Child Care Subsidy Policy Manual

Child Care Subsidy Policy

Table of Contents

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September 2025

100 Purpose of the Child Care Program
200 Definition of Terms
300 Verification/Documentation/Evidence
400 Application Process
500 Eligible Persons/Assistance Unit Composition
600 Other Eligibility Factors
700 Participation/Cooperation Requirements
800 Assets
900 Income
1100 Basic Benefit Computation
1200 Determining Benefit Level/Benefit Period
1300 Processing/Issuing Benefits
1400 Notification
1500 Reporting Requirements/Action on Changes
1600 Review/Re-Certifications
1900 Informal Conferences/Administrative Hearings
2000 Overpayment Recovery Disqualification Purpose

Attachment Title
A Child Care Providers
B Quality Assurance Procedures
C Child Care Non-Relative Exempt Inspection Process

100 Purpose of the Child Care Program

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September 2025
Child Care - ARW, Chapt. 1, Purchase of Service
Child Care is a financial assistance program for families with children which aims to:
A. Ensure the safety of children while left in care when their caretaker is at work, school or employment
training or temporary job search.
B. Provide assistance to low income families who need child care assistance because of work, attending
an educational program, an employment training program or temporary job search.
C. Encourage the client to continue his/her work, education or employment training activity and move
toward self-support and self-sufficiency by requiring a parental contribution for services as income
increases.
D. Increase the client’s knowledge of quality child care and ability to make informed decisions
concerning child care by providing consumer education materials.
E. Promote parental choice by allowing clients to make their own decisions on the child care that best
suits their family's needs.

200 Definition of Terms

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“Adult” is a person age 18 or over, or a person under age 18 who meets the Wyoming emancipation laws.
“Adverse action” is a process to terminate or reduce the child care benefits.
“Anticipated income” is income which is expected to be received in the benefit month.
“Applicant” is a person who expresses in writing a desire to receive child care assistance.
“Application date” is the date a completed and signed application is received and date stamped in the
DFS-FO.
“Assistance unit” is one (1) or more children living with their caretaker(s).
“Authorization” is issued to a caretaker to show the child(ren) is eligible for child care assistance. The Child
Care Authorization is assistance to the client, not assistance to the provider. The authorization shows:

(i) The maximum child care hours allowed by DFS;
(ii) The maximum payment DFS shall make; and
(iii) The parental obligation for a portion of the child care costs.

“Best estimate” is a determination of what shall occur based on knowledge of the past and present
circumstances and future expectations.
“Benefit Specialist” is an employee of DFS who case manages economic assistance cases including the
determination of eligibility for child care services.
“Business expense” is the cost directly related to the production of the goods or services provided by the
operation which are then subtracted from the gross income to determine net income. Including labor, fee,
seed, machinery repairs, transportation required to perform the service or deliver the goods and taxes or any
other expense connected solely with the function of the business.
“Caretaker” is a child’s parent (as defined herein) or other adult who has a court order giving legal
responsibilities and/or legal guardianship and who is exercising the care and control of the child(ren). This
includes foster parents and the spouse of the caretaker.
“Categorically eligible”:

(iv) For Personal Opportunities With Employment Responsibilities (POWER), adult member
of the assistance unit who is income and/or resource eligible for child care assistance because he/she is
included in the assistance unit’s POWER payment.

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(v) For Supplemental Nutrition Assistance Program (SNAP), the adult SNAP recipient who

is eligible for child care assistance because he/she is participating in the SNAP E&T program.
“Central Registry” means an electronic record maintained by DFS of persons who have been the subject of a
child abuse or neglect complaint. The record contains the findings of the child protection investigation. The
Central Registry is not a list of court adjudications.
“Certified provider” see Licensed provider.
“Child care” is the direct care and services to infants and children in the child’s own home or another facility,
not to exceed 16 hours in a 24-hour day unless overnight travel is necessary for the caretaker(s) to accept or
retain employment.
“Child Care Center (CCC)” is a facility in which care is provided for part of a day for 16 or more children.
“Child care facility” is the business that keeps or cares for more than two (2) minors at the request of the
parent(s), legal guardian(s) or an agency responsible for the daily care and control of those children when the
responsible party is not present.
“Child care review” is a review of all eligibility factors at least once every 12 months.
“Child support” is voluntary, including military allotments, or court ordered payments made by an absent
parent for the purpose of meeting the needs of his/her child(ren).
“Child Support)Program (CSP)” is a legal entity charged with maintaining a child support enforcement
program at the judicial district level.
“Commingled” is a financial account in which countable and exempt funds are mixed together.
“Date of eligibility” is the day benefits are required to begin. This is the date of the child care application,
the first day the child received care or the date the approved employment or educational component or work
activity began, whichever is later.
“Death benefit” is the benefit received as a result of another’s death. Death benefits include:
(vi) Proceeds of life insurance policies received due to the death of the insured;
(vii) Lump sum death benefits from SSA, RR burial benefits, VA benefits;
(viii) Inheritance in cash or in-kind; or
(ix) Cash or in-kind gifts given by relatives, friends, or community to assist with death

related expenses.
“Department of Family Services (DFS)” is the Wyoming department responsible for the provision of
child care purchase of services. DFS-FO is a department field office. DFS-SO is the department state office.
“Developmentally Delayed (DD)” is a child who is experiencing developmental delays in one or more of
the following areas:

(x) Cognitive development;

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(xi) Physical development including hearing and vision, language and speech development;
(xii) Psychosocial development; or
(xiii) Self-help skills.

“Disaster beyond control of the assistance unit” means earthquake, fire, flood, tornado, robbery, or
furnace breakdown and/or broken water pipes in the home when owned by a person in the assistance unit.
“Earned income disregard” is a $200.00 deduction from gross earned income for each employed adult in
the assistance unit.
“Educational program” is a postsecondary course of study, not exceeding the first master’s degree (unless
the associate degree was received while the caretaker(s) was pursuing a master’s degree as the original
educational goal). The program is designed to assist the student in obtaining employment in a specific job
when the course of study is complete.
“Eligible” qualifies for child care assistance after meeting all of the specified conditions or factors.
“Emancipated” is a person who has obtained the legal status of an adult.
“Employment” is an activity in which an individual works for income.
“Employment & Training (E&T)” is the employment and training program as described in the current
SNAP E&T regulations and approved by the United States Department of Agriculture.
“Employment training” is a planned, supervised program which may be a combination of classroom and
on-the-job training experiences that imparts knowledge or develops skills or abilities to prepare a person for
employment.
“Equity value (EV)” is the amount of money the sale of property would bring on the open market in the
community where the property is located less any legal debts (such as mortgages, loans, penalties, cost of sale)
against the property or resource.
“Exempt” is a category of income or circumstances not subject to program policy or limits and shall not be
counted for eligibility purposes.
“Family Child Care Center (FCCC)” is a child care facility in which care is provided for a maximum of 15
unrelated children for part of a day, which may be in a residential or commercial type structure.
“Family Child Care Home (FCCH)” is a licensed child care facility in which care is provided for no more
than 10 children in the primary residence of the provider.
“Financial responsibility” means answerable for providing the funds to meet the needs of a spouse and/or
natural, adopted, step child(ren) or as provided by law.
“Foster care provider” is the person(s) caring for the child(ren) placed in a care facility by DFS.
“Foster child” is a child who been has placed in a foster care home or facility by DFS.

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“Fraud” is documented deliberate misrepresentation, concealment or nondisclosure of information by an
applicant, recipient, or provider pertaining to an eligibility or billing factor:

(xiv) To obtain assistance or provider payment;
(xv) To remain eligible for assistance or provider payments;
(xvi) To avoid a decrease in assistance or provider payment; or
(xvii) For obtaining payment for services that were not rendered.

“Full day” is five (5) or more hours of child care in a day.
“Garnishment” is a legal withholding of a specified sum from wages to satisfy a creditor.
“Guardian” is an individual appointed by the court to care for a person as reflected in a court order specifying
the guardianship.
“Household (HH)” refers to one (1) or more rooms of a house, apartment or mobile home and may include
one (1) or more assistance units and/or ineligible person(s).
“Household circumstances” are situations that could have an effect on one (1) of the eligibility factors.
“Immediate family” are the minor brothers, sisters, stepbrothers, stepsisters, half-brothers and half-sisters
who live together with their caretaker(s) in the same residence. Immediate family is used to determine
assistance unit composition and whether the provider selected by the assistance unit needs to be licensed.
“Income” is money received from any source.

(xviii) Countable income - the total of gross earned income less allowable earned income
disregards and gross unearned income expected or received by the assistance unit for a specified month and
includes child support received by the applicant or recipient.

(xix) Earned income - a payment received in cash or in-kind for wages, salary, tips,
commissions as an employee or net profit from activities in which the individual is engaged as self-employed. It
is the total income before deductions for personal or employment expenses and excludes the meal allowance
used to compute Federal Insurance Contribution Act (FICA).

(xx) Exempt income - money set aside or free from program policy or limits and is not

counted.

(xxi) Fluctuating income - income that varies in frequency of receipt or income that varies in

amount each month due to:

(A) Working overtime;
(B) Hourly pay with varying hours;
(C) Receipt of tips or commissions;
(D) Changes of hours or pay rate; or
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(E) Decrease or increase in hours of work due to vacations or sick leave or seasonal

employment.

(xxii) Gross income - the total money the person is entitled to receive, prior to any deductions

such as the earned income disregard, Social Security, withholding tax, and garnishments.

(xxiii) Infrequent income - income that is less than $50 per individual when received and not

received more often than once every calendar quarter.

(xxiv) In-kind income - the receipt of a good(s) or a service(s) instead of money or cash.
In-kind earned income is considered when the applicant/recipient has a legal interest in a liquidated sum and
has the legal ability to make such sum available for support and maintenance.

(xxv) Net income - the gross receipts from self-employment less the current business expenses.
(xxvi) Periodic income - money that is not received on a regular basis.
(xxvii) Stable income - income received in a set/fixed amount from the same source(s) on a

regular basis and there is no additional income which fluctuates.

(xxviii) Unearned income - all money received not earned by providing goods and

services or defined as a resource.
“Infant” is a child from birth to 12 months of age.
“In-home care" is child care provided in the child’s own home. In-home care is for any number of children
who are immediate family members residing in the child(ren)’s home.
“Initial eligibility determination” is the process of determining eligibility when the assistance unit applies
for services for the first time or when there has been a break in aid of 30 days or more.
“Insurance settlements” are the money a person(s) receives from a company for damage to property or
person.
“Intentional Program Violation (IPV)” is the action by an applicant, recipient or provider of making a
false or misleading statement or misrepresentation, concealment or withholding of facts for the purpose of:

(xxix) Establishing or maintaining eligibility for child care assistance, or
(xxx) Increasing or preventing a reduction in the amount of child care assistance or payment.
“Knowledgeable source” is a person who has a considerable degree of familiarity with a subject gained
through experience of or association with the individual or subject.
“Licensed provider” is a provider who meets the licensing standards established by DFS.
“Loan” is a debt the borrower has an obligation to repay. A bona fide loan is one where there is a written
agreement to repay the loan. Bona fide loans the assistance unit has an obligation to repay are not counted as
income.

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“Lump sum” is a payment of earned or unearned money made not more than once per quarter.
“Minimum health and safety standards” are requirements established to assure the health and safety of a
child(ren) receiving child care services.
“Minor” is a person under 18 years old who does not meet Wyoming’s emancipation laws.
“Month” is:

(xxxi) Current month - the month in which eligibility is determined.
(xxxii) Payment month - the calendar month for which the assistance is issued.

“Month received” is the calendar month in which the payer or source made the money available or the
individual receives the money in hand, whichever occurs first. Exception: SSA, SSI, VA and POWER received
at the end of the month are considered for the following month.
“Need” for child care is the time when the eligible caretaker(s) is actually participating in an approved activity
or component and the eligible child requires care.
“Net profit” is the gross receipts, less the current business expenses.
“Noncooperation or noncompliance” is the act of refusing or failing to comply with a child support, work
program, or POWER requirement, or to work with another to accomplish a common end or specified goal.
“Parent” is a natural, adoptive, or step-mother or father of any age. (See Caretaker.)
“Parental access” is allowing parents to visit the child care facility and see their children at any time.
“Parental obligation” is the portion of the child care cost the caretaker(s) is responsible to pay based on the
assistance unit size and income. The amount of the parental obligation is based on the calculation set forth in
W.S. 42-2-103 (f)(2021).
“Part day” is less than five (5) hours of child care in a day.
“POWER work requirement” the POWER performance requirements include the mandatory job seeker
contacting the work program case manager, keeping all appointments, complying with the steps and
responsibilities in her/his Individual Responsibility plan (IRP), registering for employment at Department of
Workforce Services (DWS) and following through with referrals to Division Vocational Rehabilitation (DVR)
for employment rehabilitation or a Social Security Income (SSI) application.
“Presumptive eligibility” is the assurance of payment for 30 days of child care services when the assistance
unit appears eligible due to the caretaker(s)’s statements on the initial application. Presumptive eligibility
payments cannot be made on behalf of an assistance unit more than once every 12 months.
“Provider” is any person who is approved to provide child care services under these rules and who has
provided child care services for a child(ren).
“Provisional license” is a temporary license issued by DFS that allows the operation of a child care facility
when issues arise surrounding compliance with licensing rules.

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“Reapplication” is the completion of an application in writing requesting assistance after being ineligible for
child care assistance for more than one (1) calendar month.
“Redetermination” is the re-verification of each factor of eligibility and a decision of eligibility and payment
based on the verified information.
“Registered provider” is any child care provider who has completed the Provider Registration Form and
received a favorable Wyoming Central Registry check and a fingerprint based national criminal history record
check. This includes child care providers who are licensed as well as those who are exempt from licensing
according to Wyoming law.
“Relative” refers to an individual who is, through marriage, blood relationship, or court decree, the
grandparent, great-grandparent, sibling, aunt or uncle of a child receiving care.
“Satisfactory progress” refers to:

(xxxiii) In a postsecondary educational work activity, a participant shall meet, each term

or semester at least a 2.0 cumulative grade point average in her/his degree requirements.

(xxxiv) In a training work activity, the participant shall meet quarterly a consistent
standard of progress, which includes gains or proficiency levels and a reasonable time limit for completion of
the training as determined by the instructor and POWER case manager or Benefit Specialist.
“Special needs child” is a minor who is developmentally delayed or has a mental or physical incapacity
which limits his/her ability to care for him/herself and would be at risk of physical harm if child care was not
provided.
“Statewide maximum limit” is the maximum amount DFS shall pay for child care as published in the Child
Care Development Fund (CCDF) State Plan.
“Student” is a person attending high school, high school equivalency program, employment training
programs or postsecondary undergraduate program.
“Substitute provider” is a person who meets the definition of "provider" and who fills in for the provider
less than 24 hours in a month.
“Termination” is to close a case and/or remove an individual from the program.
“Weapon” means, but is not limited to, a firearm, explosive or incendiary material, or other device,
instrument, material or substance, which in the manner it is ordinarily used, or is ordinarily intended to be
used, is reasonably capable of producing death or serious bodily injury.

300 Verification/Documentation/Evidence

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301 Verification
Child Care- Admin. Rules, Chapt. 1, Purchase of Service
Verify each eligibility factor for each individual to be included in the assistance unit prior to making the
initial/ongoing eligibility determination.
A. Verify the eligibility factors prior to making the ongoing eligibility determination when a factor(s) is:
1. Reported or known to have changed, or
2. Suspected of having changed.
B. Require the applicant or recipient to provide the document(s)/ documentation necessary to verify the
eligibility factors, except:
1. When the verification is provided on one of the following interfaces: Numident, TPQY, SDX,
Wyoming Unemployment or RIS;
2. When verification is available within the agency in a prior case and the factor is not subject to
change, i.e., a SSN or date of birth.

C. Assist the applicant or recipient, upon request, in obtaining the document(s) for verification when the
individual is or would have difficulty providing them.
D. Evaluate the verification(s):
1. Compare each piece of verification to the others to see if the information is consistent.
2. Assure the date the document(s) was created verifies the factor and does not raise more questions.
3. Consider the reason why the document was created.
4. Examine the verification to determine whether it has been tampered with or altered.
5. Determine whether the verification answers the issue in question.
E. Resolve any discrepancies or questions raised by the verification by:
1. Requiring additional verification; or
2. Contacting a knowledgeable source.
F. Allow the assistance unit at least ten days from the date of the notice to provide required verification.
G. Accept a collateral contact in cases when requiring documentary evidence would delay processing the
application:
1. Conduct a collateral contact either in person or over the phone;
2. Select a collateral contact if the assistance unit fails to designate one or designates one which is
unacceptable;
3. Disclose only the information absolutely necessary to get the information being sought.

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H. Review and evaluate the information provided by the SDX, BDX and RIS interfaces at each application and
re-certification and when adding an individual to a household.
302 Documentation
Child Care - Admin. Rules, Chapt. 1, Purchase of Service
A. Enter the proof of the verification in the case record by recording the type of verification, identifying
numbers and any clarification notes.
B. Document the narrative as follows:
1. The name of the person providing the information;
2. The title of the person providing the information (when appropriate);
3. The organization name;
4. The date obtained;
5. The type of document and date of the document;
6. Identification number of the document (if any);
7. Volume and page(s) reference of public records (when appropriate);
8. The content of the information/document; and
9. The initials of the individual who verified the information and the date verified.
C. Obtain a free copy of the Wyoming birth certificate by interface.
D. Obtain information concerning immigrant status through the SAVE process or by writing USCIS at:
U.S. Citizenship and Immigration Services
4730 Paris Street, Albrook Center
Denver, CO 80239-2804
303 Evidence
Child Care - Admin. Rules, Chapt. 1, Purchase of Service
A. Use the table as a guide for requesting primary evidence and secondary evidence to be used for verification
and documentation.
B. Require the applicant or recipient to provide no less than one primary source or two secondary sources of
documentation to verify each eligibility factor.
1. Require the primary document/documentation when it is obtainable.
2. Accept secondary documents/documentation only when the primary evidence is not available.
3. Recognize one document may verify more than one eligibility factor for more than one applicant or
recipient.

Please find tables on pdf at this link.

400 Application Process

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401 Application/Intake Process
Child Care - ARW, Chapt. 1, Purchase of Service
A. Require the application to be complete if it contains the name and address of the applicant and the signature
of the applicant or authorized representative.
1. The assistance unit appears to be eligible based on the statement of the parent/caretaker on the
initial application;
2. The parent/caretaker has chosen a licensed provider who is currently registered on the eligibility
computer system;
3. The assistance unit has not received benefits due to presumptive eligibility within the previous 12
months; and
4. Continue to process the application and approve or deny as appropriate.
B. Within 30 days for Child Care (see Section 1202):
1. Do not deny the application in 30 days for this situation.
C. Act on changes in circumstances, reported or known, which occur between the date of application and the
date of authorization.
1. Eligibility is determined from the date the application is filed.
2. See Section 1500 for treatment of changes that have become known prior to the date of
authorization.

D. Inform applicants of their rights and responsibilities as detailed in ECARES J. Applicants for Child Care
benefits must be given a reasonable opportunity of at least 30 days from the date of a notice requesting
verification to provide valid documentation of their immigrant status:
1. Do not delay, deny, reduce or terminate the individual’s eligibility for Child Care, pending
verification of immigrant status when the DFS-FO did not provide a reasonable opportunity as of the
30th day following the date of application to provide verification.

E. Accept an application, or a written request from a POWER recipient, within 30 days of the child care need,
but the beginning date of the authorization cannot be prior to:
1. The date of the Child Care application;
2. The date the approved activity began (see Section 701); or
3. The date the child first entered childcare, whichever is later.

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F. Establish if the POWER applicant who is mandatory for the work program performance requirements has a
child care need.
1. Send a copy of the request for child care to the work program case manager, when appropriate; and
2. Consider the POWER assistance unit eligible for childcare benefits for up to 30 days during the
POWER application processing period when the work program performance requirements are being
met.

G. Terminate benefits within the first 30 days when the assistance unit was found presumptively eligible at
initial application but is found ineligible during the application processing period.
402 Client’s Rights
Child Care - ARW, Chapter 1, Purchase of Service
The applicant/recipient has the following rights, which should be explained to the applicant/recipient.
A. To apply for benefits:
1. To apply for benefits on the client’s behalf; and/or this is part of phase two.
B. To have the application and other personally identifiable information maintained confidential except as
necessary to determine eligibility or to comply with state or federal law. (see Section 403).
C. To be informed about:
1. The length of time benefits are certified/authorized;
2. The rights and responsibilities of applicants/recipients; and
3. Other available DFS and non-DFS programs.
D. To withdraw the application at any time for a Child Care benefit:
1. Document the case record when a withdrawal is requested either in writing or verbally; and
2. Generate the withdrawal notice.
E. To freedom of choice to select the child care provider as long as the provider is licensed or exempt from
licensing requirements. (see Attachment A)
F. To a notice of adverse action within the specified time frames for the program. (see Section 1400)
G. To an explanation of the right to request an administrative hearing within 30 days from the date of a notice
of adverse action for Child Care.
H. To re-apply following denial or termination of benefits.
I. To child care consumer information.
403 Confidentiality/Safeguarding Information
Child Care - ARW, Chapter 1, Purchase of Service
Department of Family Services Staff:

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A. DFS staff shall not be allowed to access their own case, the case of their immediate colleague, or the cases of
clients where a conflict of interest exists.
Public Records:
A. Consider the following as public records and make them available to the public upon request with the
approval of the DFS-FO manager or designee:
1. General information which does not identify individuals;
2. Statistical information related to budgets, expenditures, numbers of applicants or recipients or other
information, which does not identify individuals; and
3. Documents or information that detail the policies and procedures related to the delivery and
administration of programs and services administered by DFS.
B. Charge the actual copying costs to the individual/agency requesting the records.
Confidential Information:
A. Hold confidential and do not release any information that can be identified as relating to a specific individual
except as specified below.
B. Consider the following as confidential:
1. The names and addresses of applicants and recipients and amounts of cash assistance provided;
2. Documents naming a specific individual(s);
3. The fact of the existence of documents naming a specific individual(s);
4. Personal facts relating to a specific individual(s);
5. The fact of application for or receipt of a program or service through DFS;
6. Information relating to the social and economic conditions or circumstances of a particular
individual, including information obtained from IRS and SSA, which must be safeguarded in
accordance with procedures set forth by those agencies; and
7. Any information known about a specific individual but not part of a case record or document.
Safeguarding Information:
A. Allow the subject, or the subject’s authorized representative, to examine, review or copy from his/her own
case record any information except the following confidential information:
1. The names of individuals or other parties who have disclosed information about the subject without
the subject’s knowledge;
2. Reports, correspondence or any case entry involving information from another individual, agency,
organization or institution about the subject; and
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3. Information related to the status of prosecution of the subject.
B. Consider the authorization to release information on the application to authorize only the release for
gathering of information as related to determining eligibility for the program or service.
C. Do not distribute materials such as “holiday” greetings, general public announcements, alien registration
notices or voter information and registration materials.
D. Do not publish names of applicants or recipients.
E. Limit the use or disclosure of information concerning clients to purposes directly connected with:
1. Any investigation, prosecution, or criminal or civil proceeding conducted in connection with the
administration of such programs;
2. The administration of any other federal or federally assisted program which provides cash or in-kind
assistance or services directly to individuals on the basis of need; and
3. Any audit or similar activity conducted in connection with the administration of any such program
by any governmental entity, which is authorized by law to conduct such audit or activity.
F. Release confidential information to another party, other than that necessary to determine eligibility, only
when the subject of the information has authorized the release to another party by completing a release
form, except officers and employees of the following:
1. The DVR when relating to a referral of an applicant/recipient;
2. The Workers’ Compensation program as related to POWER work program job seekers;
3. Employees of the Tribal TANF program;
4. Federal and State agencies responsible for the operation of the various programs and services
administered by DFS;
5. The SSA for establishing eligibility, determining the amount of the benefit and providing services for
applicants or recipients; and
6. Wyoming DWS as related to POWER work program job seekers.
.

G. Any information shall be released by the DFS-FO manager or designee and be directly related to legally
established programs and functions of the inquiring agency or office and used only for the purpose made
available.
H. Comply with a court order to release confidential information:
1. Contact the Attorney General’s office with any questions concerning the court order;
2. A court order for information relieves DFS of any harm in the release of information to the court;
and
3. File the court order in the case file.
I. Hold confidential and do not release confidential information requested by a subpoena without written
direction from the Attorney General’s office or the DFS-FO manager.
1. Follow the directions given to release the subpoenaed information; or

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2. Forward a copy of the subpoena to the DFS-SO who shall involve the Attorney General’s office for
advice or for action to nullify the subpoena; and
3. File the subpoena in the case record and document:
a. The direction given by the DFS-SO;
b. The action taken to release the information or nullify the subpoena.
J. Release confidential information to law enforcement and CPS as follows:
1. Make available, upon written request, to any Federal, State or local law enforcement officer the
address, SSN and, if available, a photo ID of a recipient if the officer furnishes the recipient's name
and notifies the agency the individual:
a. Is fleeing to avoid prosecution, custody or confinement for a felony;
b. Is violating a condition of parole or probation; or
c. Has information necessary for the officer to conduct an official duty related to a
felony/parole violation.

2. Limit the report to law enforcement concerning a fugitive felon to the felon’s address when a law
enforcement officer has not requested the information; (W.S. 42-2-111)
3. Report to the CPS, any cases of known or suspected physical or mental injury, sexual abuse or
exploitation, or negligent treatment or maltreatment of a minor parent and/or a child receiving Child
Care that threatens the minor parent's and/or the child's health or welfare. (DFS is required to
provide all information available regarding such situations to the proper officials, which may include
law enforcement agencies.)
4. Assist law enforcement officials and the family of a minor mother to pursue the filing of criminal
charges against the father of the minor mother's child if the minor mother conceived her child while
under 16 years of age and the father was at least four years older than the minor mother at the time
of conception. (The Benefit Specialist is to refer these cases to CPS for referral to law enforcement.)
(W.S. 42-2-103)

K. Allow materials to be sent or distributed to applicants, recipients, or medical vendors, which are in the
immediate interest of the health and welfare of clients such as announcements of free medical examinations,
availability of surplus food and consumer protection information.
L. Computer Security Controls – Facsimile Mail (FAX) and Electronic Mail (E-Mail):
1. E-mail sessions on the DFS/State G-mail (Google) site are encrypted, including attachments
(incoming and outgoing). Users are required to secure their computers when leaving the area by
locking their computer by one of the following procedures:
a. Push the Windows Logo key (Winkey) + L on the keyboard (Preferred Method); or
b. Push Control + Alt + Delete, then click Lock Workstation.
i. There is an automatic screen saver that requires the user to log back into the
computer with a required username and password.

404 Client’s Responsibilities
Child Care - ARW, Chapter 1, Purchase of Service

Wyoming Department of Family Services | Support Services |September 2025 | Page 5

The applicant and/or the recipient has the following responsibilities and explain the responsibilities to the
applicant/ recipient.
A. The applicant is responsible for providing an application to DFS in the form prescribed by DFS.
B. The applicant is allowed to complete an online application.
C. The applicant/recipient is responsible for cooperating with the process of determining eligibility by:
1. Providing information essential to the decision on eligibility, including valid documentation of alien
status for all individuals who are not U.S. citizens; and
2. Providing documents for required verification.
D. The applicant/recipient is responsible for notifying the DFS-FO of any changes, that affect eligibility or the
performance payment. (see Section 1500)
1. Changes must be reported no later than (10) ten calendar days upon knowing of the change for Child
Care.

E. The applicant/recipient must provide information/verification needed about an eligibility factor(s) not later
than ten (10) days from the date of a notice of adverse action (see Tables) requesting the
information/verification.
H. The applicant/recipient who has a previous overpayment is required to sign a DFS 707, Installment
Contract, as a condition of eligibility and as a performance requirement unless:
1. The case is pending prosecution; or
2. The error cause is an agency error.
I. The applicant or recipient is responsible for providing verification, as specified in Section 303, of fleeing
because of being battered or subjected to extreme cruelty or because of domestic violence when requesting
assistance due to the situation.

500 Eligible Persons/Assistance Unit Composition
_____________________________________

September 2025

501 Eligibility Factors

Table #1: Eligibility Factors - please find tables on pdf at this link.

502 Categorically Eligible Persons
Child Care - ARW, Chapt. 1, Purchase of Service
Consider the following persons categorically eligible:

Table #2: Persons Categorically Eligible
Reason
Recipient of POWER/Tribal TANF X

503 Potentially Eligible Persons
Child Care - ARW, Chapt. 1 Purchase of Service
Consider the following persons potentially eligible for Child Care services:
A. A child who lives with the parent(s)/caretaker(s) and no other parent(s)/caretaker(s) in the assistance unit is
available during the same hours to provide the needed child care;
B. A child under age 13 or age 13 or over who is:
1. Under court supervision;
2. Developmentally disabled; or
3. Physically/mentally challenged.
C. A child whose parent(s)/caretaker(s) is employed or self-employed;
D. A child whose parent(s)/caretaker(s) is attending an educational program, including college undergraduate
study, and making satisfactory progress to acquire the degree.
1. The educational program cannot exceed the first associate or baccalaureate degree; unless the
associate degree was received while the parent/caretaker was pursuing a baccalaureate as the
original employment goal; unless the baccalaureate degree was received while the caretaker(s) is
pursuing a master’s degree as the original employment goal; and
2. The parent/caretaker has not exceeded the following time limitations for child care assistance while
pursuing a college degree:
(i) Three (3) years for an associate’s degree and six (6) years for a baccalaureate or no more than
three (3) years on a master’s degree when the parent/caretaker has not been employed or
employed an average of less than 30 hours per week while attending classes;
(ii) Five (5) years for an associate's degree and 8 years for a baccalaureate degree and master’s
degree, to five (5) years when the parent/caretaker has been employed for an average of 30
hours or more per week while attending classes.

E. A child of a parent(s)/caretaker(s) who is participating in and cooperating POWER Pay-After-Performance
requirements;

Wyoming Department of Family Services | Support Services |September 2025 | Page 2

F. A child in a two (2) parent/caretaker assistance unit when one parent/caretaker is unable to care for the
child(ren) due to a disability, if:
1. Child care is necessary to allow the other parent/caretaker to maintain employment; and
2. The disability and the inability of the parent/caretaker to care for the child(ren) is verified by a
medical professional; and
3. Verification has been submitted to document that the parent with the disability is following
prescribed medical treatment; and
4. The assistance unit is pursuing and accepting any other available resources to move the assistance
unit toward self-sufficiency, i.e., applying for SSI, working with DVR, etc.

G. A minor parent(s) who lives with his/her parent(s) and is working or attending an educational program;
H. A child who is cared for by an authorized provider;
I. A child living in an assistance unit:
1. Which has not been disqualified due to IPV or where fraud against DFS has not been established
through legal proceedings; and
2. Where full restitution for an overpayment has been made, or the parent/caretaker has signed a
repayment agreement.

504 Student
Child Care - See Child Care Section 503
505 Assistance Unit Composition
Determine which persons in the household are to be included in the assistance unit.
A. Find one (1) assistance unit when:
1. Two (2) parents, each with an eligible child(ren), are married to each other; or
2. Two (2) parents who are not married to each other, each with child(ren) of their own and a child(ren)
in common; or
3. The caretaker’s spouse must be included in the assistance unit.
B. Find more than one (1) assistance unit when:
1. Two (2) parents who are not married to each other, each with an eligible child and there is no child in
common.

C. Understand that all siblings living in the same household must be included in the same assistance unit with
their parents, regardless of the marital status of the parents.

600 Other Eligibility Factors

_____________________________________

September 2025

601 Age
Child Care - ARW, Chapt. 1 Purchase of Service
A. Require a child to be between the ages of birth through thirteen (13); or
B. Require a child age fourteen (14) or over to be:
1. Under court supervision and the court order specifies child care is necessary; or
2. Developmentally disabled or physically/mentally challenged and requires medical verification
that the child is unable to care for herself/himself.

602 School Attendance
No CC requirements.
603 Residence
Child Care - ARW, Chapt. 1, Purchase of Service
A. Require each person who is applying for or receiving benefits to be a resident of Wyoming.
1. Consider a person, a resident of Wyoming, who:
a. Is living in the state voluntarily with the intention of establishing a permanent residence;
and
b. Is not in the state only for vacationing.
2. Recognize a lack of a permanent dwelling or lack of a fixed residence or home.
3. Find a residence to continue until it is established elsewhere by the individual.
4. For Child Care purposes, a child may participate in two (2) assistance units when the parents are
not living together and have shared custody or shared care and control of the child.
5. Wyoming residency is not a factor for Child Care for migrant farm workers who meet the
citizenship eligibility factor.

604 Identity
Child Care - ARW, Chapt. 1, Purchase of Service
A. Determine if each applicant has met the identity eligibility factor.

Wyoming Department of Family Services | Support Services |September 2025 | Page 1

605 Citizenship and Immigrant Status
Child Care - ARW, Chapt. 1, Purchase of Service
A. Determine if each applicant or recipient meets one of the citizenship/ immigrant eligibility factors as
indicated in the Table below to qualify for benefits.
B. Determine if each child is a U.S. citizen or legally residing alien who meets one of the
citizenship/immigrant eligibility factors as indicated in the Table below for Child Care.
C. Realize automatic citizenship is granted to a child born in a foreign country or a child adopted from
abroad by U.S. citizens and the child is (Child Citizenship Act, P.L. 105-185):
1. Under 18 years of age;
2. Admitted to the U.S. as a lawful permanent resident, and
3. In the legal and physical custody of at least one parent who is a U.S. citizen.
D. Realize that an adult victim of trafficking who is certified, and a child(ren) who has a letter, are eligible
for benefits the same as a refugee under 207 of the INA (see the following chart) (Trafficking Victims
Protection Act, P.L. 106-386):
1. Understand that the certification letter for the adult(s), and letter for a child(ren), shall be
issued by the U.S. Department of Health and Human Services, Office of Refugee Resettlement
(ORR), and is to be accepted in place of CIS documentation;
2. Confirm the validity of the certification letter, or letter for a child(ren), and notify ORR of the
benefits for which the individual(s) has applied by calling the trafficking verification line at
(202) 401-5510; and
3. Record and set an alert for the expiration date of the certification date as a review of continuing
eligibility must be conducted.

606 Relationship
Child Care - ARW, Chapt. 1, Purchase of Service
A. Determine if the applicant or recipient meets the relationship eligibility factor by requiring the
caretaker to be a relative to the child(ren) or, for Child Care purposes, the child must live with a parent
or other adult who has a court order giving legal responsibilities or legal guardianship and who is
exercising the care and control of the child. Foster parents are considered to meet this requirement.

700 Participation/Cooperation Requirements

_____________________________________

September 2025

Child Care - ARW, Chapt. 1 Purchase of Service
A. Require each mandatory assistance unit member to comply with the approved activity, participation,
and/or performance requirements mandated by the applicable program. Temporary Job Search shall
be three (3) months after each occurrence of loss of qualifying activity within twelve (12) months of
eligibility.
701 Participation in Approved Activity
Child Care - ARW, Chapt. 1 Purchase of Service
A. Require a parent(s)/caretaker(s) who is requesting child care assistance to be participating in an
approved activity in order to receive child care.
B. Consider the following approved activities:
1. Employment or self-employment (see Section 903);
2. Attending an educational program and making satisfactory progress;
3. Meeting the POWER Pay-After-Performance requirements; or
4. Participating in employment-related training;
5. Initial Job Search.
C. Require both parents/caretakers in a two-adult assistance unit to be participating during the same
hours to establish a need for child care.
D. Child care assistance shall be available for a child(ren) in a two-parent/caretaker assistance unit when
one (1) parent/caretaker is disabled and unable to care for the child(ren) if:
1. Child care is necessary to allow the other parent/caretaker to maintain employment; or
2. The disability and the inability of the parent/caretaker to care for the child(ren) is verified by a
medical professional.

800 Assets

_____________________________________

September 2025

800 Assets
A. Assets equaling a million dollars need to be declared by the client and considered when determining
eligibility for Child Care.

900 Income

_____________________________________

September 2025

901 Countable/Available Income
Child Care - ARW, Chapt. 1, Purchase of Service
A. Determine the total income available, each source of income and whether the income is earned,
unearned, exempt or nonexempt.
B. Consider income available when it is made accessible, when it is received, when it is credited to a
person’s account or when it is set aside for an individual’s use, applying the applicable program policy.
C. Prorate or average income from self-employment, employment on a contractual basis, or income
received intermittently on a quarterly, semiannual or yearly basis over the period covered by the
income unless not indicative of future months. (see Section 903)
D. Consider the garnishment of income as voluntarily assigned to pay a debt and as countable income.
E. Consider regular contributions by non-assistance unit members based on their written statement.
F. Use the following in determining income available to the assistance unit.
1. Consider for assistance units living together in the same household the income of:
a. A spouse is available to the spouse;
b. A parent is available to a child through age 17 unless the child is emancipated or a minor
parent,
c. A caretaker when there is a court order specifying s/he is financially responsible for the
child(ren); and
d. A step-parent.
2. Exclude income of a caretaker, other than the parent, unless there is a court order specifying
the caretaker is financially responsible for the child(ren).

G. Use the following chart to determine the type of income and how it is used in the calculation of the
benefit. (See Section 1000 for information concerning exempt income under Public Laws.)

Table #1: Income Type/Calculation of Benefit available at this link.

902 Treatment of LLC and S-Corp
A. Determining income for an LLC and/or an S-Corp:
1. Treat an LLC and S-Corp as a Sole Proprietorship. Allows a 25% deduction, or actual deduction
use whichever one benefits the client. If no deductions, do not allow any. (For treatment of an
LLC and S-Corp, follow Section 904 below).
903 Treatment of Self-Employment Income
Child Care - ARW, Chapt. 1, Purchase of Service
A. ECARES allows 25% deductions as business expenses from self-employment income.
905 Determining the Best Estimate
Child Care - ARW, Chapt. 1, Purchase of Service
Determine eligibility prospectively for all benefit months using the best estimate of income anticipated to be
received during the benefit month.
A. "Best Estimate" of Prospective Gross Countable Income.
1. Calculate income in the month of application as follows when the income is from a terminated
source:
a. Use the “actual” income received, prior to the date of application, or when all paychecks
cannot be reasonably anticipated, do not average the total or convert the income.
b. Income is not considered to be from a terminated source until a paycheck is not
received for each scheduled pay period in any given month.
Example: An individual’s regularly scheduled pay dates are on a weekly basis. The
individual receives a final paycheck on the 1st pay date of the month in the gross
amount of $700.00. Application date is after the 1st pay date. The “actual” amount of
income for the month is $700.00.

2. If the amount of income that will be received, or when it will be received, is uncertain, that
portion of the household’s income that is uncertain shall not be counted; and
a. DOCUMENT clearly in the case record to explain why all checks were not counted; or
b. If a paycheck can be reasonably anticipated for all pay periods and the amount(s) are
known; add the gross income of all checks, average and convert the income; and
c. Recalculate the second benefit month, using zero income, when the income ceases in
the month of application and no other income is anticipated.

3. Calculate income in the month of application as follows when a paycheck is not received by an
individual for each regularly scheduled pay date in the month:
a. Use the “actual” income received, do not average the total or convert the income; and/or
Example: An individual’s regularly scheduled pay dates are on a weekly basis. The
individual receives a check on the 1st and 4th pay dates of the month in the gross
amount of $300.00 each. The individual does not receive a check on the 2nd and 3rd
pay dates of the month. The "actual” amount of income for the month is $600.00.
Wyoming Department of Family Services | Support Services | September 2025 | Page 5

b. Use the best estimate of any income due the applicant when the “actual” amount is
unknown; and
c. Use a combination of (a.) and (b.) when both occur; and
d. Re-calculate non-reflective income for the second benefit month using a new best
estimate, average the income and convert, if appropriate.

4. Calculate income in the month of application as follows when a paycheck is received by an
individual for each regularly scheduled pay date in the month, but a paycheck contains partial
income and/or non-reflective income and/or a pay rate increase:
a. Add the gross income of all checks, average and convert the income; and
Example: An individual works 40 hours per week and the regularly scheduled pay dates
are on a weekly basis. The individual receives pay on the 1st and 2nd pay dates of the
month earning $234.00 at $5.85 per hour for each pay date. The individual receives an
hourly rate increase to $6.00 per hour and is reflected on the 3rd and 4th pay checks:
$6.00 x 40 = $240.00. $234.00 + $234.00 +$240.00 + $240.00 = $948.00 divided by
4 = $237.00 x 4.3 = $1019.10.
b. Re-calculate the income for the remaining months of the certification period using
income that is best reflective of future circumstances, re-average and convert.

5. Anticipate income for the benefit month in which it is available.
6. Use the income of the minor parent and her/his child(ren) but DO NOT use the income of the
minor’s parent(s) to determine Child Care eligibility.
7. Review the best estimate each time a change in circumstances is reported or becomes known
and at the time of a periodic review/recertification.
8. Use the following as the basis for estimating gross countable income for the benefit month(s):
a. Verify previous income by pay stubs or an employer’s statement when there is a 30-day
history, but do not exceed 60 days history, and DOCUMENT the case record indicating
how the best estimate was calculated when a change in circumstances is not expected.
(Both earned and unearned income must be included in the estimate.)
b. An employer’s statement or other verification should be used as the basis for the best
estimate when an applicant or recipient does not have a 30-day history or the history is
not reflective of the future. (Both earned and unearned income must be included in the
estimate.)
c. Estimate tips, commissions, overtime, differential pay, etc., when the employment is of
such a nature, one or more of these are likely.
d. Use the mid-point (i.e. 25 to 30 hours = 27.50 hours) when the hourly schedule is
fluctuating unless the schedule is not reflective of future circumstances.
e. Use income and business expenses (see Section 902) that fairly represent the
prospective benefit month(s) for a self-employed applicant or recipient whose income is
irregular.

Wyoming Department of Family Services | Support Services | September 2025 | Page 6

f. Prorate or average income from self-employment, employment on a contractual basis or
income received intermittently over the period covered by the income (quarterly,
semi-annual or yearly basis) unless the income is not indicative of future months.
g. Count monthly or semimonthly income as follows when a problem with the payroll (i.e.,
mail or computer problems) causes additional checks in one month:
i. If payment is regularly received semimonthly but a problem causes three checks
to be received in one month, count only two;
ii. If payment is regularly received monthly but a problem causes two checks to be
received in one month, count only one.

h. The method(s) used to anticipate gross countable income during the benefit month will
vary according to the circumstances in each case.
i. Come to an agreement with the client when deciding the best approach to
determine the best estimate.
ii. DOCUMENT clearly and thoroughly in the case record the method used and the
rationale for the best estimate.
B. Best Estimate For Cases With An Income History
1. Review the income documents and information obtained during the interview to determine
what income is best reflective of future circumstances.
2. Base the best estimate upon the verified income history of 30 days and not to exceed 60 days
when it is representative, and no changes are expected, to anticipate income for the benefit
month(s).
a. Add verified gross income from each pay period; and
b. Divide the total by the number of pay periods considered; and
c. Multiply gross income by 4.3 for weekly amounts, by 2.15 for bi-weekly amounts, by 2
for semi-monthly amounts and by one for monthly amounts.

3. DOCUMENT in the case record the type of verification and the rationale actually used in the
determination of the best estimate.

C. Best Estimate For Cases Anticipating a Change(s) or With No Income History
1. An employer’s statement when the income history is no representative of current or future
benefit months or is not available, beginning a new job, increase/decrease in hours worked or
rate of pay, etc.;
2. Use the client's and your own reasonable expectations of future circumstances to arrive at a
best estimate.
a. Multiply gross income by 4.3 for weekly amounts, by 2.15 for bi-weekly amounts, by 2
for semi-monthly amounts and by one for monthly amounts; and
b. Add the anticipated monthly gross income from all sources
3. DOCUMENT the type of verification and the computation of the amount of anticipated income
in the case record
Wyoming Department of Family Services | Support Services | September 2025 | Page 7

Examples for Establishing a Best Estimate:
Scenario #1 - Employer, TrailSide Diner, states Dodie Goodie is beginning employment on February
1st. She will work 30-40 hours per week (fluctuating) and will be paid $4 per hour. The
employee is paid on a bi-weekly basis. Since Dodie is a waitress, the employer states she will be
making about $50 per week in tips.

Best Estimate:
● Use the mid-point (35 hours in this case) when the hourly schedule is fluctuating.
● Multiply 35 hours by the hourly rate of $4 for a weekly total of $140.
● Multiply the weekly total of $140 by 4.3 weeks to convert the income to a monthly total of
$602.
● Multiply the expected tips of $50 per week by 4.3 weeks to convert the income to a monthly
total of $215.
● Add the monthly wages of $602 and the tips of $215 for a best estimate of $817 per month.
Scenario #2 - Employer, Bette’s Dairy Farm, states Dave Donut is beginning employment on March
1st. He will be paid $400 on the 1st of each month and $400 on the 15th of each month. This is
a stable source of semi-monthly income with no fluctuation.

Best Estimate:
● Multiply $400 by two for a monthly best estimate of $800.
Scenario #3 - Employer, Shacks Radio Store, states Hamm Michaels will begin working for them on
May 1st. He will earn a stable income of $150 per week and will be paid every other Friday
(bi-weekly).
Best Estimate:
● Since you are using the Employer's Statement, take $150 x 43 = $645.
Scenario #4 - An ongoing client reports she recently received a cut in hours at her employment. The
cut is effective on the 15th as she is paid semi-monthly. The employer’s statement indicates her
hours have changed from 20-25 per week to 15-20 per week. Her hourly rate is $4.25. Due to
the cut, she has applied for unemployment benefits. Her award letter states she will receive $50
per week.
Best Estimate:
● Use the mid-point number of weekly hours of 17.5 and multiply this by the hourly pay rate of
$4.25 for a total of $74.375 x 4.3 = $319.81.
● Multiply the average weekly unemployment benefits by 4.3 for an average monthly total of
$215.

Scenario #5 - Applicant provides wage stubs for verification of income as has worked at the same job
for some time and does not expect any changes. The wages are as follows: June 1, $150; June
15, $165; July 1, $155; July 15, $145.

Best Estimate:
● Add the wage stubs for a total of $615.
● Divide the total of $615 by the number of wage stubs (4) for an average of $153.75 per pay
period.
Wyoming Department of Family Services | Support Services | September 2025 | Page 8

● Multiply the average of $153.75 by 2 pay periods per month (semi-monthly) for a monthly total
of $307.50.
When wage stubs are reflective of future circumstances, verify a 30-day history, but DO NOT
exceed 60 days history. Obtain an employer's statement when client does not have pay stubs.

* DOCUMENT the case file, indicating how the best estimate was calculated.
* Both earned and unearned income must be considered in the best estimate.
D. Best Estimate For Cases With Fluctuation of Earnings Due to Seasonal or Migrant Employment.
1. Review the income documents and information obtained during the interview to determine
what income is best reflective of future circumstances.
2. Annualize income received over a 12-month period when it is intended to meet the household's
needs for the entire year, even when the income is received part of the year.

906 Benefit Levels
Child Care - ARW, Chapt. 1, Purchase of Service
A. Use the Child Care Sliding Fee Scale, Table 1, to determine the appropriate Child Care maximum
benefit level.
https://drive.google.com/file/d/1T7NWbz6hOlRyAcqwROXExos5JB57NstB/view?usp=sharing
907 Income Disregards/Deductions
Child Care - ARW, Chapt. 1, Purchase of Service
A. ECARES will account for a flat amount of $200 from the gross earned income of each working adult
whose income is used in determining eligibility for Child Care.
B. Child Support deduction from the income of parents whose income is countable and who are paying
child support.
1. The parent must be active and current with Wyoming Child Support.
2. We cannot allow a deduction for parents who are private pay.
3. We cannot allow a deduction when the child support is paid to the courts in another state. The
parent will have to contact Wyoming Child Support and set up a case in Wyoming.
4. RAVE is the documentation for the child support paid. No other documentation is acceptable.
5. The worker will average the child support paid just like they average the child support received,
do not include arrears payments in calculations to determine average payment. Do not exceed
monthly court-ordered amount.
6. There must be a full, current calendar month verification for the child support paid in order to
use it as a deduction.

1100 Basic Benefit Computation

_____________________________________

September 2025

1101 Child Care Benefit Computation
Child Care - ARW, Chapt. 1, Purchase of Service
A. At initial application, require the assistance unit to meet the income limits in Table I, Steps 1-4:
https://drive.google.com/file/d/1T7NWbz6hOlRyAcqwROXExos5JB57NstB/view?usp=sharing
1. The assistance unit appears to be eligible based on the statement of the parent/caretaker on the
initial application;
2. The parent/caretaker has chosen an approved provider who is currently registered on ECARES;
and
3. ECARES will continue to process the application and approve or deny as appropriate.
B. Establish the number of hours to be authorized and the rate of payment to be made.
C. Determine the period of time the authorization is to cover a minimum of (12) twelve months:
1. The date of the child care application; or
2. The date the approved activity began (see Section 701); or
3. The date the child first entered care, whichever is later.
4. If there is a temporary loss of activity, the recipient continues to be eligible for the benefit
period. (i.e. college student with breaks in semesters or teacher not working for summer.)
D. Assistance cannot begin before the provider registration process is completed and on file and before the
child care provider is licensed, when applicable.
E. Base the number of hours of child care assistance needed by a self-employed assistance unit upon the
net income divided by the federal minimum wage.
F. Allow the actual time the parent(s)/caretaker(s) participates in a work requirement activity as verified
by the Benefit Specialist.
G. For POWER recipients, follow case plan for actual hours.
H. When a full day of child care has been authorized for a provider with full-day rates, child care cannot be
authorized for a second provider for any time that occurs between the start time and the end time at the
first provider.
I. Authorize students according to the length of time her/his studies are scheduled (i.e., college - length of
time per semester, vocational class - length of time to complete but not to exceed twelve (12) months).
1. Allow time for special situations as indicated by the instructor as part of the class work (i.e.,
computer lab work, art shows, music concerts or tutoring);

Wyoming Department of Family Services | Support Services |September 2025 | Page 1

2. If not more than two (2) hour break between classes a lunch hour is allowed;
3. Disallow time for studying.
J. Authorize seasonal workers according to the type of work expected and length of time the work will
continue.
K. Pay the provider a portion of the cost based on the Sliding Fee Scale, Table I:
https://drive.google.com/file/d/1T7NWbz6hOlRyAcqwROXExos5JB57NstB/view?usp=sharing
L. Require the client to be responsible for the child care charges not covered by DFS.
M. Assure the authorization(s) accurately reflects the assistance unit’s child care need. Generate an
authorization to pay the actual charge, the statewide limit, or the DFS provider rate, whichever is lower.
N. Base payment to the provider on the provider's usual rate schedule for private pay customers, not to
exceed the provider's daily, weekly, or monthly rate and not to exceed the rate established by the
provider for DFS purposes, whichever is less.
1. Make payment to a licensed provider based on a part-day and/or full-day rate when the provider
charges by the day, week or month;
2. Make payment to a legally exempt relative and non-relative provider based on a part-day and/or
full rate;
3. Do not exceed the rate the provider charges based on a family rate when more than one child
receives care from the same provider;
4. Make payment according to the authorization for each child;
5. Base the payment rates on the child’s age as of the first day of the month;
6. Disallow payment for hours or part/full day slots not indicated on the authorization;
7. Do not exceed the actual costs billed, even if the authorization would allow more; and
8. Do not exceed the provider's actual monthly, weekly, or daily fees charged to non-DFS clients
when paying the provider based on the hourly rate established for DFS computer purposes.
O. Generate payment for a special needs child up to an additional $250 per month if the following
conditions are met:
1. The special needs must be verified and specified by a medical professional;
2. The provider must submit proof of specialized education, experience, and/or training to meet
the special needs of the child from an appropriate professional;
3. The parent or caretaker must apply for and accept any services that are available to meet the
special needs before special needs child care can be approved;
4. A DFS or contract supervisor must approve the payment; and
5. Payment must be manually generated through the Wyoming On-Line Financial System
(WOLFS).

1200 - Determining Benefit Level/Benefit Period
_____________________________________

September 2025

1201 Child Care Eligibility Determination
Child Care - ARW, Chapt. 1, Purchase of Service
A. Require the assistance unit to meet the income limits in Table I, Steps 1-4 when determining initial
eligibility or when there is a break in aid of 30 days or more.
1. Refer to Sections 901 to 905.
B. Allow the assistance unit to receive a graduated phaseout when the countable income does not exceed
Table I, Step 6, and when there has not been a break-in-aid of 30 days or more.
https://drive.google.com/file/d/1T7NWbz6hOlRyAcqwROXExos5JB57NstB/view?usp=sharing
1202 Establishing a Child Care Benefit Period
Child Care - ARW, Chapt. 1, Purchase of Service
A. Determine the period of time a Child Care authorization is permitted, a minimum of 12 months per
authorization.
B. ECARES will not allow Child Care assistance to begin before the provider registration process is
completed and before the Child Care provider is licensed, when applicable.
C. Require the appropriate provider registration form (DFS 203 a/b) to be signed and returned during the
30-day Child Care application processing time.
D. Require the provider to submit a signed and dated Licensing Application Form (CCL-01) during the
30-day Child Care application processing time when the provider must be licensed.
1. Licensing of a provider may take up to 60 days.
2. Notify the client that the application processing time will take longer than 30 days when the
licensing process is not completed within the 30-day Child Care application processing time.
3. Do not deny the application in 30 days for this situation.
E. ECARES will begin the authorization with whichever is later:
1. The date of application;
2. The date the approved activity (see Section 701) began; or
3. The date the child first entered child care;
4. The provider met the provider eligibility requirements.
a. Use the date of the Child Care application if met during the 30-day Child Care
application processing time (may exceed 30 days if licensing application is pending);
Wyoming Department of Family Services | Support Services | September 2025 | Page 1

b. Use the date the provider change occurred if reported and the provider registration
process was completed during the ten-day change of report period; or
c. Use the date the provider completed the provider registration process if it was met after
the 30-day Child Care application processing or ten-day change of report period, unless a
30-day extension has been granted for the provider to meet licensing requirements.

1203 Child Care Payment Process
Child Care - ARW, Chapt. 1, Purchase of Service
A. Allow payment only to a provider who has a provisional or full license unless the provider is exempt
from licensing.
1. Contact the DFS regional licensing specialist to obtain written or verbal verification that the
provider is licensed or exempt from licensing and document this in the case record;
2. Providers exempt from licensing are:
a. Relatives; or
b. Grandparents caring for their own grandchildren and two unrelated children or children
from one immediate family; or
c. Caring for two or fewer children not related to them;
d. Caring for children in children's home; or
e. Providing occasional or sporadic care; or
f. Caring for children from one immediate family; or
g. Other situations as specified in W.S. 14-4-102(b), as may be exempt. (Contact the
licensing specialist in these situations.)
3. Disallow payment to a provider when:
a. Abuse/Neglect has been substantiated against or a criminal history exists for the child
care provider or any individual residing in the provider’s home.
i. Case files must be documented that Central Registry and DCI checks have been
made;
ii. Send the DFS-206 to the provider to notify him/her of ineligibility for payment
and options for disputing the report(s);
iii. Forward the results of a fingerprint check to the state office for final
determination of eligibility for payment when the criminal history report is
disputed by the provider; and
iv. Reactivate the provider if the DFS-SO reviews the criminal record and approves
the provider for payment or the Central Registry record is removed.
b. The provider has been denied/revoked licensing due to not meeting standards; or
c. The provider has committed fraud against DFS;
d. An outside provider is selected and a parent is in the home and available to care for the
child(ren):
i. Payment to an outside provider is allowable in a stepparent or minor parent
situation if the child is at risk of abuse or neglect if the stepparent or grandparent
provides care;
Wyoming Department of Family Services | Support Services | September 2025 | Page 2

ii. Allegations of abuse/neglect must be substantiated as verified by CPS.
e. A legally exempt relative or non-relative provider has failed to submit verification of
current certification in infant/child CPR and first aid within 90 days of the date
payments began; or
f. The provider is in violation of compliance with federal, state or local laws applicable to
operating a Child Care business.

4. Generate a notice of adverse action prior to terminating the authorization(s) and issue payment
to cover the last day the provider gave care or the effective date of the notice, whichever is
earlier;
5. Payment for substitute providers will be the responsibility of the provider who hired the
substitute.

B. Require the person to be registered (DFS 203a/b and Child Abuse/Neglect Record Check and Criminal
History Prescreening) as a DFS provider and at least 18 years old, unless emancipated by Wyoming law,
in order to receive a DFS payment.
C. Require the child care provider who is exempt from licensing to meet the minimum health and safety
standards as outlined on the DFS 203b, Registration Form for Unlicensed Providers.
D. Allow payment only to providers who permit parental access to the facility and their child(ren) during
business hours.
E. Make payment directly to the child care provider and not to the client.
1. DO NOT exceed the actual eligible authorized child care used at the lowest rate of the actual
charge, DFS provider rate or statewide limit;
2. Deduct payments made by or available from other sources prior to determining DFS payment
amount; and
3. Quality capacity payments outlined in Section 1101 Q. are paid in addition to the charges for
child care and are not reduced if the provider has rates that are less than the DFS market rate.

F. Require the provider to be located in Wyoming.
G. Allow the Child Care Center (CCC) payment rate for:
1. Facilities established as child care centers exempt from licensing because of their status;
2. Centers located at the University of Wyoming, Wyoming's community colleges and the Wind
River Reservation.

1209 Lump Sums
Child Care - ARW, Chapt. 1, Purchase of Service
A. Determine if a lump sum payment is expected or has been received and apply the following procedure
as appropriate.

1300 Processing/Issuing Benefits

_____________________________________

September 2025

1301 Processing/Issuing Benefits
Child Care - ARW, Chapt. 1, Purchase of Service
A. ECARES will begin the Child Care authorization with:
1. The date of the Child Care application/request; or
2. The date the approved activity (see Section 701) began; or
3. The date the child first entered child care; or
4. The provider met the provider eligibility requirements, whichever is later.
1303 Issuance Dates
Child Care - ARW, Chapt. 1, Purchase of Service
See Section 1203, G. for information on Child Care payments.
1316 Termination
Child Care - ARW, Chapt. 1, Purchase of Service
A. Determine if termination of the entire case is appropriate
1. ECARES will terminate benefits within the first thirty (30) days when the assistance unit was
found presumptively eligible at initial application but is found ineligible during the application
processing period.

1318 Reinstatement Due to Administrative Hearing Request
Child Care - ARW, Chapt. 1, Purchase of Service
A. Prohibit reinstatement of the Child Care benefit pending the outcome of an administrative hearing.
1319 Reapplication After Termination
Child Care - ARW, Chapt. 1, Purchase of Service
A. Require the following when an assistance unit is ineligible for more than one benefit month (that is, one
benefit month and at least one day into the second benefit month):
1. An application for benefits; and
2. Verification of any changes.

1400 Notification

_____________________________________

September 2025

1400 Notice
Child Care - ARW, Chapt. 1, Purchase of Service
A. Mail a notice of action for all programs to notify the assistance unit of action on an application and any
adverse action.
1401 Content of Notice
Child Care - ARW, Chapt. 1, Purchase of Service
A. Realize all notices must contain the following:
1. The action or intended action to be taken;
2. The amount of the benefit to be issued, as appropriate;
3. The date the action will occur;
4. The reason and specific regulation(s) supporting the action;
5. A statement of the person’s right to request an informal conference at DFS-FO or ECARES ticket
and/or an administrative hearing;
6. The explanation of the recipient’s obligation and responsibility to report to the DFS-FO changes
in income, assets, living situation, school attendance and child care provider; and
7. The beginning and ending dates of a certification period.
B. Include the following information in a notification of approval of an application:
1. Variations in benefit levels within the certification period, if any; and
2. An explanation of the difference in initial month benefits and subsequent benefits, when
appropriate.

C. Include the reason for a denial of an application and what the assistance unit must do to reapply or
reactivate the application.
D. Include the following information in the notification of a pending application because of the fault of
DFS, excluding POWER:
1. Notify the assistance unit with an application pending at the end of the first 30 days:
a. The application is pending; and
b. The assistance unit may be eligible for benefits back to the date of application.
2. Notify the assistance unit with an application pending at the end of 60 days and the case does
not contain adequate information to make an eligibility determination:

Wyoming Department of Family Services | Support Services |September 2025 | Page 1

a. The case is being denied; and
b. The assistance unit may reapply; and
c. The SNAP assistance unit may be eligible for benefits back to the date of the original
application.
1403 Notice Due to Probable
Child Care - ARW, Chapt. 1, Purchase of Service
A. Issue the appropriate Child Care notice at least five days before the adverse action would become
effective when:
1. The agency obtains facts indicating assistance should be reduced or terminated due to probable
fraud of the applicant/recipient; and
2. Where possible, the facts have been verified through collateral contacts and documents the facts
in the case record.
1404 Exemptions from Notice
Child Care - ARW, Chapt. 1, Purchase of Service
A. DO NOT mail a notice of action in the following circumstances:
1. The state initiates a mass change and instructs the DFS-FO in a numbered memorandum;
2. It is determined, based on reliable information, all members of the assistance unit have died or
left the state; or
3. There is an increase in the benefit level to the assistance unit (optional).
1405 Notice to Request Information
Child Care - ARW, Chapt. 1, Purchase of Service
A. Use the following procedures to request information needed to make an eligibility determination.
1. Applicant
a. Use the DFS 101 form, Before You Apply, to notify the applicant of information needed to
process the application; or
b. Generate a pended notice to request information needed to process the application and
inform the applicant the case will be denied due to noncooperation if the information is
not provided by the specified date per program, unless the applicant contacts you.

2. Recipient
a. Generate a pended notice (Request for Contact/Verification) to request information
needed about an eligibility factor(s); and
b. Inform the recipient the case will be terminated due to noncooperation if the information
is not provided by a specified date per program.

Wyoming Department of Family Services | Support Services |September 2025 | Page 2

1406 Notice Following Administrative Hearing Request
Child Care - ARW, Chapt. 1, Purchase of Service
A. Inform the assistance unit that it retains its right to request continued benefits at the previous benefit
level if the administrative hearing is requested within ten days of the notice of adverse action and the
certification period has not expired.
B. Generate the appropriate denial notice when benefits cannot be continued.

1500 Reporting Requirement/Action on Changes
_____________________________________

September 2025
1500 Reporting Requirement/Action on Changes
Child Care - ARW, Chapt. 1, Purchase of Service
A. Conduct a re-determination of eligibility for the benefit month when a change is reported or becomes
known to the DFS-FO.
B. The Agency will act on a change when beneficial to the client, a change in hours, or when the client is at
85% State Median Income.
1501 Changes to be Reported
Child Care - ARW, Chapt. 1, Purchase of Service
A. Allow each assistance unit to report changes through ECARES by phone, in person, by e-mail, in
writing, by e-mail or on the change report form (DFS 103).
B. Changes to be reported include:
1. Changes in the current or benefit month’s conditions, such as a change in provider or other
situations, which could positively affect the benefit and parental obligation;
2. Other changes in circumstances;
a. Changes in marital status, school enrollment, and allowable expenses;
b. Changes in assistance unit size, living arrangements, and address;
c. Changes in earned income, such as source of income, beginning/ ending, employment,
rate of pay, and increase/decrease in number of work hours; or
d. Changes in unearned income.
3. When a change of income is reported during the 12-month eligibility period, it must remain
below State Median Limit. If income changes step do not change step of benefits unless it
benefits the client.
4. Document the change and action taken in the case record.
1502 Time Frames for Reporting Changes
Child Care - ARW, Chapt. 1, Purchase of Service
A. Instruct the relative/caretaker to report a change in circumstances within ten (10) calendar days of the
day the change becomes known by the assistance unit.
1504 Timely and Complete Report
Child Care - ARW, Chapt. 1, Purchase of Service

Wyoming Department of Family Services | Support Services |September 2025 | Page 1

A. Perform a re-determination of eligibility whenever a change is reported and ensure it remains an
accurate reflection of the likely situation for the benefit month.
B. ECAREs documents the date of the re-determination in the case record in all instances recording the
information and method used to arrive at the best estimate.
C.. Take the appropriate action on the case for each program within the time frames specified:
1. From the date of the change when there is an increase in the benefit level for the assistance unit,
a change in provider or address; or
2. Process a termination for ineligibility by terminating existing authorizations; do not close the
child care case on ECARES.
1507 Good Cause for Untimely Reporting
Child Care - ARW, Chapt. 1, Purchase of Service
A. Determine if good cause exists by requiring the assistance unit to provide verification of the reason for
the untimely reporting of a change in circumstances.
1. Consider a report of a change untimely when not reported immediately upon knowing of the
change when possible, unless the assistance unit can provide proof of good cause;
2. Consider only the following to be good cause circumstances with no exceptions:
a. The assistance unit was out of town due to illness or death of an immediate family
member;
b. A member of the assistance unit was in the hospital during the timely reporting period;
c. The postmark on the envelope proves the information/verification or change report was
late due to postal problems;
d. Circumstances of weather or disaster prevented the delivery or return of the
information/verification or change report form.
e. Other circumstances beyond the control of the assistance unit and for which no
alternative was available.

3. Process the change for Child Care as if it had been reported timely when a good cause exists and
is verified. (See Section 1504)
4. Document the reason in the case record for approval/denial of good cause.
5. Realize that good cause will not be allowed when the information, change report, and/or
verification(s) were not reported until after the first of the benefit month that would have been
affected.

1600 Review/Recertification

_____________________________________

September 2025

1601 Child Care
Child Care - ARW, Chapt. 1, Purchase of Service
A. Conduct a periodic review of all eligibility factors not less than once every twelve (12) months.
B. Require completion of the Application form.
C. Request verification when it becomes known that the circumstances have changed or there is a reported
change.
D. ECARES will establish a new best estimate when the assistance unit receives income, if required.
E. Realize a periodic review or desk audit can be required at any time continued eligibility is questionable
or a stable history has not been established.
F. ECARES will determine the number of hours needed for child care and the calculation used to
determine the number.
G. ECARES will authorize Child Care, if required, and has provided information/verification by the
requested date.
H. Allow the assistance unit to continue to receive transitional services when there is a break-in-aid of less
than thirty (30) days.
I. Terminate the Child Care authorization if found case was not eligible for Child Care Assistance.

1900 Informal Conferences/Administrative Hearings
_____________________________________

September 2025
Child Care - ARW, Chapt. 1, Purchase of Service
DFS - ARW, Chapt. 1, Contested Case Hearing Procedures
OAH - Chapt. 2, Contested Case Proceedings
1901 Time Frames for Conferences/Hearings
A. Accept a request for a Child Care administrative hearing within 30 days from the date of the notice of
adverse action.
B. Forward a copy of the request to the Client Advocate at DFS-SO within two days of the request as an
administrative hearing must be scheduled within 20 days of the request.
C. Understand the hearing must be conducted, the decision reached and signed by DFS and the requesting
party/ representative notified of the decision in writing:
1. Within 90 calendar days from the date of the request for all other programs;
2. Add one day for each day the hearing is postponed at the request of the requesting
party/representative.
1902 Denial of Hearing
A. An administrative hearing can be denied by DFS-SO when:
1. The reason for the adverse action is due to a mass change;
2. No adverse action has been taken by DFS;
3. The request for the hearing was not received within the appropriate time frame; (see Section
1901)
4. The assistance unit fails, without good cause, to appear at the scheduled hearing; or
5. The assistance unit or its representative withdraws the request in writing.
B. Inform the requesting party/representative that a denial of a request is the final decision of DFS and
may be appealed to the district court.
1903 Continuation of Benefits
A. DO NOT continue Child Care pending the administrative hearing decision unless the assistance unit
later becomes eligible for reasons.

Wyoming Department of Family Services | Support Services | September 2025 | Page 1

1904 Informal Conference
A. Schedule and conduct an informal conference within seven days of receiving a request for an
administrative hearing for Child Care programs and issues (please see H below for overpayment issues).
B. Allow the party, or the party’s representative, whose interests have been adversely affected, to waive the
informal conference.
C. Require the informal conference to be attended, at a minimum, by the Benefit Specialist and supervisor
to represent the DFS-FO.
D. Review the facts and legal authority that the DFS-FO relied upon in making the determination to take
an adverse action.
E. Provide notification immediately to the requesting party/ representative and to the Client Advocate
when results of an informal conference are successful.
F. Require the withdrawal by the client to be in writing.
G. Provide notification immediately to the requesting party/representative and the Client Advocate when
results of an informal conference are unsuccessful, as an administrative hearing will be scheduled.
H. If the request for an administrative hearing involves an overpayment of benefits, immediately forward
the request to the Fraud & Recovery Investigator assigned to that field office. Understand that the
Fraud & Recovery Investigator will conduct the informal hearing with the requesting party as it relates
to the overpayment.
1. Understand the Fraud & Recovery Investigator will proceed and take the lead through the
administrative hearing process should the requesting party fail to withdraw their request for a
hearing as it relates to the over-payment.
2. Understand the Fraud & Recovery Investigator may call/list the appropriate Benefit Specialist
and/or Benefit Specialist Supervisor as a witness in the Disclosure Statement which will be
submitted to the Office of Administrative Hearings prior to the scheduled hearing as it relates to
the over-payment and other than the administrative hearing issue(s).

1905 Preparing for Administrative Hearing
A. Gather copies of the regulations supporting the adverse action, i.e., CFR, Rules, state statute, public law,
etc.
B. Gather all documents of verification supporting the adverse action.
C. Gather copies of relevant notices sent to the requesting party/ representative.
D. Number all documentary or physical evidence to be submitted for consideration beginning with “1”.
E. Arrange for witness testimony.
F. Arrange for legal representation from the Attorney General’s office through the Client Advocate when
the requesting party/representative will be represented by legal counsel or when the issues to be
presented at the administrative hearing are of a nature which would require the assistance of counsel.

Wyoming Department of Family Services | Support Services | September 2025 | Page 2

G. Prepare a Disclosure Statement and include:
1. The Docket number, if available;
2. The name of the petitioner/contestant;
3. A list of witnesses to be called including, name, title, and location;
4. A list of exhibits to be offered by alpha character number; and
5. A statement explaining what occurred, why the adverse action was taken, and how the action
was taken.

H. Send copies of the Disclosure Statement and all exhibits to the DFS-SO program consultant for review
when an attorney is involved and prior to sending the information to the parties identified in I.
I. Send copies of the Disclosure Statement and all exhibits to the following no later than five days prior to
the hearing date:
1. The assigned hearing officer;
2. The petitioner/contestant (by certified mail);
3. The DFS Client Advocate; and
4. All witnesses involved.
J. Plan opening and closing statements.
1906 Hearing Decision
A. Understand the recommended decision is sent to the requesting party/representative, the DFS-FO and
the Client Advocate within 20 days but no later than 30 days when additional information is requested.
B. Understand the parties have the opportunity to file exceptions to the decision and a brief within ten
days of receiving the decision.
C. Understand the decision is reviewed for reversible error and the final order is entered.
D. Understand the final order is then mailed to all parties (certified mail to the requesting
party/representative).
E. Realize an appeal can be made by the requesting party/representative to the District Court within thirty
(30) days of receipt and then to the Supreme Court if dissatisfied with that decision.

2000 Overpayment Recovery Disqualification Purpose

Child Care Rules, Chapter 1, Section 4

_____________________________________

September 2025
2000 Overpayment Recovery Disqualification Purpose
Child Care Rules, Chapter 1, Section 4
A. The Eligibility Integrity Unit (EIU) is responsible for investigating allegations of public assistance
fraud, establishing program overpayments, and collecting program overpayments.
B. The Unit is also responsible for the referral of individuals for possible disqualification and/or possible
prosecution.
2001 Reports of Potential Fraud
A. When a report of potential fraud is received, refer the reporter directly to a member of the EIU.
2002 Referring a Household for Investigation
A. Discuss the case with your supervisor and an EIU investigator.
B. Complete and submit the DFS 719 Form - Referral for Investigation, which requires the following
information:
1. Time frame in question;
2. Programs involved;
3. Reason for referral; and
4. First and last names of the individuals involved.
2003 To Report Suspected Employee Fraud
A. When employee fraud is suspected, report directly to the manager of the Eligibility Integrity Unit. Do
not file the report with your assigned field office Fraud and Recovery Investigator. Do not discuss any
details with co-workers or supervisors.
2004 Referral to the Eligibility Integrity Unit
A. When an overpayment may exist for Child Care Overpayments occur when benefits are paid incorrectly
due to either the fault of the assistance unit or the agency. Upon discovery, complete the DFS709
Referral to the Eligibility Integrity Unit to include:
1. Date of Referral;
2. Case Name;

Wyoming Department of Family Services | Support Services | September 2025 | Page 1

3. Date the potential overpayment was identified by the eligibility worker (date of discovery);
4. Summary of referral reason to include specific information – names, employers, dates, etc.,
without abbreviation(s);
5. Recommend disqualification referral for an intentional program violation for any of the
participating adults by checking the Yes or No box; and
6. Signatures of the Benefit Specialist as well as the Supervisor.
B. Submit the DFS 709 by emailing it to dfs-709@wyo.gov.
C. Refer recipients with questions regarding an established overpayment claim to a Fraud and Recovery
Investigator identified in the narrative and email from the EIU.
2005 Collection Efforts/Methods
A. If the debtor contacts the field office to discuss an overpayment claim, the Benefit Specialist should
refer the debtor to a Fraud and Recovery Investigator immediately.
B. Understand the debtor has the option of making payments online, mailing payments directly to, or
taking the payment in person to any DFS-FO.
C. Accept payment in the following forms:
1. Money order, certified check, or personal check made payable to DFS Fraud and Recovery Unit.
D. Develop local procedures to accept these payments within the following guidelines:
1. Verify the amount paid and issue a receipt notating:
a. Date;
b. Name of payer;
c. Amount paid;
d. Check or money order number, if applicable;
e. The ECARES number and name of the head of the assistance unit to which the payment
is to be applied; and
f. Name of the person who issued the receipt.

E. Forward all payments together with the DFS 721, Overpayment/Recovery Transmittal to the following:
DFS Eligibility Integrity Unit
2300 Capitol Avenue, 3rd Floor
Cheyenne, WY 82002
2006 Referral for Disqualifications
Disqualification Hearing Process, Disqualification Hearing Decision, and Penalties
A. Referral for Disqualification
1. An individual may be referred for disqualification even if no benefits were issued or an
overpayment did not occur if there is evidence of intent to commit a program violation.

Wyoming Department of Family Services | Support Services | September 2025 | Page 2

2. Consider all responsible adult individuals in the assistance unit potentially involved in the intent
to commit a program violation for Child Care for disqualification. Using the DFS 719, refer the
individual(s) to the Fraud Investigator for possible disqualification if there are facts to support
the intent to commit a program violation (fraud) after discussing with your supervisor and an
investigator.
3. All documentation that supports the fraud allegations shall be sent to the Fraud and Recovery
Unit.

B. The Disqualification Hearing Referral Process
1. The Fraud and Recovery Investigator will conduct a review of the documentary evidence. If
warranted, the Fraud and Recovery Investigator will submit a formal referral for disqualification
from the child care program.
2. Separate referrals for disqualification hearings will be prepared for each individual that is
formally referred.
3. A pending disqualification hearing or court action does not affect current eligibility for Child
Care.
4. A separate disqualification hearing will be scheduled for each individual that is formally referred
for a disqualification hearing.
5. The Fraud and Recovery Investigator, Benefit Specialist, and Benefit Specialist Supervisor will
receive a copy of the Advance Notice of Disqualification Hearing (DFS AM 9072). The Advance
Notice of Disqualification Hearing will include vital information, including the date, time, and
location of the hearing, as well as the reason the individual is being referred for a
disqualification hearing.
a. DO NOT contact the individual (Defendant) or discuss the hearing with the individual
(Defendant).
b. If the individual (Defendant) contacts the field office to discuss the hearing, their
defense, the waiver, or any other element of the hearing process, the individual should be
referred to the Fraud and Recovery Investigator.

6. Preparation of the Disclosure Statement is the responsibility of the Fraud and Recovery
Investigator.
a. Provide the Benefit Specialist, Benefit Specialist Supervisor, Hearing Examiner, and the
Defendant will receive a copy of the Disclosure Statement before the hearing.
b. The Benefit Specialist and Benefit Specialist Supervisor shall review the Disclosure
Statement and all exhibits.
c. The Benefit Specialist and/or Benefit Specialist Supervisor will communicate with the
Fraud and Recovery Investigator to discuss the facts of the case, the Disclosure
Statement, and exhibits. If corrections or additions are warranted, such modifications
should be discussed with the Fraud and Recovery Investigator before the hearing.
7. Representation of the Agency (Plaintiff) will be by the Fraud and Recovery Investigator. The
Benefit Specialist and/or Benefit Specialist Supervisor may be designated as witnesses and may
be called upon to provide testimony during the disqualification hearing. Participation may be by
conference call or through video conferencing, and attendance is mandatory.
Wyoming Department of Family Services | Support Services | September 2025 | Page 3

8. DFS is entitled to an attorney when the individual (Defendant) has an attorney. If the Benefit
Specialist, Benefit Specialist Supervisor, or any other individual at the DFS-FO is notified that
the individual (Defendant) has an attorney, contact the Fraud and Recovery Investigator
immediately.

C. The Disqualification Hearing Decision
1. Await the Disqualification Hearing Officer’s Final Decision
a. The Decision will inform the individual (Defendant) of the decision, the reason for the
decision, and the date when the disqualification will take effect.
b. The original decision will be sent to the individual (Defendant) via U.S. Mail, certified,
return receipt requested;
c. Copies will be sent to the Benefit Specialist or Benefit Specialist Supervisor and Fraud
and Recovery Investigator via email;
d. DO NOT TAKE ADVERSE ACTION ON THE CASE PRIOR TO RECEIVING
THE HEARING OFFICER’S DECISION.

2. The Hearing Officer will notify the individual (Defendant) of their right to appeal and the
deadlines for appeal. An appeal is the individual’s (Defendant’s) right.
3. Commission of an Intentional Program Violation (IPV) by the individual (Defendant)
disqualifies only the specific individual, but does not disqualify the entire household.

D. Disqualification Penalties
1. The adult in the child care assistance unit shall be ineligible if found guilty of an IPV in an
administrative hearing: federal, state, or local court; and/or until full restitution is paid and the
sentence is completed;
2. The adult in the child care assistance unit shall be disqualified if given deferred prosecution,
until full restitution of all erroneous payments is paid, and the sentence is completed; or,
3. The adult in the child care assistance unit shall be disqualified if they waived their right to a
hearing or were found guilty of an IPV after the disqualification hearing as follows:
a. Twelve (12) months for the first disqualification;
b. Twenty-four (24) months for the second disqualification; or
c. Permanently, for the third disqualification.

2007 Referral for Possible Prosecution
A. In cases where an Investigator has determined there is adequate evidence, the individual(s) may be
referred by the Fraud Investigator for possible prosecution.
1. The Benefit Specialist/Benefit Specialist Supervisor will take the following actions for all over
payment(s)/claim(s) coded as “DE” error cause/code when a potential referral for prosecution is
warranted:

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a. DO NOT discuss the possibility of criminal investigation or prosecution with the
individual(s).
b. DO NOT discuss any elements of the investigation with the individual(s).
c. Be aware that the Benefit Specialist and Benefit Specialist Supervisor will likely be called
as witnesses. Discussions regarding the facts of the case should be limited to the Fraud
and Recovery Investigator.
d. If the Benefit Specialist, Benefit Specialist Supervisor, or any other Agency employee is
contacted by any person, including attorneys or investigators for the defense, the Agency
employee should contact the Fraud and Recovery Investigator before speaking to anyone
regarding any element of the case.
e. ALL documents received or used in the administration of the case are EVIDENCE. If the
DFS-FO discovers any documents regarding the case, they should notify the Fraud and
Recovery Investigator immediately.
f. The Fraud and Recovery Investigator will notify the Benefit Specialist and Benefit
Specialist Supervisor of any hearing or trial dates when their testimony or participation
may be needed. Attendance at these hearings and/or trials is mandatory.

2. The referring Benefit Specialist and Supervisor will be notified when an overpayment claim is
established or when the referral does not result in an overpayment.

Attachment A: Child Care Providers

_____________________________________

September 2025

A-1 Provider Eligibility Requirements
Child Care- Admin. Rules, Chapt. 1 Purchase of Service
A. Require the provider to complete the following registration process:
1. Complete the W-9 Request for Taxpayer Identification Number and Certification Form;
2. Complete the appropriate provider registration form, DFS 203a/b;
3. Submit signed Authorization Release of Child or Disabled Adult of Child or Disabled Adult
Central Registry and Wyoming Criminal History Record Information form (SS 26) for each adult
household member initially and annually of the enrollment date; and
4. Pre-service and annual orientation training.
B. Submit a National Criminal History Check (Fingerprints) initially and every five (5) years for anyone 18
years or older in the household; and
1. Take the following actions when any of the background checks return indicating that the
individual is known to that system:
a. Document the case file;
b. Inactivate the provider on the JAS system;
c. Send the DFS-206 to the provider to notify him/her of ineligibility for payment and
options for disputing the report(s);
d. Forward the results of a fingerprint check to the state office for final determination of
eligibility for payment when the criminal history report is disputed by the provider; and
e. Reactivate the provider if the DFS-SO reviews the criminal record and approves the
provider for payment, or the Central Registry record is removed.

C. Acknowledge the provider has attested to being at least 18 years old or has met Wyoming emancipation
law and has agreed to the following upon signing the DFS 203a/b:
1. Meet the minimum health and safety standards;
2. Be licensed, when applicable;
3. Have procedures for handling complaints available for public viewing;
4. Permit parental access to the facility and their child during business hours;
5. Comply with federal, state, or local laws as they pertain to operating a child care business;
6. Provide for a substitute provider who meets the definition of “substitute provider”;
7. Make the provider registration form, DFS 203a/b, available for public viewing upon request;

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8. Receive a favorable Criminal History pre-screening and Child Abuse-Neglect Record Check;
9. Conduct business and be located in Wyoming; and
10. Meet the requirements of the Americans with Disabilities Act by:
a. Attempting to make reasonable accommodations to meet the needs of a child with
disabilities;
b. Providing written policies for public viewing concerning the admission policies for
children with special needs and nondiscrimination of persons with disabilities;
c. Understanding additional fees/charges may be assessed to DFS when the child has
special needs and reasonable accommodations cause undue hardship;
d. Requiring the following criteria to be met:
i. The special needs of the child must be verified and specified by a medical
professional; and
ii. The provider must submit proof from an appropriate professional of specialized
education, experience, and/or training to meet the special needs of the child;
iii. Additional charges may not exceed $250 per month; and
iv. A DFS or contract supervisor must approve the payment.

11. Maintain for a period of three years attendance records for each child and other services that
were provided in accordance with each authorization and make these records available to state
and federal auditors upon request; and
12. Submit verification to DFS within 90 days of the date payments began for the current
certification in infant/child CPR and first aid if the provider is legally exempt from licensing.

D. DFS will not make payment if:
1. The provider has committed fraud against DFS and the disqualification penalties have not been
met; or
2. The provider or any adult household member has a substantiated abuse or neglect case; or
3. The parent(s)/caretaker(s) have not completed the Provider Assessment Form, DFS 204.
E. Inform the provider and the client that the registration process must be completed:
1. During the thirty (30) day application processing time for new applications; and
2. During the ten (10) day report of change period for ongoing child care cases, when the client
reports a change in providers.

F. Require child care licensing requirements to be completed prior to payments being made or
authorizations (DAUC) written if the provider is not exempt from licensing requirements.
A-2 Provider Payment
Child Care - Admin. Rules, Chapt. 1, Purchase of Service

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A. ECARESProvider enters attendance through the ECARES system and the system generates attendance
and payments for each service period.
B. Make payment for child care services directly to the provider and not the parent, based on:
1. The provider’s usual rate schedule for private pay customers not to exceed the monthly
maximum payment rate established by DFS using:
a. A part-day and/or full-day rate when a licensed provider has daily, weekly, or monthly
rates.

2. Do not exceed the rate the provider charges based on a family rate when more than one child
receives care from the same provider;
3. Make payment according to the authorization for each child;
4. Do not exceed the actual costs billed, even if the authorization would allow more;
5. Deduct payments made by or available from other sources prior to determining the DFS
payment amount.

C. Allow payment only to providers who have a provisional or full license or have completed the
registration process if the provider is exempt from licensing.
1. Contact the DFS-SO Licensing Specialist to obtain written or verbal verification the provider is
licensed or exempt from licensing;
2. Providers exempt from licensing are:
a. Relatives;
b. Grandparents caring for their own grandchildren and two unrelated children or children
from one immediate family;
c. Caring for two or fewer children not related to them;
d. Caring for children in a children's home;
e. Providing occasional or sporadic care;
f. Caring for children from one immediate family; or
g. Other situations as specified in W.S. 14-4-102(b), as may be exempt.
3. Document this in the case record.
D. Disallow payment to a provider when:
1. The provider does not meet the provider eligibility requirements;
2. Abuse/Neglect has been substantiated against the child day care provider, any household
members or substitute providers who have access to the child(ren) placed in care:
a. The decision to approve payment in the case of abuse or neglect will be made by the DFS
district manager or designee in accordance with W.S. 14-3-213(c); and
b. Provider case records must document Central Registry checks have been made.
3. The provider has been denied/revoked licensing due to not meeting standards:
a. Continue making payment when a revocation has occurred unless the license revocation
is due to a substantiated child abuse/neglect situation; and
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b. Cease payments when notified by letter from the Child Care Consultant to do so.
4. The legally exempt provider has failed to submit verification of current certification in
infant/child CPR and first aid within 90 days of the date the provider received payment for
services;
5. The provider is in violation of federal, state or local laws related to operating a child care
business:
a. Issue payment to cover the last day the provider gave care, or the effective date of the
notice, whichever is earlier.

6. An outside provider is selected, and the parent/caretaker is in the home and available to care for
the child(ren):
a. Payment to an outside provider is allowable in a stepparent or minor parent situation if
the child(ren) will be at risk of neglect or abuse, as verified by CPS, if the stepparent or
grandparent provides the care; and
b. The abuse or neglect must be substantiated.

E. Allow the child care center payment rate for facilities established as child care centers exempt from
licensing because of their status, to include:
1. Centers located at the University of Wyoming;
2. Wyoming community colleges; and
3. The Wind River Reservation.
a. Disallow payment to more than six (6) providers within a twelve (12) month period
unless good cause has been established and document the good cause rationale in the
case record.
A-3 Parental Choice
A. The client/recipient has the freedom of choice to select the child care provider within the following
limitations:
1. The client cannot change providers more than six times within a twelve (12) month period
unless there is good cause based on the following:
a. The provider will no longer provide child care services;
b. The provider is required to be licensed but is no longer licensed;
c. The provider is ill and unable to care for the child(ren) temporarily;
d. Child's special needs are not being met;
e. Imminent danger to the child(ren) exists; or
f. Other factors determined by the DFS-FO manager to be good cause.
2. The selected child care provider must meet all the provider eligibility requirements;
3. The client has the right to request and review the provider registration form, DFS 203a/b;
4. Request the client to choose the child care provider:

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a. Assist the client in choosing a provider when requested, including referring the
parent/caretaker to Child Care Finder for assistance in finding care;
b. Refer the selected provider to the Regional Licensing Specialist when licensing is needed
or when the Benefit Specialist or case manager is not sure if licensing is needed;
c. Allow the client to choose someone other than the stepparent or grandparent in a minor
parent situation if:
i. The child is at-risk of abuse or neglect if the stepparent or grandparent provided
care; and
ii. The allegation of abuse/neglect has been substantiated as verified by CPS.

A-4 Benefit Period
A. Assistance cannot begin before the provider registration process is completed and before the child care
provider is licensed, when applicable.
B. New Child Care Applications:
1. Require the appropriate provider registration form (DFS 203a/b) to be signed and returned
during the thirty (30) day child care application processing time (see Section 401); and
2. Require the provider to submit a signed and dated Licensing Application Form (CCL-01) during
the thirty (30) day child care application processing time when the provider must be licensed.
a. Understand licensing of a provider may take up to sixty (60) days;
b. Notify the client that the application processing time will take longer than thirty (30)
days when the licensing process is not completed within the thirty (30) day child care
application processing time; and
c. Do not deny the application in thirty (30) days for this situation.

C. Change of Provider for Ongoing Child Care Case:
1. Require the appropriate provider registration form (DFS 203 a/b) to be on file within the ten
(10) day report of change period for ongoing child care cases with a change in provider.
2. The Auditor’s Office will not issue warrants to any person without a completed W-9, Vendor
Management form.

D. Begin the authorization with whichever is later:
1. The date of application;
2. The date the approved activity (see Section 701) began; or
3. The date the child first entered child care;
4. The provider met the provider eligibility requirements:
a. Use the date of the child care application if met during the thirty (30) day child care
application processing time (may exceed thirty (30) days if licensing application is
pending);

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b. Use the date the provider change occurred if reported and the provider registration
process was completed during the ten (10) day change of report period; or
c. Use the date the provider completed the provider registration process if met after the
thirty (30) day child care application processing or ten (10) day change of report period
unless a thirty (30) day extension has been granted for the provider to meet the licensing
requirements.
A-5 Reporting Changes
A. Provider Changed Her/His Rates - Use the following instructions to determine when the change
becomes effective when the change is because the child care provider changed her/his rate charges.
1. Enter the rate change on CHRA on the same date the new rate begins when the provider
submitted the DFS 203a/b more than five working days prior to the effective date of the change.
a. Entering the new rate before or after the effective date of the change may cause the
authorization and/or payment to compute incorrectly;
b. Assure the appropriate provider registration form, DFS 203a/b, is on file before
changing the rate on CHRA.

2. Enter the rate change on CHRA within five (5) working days of the date the DFS 203a/b is
received when it is not received at least five working days prior to the effective date of the change
or when the DFS 203a/b is received after the effective date of the rate change.

B. Provider Changed His/Her Address - Use the following instructions to process the address change:
1. Require the provider to indicate an address change on the DFS 201 or complete a W-9, Vendor
Management Form and submit it to the DFS-FO;
2. Require the provider to complete a new provider enrollment form (DFS 203a/b) to assure the
provider continues to meet the registration and licensing requirements, if necessary;
3. Enter the address change on DPRO within five working days;
4. Forward the W-9 Vendor Management Form or screen prints of both the old DPRO screen and
the new DPRO screen with a notation of the change to be made to the State Auditor’s office for a
WOLFS update;
5. Understand warrants will not be mailed to the new address until the WOLFS has been updated.
C. Ongoing Eligible Client Changes Provider:
1. Require the provider to complete the Registration Process within the ten (10) day report of
change period for ongoing child care cases.
2. Make payment back to the date the provider change occurred, when the change was reported,
and the Registration Process was completed within the ten (10) day reporting period.
3. Make payment effective the date the registration process is completed if completed after the ten
(10) day reporting period.
4. Make payment when licensing is needed back to the date the provider change occurred, when
the change was reported, and the registration process is completed within the ten (10) day
Wyoming Department of Family Services | Support Services | September 2025 | Page 6

reporting period. (Authorizations and payments cannot be issued until after the license is
issued.)
5. Make payment when licensing is needed, effective the date the registration process is completed
if completed after the ten (10) day reporting period. (Authorizations and payments cannot be
issued until after the license is issued.)

A-6 Reviews
A. Review the Provider Authorization History screen (DPRC) periodically to determine if the provider has
current Authorizations.
B. Inactivate the provider on the DPRO screen of the JAS/Child Care Computer system using the following
steps if there are no current Authorizations:
1. Delete the provider type code;
2. Type "Inactive" and the date on the first address line;
3. Delete the Certification Date;
4. Enter a "P" in the Exempt Space;
5. Enter an "I" in the Enrolled space; and
6. Press enter twice to get back to the DPRS screen; and
7. Look for a message at the top of the screen which states "Record Was Successfully Updated."
This will help keep the provider list current.

C. Review the Provider Authorization History screen prior to writing authorizations for exempt providers
to determine if licensing may be needed.
A-7 Terminations
A. Terminate the Authorization (DAUC) in the following situations: (Refer to the Day Care Conclusion
Table on the computer system.)
1. The provider no longer meets licensing standards;
2. The provider no longer meets the minimum health and safety standards;
3. The legally exempt provider has failed to submit verification of current certification in
infant/child CPR and first aid;
4. The provider committed fraud;
5. The provider is disqualified due to IPV;
6. The provider is in violation of a federal, state or local law;
7. The child is no longer being cared for by that provider;
8. The authorization is no longer applicable to the client's current situation; and

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9. The provider, a household member or substitute provider who has access to the child(ren) has a
substantiated abuse or neglect case and good cause cannot be shown.

B. Assure the appropriate JAS child care notice of adverse action is issued prior to terminating the case.
A-8 Overpayment Recovery
A. Use and follow the procedures as outlined in the Overpayment Recovery, Section 2000.

Attachment B: Quality Assurance Procedures

_____________________________________

September 2025

Quality Assurance (QA) Procedures
A. Purpose
1. Quality Assurance is a necessary function in evaluating the management and operation of Child
Care.
2. Both active and negative eligibility decisions (case approvals and denials or closures) shall be
selected to determine the appropriateness of the decision.
a. This may include changes that affect a decision.
3. QA activities shall provide a continuous source of reliable performance information.
a. This information is needed to assess and validate the integrity of the program and ensure
high standards of performance are met in determining program eligibility and the
amount of benefits authorized.

4. Reviews of negative cases are conducted to determine whether DFS’s decision to deny or
terminate the household was correct, as of the review date.
a. The review of negative cases helps ensure benefits were not denied for a household that
should have been found eligible.

B. Procedures
1. In the third week of each month, the QA reviewer will select cases to be reviewed for the
following month. Look back thirty days on the worker’s calendar from the date the case files are
being requested and select three cases from each worker from the appointments the worker had
scheduled on their calendar in that week.
2. Complete a search on JAS for each head of household name to find the case number. When
selecting cases, be sure to select mostly active cases with at least two of those cases being denied
or closed to equal thirty-three (33) total cases.
3. Print the most current narrative for each case from CCEG before requesting the case file.
4. Request the case files by emailing the worker and copying the supervisors. The workers are to
send the case files to the QA reviewer within twenty-four (24) hours.
5. The QA reviewer will review each case, making sure the eligibility determination was completed
correctly and timely.
6. The QA reviewer will check to see if all required documents are in the case file, all information
was entered onto the JAS system correctly, all calculations for income and time allowed are
correct, the narrative has correct and adequate information, authorizations for each child are
correct and that all required notices were sent.
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7. The QA reviewer will complete the DFS 414 Child Care Quality Assurance Review Form for each
case reviewed.
8. After the QA reviewer has completed the reviews for a worker, the reviewer will enter the
required information on the Data Spreadsheet and the Case File Tracking spreadsheet for that
month. The worker will also add the information to the Child Care Sheets on Google Docs. The
QA reviews should be completed by the third week of the month, and all information entered on
all required spreadsheets before requesting new cases for the following month.
9. QA reviewer will email the DFS 414 Child Care Quality Assurance Review Forms to the
Supervisors and copy the Program Manager as the reviews are completed for each worker.
10. The QA reviewer will mail the case files back to the worker as the QA reviews are completed for
each worker.
11. The worker will have five working days to correct any cases that need correcting and to respond
to their supervisor on the DFS 414b that the issues have been corrected, stating what was done
to correct the case.
12. The QA reviewer will look at the worker’s correction date on Google Doc, then look at the
narrative and case on JAS to verify corrections have been completed.

Attachment C: Child Care Non-Relative Exempt Inspection

Process

_____________________________________

September 2025

Attachment C - Child Care Non-Relative Exempt Inspection Process
A. Require a mandatory verification visit of Non-Relative, Exempt Providers initially and annually by
DFS Exempt Child Care Verifier.
1. Verifier will receive electronically a completed 203b of non-relative, exempt provider from field fiscal
on the day received in DFS office.
a. Verifier will contact non-relative, exempt provider via email, phone call or text message to
schedule an onsite visit, Verifier will conduct verification visit within 30 days and complete
Exempt Provider Inspection Form (DFS209cc), and send a copy to provider electronically if
possible. In the event electronic delivery is not available a hard copy will be sent to provider.
Verifier will enter all compliance information in the licensing database If verification visit
requires a compliance plan of action Inspector will;
i. Request provider to complete a compliance plan within 30 calendar days;
ii. The verifier will enter the due date of compliance;
iii. Verifier will review plan and approve or deny compliance plan.I have never received a
compliance plan from an exempt provider;
iv. Once the provider is in compliance, Verifier will change status to “receiving subsidy”
in the licensing database and the provider will migrate over to ECARES.

2. If compliance is not reached within the 30 calendar days, Verifier will notify the Child Care Program
Manager of non-compliance by e-mail.