Background Checks for Prospective Foster, Adoptive, and Kinship Caregivers - Wyoming

Date: September 2018

Who Needs Records Checks

Citation: Ann. Stat. §§ 7-19-201; 14-4-101; Code of Rules §§ 049-0001-1; 049-0033-4

Background checks are required for employees of substitute care providers certified by the Department of Family Services, including staff at any of the following privately operated facilities:

  • Children's institutions
  • Child-placing agencies, whether for permanent or temporary placement
  • Foster homes
  • Group daycare agencies
  • Detention homes
  • Public or private receiving homes
  • Correctional schools
  • Ranches for children, whether for summer operation only or otherwise
  • Day or hourly nurseries, nursery schools, kindergartens, or any other preschool establishment not accredited by the State Board of Education

In regulation: Background checks shall be completed for prospective adoptive parents and all staff of family child care home, family child care center, and child care center facilities, including directors, household members, substitutes, volunteers, and any other persons who work in the facility or assume responsibility for the direct care of children. Adult household members of adoptive parents, family child care homes, and family child care centers also must be checked.

Types of Records That Must Be Checked

Citation: Code of Rules § 049-0033-2

The background check shall include the following:

  • A completed central registry or child abuse/neglect check in all States lived in for the past 5 years for staff and all adult household members, including any adult who intends to move into the home
  • A completed fingerprint-based national criminal history records check for staff and all household members, including any adult who intends to move into the home
  • A completed national and State sex offender registry check for staff and all household members, including any adult who intends to move into the home

Process for Obtaining Records Checks

Citation: Ann. Stat. § 7-19-201

A person in need of a background check is required to submit to fingerprinting in order to obtain State and national criminal history record information. The fingerprints shall be submitted to the Wyoming Division of Criminal Investigation for processing and obtaining State and national criminal history record information. The division may submit any applicant fingerprint cards received to the Federal Bureau of Investigation for the purpose of obtaining national criminal history record information.

Grounds for Disqualification

Citation: Code of Rules §§ 049-0033-3; 049-0033-4

The department may deny a license when any staff, household member, volunteer, or substitute has been substantiated for the abuse or neglect of a child or vulnerable adult and is placed on the central registry.

Staff, household members, substitutes, and volunteers may not be employed or present in the family child care home or family child care center if the background check indicates they have been convicted or have a pending deferred prosecution of a felony or misdemeanor or a substantiation involving any of the following:

  • Any of the following felonies:
    • Abuse, neglect, abandonment, exploitation, or endangering children or vulnerable adults
    • A sexual offense against a person or child
    • Allowing the commission of a sexual offense against a child
    • Violence, including rape, sexual assault, physical assault, kidnapping, battery, or homicide
    • A crime against a child or vulnerable adult
    • Physical assault
    • Domestic violence
    • Battery
    • A drug offense
    • Arson
  • A violent misdemeanor committed as an adult against a child
  • A violent misdemeanor, including battery, physical assault, or domestic violence within the last 5 years
  • Any other crime that causes the facility to be concerned for the safety or well-being of children or others

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