wyoming Retirement Center and the Veteran’s Home);
    5. Long-Term Care Ombudsman for complaints or reports from residents in facilities;
    6. State Board of Nursing for any report that involves a registered nurse, licensed practical nurse or certified nurse assistant; and
    7. Other licensing boards e.g. Occupational Therapy or Professional Teacher Standards Board.³
  3. The DFS Caseworker shall make in-person contact with the vulnerable adult within three (3) calendar days.⁴In-person contact may be extended by the DFS Supervisor if the DFS Caseworker is unable to make contact following good faith efforts. The delay shall be documented.
  4. The Risk Assessment(APS-7) may be initiated at intake when the case is accepted for assessment.⁵The Risk Assessmentshall be completed within three (3) calendar days of the receipt of the report.
  5. The time limit for completing the Risk Assessmentis triggered by the date of acceptance to the assessment track.
  6. The Risk Assessmentshall be completed with the participation of the vulnerable adult and members of the support system. The DFS Caseworker shall complete the Risk Assessmentfollowing the in-person interviews with the vulnerable adult. It may require more than one (1) visit with the vulnerable adult to adequately complete the assessment.
  7. The Risk Assessmentshall not be entered into the DFS Data System until it is complete and the case has been accepted for assessment. The DFS Caseworker shall administer the Risk Assessmenta second time, later in the case, to assist in deciding when to close the case, unless the case is being closed within 30 days of the report and there have been no noted changes.
3. Initial In-Person Interview
  During the initial in-person interview, the DFS Caseworker shall inform the vulnerable adult, guardian or agent under a durable power of attorney, of the following:
  1. DFS received a report and has the duty to assess the report.
  2. DFS shall assess the degree of risk to the vulnerable adult.
  3. DFS shall refer for investigation, if needed, to protect the vulnerable adult from abuse, neglect, intimidation, abandonment or exploitation.
  4. During the initial in-person interview with the vulnerable adult, the DFS Caseworker shall provide the APS Pamphlet(APS 3N) describing the Assessment Track and the reported concern.
  5. If the report is reassigned to the Investigation Track, the DFS Caseworker shall provide the vulnerable adult and/or alleged perpetrator with the Statement of Allegations(APS-2).
4. Collateral contacts
  The DFS Caseworker shall make collateral contacts for the purpose of assessing safety and clarifying or establishing the credibility of the report. When determining if collateral contacts should be made, the DFS Caseworker shall consider:
  1. The allegations contained in the report;
  2. The severity of the incident; and
  3. The likelihood that the collateral contact will have relevant information about the allegations or the incident.
5. Assessments involving Special Considerations and Coordination with other agencies
  1. Referrals involving the Assistance of Public Health Nursing (PHN) Services.
  2. Referrals involving the Department of Health, Behavioral Health Division.
  3. Referrals involving Two or More Districts.
  4. Referrals involving other states where the allegation occurred or the victim or perpetrator resides.
  5. Referrals involving the Wyoming Medicaid Fraud Control Unit (MFCU).
  6. Referrals involving Members of Indian Tribes.
6. Interference from Caregiver, Family or Individual
  1. If a caregiver, family member or individual refuses to allow contact with the vulnerable adult or is not cooperative, the case may be reassigned to the investigation track. If appropriate and necessary, assistance from law enforcement may be requested and an injunction may be filed to gain access.⁶
7. Assistance from Law Enforcement
  The DFS Caseworker may request law enforcement to accompany him/her when making an initial assessment without changing the report to the investigation track. There shall be a discussion with the law enforcement officer prior to the visit regarding the role each will play. The DFS Case worker shall immediately advise the vulnerable adult the reason law enforcement is involved. The reasons for requesting law enforcement shall include:
  1. Worker safety;
  2. Care provider/family/individual does not allow access to the vulnerable adult;
  3. Vulnerable adult safety;
  4. Potential for law enforcement to remove a caregiver/family/individual;
  5. Past history of domestic violence and/or drug involvement; and/or
  6. Any other additional documentation (i.e., photos in cases of self-neglect).
8. Developing an Action Plan(APS-15)
  The DFS Caseworker shall develop an Action Plan(APS-15) of intervention and referral services for the vulnerable adult that shall contain necessary actions to provide for the safety and well being of the vulnerable adult.⁷
9. Case Determination/Conclusion
  1. Case Opened: Refer for Investigation
    This disposition shall be used when the DFS Caseworker finds concerns during the initial contact regarding abuse, neglect, intimidation, abandonment or exploitation which meet the criteria for an investigation. The DFS Caseworker should consult with the DFS supervisor. If the situation appears to be an imminent concern or the vulnerable adult is in imminent danger and it is not possible to consult with the DFS supervisor, the DFS Caseworker shall take immediate action.
  2. Case Opened: Assessment Will Proceed
    This disposition shall be used when it is determined the vulnerable adult needs/wants further intervention and he/she is willing to accept an assessment and an investigation is not needed.
10. Case Opened: Requesting Preventive Services: Assessment will Proceed
  This disposition shall be used when the vulnerable adult requests preventive services. The DFS Caseworker may use the Risk Assessmentas needed, but it is not required.
11. Case Closed: No Assessment Needed: Vulnerable Adult Safe
  This disposition shall be used if it is determined at the time of the initial contact that either:
  1. The vulnerable adult feels he/she is able to resolve the issues on his/her own;
  2. The initial contact is all the intervention required; or
  3. There was no substance to the report.
12. Case Closed: Vulnerable Adult Declined Further Assessment
  This disposition shall be used when the vulnerable adult declines an assessment and, if after the completion of the Risk Assessment(APS-7); the level of risk is determined to be low. If however, the level of risk is determined to be high and the vulnerable adult has refused to work with the Department, the DFS Caseworker shall work with the DFS Supervisor to encourage the vulnerable adult to accept the case assessment.
  The case may be transferred to the investigation track when the failure to cooperate increases the risk to a level that the Investigative Track criteria are now met (i.e. There is a need to pursue an alternative living arrangement or a court-ordered disposition to which the vulnerable adult objects). However, cases involving self-neglect are never reassigned to the investigation track.
13. Case Closed: Unable to Locate
  This disposition shall be used when diligent efforts have been made to locate the vulnerable adult and the DFS Caseworker has been unsuccessful.
14. Time Limits on Open Assessment Cases
  All reports under in the Assessment Track shall, within three (3) months of DFS receiving the report, be referred to another agency or closed, unless the DFS District Manager waives closure⁸.
15. Changing Track Assignment
  1. Assessment to Investigation
    If a referral is initially assigned to the Assessment Track, it can be changed to the Investigation Track if, after the initial contact with the vulnerable adult or through a collateral contact, it is discovered criminal abuse, neglect, intimidation, abandonment or exploitation has taken place, it is likely the vulnerable adult will need to need a court-ordered intervention, or the allegation involves specific criteria for an investigation.
  2. Investigation to Assessment
    If a referral is originally assigned as an Investigation Track, it can only be changed to the Assessment Track if the factors in Section 1 above do not apply and the DFS Supervisor has approved the change. The reasoning shall be documented in the case narrative.
  3. Notice of Change of Track
    Verbal notice shall be provided to the vulnerable adult and/or his/her legal representative and alleged perpetrator as soon as possible when a decision is made to change the track assignment. Written notice using the Notice of Track Assignment Change(APS-19) shall be provided to the alleged perpetrator within seven (7) calendar days when a decision is made to change track assignment.

1APS Rules, Chapter 2, Section 4

2APS Rules, Chapter 2, Section 4(2-4)

3APS Rules, Chapter 2, Section 5(a)

4APS Rules, Chapter 2, Section 4(2-5)

5⁵APS Rules, Chapter 2, Section 4(2-5)

6W.S.§ 35-20-106

7APS Rules, Chapter 2, Section 4(i)

8APS Rules, Chapter 2, Section 4(o)

1.6 Investigation Track

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Adult Protective Services POLICY: Investigation Track POLICY NUMBER: 1.6
EFFECTIVE DATE: 06-15-2015	Current: 2015 Revised:10-2013; 5-2014; 6-2015 Original: 2004

WYOMING

DEPARTMENT OF FAMILY SERVICES

CHAPTER: Adult Protective Services
POLICY: Investigation Track
POLICY NUMBER: 1.6

EFFECTIVE DATE: 06-15-2015

Current: 2015
Revised:10-2013; 5-2014; 6-2015
Original: 2004

Purpose
The Adult Protective Service (APS) Investigation Track determines if abuse and/or neglect occurred and what interventions may be provided to prevent future abuse.
Procedure
1. Investigation Track Assignment. A referral shall be assigned to the Investigation Track if the referral meets the definition of abuse and/or neglect ¹and the criteria for the Investigation Track: ²
  1. Definition
    1. 1) Abuse- means the intentional or reckless infliction, by the vulnerable adult’s caregiver, person of trust or authority, professional, family member or other individual of injury, unreasonable confinement which threatens the welfare and well being of a vulnerable adult; cruel punishment with resulting physical or emotional harm or pain to a vulnerable adult; photographing vulnerable adults in violation of W.S. 6-4-104(b); sexual abuse; intimidation; or exploitation.³
    2. 2) Neglect- means the deprivation of, or failure to provide, the minimum food, shelter, clothing, supervision, physical and mental health care, other care and prescribed medication as necessary to maintain a vulnerable adult’s life or health, or which may result in a life-threatening situation.⁴
2. 2. Changing Track Assignment.This may be used when the DFS Caseworker finds concerns during the initial contact regarding abuse and/or neglect issues which do not meet the criteria for the Investigation Track.
  1. a. Track changes shall occur within seven (7) days of assigning the track with DFS Supervisor approval.
  2. b. The DFS Caseworker and/or DFS Supervisor shall document the decision and reason in case narrative.
  3. c. The DFS Caseworker shall inform the vulnerable adult and alleged perpetrator as soon as possible when a decision is made to change the track assignment. Written notice shall be provided to the alleged perpetrator within seven (7) calendar days of when a decision is made to change track assignment. Additionally, written notice shall be provided to the alleged perpetrator within seven (7) calendar days of when a decision is made to change track assignment Adult Protection Pamphlet(APS3N).
3. 3. Investigation Process
  1. In-person contact shall be immediatelyattempted when the vulnerable adultappears to be in imminent danger.⁵
  2. DFS shall immediately contact the appropriate law enforcement agency.⁶
  3. When DFS receives a report concerning a facility the DFS Caseworker shall notify the following agencies, as appropriate:
    1. Medical Fraud Control Unit of the Attorney General’s Office for Medicaid for all reports of abuse, neglect, exploitation, financial fraud in facilities with a Medicaid nexus;
    2. Behavioral Health, Office of Health Care Licensing and Survey or Aging Division, for all allegations of abuse, neglect and/or misappropriation of resident’s property, and all licensing violations in licensing violations in licensed, certified, and/or non-certified facilities in their jurisdiction (including the Wyoming State Hospital);
    3. Behavioral Health,Developmental Disabilities Division, for reports involving a facility licensed through that Division;
    4. Behavioral Health, Mental Health Division, for any residential program under the jurisdiction of the Division and the Wyoming State Hospital; (Wyoming Pioneer Home, Wyoming State Training School, Wyoming Retirement Center and the Veteran’s Home);
    5. Long-Term Care Ombudsman for complaints or reports from residents in facilities;
    6. State Board of Nursing for any report that involves a registered nurse, licensed practical nurse or certified nurse assistant; and
    7. Other licensing boards e.g. Occupational Therapy or Professional Teacher Standards Board.⁷
  4. DFS shall initiate a new intake if a different allegation type of abuse and/or neglect is discovered during the course of the investigation.⁸
  5. During the course of the investigation, additional reports may be received by the DFS field office regarding the same incident and are to be treated as part of the initial investigation.
  6. The investigation process may be modified with the DFS District Manager’s written approval when the investigation is conducted by law enforcement or at the request of law enforcement.⁹
  7. g. Initiating the Investigation
    1. 1) Initiating an investigation begins when the referral is assigned. The DFS Caseworker shall review the referral and confirm the accuracy of the information.
    2. 2) The DFS Caseworker shall initiate and complete an Investigation Plan (APS-17) within seven (7) days of assignment documenting the interview team, interviewees and possible evidence to be gathered.
    3. 3) In-person contact with the vulnerable adult and the alleged perpetrator(s) shall be made within twenty-four (24) hours and no later than three (3) calendar days of receipt of the referral. ¹⁰However, in sexual abuse and facility investigations, formation of the investigative team and investigative plan may take longer than twenty-four (24) hours.
      1. a) After attempting immediate initial contact, a delay of in-person contact with the vulnerable adult and alleged perpetrator(s) beyond three (3) calendar days shall be approved by the DFS District Manager or his/her designee.
      2. b) In-person contact is not required when the DFS Caseworker has made a good faith attempt to contact the subjects of the referral, but cannot locate them.¹¹
      3. c) If the DFS Caseworker is denied access to the vulnerable adult or the alleged perpetrator(s) refuses to cooperate with the investigation, the DFS Caseworker shall request assistance from law enforcement or the District/County Attorney to gain access.¹²
      4. d) The DFS Caseworker shall assess and complete the risk assessments for all accepted referrals.¹³
  8. h.Conducting Initial Interviews
    1. 1) The initial interview with the vulnerable adult, legal guardian or legal agent.
      During the initial interview with the vulnerable adult, legal guardian or legal agent, in the absence of the alleged perpetrator,the DFS Caseworker shall inform him/her that a referral has been received and DFS has duty to ensure the vulnerable adult is safe and investigate; the investigation may involve law enforcement or the court, if needed, to protect the vulnerable adult from further abuse and/or neglect. The DFS Caseworker shall provide the Adult Protection Pamphlet.
    2. 2)The initial interview of the alleged perpetrator. During the initial interview of the alleged perpetrator, the DFS Caseworker shall provide the Adult Protection Pamphlet. ¹⁴
    3. 3)Statement of Allegations. The DFS Caseworker shall send and may provide in person a Statement of Allegations (APS-2)to the alleged perpetrator’slast known address by first class mail within seven (7) calendar days of the initial interview of the alleged perpetrator.
4. 4. Investigation Conclusion and Findings
  1. Upon completion of an investigation, the DFS Caseworker shall make a final determination in the Investigation Report(APS-17A)as to whether a vulnerable adult was abused and/or neglected.The finding shall be based upon whether the information and evidence gathered during the investigation constitutes preponderance of evidenceof adult abuse and/or neglect. The finding shall be entered into the DFS Data System.¹⁵
  2. If a finding has not been determined within six (6) months of the case being accepted, the DFS Caseworker shall review the investigation with the DFS Supervisor and/or DFS District Manager and a finding shall be made based upon whether the information and evidence gathered during the investigation constitutes a preponderance of evidence of adult abuse and/or neglect. The finding shall be entered into the DFS Data System.
  3. c. If a District/County Attorney has asked a finding not be made because of a pending criminal case, or there are other reasons a finding cannot be made after six (6) months, the DFS Caseworker shall notify the DFS District Manager.
  4. d. Determination of a finding is a decision made by DFS. Findings may be made prior to or without court adjudication of the same incident. Findings are not dependent on, and may be different from, adjudicative decisions. However, a court finding of adult abuse and/or neglect shall be presumptive evidence that the report is substantiated.¹⁶
  5. e. Allegations shall be determined to be substantiated or unsubstantiated and shall be documented in DFS’s Data System. ¹⁷
    1. 1)Substantiation: Information and evidence gathered constitutes a preponderance of evidence that the vulnerable adult was abused and/or neglected.
      1. a) The following criteria shall be present:
        
        (1) The maltreatment meets the definition of abuse and/or neglect;¹⁸
        
        (2) The perpetrator is a caregiver, person of trust or authority, professional, family member or other individual;¹⁹and
        
        (3) The DFS Supervisor and DFS District Manager have reviewed the investigation report, concur with the finding, and the DFS District Manager signs the Notice of Conclusions (APS-5).
      2. b) When Law Enforcement conducts an investigation of abuse and/or neglect of a vulnerable adult independently from DFS and provides a report of the investigation to DFS, the DFS Caseworker shall review the investigation record. After reviewing the record and consulting with the DFS Supervisor, DFS District Manager and law enforcement, when necessary, the DFS Caseworker shall enter allegation information and appropriate findings into the DFS Data System.
      3. c) The DFS Caseworker may substantiate if appropriate even if no criminal charges are filed.
      4. d) DFS shall maintain, on the Central Registry, any convictions when a report is received that a person has been convicted of, or has pled guilty or not contest to a crime, which includes the abuse, neglect, exploitation, intimidation or abandonment of any vulnerable adult.²⁰
      5. e) Perpetrators of substantiated cases are placed on the Central Registry. Names of individuals, not facilities, are registered on the Central Registry. Exceptions may be made when maltreatment is likely to persist due to abusive staff, policy, or environmental factors which place vulnerable adults at risk, and the facility fails to appropriately address these factors. If a facility is placed on the Central Registry, notice of findings and client statement shall be provided to the appropriate person(s) with administrative responsibility for the facility.
    2. 2)Unsubstantiation:In the absence of preponderance of evidence of abuse and/or neglect, the allegations and the investigation shall be unsubstantiated. DFS may offer services to the vulnerable adult.²¹
  6. f. Case Follow-up
    In all cases, the DFS Caseworker may follow-up with a vulnerable adult within three (3) months of case closure to determine how the vulnerable adult is doing.²²
5. 5. Notification of Findings
  1. a. DFS shall send the Notice of Conclusions (APS-5)and Voluntary Statement (APS-6)within seven (7) calendar days of the conclusion of the investigation to the last known address of the alleged perpetrator by first class mail.²³The DFS Caseworker shall mark the “1^stClass Mail” box in the DFS Data System.
  2. b. DFS shall inform the vulnerable adult, which may include his/her guardian, of the conclusion of the DFS investigation. ²⁴DFS shall send the Notice of Conclusions to the Administrator and/or Director of Nursing in lieu of an individual being identified as the alleged perpetrator in a facility. In addition the Notice of Conclusion shall be sent to the governing body of the facility and the licensing agency.
  3. c. DFS shall inform mandated professional reporters, who reported the suspected vulnerable adult abuse and/or neglect, that an investigation was conducted and the allegations were substantiated or unsubstantiated. The notification shall be in writing and is the Notice of Conclusions To Reporter(APS-5).²⁵
  4. d. The DFS Caseworker shall provide the District/County Attorney with a written report of substantiated abuse, neglect, exploitation, abandonment, or intimidation of a vulnerable adult within seven (7) days of such determination unless emergency intervention dictates immediate intervention.²⁶
  5. e. The DFS Caseworker shall send a copy of the Statement of Allegations, Notice of Conclusions and Voluntary Statementto DFS State Office Central Registry Program in all substantiated cases. ²⁷

1W.S. 35-20-102, APS Rules, Chapter 2, Section 5

2APS Rules, Chapter 2, Section 5

3W.S. 35-20-102(ii)

4W.S. 35-20-102 (xi)

5APS Rules, Chapter 2, Section 5(a)

6APS Rules, Chapter 2, Section 5(g)

7APS Rules, Chapter 2 Section 5(a)

8APS Rules, Chapter 2, Section 2

9APS Rules, Chapter 2, Section 5(e)

10W.S. 35-20-103(e)

11APS Rules, Chapter 2, Section 5(e)(i)

12W.S. 35-20-106

13APS Rules, Chapter 2, Section 2(ii)

14APS Rules, Chapter 2, Section 5(g)

15W.S. 35-20-103(f)

16APS Rules, Chapter 2, Section 5(c)

17APS Rules, Chapter 2, Section 5(t)

18W.S. 35-20-102 (xix)

19W.S. 35-20-102 (ii)

20APS Rules, Chapter 2, Section 5(v)

21APS Rules, Chapter 2, Section 5(p)

22APS Rules, Chapter 4, Section 1(c)

23APS Rules, Chapter 2, Section 6(s)

24APS Rules, Chapter 2, Section 6(s)(ii)

25APS Rules, Chapter 2, Section 5(s)(i)

26APS Rules, Chapter 2, Section 5(u)

27APS Rules, Chapter 2, Section 5(r)(ii)

1.6.1 Investigation Track - Special Investigations

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Adult Protection Services POLICY: Special Investigations Policy Number: 1.6.1
EFFECTIVE DATE: October 5, 2012	Current: 10/2012 Revised: 10/12 Original: 2009

WYOMING

DEPARTMENT OF FAMILY SERVICES

CHAPTER: Adult Protection Services
POLICY: Special Investigations
Policy Number: 1.6.1

EFFECTIVE DATE: October 5, 2012

Current: 10/2012
Revised: 10/12
Original: 2009

PURPOSE
The purpose of a Special Investigation is to provide a thorough investigation of abuse and/or neglect allegations utilizing appropriate expertise while preventing conflict of interest issues.The special investigation alleviates ethical and boundary violations through a structured internal investigation decision making process.
Referrals appropriate for Special Investigations
A Special Investigation shall be assigned if the allegations meet the criteria of the investigation track¹and allegations are made regarding:
1. Child(ren)/youth who are the Department of Family Services’ (DFS) custody.
2. Child(ren)/youth who are in a certified child care or residential facilities.
3. 3. DFS employees or certified foster homes/parent(s).
4. 4. Child(ren)/youth who are in the Wyoming Boys’ School or Wyoming Girls’ School.
5. 5. Child(ren)/youth and/or vulnerable adults regarding issues involving DFS personnel, law enforcement, medical employees, school staff and/or prominent community members which the district manager believes may warrant a special investigation.
PROCEDURE
District Manager’s Responsibility
1. 1. When a referral is made to DFS concerning alleged vulnerable adult (APS) or child (CPS) protection matters that may require a special investigation, the district manager or designee shall determine whether the referral meets the applicable statutory definitions of abuse and/or neglect, abandonment or exploitation.
  1. The DFS field office district manager or designee shall determine if an immediate response is necessary for the safety of the person(s) involved. An immediate response is necessary for a child(ren)/youth in DFS physical and legal custody having a physical injury. If an immediate response is necessary, the DFS field office shall take immediate and appropriate action to ensure the safety of all individuals involved. At this time the APS/CPS Pamphlet (APS-3N/SS-3N) may be provided.
  2. The local office shall initiate a face-to-face safety assessment within twenty-four (24) hours of receipt of the referral.²
  3. The local office receiving the referral shall be responsible for entering and forwarding any necessary information into the DFS Data System, as well as providing support and logistical assistance to the assigned special investigation teams.
2. 2. The district manager shall make contact with the Social Services Administrator, Analyst/designee within twenty-four (24) hours of receipt of the referral to discuss whether the referral shall be designated a Special Investigation.
  1. The district manager shall notify the Social Services Administrator or Analyst/designee of a critical incident involving a child/youth major injury or fatality immediately and the field office shall follow the Child Major Injury/Fatality Review Team Policy or if an adult, follow APS policy.
  2. The district manager shall make contact with staff responsible for foster home coordination of all accepted and rejected referrals involving DFS certified foster homes in his/her district within twenty-four (24) hours of receipt of the referral.
  3. The district manager shall make contact with the appropriate human resource manager within twenty-four (24) hours of receipt of a referral involving a DFS employee as the subject of an allegation.
  4. For an incident involving the Wyoming Boys’ School or the Wyoming Girls’ School, contact is to be made to the Social Services Administrator.
3. In consultation with the district manager:
  1. The Social Services Administrator or Analyst/designeeshall contact the lead attorney general within forty-eight (48) hours of receipt of the referral via phone contact and/or email. The Attorney General’s office shall act as a liaison throughout the course of the case.
  2. The district manager, Social Services administrator and/or Analyst/designee and other appropriate division administrators shall act as the administrative group.
  3. For allegations involving a juvenile facility, notification shall be made to the appropriate district manager.
4. Administrative Group Responsibilities:
  The administrative group shall:
  1. Discuss specific issues and concerns;
  2. Discuss the allegations;
  3. Set parameters for the investigation;
  4. Appoint a special investigator or team and name a team leader; and
  5. Provide information about the discussions regarding the allegations, issues/concerns and parameters to the team leader.
5. Investigator/ Investigation Team Responsibilities
  1. 5. The team leader shall meet with other team members to clarify goals and develop strategies for the investigation, including how to conduct reviews in the least disruptive manner while ensuring a thorough evaluation of all identified issues. The Special Investigation Plan (APS-17B/SS-17B)shall be completed.
  2. 6. The investigator and/or team leader shall follow all other applicable notification procedures outlined in the Investigation Track Policy (APS/CPS), including providing the APS-2/SS-2 to all appropriate parties. The investigator and/or team shall follow the investigation policy;
    1. Once the investigator and/or team leader determines the goals of the investigation have been met and that facts relevant to all issues have been adequately collected, the special investigation team shall meet with the district manager from the jurisdiction where the incident occurred and may contact the administrative group to discuss the findings and recommendation on the allegations;
    2. The team shall provide the Special Investigation Report (APS-17C/SS-17C) to the SSD Analyst/designeewith the findings and recommendations.
6. Conclusion of the Special Investigation
  1. 7. The Social Services Administrator or Analyst/designee shall send the Special Investigation Report (APS/17C/SS-17C) to the DFS lead counsel from the AG’s office.
  2. 8. The DFS lead counsel from the AG’s office and Social Services Administrator shall review the findings and recommendations before the Notice of Conclusions (APS-5/SS-5) are sent to appropriate parties.
  3. 9. TheSocial Services Administrator or Analyst/designee shall advise the district manager of the meeting/review the findings and recommendations.
  4. 10. District managers are responsible for ensuring that all notifications are carried out in a manner consistent with the intent of the findings and any applicable rules or laws.

1Wyoming Statute 14-3-204/35-20-103; CPS Rules/APS Rules

2APS Rules, Chapter 2, Section 2 /CPS Rules, Chapter 2, Section 2

1.7 Interventions Requiring Legal Action

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Adult Protective Services POLICY: Interventions Requiring Legal Action POLICY NUMBER: 1.7
EFFECTIVE DATE: 10-01-2013	Current: 2013 Revised: 10-2013 Original: 2004

Purpose
The Department of Family Services (DFS) Caseworkers shall be familiar with the range of legal alternatives which need to be considered when determining the most appropriate method of assisting a vulnerable adult when and if the need arises. From the least to the most restrictive, one (1) or more of the following alternatives may be indicated:
1. 1. Least Restrictive Methods of Assisted Decision Making (Powers of Attorney (POA), Living Wills, CPR Directives, Case Management, Caregiving or Respite Services and Representative Payees).
2. 2. Emergency Services and Injunctions, Adult Protective Services (APS) Act. ¹
3. 3. Hospitalization of Mentally Ill Persons. ²
4. 4. Guardianship & Conservatorship.³This section helps the DFS Caseworkers determine when and how to access legal or related interventions. The DFS Caseworker shall always request to see a copy of any POA or Guardianship or any legal document transferring authority for decision making.
B. Capacity to Consent
As always, the DFS Caseworker shall first consider whether the vulnerable adult or his/her spokesperson has agreed to services. If the vulnerable adult retains the capacity to consent⁴he/she cannot be required to accept protective services. Representatives include the vulnerable adult’s:
1. 1. Conservator;
2. 2. Guardian;
3. 3. Guardian ad litem;
4. 4. Agent (Agent means one, who by mutual consent, acts for the benefit of another); or
5. 5. One (1) or more of the vulnerable adult’s adult family members designated by the vulnerable adult to be his/her representative.
C. Objection by the Vulnerable Adult
DFS’s legal duty to investigate reports overrides preliminary objections by the vulnerable adult. Once it is determined that the vulnerable adult possesses the capacity to consent to or to refuse services, the DFS Caseworker shall respect the individual’s right to refuse any further APS interventions.
D. Least Restrictive Methods of Assisted Decision Making (Advance Directives)
Advance directives are easy and inexpensive to complete and may help avoid the need to seek guardianship or other forms of more restrictive surrogate decision making. Advanced Directive forms are available on the Legal Aid of Wyoming website.⁵
E. Powers of Attorney
1. 1. General Power of Attorney⁶
  1. a. Termination/Revocation
    1. (1) Revoking a Power of Attorney - The following methods may be used to revoke a power of attorney:
      1. (a) Check the document to see if there are any provisions describing the method by which the power of attorney may be revoked and follow those directions.
      2. (b) The P.O.A. may be revoked by recording an “instrument of revocation” attached to a copy of the power- of-attorney, in the office of the county clerk of the county in which the principal resides. Recording the revocation document has the effect of giving notice of the revocation as of the date it is recorded.
  2. b. Termination At Principal’s Death. The agent’s authority ends when the principal dies.
2. 2. Durable Power of Attorney for Health Care⁷Any person who is 18 years old or older with an understanding of and capacity to make and communicate health care decisions may designate a health care power of attorney.
  1. a. Authority of an Agent Pursuant to a Health Care Power of Attorney. The health care agent's authority can be as broad or limited as the principal chooses. The authority, which can be given to the agent, includes all powers the individual would have, including the power to consent to a doctor's giving, withholding or stopping any medical treatment, service or diagnostic procedure, including life-sustaining procedures.
  2. b. Objections by Principal. If the principal disagrees with a decision made by an agent under a durable health care power of attorney the principal is not required to comply with the agent’s decision.⁸
  3. c. Termination /Revocation. The principal may revoke the health care power of attorney at any time, as long as he/she is able to make and communicate medical care decisions. The revocation becomes effective once it is communicated to every agent.
3. 3. Role of the DFS Caseworker.
  The DFS Caseworker shall inquire as to whether a vulnerable adult has completed an advance directive and may inform the client about the advantages of a power of attorney. If it appears that the adult’s mental capacity is not impaired then he or she could be referred to an attorney, Legal Aid of Wyoming or their website for forms.⁹
4. 4. Determining the Agent’s Scope of Authority
  The lack of specificity in a power of attorney document is often problematic. The limits on the authority of the attorney-in-fact over the person or the person’s property are not always clear. It is important to read the power of attorney document thoroughly to determine the scope of the attorney-in fact’s authority, if this authority has been questioned.
5. 5. Revocation of Power of Attorney
  It may be necessary for the DFS Caseworker to assist the vulnerable adult with having the power of attorney revoked.
F. Living Will
The statute provides that any vulnerable adult may execute a declaration directing the withholding or withdrawal of life-sustaining procedures in a terminal condition.¹⁰The DFS Caseworker may refer the adult to Legal Aid of Wyoming as a resource.
G. CPR Directives ¹¹A CPR Directive allows health professionals to withhold CPR when the proper documentation is on file with the Department of Health's Office of Emergency Medical Services Programs.
H. Cardiopulmonary Resuscitation Directive
Any vulnerable adult who has the decisional capacity to provide informed consent to or refusal of medical treatment or any other person who is, pursuant to the laws of this state or any other state, authorized to make medical treatment decisions on behalf of a person who lacks such decisional capacity, may execute a cardiopulmonary resuscitation directive. ¹²
Psychiatric Advance Directive (PAD)
Any vulnerable adult who has the decisional capacity to provide informed consent to or refusal of psychiatric re-stabilization measures or any other person who is, pursuant to the laws of this state or any other state, authorized to consent to or refuse psychiatric re-stabilization measures on behalf of a person who lacks the decisional capacity, may execute a psychiatric advance directive. ¹³
J. Representative Payees
1. A Representative Payee may be appropriate for a vulnerable adult who is unable to make decisions about his/her person or finances. However, this type of deficit does not always constitute a need for adult protective services. Applying the APS screening criteria will help the DFS Caseworker make this determination.
2. In any case, the DFS Caseworker may need to make a referral to the federal administrative agency (Social Security/SSA) recommending that a payee be found to manage the person's benefits. The SSA will designate a payee when it finds that the beneficiary's interests will be better served by such an arrangement and the beneficiary is unable to manage, or direct the management, of his benefits. The SSA requires a physician’s letter stating that the person cannot manage their own finances. A representative payee is chosen from among interested persons, agencies or institutions capable of attending to the beneficiary's needs. Wyoming Guardianship, Inc. has a rep payee program and the contact is the Social Security Administration for problems or a revocation.
  1. Duties of a Payee
    The payee is responsible for receiving and spending the funds for the beneficiary's basic personal and medical needs. The payee must make accountings for the benefits to the administrative agency and report to it any changes in the beneficiary's status that affect his/her entitlement to benefits.
Injunctions and Emergency Services Under the Adult Protective Services Act ¹⁴
1. 1. Injunctions
  1. a. When the caregiver refuses to allow services or access by law enforcement or DFS, the DFS Caseworker may request the District/County Attorney to petition for an order enjoining the caregiver from interfering with the provision of protective services. The DFS Caseworker may have to submit an affidavit to the court.¹⁵
  2. b. Interventions Available When an Injunction is Ordered.
2. 2. If the court finds the allegations to be true by a preponderance of evidence, the court may:
  1. a. Prevent the caregiver from interfering with the provision of the protective services; and/or
  2. b. Order DFS to provide the protective services.
3. 3. Emergency Services
  1. a. Criteria for Ordering Emergency Services based on a preponderance of the evidence:
    1. (1) A vulnerable adult is suffering from abuse, neglect, intimidation, self-neglect, exploitation, or abandonment;
    2. (2) An emergency exists; and
    3. (3) The vulnerable adult lacks the capacity to consent to the provision of protective services.
  2. b. Emergency Services Ordered by the Court
    The Court may only order those services necessary to remove the conditions creating the emergency and must specifically designate the services authorized. The court may admit a vulnerable adult to a hospital or other suitable facility.¹⁶
  3. c. Modification of Emergency Services Order
    The vulnerable adult, his/her agent, his/her court appointed representative or DFS Caseworker, through the Attorney General or the District/County Attorney, may petition the court to set aside or modify the order at any time.¹⁷

1W.S. 35-20-102 (viii)

2W.S. 25-10-101

3W.S. 3-1-101

4APS Policy/Case Management (B)(2)

5http://lawwyoming.org

6W.S. 3-5-101

7W.S. 3-5-210

8W.S. 3-5-210

9http://lawwyoming.org

10W.S. 35-22-101

11W.S. 35-22-201

12W.S. 35-22-201

13W.S.35-22-301

14W.S. 35-20-106 (a) (b)

15APS form 53

16W.S. 35-20-107 (c)(d)

17W.S. 35-20-107 (c)

1.8 Guardianship

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Adult Protective Services POLICY: Guardianship POLICY NUMBER: 1.8
EFFECTIVE DATE: 11-2014	Current: 2013 Revised: 11-2014 Original: 10-2013

WYOMING

DEPARTMENT OF FAMILY SERVICES

CHAPTER: Adult Protective Services
POLICY: Guardianship
POLICY NUMBER: 1.8

EFFECTIVE DATE: 11-2014

Current: 2013
Revised: 11-2014
Original: 10-2013

Purpose
Guardianship is a legal process to protect and preserve the vulnerable adult’s assets, rights and decisions on his/her behalf to ensure safety and quality of life. Guardianship may also alleviate situations in which personal well-being and/or property are threatened due to an inability to make appropriate decisions. The court determines that the vulnerable adult lacks the capacity to make his/her own decisions.
Procedure
1. 1. Action Plan (APS-15)
  Referral for a guardianship shall be noted in the Action Planas it may be determined that the vulnerable adult’s incompetence will be long term and therefore an extended form of authorization for decision making may be necessary.
  1. a. Assessing the Need for Guardianship and Factors to Consider:
    1. l. The long term needs of the vulnerable adult;
    2. 2. The urgency of the need;
    3. 3. The expediency of the courts; and/or
    4. 4. The type of court intervention which is most appropriate for a particular person or situation.
2. 2. The DFS Caseworker may be directly involved in finding an appropriate guardian and providing supportive documentation. The DFS Caseworker worker shall:
  1. a. Provide a diligent search to find any family members who might assume guardianship.
  2. b. Obtain a pharmaceutical review of all medications and document this in the case record.
  3. c. Obtain a Division of Criminal Investigation (DCI) and fingerprint card on the proposed guardian.
  4. d. In consultation with the Program Analyst for Adult Protective Services (APS) contact Wyoming Guardianship, Inc. (WGC) if no family or individual is located to assume a guardianship. WGC is a private, nonprofit corporation which provides information and referral for guardianship issues and is available for appointment as a guardian, conservator, rep payee, emergency or temporary guardianship. WGC charges a court approved fee for their services.
3. 3. Emergency guardians may be appointed without notice to a vulnerable adult if the court finds by a preponderance of evidence from affidavit or testimony that the vulnerable adult will be substantially harmed before a hearing or appointment can be held.¹The court shall hold a hearing within seventy-two (72) hours after the appointment. Emergency guardians, without notice and hearing, shall have authority to make medical decisions only. They are not authorized to place a person in a long term care facility.
4. 4. Temporary guardians may be appointed upon the filing of a petition and after a hearing and the order shall be limited to not more than ninety (90) days. The court may order an extension of the temporary guardianship for not more than an additional ninety (90) days or conversion to a guardianship or conservatorship. A temporary guardian may place a vulnerable adult in a long term care facility if appropriate.²
5. 5. The DFS Caseworker shall contact the Program Analyst for APS to discuss the assessed need for a guardian once the DFS Caseworker has consulted with the DFS Supervisor and the Action Planindicates a need to seek the appointment of a guardian. The DFS Caseworker shall discuss the case with the following information:
  1. a. The type and availability of services needed;
  2. b. The nature of the vulnerable adult’s mental capacity and cognitive ability;
  3. c. Whether the vulnerable adult’s mental capacity has been assessed and the DFS Caseworker shall document the Capacity Assessment(APS 8) and the Cognitive Ability Assessment(APS 10);
  4. d. The pharmaceutical review of all the vulnerable adult’s medications; and
  5. e. A diligent search using the accurint search as a tool to locate family members.
6. 6. The DFS Caseworker shall attempt to find a family member, friend or other person in the vulnerable adult’s community who is willing and able to serve as guardian and/or conservator. A fit and appropriate candidate for guardian shall have the following qualities:
  1. a. An understanding of and sensitivity to the history, needs and preferences of the vulnerable adult;
  2. b. Some financial management ability, especially if they are seeking appointment as a conservator as the court may require a bond;
  3. c. Be available to spend a reasonable amount of time supporting the needs of the vulnerable adult;
  4. d. Be even tempered, patient, in good mental and physical health and possess good communication skills; and
  5. e. Have had a criminal background check and been provided training on guardianship.³Individuals convicted of a felony shall not be considered.
7. 7. Handling Allegations against Guardians and Conservators
  1. a. The appointment of a guardianship is a legal determination of the vulnerable adult’s mental incapacity and significantly impact the individual’s rights. Guardianship proceedings include the following potentially negative outcomes:
    1. 1. The guardian and/or conservator may be in a position to misuse his/her responsibilities;
    2. 2. The court monitoring system may not provide enough oversight;
    3. 3. The process can be costly; and/or
    4. 4. The vulnerable adult may experience a loss of privacy and the right to choose.
  2. b. An allegation by a vulnerable adult or by someone on behalf of the vulnerable adult against a guardian, conservator, agent or other fiduciary shall be given the same consideration as any other allegation including:
    1. 1. Interviewing the vulnerable adult away from the guardian/conservator;
    2. 2. Attempting to develop rapport with both the vulnerable adult and the Guardian/conservator;
    3. 3. Offering education, support or information to the guardian/conservator as appropriate;
    4. 4 Utilizing the expertise of law enforcement; and/or
    5. 5. Alerting the court to the allegation as the guardianship/conservator statutes⁴provides for handling complaints.
8. 8. Filing a Complaint against a Guardian or Conservator⁵. The DFS Caseworker, family members or any individual alleging that a guardian or conservator is not properly discharging his/her duties may file a complaint with the District or County court that established the guardianship or conservatorship.
  1. a. Procedure
    1. l. Verified Statement. The allegations and supporting facts must be documented in a verified writing and filed with the court that established the guardianship or conservatorship.
    2. 2. Copy of Verified Statement to Guardian/Conservator. The court clerk sends a copy of the complaint to the guardian or conservator. The guardian or conservator has twenty (20) days in which to respond to the complaint report.
    3. 3. Court Actions. Upon receiving the guardian’s or conservator’s response, or at the expiration of the twenty (20) day response time, whichever occurs earlier, the court will either dismiss the complaint report or set the matter for a hearing. The court may dismiss the complaint if there is no basis for the allegations that the guardian or conservator is not properly discharging his/her duties.
  2. b. Findings
    1. 1. At the conclusion of the hearing, or after determining there is no basis for the allegations and no need for a hearing, the court shall issue findings and enter an appropriate order.

1W.S. 3-2-105

2W.S. 3-2-106

3Wyoming Guardianship, Inc. and Legal Aid of Wyoming

4W.S. 25010-101

5W.W. 3-1-111(a)

1.9 Case Closure

WYOMING DEPARTMENT OF FAMILY SERVICES	CHAPTER: Adult Protective Services POLICY: Case Closure POLICY NUMBER:1.9
EFFECTIVE DATE: 10-01-2013	Current: 2013 Revised:10-2013 Original: 2004

Purpose
Case closure is the process of ending the relationship between the Department of Family Services (DFS) Caseworker and the vulnerable adult. Case closure occurs when it has been determined that the vulnerable adult can safely remain in his/her home or has been removed from the home and into another placement, including living with family or a facility. Case closure also occurs when the vulnerable adult is no longer presents a risk of harm to self or others.
Procedure
1. Key Decisions and Core Values to close a case
  1. Safety and Risks have been assessed and services have been referred to and are provided by community resources. The vulnerable adult has support and services within their community to the extent they are available, to maintain his/her safety, permanency, and well-being.
  2. The vulnerable adult with capacity is ultimately responsible for their own safety, permanency and well-being.
2. 2. Expected Outcomes for the Vulnerable Adult
  1. a. The DFS Caseworker can demonstrate with reasonable surety that the vulnerable adult is nolonger at risk based on assessment.
  2. The vulnerable adult has been referred to community resources and this is documented on theAction Plan(APS-15).
  3. Identified referrals on theAction Plan have been confirmed and implemented for the vulnerable adult.
3. 3. Follow-up
  1. In all cases, the DFS Caseworker shall not close the case until a follow-up has occurred to confirm that the necessary services are being provided. Once a case is closed the DFS Caseworker may conduct a subsequent follow-up visit after consulting with the DFS District Manager or designee.
  2. On unsubstantiated referrals and those which are substantiated but the vulnerable adult has refused services, no follow-up is required. If follow-up is indicated, DFS Supervisory approval is documented in the case file.
  3. On substantiated referrals in which the vulnerable adult is receiving voluntary services, at least one (1) follow-up is made within sixty (60) days after the substantiation decision is reached and services are put in place. The vulnerable adult’s circumstances at the time of the follow-up visit are documented in the DFS case file, including an assessment of risk of further maltreatment.
  4. After the initial follow-up visit, if the Action Planis still in place and the vulnerable adult’s situation is stable or improving, the case may be closed.
  5. If the vulnerable adult’s situation is deterioration at any time during the follow-up period, the Action Plan is reassessed with the vulnerable adult and those have a legal responsibility for the vulnerable adult and appropriate adjustments are made. At least one addition follow-up is required.
  6. For referrals which resulted in a vulnerable adult receiving involuntary or emergency services or services pursuant to an injunction against the caregiver, family or individual¹, a follow-up visit is made at thirty (30) days.
    1. If the vulnerable adult’s situation is stable or improving after thirty (30) days and DFS is no longer providing emergency services or services provided pursuant to an injunction against the caregiver, family or individual the case is closed.
    2. If DFS continues to provide emergency services or services provided pursuant to an injunction against the caregiver, family, or individual after thirty (30) days, follow-up visits to the vulnerable adult are required at thirty (30) day intervals for the duration of the emergency services or services pursuant to an injunction against the caregiver, family or individual. Follow-up visit may be made as often as needed to monitor the vulnerable adult’s status.
4. 4. Steps in Case Closure
  1. Review the Action Plancompletion and appropriate referrals.
    1. Planning for closure shall begin when developing the Action Planwith the vulnerable adult and family if he/she chooses.
    2. The referrals and objectives in the Action Planshall define at what point services will be ended, based upon achievement of mutually agreed upon implementation of those services which had been identified.
    3. A time-line for case closure should be discussed with the vulnerable adult.
  2. The DFS Caseworker shall assess current safety and risk factors.
    1. If risk factors are present, the DFS Caseworker shall identify what they are and how they will continue to be managed.
  3. The DFS Caseworker shall ensure vulnerable adult and family, if appropriate, have adequate community linkages, including identification of any transitional services the vulnerable adult, family or legal representative may require and where to obtain the services.
  4. The DFS Caseworker shall discuss case closure/termination with his/her DFS Supervisor prior to further recommendations and discussions regarding case closure/termination with the vulnerable adult, and County or District Attorney.
  5. The DFS Caseworker shall create with the vulnerable adult a crisis plan, meaning a “what if” plan, which includes actions the vulnerable adult can take to get assistance.
    1. During case closure discussions, it is helpful to talk with the vulnerable adult about the future: what problems are likely or possible to recur; what are the signs that problems are brewing; what skills and support systems which they have put in place can be used to stave off problems or if they occur, to deal effectively with them.
  6. The closing narrative shall contain a closing summary, that includes:
    1. 1) The original reason for the referral and how the case was process such as: Information andReferral, reject and why, accepted for prevention, assessment or investigation.
    2. The determination of all allegation whether substantiated or unsubstantiated and a brief summary justifying the determination when the case is handed as an investigation.
    3. A brief summary of issues and how issues were resolved when the case in handled as an assessment case.
    4. A brief summary of services provided and/or purchased including all referrals to outside agencies.
    5. A summary of any court proceedings and documentation of any prosecutions and guardianship actions.
    6. Completion of the Financial Exploitation Checklist(APS-52)
  7. g. Notification of case closure shall be documented in the DFS data system and any relevant professional who have assisted in the case shall be informed that the case is being closed. The Notice of Closure(APS-18) is generated on the DFS data system.

1W.S. 35-20-106

Glossary

Absent parent/Noncustodial Parent: A biological parent not residing in the home. The parent does not have legal or primary physical custody of the child.

Abandonment: The child has been left without obvious behavioral, verbal, or written intentions of reclaiming the child. (Child Protection)

Abandonment: Leaving a vulnerable adult without financial support or the means or ability to obtain food, clothing, shelter or health care. (Adult Protection)

Absconder: A juvenile under court-ordered probation or parole status who has run away from the placement mandated by the supervising agency or court. (Juvenile Services)

Abuse: Inflicting or causing physical or mental injury, harm or imminent danger to the physical or mental health or welfare of a child other than by accidental means, including abandonment, excessive or unreasonable corporal punishment, malnutrition or substantial risk thereof by reason of intentional or unintentional neglect, and the commission or allowing the commission of a sexual offense against a child as defined by law. (Child Protection) (CPS Rules, Chapter1, Section 4(b))

Abuse: The intentional or reckless infliction, by the vulnerable adult’s caregiver, person of trust or authority, professional, family member or other individual of (Adult Protection):

Injury;
Unreasonable confinement which threatens the welfare and well being of a vulnerable adult; or
Cruel punishment with resulting physical or emotional harm or pain to a vulnerable adult; or
Photographing vulnerable adults for immoral or illegal purposes without the vulnerable adult’s written consent;
Sexual Abuse
Exploitation
Intimidation

Accepted Report: An allegation that meets the statutory definition of abuse or neglect is within the scope of child(ren)/adult protective services, is verified and assigned for investigation or assessment, and is made into a WYCAPS incident. (Child/Adult Protection)

Accountability: Accountability focuses on the need to create an awareness and acceptance in youth of the harmful consequences of their negative behavior. It refers to the requirement that offenders “make amends” for the harm resulting from their crimes by repaying or restoring losses to victims and the community. Accountability demands that youthful offenders make amends and has strong implications for rehabilitation and reduced recidivism. (Juvenile Services)

Action Plan: The written plan developed by the caseworker in cooperation with the vulnerable adult, caregiver and others as needed, to determine what outcome is desired, what actions and services are indicated and who is responsible for taking the action and/or arranging/providing the service. (Child/Adult Protection & Juvenile Services) For Adult Protection the plan is a check list for services needed and who is responsible for the referral.

Active Efforts: ICWA term which is not defined by federal regulation but means activities taken by the agency to prevent the placement of the child as well as working towards reunification for the family. (Child Protection/Juvenile Services)

Activities of Daily Living (ADLs): The basic personal tasks that are a necessary part of most people’s daily routine. These include eating, bathing, dressing, moving around the house, and using the toilet.

Adjudication: A finding by the court or the jury, incorporated in a decree, as to the truth of the facts alleged in the petition

Adjudicated Father: Refer to Parent

Adolescent Drug/Alcohol Assessment: An instrument used to evaluate an adolescent’s level of drug/alcohol use/abuse. (Juvenile Services)

Administrator: The director of the Department of Family Services or his designee.

Adult Protective Services Act: The Act relating to adult protective services in Wyoming, to assist in the administration of the Department’s programs, and to assure the safety and well being of vulnerable adults, pursuant to Wyo. Stats. §§ 35-20-102 through 35-20-116. (Adult Protection)

Adult Protection Team: The formal organization of professionals or individuals with appropriate expertise assembled to assist and coordinate adult protection activities with the Department and other agencies or organizations that serve vulnerable adults. (Adult Protection)

Adult Protective Services Community Teams: A forum to improve services and to identify system gaps or problems on a local level. Community teams with a focus on prevention, education, and identification of resources to support vulnerable adults. (Adult Protection)

Advanced Age: Defined in statute as age 60 (2011)

Affinity/Kinship/Kin: Refers to individuals whom the child/youth, family or individual recognizes as "family" and who may or may not be related by blood, marriage or adoption. (Child Protection/Juvenile Services/Adult Protection) Also refer to Relative and Kin/Kinship

Agency: Any division, institution or program within a department of the state and all institutions, boards and programs administering, planning and providing for services under the supervision of a director, and counties, municipal corporations, school districts, community college districts, joint powers boards or special districts specifically involved in providing government facilities or functions, and all private or non-profit organizations involved in providing human services, or the regulation of human services.

Agent: One, who by mutual consent, acts for the benefit of another; one authorized by a party to act in that party’s behalf.

Anonymous Testing for HIV: The person ordering and performing the test does not maintain a record of the name or other personal identifiers of the person whose specimen they are testing. (Communicable Diseases) (Adult/Child Protection/Juvenile Services)

Assessment: A comprehensive process for identifying, considering and weighing factors that affect child/vulnerable adult safety and well-being. Assessment includes information revealed through interviews, as well as child, vulnerable adult and family needs, problems, strengths, capacities, and possible resources. It goes beyond determining safety and level of risk to explore family/individual connections and community resources. Assessment links directly with case planning.

Assessment Track: The Assessment Track is designed to create a climate in which families will be comfortable in acknowledging family concerns and seek assistance when there are allegations of abuse and/or neglect, but the criteria of an investigation is not met, and services to the family could prevent problems from escalating to a level for which an investigation is warranted. The process by which family/individual strengths and needs are evaluated. The caseworker and family/individual are provided with a clear understanding of those aspects of an alleged abuse or neglect situation, which may require child, vulnerable adult welfare interventions. Assessment services assist in determining whether there are safety issues to be resolved, and to provide services to families/individuals to increase their ability to resolve foreseeable risks to the child or individual.

APPLA/OPPLA: Another Planned Permanent Living Arrangement: is a permanency goal for youth who are 16 years or older when other permanency efforts/options have been unsuccessful. Efforts shall continue to identify a permanency plan other than APPLA and those efforts shall be on-going while the youth remains in care. The Independent and Transitional Living Plan shall be developed with the youth who have APPLA as his/her permanency plan.

Application Packet: A packet of forms signed and returned by individuals interested in applying to become a foster home. (Foster Care)

Assisted Living Facility: A dwelling operated by a person, firm or corporation engaged in providing limited nursing care; person care and boarding home care, for persons not related to the owner of the facility. This definition may include facilities with secured units and facilities dedicated to the special care and services for people with Alzheimer’s disease or other dementia conditions.

No Terms At This Time

Candidate for Foster Care: candidate for foster care is a child who is at serious risk of removal from home as evidenced by either DFS making reasonable efforts to prevent such removal or DFS pursuing his/her removal from the home.

Capacity to Consent: The ability to understand and appreciate the nature and consequences of making decisions concerning one’s person, including, provisions for health or mental health care, food, shelter, clothing, safety or financial affairs. This determination may be based on assessment or investigative findings, observation or medical or mental health evaluations. (Adult Protection)

Caretaker: A person, other than a natural parent or legal guardian, who is at least eighteen (18) years of age and is the primary physical custodian of the child; a person responsible for a child's welfare. (Child Protection/Juvenile Services)

Caregiver: Any person or in-home service provider responsible for the care of a vulnerable adult because of (Adult Protection):

A family relationship; or
Voluntary assumption of responsibility for care; or
Court ordered responsibility or placement; or
Rendering services in an adult workshop or adult residential program; or
Rendering services in an institution or in a community-based program; or
Acceptance of a legal obligation or responsibility to the vulnerable adult through a power of attorney, advanced healthcare directive or other legal designation.

Case Assessment: The documentation of family strengths, weaknesses, and the resources necessary to protect the child and assist the family. (Child Protection/Juvenile Services)

Case Management: A service intervention in which the case worker assists clients to secure, coordinate, and oversee the formal and informal resources determined necessary from the risk assessment and goal setting process.

Case Plan: The Department’s written document which outlines the outcomes, goals, and tasks in order to meet the needs of the family with regards to safety, permanency and well-being of the child(ren)/youth.

Case closure: The process of ending the relationship between the caseworker and the family/individual. Case Closure occurs when it has been determined that the child, vulnerable adult or youth can safely remain or return to the parents’ home or for an adult remain in their home; the child, vulnerable adult or youth’s minimal needs are being met; the child, vulnerable adult or youth has been placed into other permanent placements including living with kin or adoption; the child, vulnerable adult or youth no longer presents a risk of harm to self or others, including risk to the community; there is a court order to dismiss the case; or when the child has become emancipated from the system. A case can be closed if the family refuses services, unless ordered by the court.

Caseworker/Probation Officer: An employee of the Department who is assigned and trained in the performance of child and adult protection as well as probation supervision services pursuant to department rules and regulations.

Central Registry: A statewide electronic record of persons who have been the subject of a substantiated maltreatment allegation or for whom a complaint is under investigation. The record contains the findings of the adult/child protection investigation. Entries on the Central Registry can be expunged when good cause is shown. (Chapter 4, Section G in Family Support Services Manual) (Adult/Child Protection)

Child(ren)/Youth: An individual under the age of majority. Wyo. Stat. § 14-1-101 provides “upon becoming eighteen (18) years of age, an individual reaches the age of majority.”

Child Care: A service for families provided on behalf of children and their parents that is designed to supplement parental care.

Child Care Center: Any private person, partnership, association, or corporation that is operating a business for profit or otherwise where sixteen (16) or more children receive care for any part of the day.

Child In Need Of Supervision: Any child who is habitually truant or has run away from home or habitually disobeys reasonable and lawful demands of his parents, guardian, custodian or other proper authority or is ungovernable and beyond control.

Child Protection Services Medical Consultant: A contracted physician with a board certified specialty in pediatrics or neonatology. The medical consultant is responsible for reviewing medical information and consulting with the CPS specialist and other experts as deemed necessary. When a medical consultant is required, contact the social services program manager for assistance in arranging a medical consultant. (Child Protection) (Reports of Withholding Medically Indicated Treatment for Disabled Infants)

Child Care Provider (Licensed): Any person who applies for and is issued a family child care license by the DFS child care licenser agent.

Child Placing Agency (CPA): The classification of program certification that DFS (pursuant to state statute) has the responsibility of certifying/licensing. A CPA recruits, trains, approves, and provides oversight of their own foster homes. DFS contracts for this service

Child Specific Relative Foster Care: Type of foster home certification issued to individual(s) who have applied to become foster parents and are related by blood, marriage or adoption to the child(ren)/youth in care and who is/are solely interested in caring for their own relative(s) and one or more non-safety waivers limited to items specified in policy, have been allowed on a case-by- case basis for the specific relative child(ren)/youth. Foster care maintenance payment rate is the same as for non-relative family foster care. (Child Protection/Juvenile Services)

Children At Risk: An infant or child born to a parent engaging in or who has a history of engaging in high risk behaviors; a child who has been sexually abused by a person who engages in or has a history of engaging in high risk behaviors; or a child who engages in high risk behavior

Close Contact: In general, close contact means having cared for or lived with someone with an infectious disease. Examples of close contact include kissing or hugging, sharing eating or drinking utensils, and talking to someone within three (3) feet. Close contact does not include activities like walking by a person or briefly sitting across a waiting room or office. (Adult/Child Protection/Juvenile Services)

Collateral Contact: Obtaining information concerning a vulnerable adult/child(ren) or family from an individual who has knowledge of the circumstances and family situation but is not directly involved in referring the vulnerable adult/child(ren) to Protective Services.

COMFORT ONE (all caps) is a bracelet provided to applicants following completion of required paperwork. Application must be completed and signed by their physician, returned to the Emergency Medical Services Programs office, along with a $20.00 fee payment. The purpose of this is to instruct Emergency Medical personnel to forgo resuscitation attempts in the event of a patient’s cardiopulmonary arrest. Contact 307-777-7955 or 888-228-8996.

Complicating Factors: Anything that complicates the work with the family that is not direct harm that could include: warning signs, red flags, issues that make the provision of protection more difficult but in and of themselves are not direct dangers.

Communicable Disease: An illness due to a specific infectious agent or its products from an infected person, animal, or inanimate reservoir to a susceptible host, either directly or indirectly through an intermediate plant or animal host, vector, or the inanimate environment.

Community Juvenile Services Board (CJSB): Community Juvenile Services Boards establish, maintain and promote the development of juvenile services in communities and gear them to early identification and diversion of children and youth at risk of entering the juvenile court system in an effort to prevent juvenile delinquency. Staffers provide technical assistance for the development and implementation of Juvenile Services Boards in communities throughout the state. (Juvenile Services)

Community Protection: The Community Protection objective explicitly acknowledges and endorses a long-time public expectation that juvenile services must place equal emphasis on ensuring public safety at the most efficient cost and using the least restrictive level of service possible to protect the community. Community protection envisions a wide variety of creative intermediate sanctions (and positive incentives) with confinement as a last resort. (Juvenile Services)

Competency Development: Competency Development requires youth who enter the service arena should exit the system more capable of being productive and responsible in the community. Competency development is distinguished from treatment as an active, positive enterprise in which youth develop skills through productive and meaningful work. (Juvenile Services)

Concurrent Plan: The term used to describe an alternative to reunification of a child(ren) with their original family. Alternative (concurrent) planning for a child(ren) should be done simultaneously with reunification planning and should begin at the time the child(ren) are initially removed from their family. (Child Protection/Juvenile Services)

Confidential: Personal information pertaining to communicable diseases, except as otherwise required by law, shall not be disclosed unless the:

Is for statistical purposes, and the information is released in a manner that does not reveal personal identifiers; or
Is necessary for the exclusive administration and enforcement of rules and regulations as determined by the Health Officer or Designee; or
Is preceded by the written consent of the infected individual and/or guardian, specifying where the information shall be sent; or
Is for notification of person(s) responsible for a child’s/adult welfare, as necessary to protect life and health.

Confidentiality: A principle of professional ethics, which prohibits caseworkers from disclosing information about a client or case without the client's/guardian consent. The National Association of Social Worker's (NASW) Code of Ethics directs workers to "respect the privacy of clients and hold in confidence all information obtained in the course of professional service."

Conservator: A person appointed by a court of proper jurisdiction to have the custody and control of the property of a vulnerable adult.

Contact: An individual who has been exposed to a communicable disease. (Communicable Diseases)

Contact: The process of obtaining information about the offender and/or the offender’s behavior by the ISP Officer(s). The source of the information may be the offender or a collateral person; it may be in person or telephonically; it may be at a variety of locations. The following are recognized as applicable contacts: offender’s residence, school, employer, family/significant other, police, and treatment counselor. (Juvenile Services)

Core Family Team Members: Members of a family/individual team who are non- negotiable. These include the DFS caseworker, foster-parent(s) or their information, parent(s), and vulnerable adult/child(ren)/youth, and natural supports (if appropriate).

Court: means the district court in the district where the vulnerable adult/child(ren), or youth resides or is found

Court Proceedings: Proceedings which have as their purpose the protection of a child(ren) through an adjudication of whether the child(ren) is abused or neglected , delinquent or a Child in Need of Supervision (CHINS), and the making of an appropriate order of disposition, and proceedings where a consent decree is entered.

Credible evidence: (Refer also to Preponderance of the Evidence).

Crisis Shelter: A short-term, emergency services for a child(ren) who is primarily placed by parent(s) and law enforcement. Research defines crisis as lasting 3-7 days while these beds are 30-day stays by contract that are extendable. (Child Protection/Juvenile Services) Domestic Violence shelters may be used as a crisis shelter for vulnerable adults.

Cultural Humility: A cultural humility perspective challenges us to learn from the people with whom we interact, reserve judgement, and bridge the cultural divide between our perspectives in order to facilitate well-being and promote improved quality of life.

Current Living Arrangement: Where the vulnerable adult/child(ren)/youth are living at the time of the crisis or intervention.

Custodian: A person, institution or agency responsible for the child's welfare and having legal custody of a child by court order or having actual physical custody and control of a child and acting in loco parentis.

Custody: Legal status created by court order which vests in a custodian the right to have physical custody of a minor, the right and duty to protect, train and discipline a minor, the duty to provide him with food, shelter, clothing, transportation, ordinary medical care, education and in an emergency, the right and duty to authorize surgery or other extraordinary medical care. The rights and duties of legal custody are subject to the rights and duties of the guardian of the person of the minor, and to residual parental rights and duties

Danger Statement: Credible worries and concerns DFS and others in the community have about the actions the caregiver/youth may take in the future that will harm the child/adult/community.

Child Protection Danger Statement Formula: Who is worried--about what activities potential caregivers action/inaction---possible impact on the child
Probation Danger Statement Formula: Who is worried--about what activities potential youth action/inaction---possible impact on the youth/victim/community

Date of Placement: The date the child was removed from her/his home. An exception occurs when a child is removed from his/her home and placed into a jail, mental hospital or one of the state child institutions, such as the Wyoming Boys' School or Wyoming Girls' School, none of which is considered to be foster care. In these situations, the date of placement would begin when the child is removed from this type of facility and placed by the Department of Family Services into foster care. (Child Protection/Juvenile Services)

Department of Family Services (Agency or Department)/ DFS

Department of Health/DOH

Delinquent Act: An act punishable as a criminal offense by the laws of this state or any political subdivision thereof, or contempt of court under W.S. 14-6-242, or an act violating the terms and conditions of any court order which resulted from the criminal conviction of any child but does not include a status offense

Designated Hospital Liaison: The person named by the hospital or health care facility to act as the contact with DFS in all aspects of cases of suspected withholding of medically indicated treatment from disabled infants with life-threatening conditions. (Child Protection)

Detention: The temporary care of a child in physically restricting facilities pending court disposition or the execution of a court order to place or commit a child to a juvenile detention facility

Developmental Disability (state): A disability attributable to mental retardation, cerebral palsy, epilepsy, autism or any other neurological handicapping condition requiring services similar to those required by mentally retarded individuals, that has continue or can be expected to continue indefinitely and constitutes a substantial handicap to the individual’s ability to function normally (W.S. 35-1-613 (a)(ii)).

Diligent Search: On-going efforts in identifying, locating and contacting the absent parent(s) and/or relatives and kinship families regarding their interest in maintaining connections with the child and/or providing a temporary or permanent placement for or adopting a child when the child is removed from the home (25 USC § 1901).

Disabled Infant: An infant having a physical or mental impairment which substantially limits or may limit in the future one or more major life activities. (Child Protection)

Discretionary Overrides: A discretionary override is applied by the caseworker to increase the risk level in any case in which the caseworker believes the risk level set by the risk assessment tool does not accurately rate risk for the circumstances. This may occur when the caseworker is aware of conditions affecting risk that are not captured within the items on the risk assessment. Discretionary overrides may increase the risk level by one unit. Discretionary overrides require supervisor approval.

District office: One of the geographic divisions within the Department of Family Services through which Department programs and services are administered.

Division of Developmental Disabilities: The state division responsible for the Resource Center in Lander, Lander as well as extensive preschool services, early intervention services, children’s home and community-based services, adult home and community-based waiver services in Wyoming

Domestic Violence: A pattern of abusive behavior in a relationship used by one partner to gain or maintain power and control over the other partner. Domestic violence can be actions or threats of actions that influence or control another person’s behavior and decisions and are meant to intimidate, humiliate, isolate, frighten, coerce, blame, or injure.

Drug Endangered Child (DEC): Children who are at risk of suffering physical or emotional harm as a result of illegal drug use, possession, manufacturing, cultivation, or distribution. They may also be children whose caretaker’s substance misuse interferes with the caretaker’s ability to parent and provide a safe and nurturing environment.

EA Eligibility: A process of applying certain federal criteria to a family’s/child’s situation to determine eligibility for types of services and period of eligibility under the Emergency Assistance Program. (Child Protection/Juvenile Services)

Educational Neglect: A failure or refusal by those responsible for the child’s welfare to provide an education to the child. Educational neglect includes the willful neglect or failure of a parent, guardian, or custodian to enroll a child subject to compulsory school attendance, including but not limited to an approved home school program. (Child Protection) (CPS Rules, Chapter 1, Section 4(s)(i))

The Department accept referrals of truancy that have risen to a level to cause the attendance officer to make a referral for absences due to the willful neglect or failure of the caretaker pursuant to W.S. 21-4-104 (a)(ii).
The Department will accept referrals of child truancy when the school attendance officer has provided notice to the caretaker that his/her child’s school attendance is required by law. After such notice is given, the child must subsequently have two (2) unexcused absences, and the school believes the child’s absences were because of the willful neglect or failure of the caretaker to get the child to school.

Electronic Monitoring: A service designed to assist in structuring the movement of selected juveniles at times during their probation. (Juvenile Services)

Eligibility criteria: A set of situations, standards and/or living arrangements that establishes eligibility for the EA Program. (Child Protection/Juvenile Services)

Emergency Assistance (EA): A program that provides or purchases needed services for children who are abused, neglected or abandoned or at-risk of removal from the home including Chins and Delinquents.

Emotional/Psychological Abuse: An injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in his ability to function within a normal range of performance and behavior with due regard to his culture (Psychological Abuse/Mental Injury) (Child Protection)

Emergency services: Those services that may be provided to assist vulnerable adults to prevent or terminate abuse, neglect, exploitation, intimidation or abandonment until the emergency has been resolved

Enhancement: The mechanism by which an Officer intensifies the supervision of an offender who is already under traditional probation with the Department. (Juvenile Services)

Escapee: A juvenile who has made an unauthorized flight from a facility to which he/she has been committed by the court. (Juvenile Services)

Evaluation: Service evaluation is an ongoing process which occurs throughout each individual case and at many levels of the agency. Service evaluation measures the effectiveness of DFS interventions in supporting the goals of the client and of the agency. The basis for evaluation centers around the question, “Did the services provided improve outcomes?”

Exploitation: The reckless or intentional act taken by any person, or any use of the power of attorney, conservatorship or guardianship of a vulnerable adult, to obtain control through deception, harassment, intimidation or undue influence over the vulnerable adult’s money, assets or property with the intention of permanently or temporarily depriving the vulnerable adult of the ownership, use, benefit or possession of his money, assets or property In the absence of legal authority (Adult Protection):

Employ the services of a third party for the profit or advantage of the person or another person to the detriment of a vulnerable adult;
Force, coerce or entice a vulnerable adult to perform services for the profit of another against the will of the vulnerable adult.
Intentionally misuse the principal’s property and, in so doing, adversely affect the principal’s ability to receive health care or pay bills for basic needs or obligations; or
Abuse the fiduciary duty under a power of attorney, conservatorship or guardianship.

Facility: For adult protection (APS) cases any board and care home such as, but not limited to, adult workshops, adult day care, adult residential programs, nursing homes, adult group homes, adult foster homes, assisted living homes, and institutions. (Adult Protection)

Failure to Thrive and Fetal Neglect: Failure to thrive (FTT) is a general term used to describe a growth rate or pattern below what is expected. Organic FTT is seen when clear- cut medical reason accounts for the poor growth.

Nutritional Deprivation: Underfeeding (caloric deprivation) causes over fifty percent (50%) of the cases of failure to thrive (underweight) in infancy.

➢ This is usually documented by a weight gain in the hospital of over two ounces per day sustained for at least a week;

➢ A smaller gain is diagnostic if it far surpasses the gain during an equivalent period of time at home;

➢ These cases do not include failure to thrive secondary to organic causes or a feeding error.

Malnutrition: inadequate nutrition as diagnosed by a licensed physician.
Non-organic, or Psychosocial FTT: Described as growth failure related to parent- child pattern of interaction that fails to meet the child’s nutritional needs. Most cases of FTT are a combination of organic and non-organic causes that combine to form a “mixed” type of FTT.

Family Child Care Home: Child care facility in which care is provided for three (3) to ten (10) unrelated children from more than one (1) immediate family, in the primary residence of the provider. (Child Protection/Juvenile Services) (Foster Care)

Family Foster Care: A planned, goal directed child welfare service for child(ren) and their parent(s) who must live apart from each other for a period of time because of physical abuse, sexual abuse, neglect, or special circumstances necessitating out-of-home care. It provides temporary protection and nurturance of children takes place on a twenty-four (24) hour basis in the homes of DFS approved and/or certified families. Placement may include living arrangements in homes of relatives (other than parent(s) or relative(s) from whom the child(ren) was removed). In this level of care the child(ren) attends the public school.

Family Partner(s): The individual member(s) of the Family Team Conference who are identified by the family. (Adult/Child Protection/Juvenile Services)

Family Conference The initial and subsequent gatherings of the family and identified support individuals (Family Team/Support Network) with the purpose of developing a family service plan and supporting its progress. (Adult/Child Protection/Juvenile Services)

Family Conference Facilitator: The person who prepares for the Family Conference, leads the conference and writes the report or family service plan that results from the conference. This can be a DFS representative or a representative from another agency who has been trained as a facilitator. (Adult/Child Protection/Juvenile Services)

Family Team: A team of members ,including the vulnerable adult/child(ren)/youth, parents (including absent parent), maternal/paternal relatives, siblings, other family members, other family supports, and service providers that attend the family partnership conference. Those members of the partnership team that are non-negotiable include the DFS worker, foster- parent(s), parent(s), and vulnerable adult/child(ren)/youth.

Family Planning/Planned Parenthood: Planning intended to regulate the number and spacing of children in a family through the practice of contraception or other methods of birth control. Also, a program or services offering counseling, education and health-care services and/or treatment for family planning purposes and for reproductive health. (Child Protection/Juvenile Services)

Family Service Plan/Family Preservation Plan: Refer to Case Plan

Fatality: The death of a child or vulnerable adult

Fictive Kin: The unrelated biological father or mother of the child's half sibling in the same category as a relative/kinship family. (Child Protection/Juvenile Services)

Fiduciary: A trustee under a testamentary or other trust an executor, administrator, or personal representative of a decedent’s estate, or any other party including a trust advisor or a trust protector, who is acting in a fiduciary capacity for any person, trust or estate. (W.S. 4-10-103 (a)(vii))

Final Risk Level: After completing the override section, indicate the final risk level which is the highest of the scored risk level, policy override risk level (which is always very high) or discretionary risk level.

Follow-up: A caseworker meeting with the family following case closure in substantiated cases. Generally this meeting takes place within three to six months of case closure to ensure that the family is maintaining child safety and permanency. (Child Protection)

Formal Visits: When the child(ren)/youth and parent(s) are able to spend time together to build their relationship. These occur at least monthly but weekly is recommended. If the family members do not reside in the same county, phone calls and letters may be used as weekly visitation. (Child Protection/Juvenile Services)

Foster Care: 24-hour substitute care, with Department of Family Services responsible for placement and care for children outside their own homes. Placement includes living arrangements in homes of relatives (other than parents or relatives from whom the child was removed). Other placements include adoptive placements prior to the finalization of adoption, foster family homes, group homes, and child care institutions including emergency shelters. (Child Protection/Juvenile Services)

Foster-Adopt Home: A home developed specifically with the idea of possible adoption as the outcome of placing a foster child(ren). Such homes may be required to assist in reunification efforts with the child(ren)’s original family, yet must recognize the child(ren) may become available for adoption. The foster-adopt home should be willing to be a resource for the child(ren) regardless of the outcome. Foster Adopt Homes are not encouraged. (Child Protection/Juvenile Services)

Foster Parent(s): person or people who are responsible for providing child(ren)/youth with safe, nurturing, and secure environments when removed from their parent(s) Foster parent(s) may include, but not limited to certified foster parents, relatives (certified or non-certified) and/or affinity/kinship. (Child Protection/Juvenile Services).

Guardian- The person appointed by a court of proper jurisdiction to have guardianship of the vulnerable adult. Guardianships may be limited to specific needs of the vulnerable adult. See also Title 3 of the Wyoming Statutes, Guardianship and Ward. (Adult Protection)

Guardian Ad Litem (GAL): An individual appointed by the court to protect the best interests of a child, vulnerable adult or other incompetent person in a court proceeding. GALs are considered agents or officers of the court, and the office of such persons is to represent the best interests of the child, vulnerable adult or other incompetent person in a court proceeding. (Child Protection/Juvenile Services/Adult Protection)

Goal: A clear statement of what the child(ren)/youth and family want to achieve. The statement indicates what the caregiver/youth will do that demonstrates protective actions to mitigate danger over time. Goals should be positive, strength based measurable, and stated in behavioral terms. They shall be reasonable and achievable and address the underlying conditions or needs while taking into account the identified strengths of the child(ren)/youth and family. (Child Protection/Juvenile Services)

Harm Statement/Statement of Allegations: Past Action by a caregiver/youth that have hurt and/or impacted the child/vulnerable adult/community physically, developmentally, or emotionally.

Child Protection Harm Statement Formula: Who reported--what caregiver action/inaction---impact on the child.
Probation Harm Statement Formula: Who reported--what youth action/inaction--- impact on the youth/victim/community.

Health Care Provider: A general term used to identify a health care facility and/or medical professional (e.g., physician, nurse, physician’s assistant) providing, directing, supervising or recommending a schedule of medical services to or on behalf of an individual. (Adult/Child Protection/Juvenile Services)

Hospital Review Committee (HRC): An entity established to deal with medical and ethical dilemmas arising in the care of patients within a hospital or health care facility. Where they exist, HRC may take many organizational forms, such as an "infant care review committee” or an "institutional bioethics committee." (Child Protection)

High Risk Behaviors : Behaviors which place a child at risk of contracting or transmitting Viral Hepatitis, Human Immunodeficiency Virus, or sexually transmitted infections by the following (Adult/Child Protection/Juvenile Services):

Sexual intercourse with an infected person(s) or person(s) at high risk of infection, to include injection drug users and persons infected with STIs;
Exposure to infected blood or blood-derived products;
Multiple sexual partners;
Sharing needles or other injection paraphernalia with injection drug users;
Sharing needles or other equipment such as rinse water, body piercing, tattooing, injecting insulin or any other inject able prescription drug. These activities may cause exposure to infected blood;
Use of alcohol or other drugs can result in increased risk taking.

Human/Labor Trafficking: the recruitment, harboring, transportation, provision, or obtaining labor services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

Imminent Danger: Includes threatened harm and means a statement, overt act, condition or status which represents an immediate and substantial risk of sexual abuse or physical or mental injury, even when there are no signs of injury. (Child Protection/Adult Protection)

Immediate Response: Involves in-person contact occurring immediately (Immediate - at that moment and made no later than 24 hours after receipt of the report) with the alleged victim and/or family when the report alleges any of the criteria listed in CPS or APS Rules. (See CPS Rules Chapter 2 or the APS Rules, Chapter 2). (Adult/Child Protection)

Inactive Referral Status: Status requested by a foster home so they are not contacted about taking new placements. (Child Protection/Juvenile Services)

Independent and Transitional Living Services- services to assist a youth transition to self- sufficiency by providing Chafee funded services such as assistance in obtaining a high school diploma, career exploration, training in daily living skills, training in budgeting and financial management skills, substance abuse prevention, and preventive health activities

Indian Child: An unmarried person who is under age 18 years old and is a member of or eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe. It should be noted that ICWA applies to children who are members of or eligible for membership only in federally recognized tribes and Alaska native villages and corporations. (Child Protection/Juvenile Services)

Indian Child Welfare Act (ICWA): A federal law which regulates child custody placement proceedings involving Indian children and mandates preventive services before removal. Child custody proceeding does not include placement resulting from an act, if committed by an adult, would be deemed a crime. (Child Protection/Juvenile Services)

Indian custodian: Any Indian person who has legal custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody, and control has been transferred by the parent of the child. (Child Protection/Juvenile Services)

Individuals with Disabilities Education Act (IDEA): law ensuring services to children with disabilities throughout the nation. IDEA governs how states and public agencies provide early intervention, special education and related services to more than 6.5 million eligible infants, toddlers, children and youth with disabilities. ❖ Individualized Education Program (IEP): a written statement for each child with a disability that is developed, reviewed, and revised in a meeting. ❖ Surrogate: Each public agency must ensure that the rights of a child are protected by determining the need for, and assigning, a surrogate parent whenever:

No parent (as newly defined at 34 CFR 300.30) can be identified;
The public agency, after reasonable efforts, cannot locate a parent;
The child is a ward of the State under the laws of that State; or
The child is an unaccompanied homeless youth as defined in section 725(6) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(6)).
The surrogate parent alternatively may be appointed by the judge overseeing the child’s case, provided that the surrogate meets the requirements in 34 CFR 300.519(d)(2)(i) and (e).
A surrogate parent may not be an employee of the State educational agency (SEA), the local educational agency (LEA), or any other agency that is involved in the education or care of the child but that a person otherwise qualified to be a surrogate parent under the IDEA.

Infant: A child less than one year of age. These procedures neither imply that treatment should be changed or discontinued when an infant reaches one year of age, nor affect or limit existing protections under state laws regarding medical neglect of children over one year of age. (Child Protection)

Initiate: When a report is received by the local office, the report is considered initiated and the time lines begin when collateral contacts are initiated and contact is attempted with the victim and the alleged perpetrator. (Adult/Child Protection)

Injection Drug Users (IDUs): Any person who inserts by needle any illegally acquired or un- prescribed drug into his/her own or someone else’s body.

Injunction: An order granted by a court of proper jurisdiction whereby one person or agency is required to do or refrain from doing a specified act. (Adult Protection)

Injury: Any harm, including disfigurement, impairment of any bodily organ, skin bruising, laceration, bleeding, burn, fracture or dislocation of any bone, subdural hematoma, malnutrition, dehydration or pressure sores. (Adult/Child Protection)

Institutional Child/Vulnerable Abuse and Neglect: Situations of child or vulnerable abuse or neglect where a foster home or other public or private residential home, institution, facility or agency is responsible for the child’s welfare. Institutional Child Abuse and Neglect may include, but is not limited to (Child Protection):

Facility abuse and/or neglect as a result of social or institutional policies, practices or conditions;
Child abuse and/or neglect committed by an employee of a public or private institution or group home against a child in the institution or group home.

Instrumental Activities of Daily Living (IADLs): The basic tasks that are essential (instrumental) to living independently in a community (e.g. paying bills, preparing meals, shopping, using the telephone, cleaning house, laundering). Tasks do not involve personal care. (See also Activities of Daily Living ADLs)

Intake: The process of identifying cases of vulnerable adult/child neglect and abuse. It refers to all activities which must be performed to receive reports alleging adult/child maltreatment, assess whether the report meets the definition of adult/child abuse or neglect, determines the Department’s response, the urgency of the response, and begin to assess the safety of the adult/child(ren). Track assignment shall be completed within twenty-four (24) hours of receipt of intake. Allegations of abuse or neglect may be received from any source. (Adult/Child Protection)

Intake: Careful detailed work which lays the foundation for making well-informed decisions throughout the life of a case. The quality and consistency of information gathered at this stage directly impact subsequent interventions. (Juvenile Services)

Intensive Family Foster Care (IFFC): Type of foster home certification which is different from specialized foster care as far as the number and variety of therapeutic services provided to the child and foster family. The requirements for IFFC are the same as for specialized foster care with additional requirements as specified in policy. Receives foster care maintenance payment at a specialized rate.

Intensive Supervision Program (ISP): A Court sanctioned, objective-based supervision strategy consisting of three graduated levels designed to focus on public safety, offender accountability, and long-term behavioral change. It is a balanced approach to supervision that involves a full range of community resources including, the offender’s family, treatment professionals, educators/employers, and additional resources targeted solely toward Wyoming Boys’ School and Wyoming Girls’ School bound youth. (Juvenile Services)

Intensive Supervision Program Agreement: The form that outlines ISP requirements. This form is signed by both the ISP participant and the ISP Officer. (Juvenile Services)

Intentional: A conscious and deliberate attempt to inflict harm, injury or intimidation

Intermediate Sanction(s): A graduated continuum of restrictions to be implemented in lieu of revocation when an individual violates his/her program conditions.( Juvenile Services)

Interstate Compact on Adoption and Medical Assistance (ICAMA): ICAMA was established to ensure that adopted children subject to an adoption subsidy agreement moving across state lines receive medical and other services. (Child Protection/Juvenile Services)

Interstate Compact on Juveniles (ICJ): A federal law which provides the mechanism to effect and regulate the movement of a juvenile across state lines while serving the ends of justice, the welfare of the youth and the protection of the community. The Compact has been adopted by every state to provide uniform procedures to permit the return of juveniles who run away and a system under which juvenile offenders can be supervised in other states. Wyoming enacted legislation in 1957, W.S. 14-6-101, Articles I to XVI, and became a member state shortly thereafter. (Juvenile Services)

The Interstate Compact on the Placement of Children (ICPC): ICPC is an agreement among all the states which provides a process to move children across state lines for the purposes of foster care and/or adoption while protecting their safety. It is also used to place children into Residential Treatment Centers. The Compact has been adopted by every state to establish orderly procedures for placement of minors and to fix responsibility for those involved in that placement. Wyoming enacted legislation in 1965, W.S. 14-5-101 through 14-5-108, and became a member state shortly thereafter. (Child Protection/Juvenile Services)

Intervention: An action taken by DFS on behalf of or with a child(ren)/youth, adult, and family having an open case with the department.

Intimidation: The communication by word or act to a vulnerable adult that he, his family, friends or pets will be deprived of food, shelter, clothing, supervision, prescribed medication, physical or mental health care and other medical care necessary to maintain a vulnerable adult. (Adult Protection)

Juvenile Detention Alternatives Initiative (JDAI): The goal of Juvenile Detention Alternatives Initiative is to eliminate the inappropriate use of juvenile detention through alternatives to incarceration. Implemented by the Annie E. Casey Foundation (AECF) utilizing eight core strategies. Wyoming distanced itself from AECF regarding JDAI in 2010 however Wyoming still replicates practices regarding the eight core strategies. (Juvenile Services)

Juvenile Detention Risk Assessment (JDRA): The assessment used by law enforcement when citing a juvenile or taking a juvenile into custody. This assessment helps the law enforcement official make an educated decision on whether to detain the juvenile, release to a parent/custodian, or to place the juvenile in a detention alternative. (Juvenile Services)

Juvenile Assessment: The juvenile risk assessment tool used by DFS JS probation officers to assess youth’s level of risk to re-offend.

Kin/Kinship (Affinity): Individuals whom the child/youth, family or individual recognizes as "family" and who may or may not be related by blood, marriage or adoption. (Child Protection/Juvenile Services/Adult Protection) Also refer to Affinity and Relative

Kinship Care: Individuals whom the child/youth, family or individual recognizes as "family" and who may or may not be related by blood, marriage or adoption. (Child Protection/Juvenile Services) Also refer to Affinity and Kin/Kinship

Lack of Supervision: Any act or omission resulting in harm or potential harm to a child(ren) due to inadequate supervision, including putting a child(ren) in a situation that requires judgment or actions beyond the child(ren)'s level of maturity, physical condition, or mental abilities that results in bodily injury or the likelihood of harm to the child(ren). (Child Protection) Any act or omission resulting in harm or potential harm to a vulnerable adult who is in their home or placed in a group home or facility.

Least restrictive: The placement of a child(ren) at a level of care where the child(ren)’s treatment and safety needs can be met while still providing the most integrated services and community setting possible. The recommended placement is in the family home or a home- like setting in the closest proximity to the child(ren)’s family’s current living arrangement. Least restrictive also means making a placement decision that gives consideration to the families financial and transportation situation, as well as their ability to visit frequently. This provides the opportunity for the family to participate in the child(ren)’s treatment plan. (Child Protection/Juvenile Services)

Least Restrictive Intervention: Acquiring or providing services, including protective services, for the shortest duration and to the minimum extent necessary to remedy or prevent situations of actual mistreatment, abandonment or self neglect.

Legal Custody: A legal status created by court order which vests in the custodian the right to have physical custody of a minor, the right and duty to protect, train and discipline a minor, the duty to provide him/her with food, shelter, clothing, ordinary medical care, education and in an emergency, the right and duty to authorize surgery or other extraordinary medical care. The rights and duties of legal custody are subject to the rights and duties of the guardian of the person of the minor and to residual parental rights and duties. (Child Protection/Juvenile Services)

Child Placing Agency (Licensed). Any entity that arranges for the placement or temporary care, maintenance, and supervision of children in a place other than the home of their parents or relatives. A CPA recruits, train, approves and provides oversight for its own foster homes. (Child Protection/Juvenile Services)

Local Office: The nearest office of the Department through which Department programs and services are administered

Long-Term Group Home Care: In order to pay for long-term care, there must be a court order stipulating the child(ren) be placed at a group home. The child(ren) must also be placed into DFS custody. Basic rates for maintenance and services vary and are approved and negotiated by/with the State Department of Family Services Financial Services Division. (Child Protection/Juvenile Services)

Major Injury: Any harm, including disfigurement, impairment of any bodily organ, skin bruising, laceration, bleeding, burn, fracture or dislocation of any bone, subdural hematoma, malnutrition, dehydration or pressure sores.

Major injuries include:
a) Major burns, central nervous system injury, abdominal injury, multiple fractures or any life threatening abuse.
b) Major injuries also include inflicted injuries or neglect which require hospitalization for treatment.

Major Life Activities: The functions such as, but not limited to, breathing, seeing, hearing, walking, caring for one's self, performing manual tasks, learning and working. (Adult/Child Protection)

Maltreatment: An act or omission that threatens the health, safety or welfare of a vulnerable adult or child, or which exposed the adult/child to a situation or conditions that poses an imminent risk of death or serious bodily injury.

Medical Care Neglect: The refusal or failure to obtain and maintain treatment services necessary as determined by a licensed physician or dentist, placing a child(ren)’s health at substantial risk (Child Protection)(CPS Rules, Chapter I, Section 4(s)(ii.)).

Failure to Thrive (FTT): is generally a medical diagnosis used to describe a growth rate or pattern. The caseworker role is to gather the social history, seek the medical evaluation, and assist with a treatment plan.
- Organic FTT is when clear-cut medical reason accounts for the poor growth.
- Non-organic, or psychosocial FTT is described as growth failure related to parent-child(ren) pattern of interaction that fails to meet the child(ren)’s nutritional needs. Most cases of FTT are a combination of organic and non- organic causes that combine to form a “mixed” type of FTT.
Nutritional Deprivation: is underfeeding (caloric deprivation) causes over fifty percent (50%) of the cases of failure to thrive (underweight) in infancy.

➢ This is usually documented by a weight gain in the hospital of over two (2) ounces per day sustained for at least a week;

➢ A smaller gain is diagnostic if it far surpasses the gain during an equivalent period of time at home;

➢ These cases do not include failure to thrive secondary to organic causes or a feeding error.

➢ The following physical characteristics may be evidence of FTT include but not limited to:

- ❖ The child(ren) is thin and emaciated;
- ❖ The child(ren)’s height is below the one third (1/3) percentile for his age and birth weight;
- ❖ Cold, dull, pale, and mottled skin is characteristic;
- ❖ The child(ren) is apathetic and withdrawn, avoiding personal contact and not responding emotionally or verbally, may avoid eye contact or have a staring gaze;
- ❖ The child(ren) may have short temper tantrums;
- ❖ Many appear to be insensitive to pain and have self-inflicted injuries;
- ❖ Some are encopretic and enuretic;
- ❖ Insomnia and disrupted sleep are common;
- ❖ Some eat and drink inappropriate substances (garbage, toilet bowel water, pet food).
Withholding needed medical treatment from infants with disabilities, often referred to as Baby Doe, and is prohibited. Withholding medical treatment means failure to respond to the infant's life threatening conditions by providing treatment which, in the treating physician's reasonable medical judgment, will most likely improve or correct such conditions. Appropriate nutrition, hydration and medication (palliative care) shall be provided in all cases.

Providing treatment to infants with disabilities is not required when, in the physician's reasonable medical judgment, any of the following circumstances exist:
- The infant is chronically and irreversibly comatose;
- Provision of treatment would merely prolong dying; or
- Provision of treatment would be virtually futile in terms of the infant's survival and the treatment itself would be inhumane.

Medicaid Facilities: Freestanding psychiatric residential treatment centers have been accredited by CARF, COA, and JCAHO and have not been licensed as a hospital. Admissions must meet “medical necessity” criteria and pre-authorization, among other Medicaid rules. (Child Protection/Juvenile Services)

Mental Disability: A condition causing mental dysfunction resulting in an inability to manage resources, carry out the activities of daily living or protect oneself from neglect, abuse, exploitation or hazardous situations without assistance from others. Whether or not a mental dysfunction of such degree exists is subject to an evaluation by a licensed psychologist, psychiatrist or other qualified licensed mental health professional or licensed physician, if disputed. (Adult Protection)

Mental Injury: An injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in his ability to function within a normal range of performance and behavior with due regard to his culture (Emotional/Psychological Abuse) (Child Protection)

Motivational Interview (MI): A client-centered, directive interview method for enhancing intrinsic motivation to change by exploring and resolving ambivalence.

Multidisciplinary Team (MDT): A court-ordered team whose responsibility is to provide recommendations to the court for the purpose of making service planning decisions. (Child Protection/Juvenile Services)

Munchausen’s Syndrome by Proxy: An abusive parenting disorder in which the parent or caretaker relates fictitious illnesses in the child by either inducing or fabricating the signs or symptoms. (Child Protection)

Neglect: The deprivation of, or failure to provide, the minimum food, shelter, clothing, supervision, physical and mental health care, other care and prescribed medication as necessary to maintain a vulnerable adult’s life or health, or which may result in a life- threatening situation. The withholding of health care from a vulnerable adult is not neglect if (Adult Protection):

Treatment is given in good faith by spiritual means alone, through prayer, by a duly accredited practitioner in accordance with the tenets and practices of a recognized church or religious denomination; or
The withholding of health care is in accordance with a declaration executed pursuant to Wyo. Stats. §§ 35-22-401 through 35-22-416.
Care is provided by a hospice licensed in accordance with and pursuant to Wyo. Stats. §§ 35-2-901 through 35-2-910.

Neglect: As related to a child means a failure or refusal by those responsible for the child’s welfare to provide adequate care, food, clothing, safe shelter, maintenance, supervision, guidance, education, medical care, surgery, or any other care necessary for a child’s well- being. Treatment given in good faith by spiritual means alone, through prayer, by a duly accredited practitioner in accordance with the tenets and practices of a recognized church or religious denominations is not child neglect for that reason alone. Neglect may include, but is not limited to “Educational Neglect” and “Medical Care Neglect.” (Child Protection) (CPS Rules, Chapter I, Section 4 (s)).

Next of Kin: (Adult Protective Services) is the vulnerable adult’s spouse, closest adult child, closest adult sibling, or closest adult grandchild, or, in the case of younger vulnerable adults, the adult’s parent.

Noncustodial Parent: A biological parent not residing in the home who may or may not have legal custody of the child. (Child Protection/Juvenile Services)

Non-Relative Family Foster Care: Type of foster home certification. (Child Protection/Juvenile Services)

Non-Therapeutic Group Home: Twenty-four (24) hour awake supervision for child(ren) who are unable to return to their homes and who respond better to a group situation than a family placement and who attend their neighborhood school who have minor or no identified mental health or substance abuse treatment needs. (Child Protection/Juvenile Services)

Nursing Facility Care: A level of care provided in a licensed facility for individual who require nursing services as well as personal care and supervision.

Offender/ISP Participant: A juvenile, court placed on supervised probation and identified as high risk/high need by the Department. (Juvenile Services)

Older Americans Act (OAA): The federal legislation, enacted originally in 1965, that supported planning and development of certain services for people age 60 and older, regardless of economic status. These services have included, for example, community services employment, congregated and home delivered meals and a variety of other home and community services.

OPPLA/APPLA- Other Planned Permanent Living Arrangement: Refer to APPLA

Parent: the legal guardian or custodian of the minor, his/her natural parent or if the minor has been legally adopted, the adoptive parent; including mother and father (Child Protection/Juvenile Services)-

Absent parent - a biological parent (non-custodial) not residing in the home;
Acknowledged father - a man who has legally established a father-child relationship;
Adjudicated father - a man who has been adjudicated by a court of competent jurisdiction to be the father of a child;
Alleged father - a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined. (Family Service plan, Diligent Search)
- The following may constitute proof that the person is the legal father:
  - Birth certificate listing person as father;
  - Order from court establishing paternity; or
  - Signed and notarized acknowledgement of paternity from individual.
Presumed Father (W.S. § 14-2-402(a (xv)) - a man who was married to the mother of the child on the date the child was born; the man and the mother were married to each other and the child is born within 300 days after divorce/annulment; or the man resided in the same household with the child for the first two years of the child’s life and openly held out the child as his own.

Permanency: An individualized, most appropriate, permanent home for the child, including but not limited to family reunification, relatives, adoption, guardianship, or APPLA. (Child Protection/Juvenile Services)

Person Responsible for a Child's Welfare: Includes the child's parent, noncustodial parent, guardian, custodian, stepparent, foster parent or other person, institution or agency having the physical custody or control of the child. (Child Protection/Juvenile Services)

Personal Representative: An adult person with legal authority to make health care decisions on behalf of the individual. Examples are a health care power of attorney, court appointed legal guardian, general power of attorney, durable power of attorney or an executor of an estate on behalf of someone deceased.

Physical Abuse -Non-accidental traumas which are deliberate physical injuries inflicted by parent(s), caretaker(s) or baby-sitter(s) or physical injuries resulting from indifference, negligence or improper supervision. The injuries can be:

Numerous significant bruises; Minor and major burns;
Single and multiple fracture(s);
Central nervous system injury;
Abdominal injury;
Injuries to the genital area;
Any life threatening abuse;
In its extreme, the result is death;
Major injuries also include inflicted injuries or neglect which require hospitalization for treatment;
Kicking and hitting a child with a closed fist;
Use of an instrument to strike a child and causing significant bruising and /or major injuries;
Rough-handling, spanking, yanking or pushing causing significant bruising and/or injuries;
Even when there are no signs of injury, an incident that resulted in imminent danger, but does not result in injury to the child(ren), is physical abuse. Acts which constitute a serious risk to a child(ren)’s physical or mental health, safety or welfare include, but are not limited to:
- Severely shaking a child(ren) five (5) years of age or younger
- Choking, gagging or interfering with a child(ren)’s breathing;
- Banging a child(ren)’s head against a wall or other object;
- Electric shock;
- Using physical discipline on an infant;
- The reckless use of lethal weapons in the proximity of a child(ren);
- DUI arrest with a child(ren) in the vehicle;
- A baby born with a controlled substance in his/her body as documented and reported by a medical professional.
- A violation of Wyo. Stat. §6-4-405, endangering child(ren) controlled substances.

Physical Injury: Any harm to a child/adult including but not limited to disfigurement, impairment of any bodily organ, skin bruising if greater in magnitude than minor bruising associated with reasonable corporal punishment, bleeding, burns, and fracture of any bone, subdural hematoma or substantial malnutrition. “Physical Injury” is also known as "Physical Abuse.")

Non-accidental traumas: Refer to Physical Abuse/Physical Injury Deliberate physical injuries inflicted by parents, caretaker or baby-sitter or physical injuries resulting from indifference, negligence or improper supervision. The injuries can be rated as: Mild injuries: a few bruises, welts, scratches, cuts, scars.
Moderate injuries: numerous bruises, minor burns, a single fracture
Major injuries include:

1. Major burns, central nervous system injury, abdominal injury, multiple fractures or any life threatening abuse.
2. Major injuries also include inflicted injuries or neglect which require hospitalization for treatment.

Physical Custody or Control: Having responsibility for the health and welfare of a child with the knowledge and/or consent of the parent, guardian, or legal custodian of the child. (Child Protection/Juvenile Services)

Physical Disability: Any condition which would limit a person in their ability to independently manage resources, carry out activities of daily living, or carry out independent activities of daily living. (Adult Protection)

Policy Overrides. After completing the risk assessment, WYCAPS will score the entries. The caseworker determines whether any of the policy override reasons exist. Policy overrides reflect incident seriousness and/or child(ren) vulnerability concerns and have been determined to warrant a risk level designation of very high regardless of the risk level indicated by the risk assessment tool. Policy overrides are entered into WYCAPS and require supervisor approval.

Portfolio: A packet or Life Story Book that contains personal information about the child(ren)/youth. The packet should contain:

Certified birth certificate.
Identification card and/or driver’s license
Placement history.
A brief summary of how, when and why the child(ren)/youth first came into foster care, and why he or she is there now.
A court order stating that DFS had custody of child(ren)/youth through his/her 18th birthday or a court document indicating an adoption or guardianship was established.
School history.
Medical records.
Family health history.
Social Security card and other benefits.
Personal mementos: pictures, letters, baptismal certificate, awards and other mementos from case files or foster parents, including family members' names and whereabouts.
Work history: resume or jobs held and vocational training received
Change of address card
Credit Reports (if applicable) for youth age 14 years or older
Tribal registration (Family Service Plan, Independent Living, Family Foster Care
Life book(s).

Preponderance of the Evidence: The standard of proof which is met when evidence, based on the facts, indicates that it is more likely than not the child(ren)/vulnerable adult was abused or neglected (CPS Rules, Chapter 1, Section 4(k)). (Adult/Child Protection)

Presumed Father (W.S. § 14-2-402(a (xv)) : A man who was married to the mother of the child on the date the child was born; the man and the mother were married to each other and the child is born within 300 days after divorce/annulment; or the man resided in the same household with the child for the first two years of the child’s life and openly held out the child as his own.

Preventive Services: An accepted referral where there are no allegations of abuse or neglect, but there are identified risk factors that might indicate the need for services to prevent abuse or neglect. (Adult/Child Protection)

Probation: A legal status created by court order following an adjudication of delinquency or of a status offense where a child is permitted to remain in his home subject to supervision by a city or county probation officer, the department or other qualified private organization the court may designate. A child is subject to return to the court for violation of the terms or conditions of probation provided for in the court order

Professional Reporter: An individual whose vocation or employment requires specialized knowledge and training such as a member of the staff of a medical or other public or private institution, facility or agency. (Adult/Child Protection)

Program Analyst: The DFS state office staff member whose duties include the provision of consultation and technical assistance in specific program areas (i.e., child protection, adult protection, foster care, private residential programs, etc.) to local DFS office personnel, providers, and clients.

Protective Actions: Actions or behaviors of the caregiver that begin to mitigate the danger but have not been demonstrated over time.

Protective Services: Emergency services provided by the Department to assist vulnerable adults to prevent or terminate abuse, neglect, exploitation, intimidation or abandonment until the vulnerable adult no longer needs those services. These services may include social casework, case management, emergency, short term in home services such as homemaker, personal care or chore services.es consistent with the Adult Protective Services Act, Wyo. Stats. §§ 35-20-102 through 35-20-116. (Adult Protection)

Protective Services Agency (DFS): The state, district or regional offices of the Department of Family Services which includes Adult Protection, Child Protection, Adoption, Foster Care, and Interstate Compact on the Placement of Children and Juvenile Services.

Protective Supervision: A legal status created by court order following an adjudication of neglect, whereby the child is permitted to remain in his home subject to supervision by the department of family services, a county or state probation officer or other qualified agency or individual the court may designate

Protected Health Information (PHI) means any individually identifiable health information, whether oral or recorded in any form or medium that is created for or received by a covered entity and relates to the past, present, or future physical or mental health or condition of an individual; the provision of healthcare to an individual; or the past, present or future payment for the provision of healthcare to an individual. Examples include all oral communication, computer screen print-outs, faxed documents, hard copy birth or death certificates, paper records or printed e-mails that have identified individual’s health information, claim or billing information.

Provider: DFS provider: 24-hour substitute care for children placed away from their parents or guardians and for whom DFS has placement and care responsibility (i.e., foster care, group home, residential treatment center). (Child Protection/Juvenile Services)

Psychological/Emotional Abuse: an injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in his ability to function within a normal range of performance and behavior with due regard to his culture. “Psychological and Emotional Abuse” is also known as “Mental Injury.”

No Terms At This Time

Reasonable and Prudent Parent Standard: The careful and sensible parental decisions that maintain the health, safety, well-being and best interests of a child(ren)/youth while encouraging the emotional and developmental growth of the child(ren)/youth. The standard allows foster parents to make certain decisions regarding a child in their care when following state statutes and policy requirements.

Reasonable efforts: The term "reasonable" generally means fair, proper, just, moderate, or suitable under the circumstances. Reasonable efforts means doing what is reasonable; it does not mean doing everything that is possible.

Recklessly: A person who consciously disregards a substantial and unjustifiable risk that the harm he/she is accused of causing will occur, and the harm results. The risk shall be of such nature and degree that disregarding it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.

Relative: Individuals of specified degree who had a legal relationship with the child at the time the child entered care, as follows (Child Protection/Juvenile Services):

Any blood relative (including adult siblings) or half blood relative, including persons of preceding generations denoted by the prefixes of grand, great or great-great who is related to the child through the biological or adoptive mother or the legal or adoptive father of the child.
Aunts, uncles, adult first cousins and adult first cousins once removed who are related to the child through the biological or adoptive mother or the legal or adoptive father of the child.
Stepparent(s) or ex-stepparents who had a personal relationship with the child prior to the child entering foster care.
Adoptive parents of the sibling of the child or persons who have been designated the adoptive resource for a sibling of the child, and the adult biological and adopted children of the adoptive or designated adoptive parents.
Also refer to Affinity, Kin/Kinship, IV-E definition of Relative

Relative Foster Care: Relative Family Foster Care – Issued to individual(s) who are related by blood, marriage or adoption to the child(ren)/youth in care and who is/are solely interested in caring for their own relative(s). Foster care maintenance payment rate is the same as for non-relative family foster care.

Relative Foster Care (Certified/Non IV-E Eligible): The approval process is similar to Family Foster Care, except the requirement to complete PRIDE training has been waived. Since the relative is not considered fully certified, IV-E reimbursement is not allowed. Foster care payment is the same as family foster care. (Child Protection/Juvenile Services)

Relative Care (Non Certified/Non IV-E Eligible): Relative care that is not considered to be certified and as a result, are not qualified to receive a foster care maintenance payment. Families providing relative care may receive a caretaker-relative POWER payment and medical coverage for the child(ren)/youth. The relative(s) must meet certain minimum requirements. Per WS 14-3-208, no adult household member living in the home may have been convicted of a crime involving serious harm to children or have a substantiated case listed on the Central Registry established pursuant to W.S. 14-3-213. (If the child(ren) is in DFS custody, reviews, case plans, minimum contact, etc., are still required.) (Child Protection/Juvenile Services)

Residential Treatment Facility: In order to pay for residential care, there must be a court order stipulating that the child(ren)be placed at a residential level of care. Basic rates for maintenance and services vary and are approved and negotiated by/with the State Department of Family Services Financial Services Division. (Child Protection/Juvenile Services)

Residual Parental Rights And Duties: Those rights and duties remaining with the parents after custody, guardianship of the person or both have been vested in another person, agency or institution. Residual parental rights and duties include but are not limited to:

The duty to support and provide necessities of life;
The right to consent to adoption;
The right to reasonable visitation unless restricted or prohibited by court order;
The right to determine the minor's religious affiliation; and
The right to petition on behalf of the minor.

Resources: Having access to or the ability to pay for community services or programs.

Respite Care: A family support service offered to foster families. Respite care is typically one foster family caring for the foster children of another foster family to give them a short break. Respite can enhance the treatment and care of children in foster care and prevent unnecessary placement disruptions due to foster parent exhaustion and burnout. (Child Protection/Juvenile Services) Respite is also available for adults under the emergency services policy.

Risk Assessment: A process and an instrument used by the caseworker which considers the likelihood of subsequent abuse or neglect.

Risk-Control Strategies: A planned means of monitoring an offender’s activities through individualized curfews, electronic monitoring, weekly itineraries, and various contacts with ISP Officer(s). (Juvenile Services)

Runaway: A juvenile who has run away from his/her home without the consent of parent, guardian, person or agency entitled to his/her legal custody or supervision. (Juvenile Services)

The Safe and Timely Interstate Placement of Foster Children Act of 2006: (P.L. 109-239) A federal law which became effective October 1, 2006 federally and in the State of Wyoming. The law amends Titles IV-B and IV-E of the Social Security Act, encourages States to improve protections for children and holds them accountable for the safe and timely placement of children across State lines. (Child Protection/Juvenile Services)

Safety: Actions of protection taken by the caregiver that mitigate the danger and are demonstrated over time.

Safety Assessment: The process focusing on identifying threats of harm, evaluating their potential severity, assessing the vulnerability of and adult/child(ren), determining the imminence of the threat, and identifying what protective capacities exist in the adult/child(ren)’s environment. (CPS Rules, Chapter 1) (Adult/Child Protection)

Safety For A Newborn (Safe Haven): W.S. 14-11-101 thru 109 allows a parent or parent’s designee who expresses intent not to return to voluntarily relinquish an infant 14 days old or younger to the physical custody persons at a fire station, hospital or police department/sheriff’s office.

Safety Plan - Detailed plan of action made in response to specifically identified danger that creates clear and observable guidelines regarding the potential danger and how the child/adult/community are to be protected. Identifies and implements specific ways of controlling threats to safety. A safety plan shall become part of the case plan for vulnerable adult/child(ren)/families who are receiving services or have a substantiated allegation of abuse or neglect.

Scored Risk Level: A score for each assessment item is derived from the caseworker’s observation of the characteristics described in the tool. Some characteristics are very objective (such as prior child(ren) abuse/neglect history or the age of the child(ren)), while others require the caseworker to use discretionary judgment based on his or her assessment of the family. Sources of information used to determine the caseworker’s endorsement of an item may include statements by the child(ren), caretaker, or collateral contacts, caseworker observations, reports, or other reliable sources. (Adult/Child Protection) (CPS Rules, Chapter 1, Section 4(z)).

Self-neglect: When a vulnerable adult is unable, due to physical or mental disability, or refuses to perform essential self-care tasks, including providing essential food, clothing, shelter, or medical care, obtaining goods and services necessary to maintain physical health, mental health, emotional well-being and general safety, or managing financial affairs. (Adult Protection)

Selection of Services: The declaration of need of the child which when provided or purchased during the 180 days of eligibility for EA may alleviate the emergency. (Child Protection/Juvenile Services)

The provision of services to a child is not dependent on eligibility for the EA or IV E program;
The federal programs are a funding source only when the child is qualified (determined eligible);
Ineligibility for either program is not a denial of needed services.
Understand the date in WYCAPS starts a 30-day time period within which services can be selected which may be purchased or provided during the 180-day eligibility period.

Service provision - The set of activities and the relationships you bring into play to address safety and help the vulnerable adult/child(ren)/youth/families control and manage their lives. Services provided should be least intrusive as possible. (Adult/Child Protection/Juvenile Services)

Sexual abuse: Sexual contact including, but not limited to, unwanted touching, all types of sexual assault or battery as defined in W.S. 6-2-302 through 6-2-304, sexual exploitation and sexual photographing (Adult Protection)

Sexual Abuse: In the case of a child means the commission or allowing the commission of a sexual offense against the child as defined by law, which includes any sexual contact or sexual exploitation of a child by parents, caretakers, siblings, or other adults or children living in the home. (Child Protection) (CPS Rules, Chapter 1, Section 4(cc)):

There are three components to consider in evaluating the child suspected of having been sexually abused:

➢ The history or the child’s statement of what happened;

➢ A behavioral assessment, which assesses the behavioral patterns of the child, and then comparing them with the behavioral indicators typical of abused children, and then deciding which indicators the child is demonstrating, their importance, and their specificity;

➢ The physical examination.

Alert: Neither the physical examination nor the behavioral indicators should be considered separately as evidence; they can only support the history given by the child.

Sex Trafficking: The recruitment, harboring, transportation, provision, or obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act. Sex trafficking in which Commercial sexual act is induced to perform such act through the use of force, fraud, or coercion.

Sexually Transmitted Infections: Infections that are often or usually passed from one person to another during sexual or intimate contact.

Smoke Free: An environment where secondhand smoke is not ingested by another individual on the premises. (Foster Care)

Solution Focused Inquiry: A practice of using questions and having conversations that strengthen an individual or family’s capacity to achieve their own best judgement in difficult times by surfacing and making visible people’s past and present capacities (how they survived trauma), achievements, assets, networks of support, unexplored potentials, innovations, strengths, values, traditions, and visions of valued and possible futures.

Special Investigators: Designated DFS staff specially trained to conduct special investigations. (Adult/Child Protection)

Specialized Family Foster Care: Designation for specially trained and certified foster family homes for a child(ren)/youth with documented treatment needs who can live in a family setting but require a higher level of care from foster parent(s) with special skills. The objective is to avoid having to place the child(ren)/youth in a more restrictive and more costly residential treatment facilities. Of paramount importance is that the child(ren)/youth lives as close to home as possible and within a family setting. (Child Protection/Juvenile Services)

Specialized Foster Care: Payments are established on the rate schedule of July 1, 2006 to accommodate child(ren) with special needs as identified in policy.

Staffing: A review of strengths/issues/problems regarding a particular case with a Supervisor, a County Manager and/or other Officer(s).

Status Offense: An offense which, if committed by an adult, would not constitute an act punishable as a criminal offense by the laws of this state or a violation of a municipal ordinance, but does not include a violation of W.S. 12-6-101(b) or (c).

Substantiated report (Adult Protection): Any report of abandonment abuse, exploitation, intimidation, or neglect pursuant to Wyo. Stats. §§ 35-20-101 through 35-20-116 that is determined upon investigation to establish that credible evidence of the alleged abandonment abuse, neglect, exploitation or abandonment exists.

Substantiated Report: any report of child abuse or neglect made pursuant to W.S. 14-3-201 through 14-3-216 that, upon investigation, is supported by a preponderance of the evidence

Substantial Risk: A strong possibility as contrasted with a remote or insignificant possibility. (Adult/Child Protection)

Supervision Strategies: A graduated continuum of supervision, rewards and intermediate sanctions to provide a balance of intervention, surveillance and enforcement. (Juvenile Services)

Support Network (family partner(s)): Refer to Family Conference

Team Leader: The person assigned to be the lead special investigator. The team leader is responsible for the coordination of all notifications and activities associated with the special investigation. The team leader is responsible for preparing the report of the investigation. (Adult/Child Protection)

Therapeutic Foster Care: Foster family-based services provided to a severely emotionally disturbed child(ren) in a specially trained family as an alternative to services provided in an institutional setting. Eligibility for this Medicaid service is limited to a child(ren) who cannot be maintained in the individual’s own home and where foster parents are given clinical training and supervision to deal with the child(ren) placed with them. (Child Protection/Juvenile Services)

Transitioning: Helping to reduce the trauma caused by the placement process and to build familiarity with the substitute living arrangement through a series of visits. Transitioning is limited to the degree of risk to the child(ren)’s safety. (Child Protection/Juvenile Services)

Transportation: To convey the child from one place to another by the custodian or someone acting on his behalf in the performance of required duties, but does not require the state to provide incidental travel or to purchase a motor vehicle for the child's own use to travel. (Child Protection/Juvenile Services)

Trauma: A deeply disturbing experience that may be;

Acute: a single traumatic event that is limited in time
Chronic: experience of ongoing or multiple traumatic events
Complex: both the exposure to chronic trauma and the complex impact of such exposure

Unsubstantiated Report: Any report of adult/child abuse or neglect which is determined, after an investigation, is not supported by a preponderance of the evidence.

Violation(s): A behavior(s) contrary to Court ordered conditions or behavior contrary to the ISP Agreement. (Juvenile Services)

Visitation: The process of children/youth and families spending time together to maintain and build their relationship.

Vulnerable Adult: Any person eighteen (18) years of age or older who is unable to manage and take care of himself or his money, assets or property without assistance as a result of advanced age or physical or mental disability. (Adult Protection)

Weapons/Firearms - A weapon 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. (Adult/Child Protection/Juvenile Services)

Ward: A person who had been adjudicated incompetent (lacks capacity) or for whom a guardian has been appointed by a court of competent jurisdiction

Withholding of medically indicated treatment: The failure to respond to the infant’s life threatening conditions by providing treatment which, in the treating physician’s reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all such conditions. (Child Protection)

WYCAPS (Wyoming Children’s Assistance and Protection System): The automated case management system used by DFS employees. (Adult/Child Protection/Juvenile Services)

No Terms At This Time

Partnering Agencies

The Department of Family Services, Adult Protective Services coordinates with the following agencies to ensure that vulnerable adults are free from abuse, neglect, self-neglect, exploitation, intimidation and abandonment. The following chart lists agencies and describes their role in the investigation, assessment and provision of services for the vulnerable adult population in Wyoming.

Attorney General Domestic Violence and Victim Services State office 307-777-7200 (Contact for county information for Victim Services offices)	Adult Protective Services partners with local domestic violence and victim services agencies to provide resource to victims of adult abuse/neglect. Services may include safety planning, counseling, court services and shelter services for victims and their children if needed.
Attorney General Medicaid Fraud Control Unit (MFCU) 307-777-3444	DFS notifies the MFCU of all reports involving services and facilities funded by Medicaid (includes in home services, DDD and Mental Health group home residents and nursing homes)
Board of Nursing (BON) 307-777-3425Wsbn-info-licensing@wyo.gov	Responsible for licensing Registered nurses, APRNs (ex. Psychiatric Mental Health Nurses, Family Nurse Practitioners) Licensed Practical Nurses and Certified Nurse Aids. The BON will consult with DFS on specific cases upon request and had the authority to take disciplinary action and revoke licenses. In addition they maintain a registry for licensed nursing staff who may have a revoked or suspended license. The registry for certified nurse aides is housed within the Office of Health Licensing and Survey.
County and District Attorneys	County/District Attorneys may be needed to be involved in order to gain access to a vulnerable adult, obtain critical records and or to facilitate court actions. These functions may also be provided by the Attorney General’s Office, Civil Division, County /District Attorneys may also be needed to prosecute perpetrators of adult abuse, neglect, intimidation, exploitation or abandonment.
Department of Family Services (DFS)/Adult Protective Services 307-777-3602	Accepts and investigates allegations of abuse, neglect, self-neglect, intimidation, exploitation and/or abandonment in all settings including facilities. DFS may work with law enforcement if criminal violation is suspected, to assist in gaining access to the vulnerable adult, for all investigations and when security is needed and to assist in documentation and facilitate prosecution. Intakes that do not include abuse/neglect allegations are assessed for needed services and DFS advocates for the client in arranging these services.
Department of Health/Aging Division/Community Living Section 307-777-7995	The Aging Division, in cooperation with the Long Term Care Ombudsman responds to complaints originating in adult day care, assisted living facilities, long term care facilities and in home services. These investigations may be done in partnership with DFS. The Aging Division is a major referral source for DFS caseworkers when arranging services for vulnerable adults. The majority of services are for elderly; however, vulnerable adults with developmental disabilities, physical and mental limitations are also eligible. Aging services service are most frequently accessed through Senior Centers. The Division also provides funding for Legal Aid of Wyoming.
Department of Health/ Aging and Disability Resource Center 1-800-442-2766	ADRC provides a coordinated and early intervention approach that connects the public to supports and services such as information and referral (also 2-1-1), options counseling, person-centered discharge planning, benefits counseling and program eligibility information.
Division of Behavioral Health Community Mental Health Agencies 307-777-6494	Mental Health Centers receive funding to assist in mental health assessments of vulnerable adults and to provide critical input when assessing mental capacity. In addition there is a Veteran’s Outreach and Advocacy Program (777-8627)
Division of Behavioral Health Developmental Disabilities307-777-7115	Participant Support Specialists and the Provider Support Specialists are supportive, collaborative partners for DFS when conducting investigations involving clients with developmental disabilities. DDD is notified by DFS and coordinates with DFS on assessment and investigations involving facilities/programs for which the DDD is responsible for licensure. DFS may need to refer vulnerable adults with developmental disabilities to the DDD for programs and services. In addition there is a Provider Support Unit Manager.
Department of Health Division of Public Health307-777-1913	Public Health offices may participate in the APS teams in their counties. Public Health Nurses (PHN) are mandated to report abuse, neglect etc. and they also administer LT101s and develop service care plans to help facilitate placement in the least restrictive environment. PHNs may perform nursing health assessments in the home setting as staffing allows.
Law Enforcement (includes DCI investigator of Medicaid Fraud Control Unit)	Accepts and investigates reports of abuse, neglect, intimidation, exploitation and abandonment of vulnerable adults in all settings including facilities. They have the lead role when a report involves criminal activity but it is critical that we partner in case they cannot prosecute criminally and we can still substantiate. Depending on the allegation and circumstances of the case DFS workers can and should partner with law enforcement officers to conduct investigations.
Office of Health Licensing and Survey (Behavioral Health)307-777-7123	Licensing and regulatory agency for nursing homes, assisted living facilities, state institutions etc. DFS notifies the Office of Health Licensing and Survey (OHL) of intakes involving facility staff. When DFS receives intakes involving facilities that are of a licensing nature, there intakes are referred to OHL for follow up. Upon agreement of both agencies, some investigations are conducted jointly. If they are unable to do an assessment of a decubitus within our 3 day face to face Public Health Nursing is a resource for our worker. Every facility survey isavailableonline at: http://www.medicare.gov/NHCompare/home.asp#NewSearch OHL also maintains the registry for Certified Nurse Aids.
Protection and Advocacy 307-632-3496	An agency for people with developmental disabilities and mental illness. They will initiate an investigation upon request of the person with the disability on his/her behalf. They may work in partnership with DFS conducting investigations. They are not able to substantiate and so DFSalso needs to do an investigation even if P&A has done one.
Victim Services (Wyoming Office of the Attorney General)307-777-3200	The Division of Victim Services provides all victims of crime with the assistance and services essential for their restoration. They assist victims of crime, provide awareness, education and training to the general community, and support legislative, judicial and social reforms. In addition they administer the Crime Victim Compensation Program that provides financial assistance to victims that have suffered personal injury as a result of a criminal act. Benefits are awarded for out-of-pocket expenses, medical expenses, lost wages and counseling costs related to emotional and physical injury suffered by the victim and the victim’s family. They also provide a 24 hour crisis hot line and emergency safe homes or shelters. They are a critical partner when family violence or sexual assault is reported to DFS.
Weatherization Assistance Program Department of Family Services800-246-4221Click here for website	Weatherization reduces energy costs for low-income families by improving the efficiency of their homes and the weatherization agencies install cost-effective measures to reduce home energy consumption in hot and cold climates.
Legal Aid of Wyoming 877-432-9955 http://lawyoming.org Offices in Cheyenne, Casper, Lander and Ft. Washakie	For Seniors: Legal Aid of Wyoming offers the Legal Services Developer program, a free resource and legal representation for those 60 years of age and older (and for those helping Senior Citizens). For those younger there is a financial eligibility application which can be found on their web page, www.wyominglawhelp.org
Wyoming Guardianship, Inc. P.O. Box 2778 Cheyenne, Wyoming 82003307-635-8422Substance Abuse and Mental Health Ombudsman 307-632-5519	A resource for trainings, Guardianship, Conservatorship and the Representative Payee program and also houses the Mental Health and Substance Abuse Ombudsman. Provides guardianship services for individuals at risk or for whom there is no other person willing or able to serve. Provides technical assistance for guardianship issues.
Wyoming Independent Living Rehabilitation Casper, Wyoming800-735-8322http://www.wilr.org	Educates and empowers Wyoming citizens with disabilities by providing the necessary tools to live independently and with dignity. Offering programs ranging from independent living, visually impaired services, consumer directed care, nursing home transition.
Wyoming Services for Independent Living Lander, Wyoming307-332-4889800-266-3061	Providing the same services as above for the Western half of Wyoming. Offices in Lander, Rock Springs and Powell, Wyoming

APS Statues

TITLE 35 - PUBLIC HEALTH AND SAFETY

Please visit State of Wyoming Legislature to locate all Wyoming Statutes.

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