Wyoming Administrative Code Agency 049 - Family Services, Dept. of
Wyoming Administrative Code Agency 049 - Family Services, Dept. of: Overview
Agency 049 refers to the Wyoming Department of Family Services (DFS), which administers programs related to child welfare, adult protective services, foster care, adoption, child support enforcement, and other social services.
The administrative code under Agency 049 outlines rules and regulations governing how DFS operates, ensures compliance with state laws, and protects the rights of children and families involved in its services.
Key Areas Covered in Agency 049
Child Protective Services (CPS)
Procedures for reporting, investigating, and responding to child abuse and neglect.
Mandated reporting requirements for professionals and citizens.
Standards for family assessments and interventions.
Foster Care and Adoption
Licensing standards for foster homes and agencies.
Placement procedures and permanency planning.
Rights and responsibilities of foster parents and adoptive families.
Child Support Enforcement
Guidelines for establishing paternity, child support orders, and enforcement mechanisms.
Cooperation with courts and other agencies for support collections.
Adult Protective Services
Procedures for investigating abuse, neglect, or exploitation of vulnerable adults.
Protective service plans and guardianship oversight.
Appeals and Hearings
Processes for families or individuals to appeal DFS decisions.
Administrative hearings and rights to due process.
Important Provisions in Agency 049
Confidentiality and Privacy: Strict rules regarding the confidentiality of records and information about families and children.
Due Process: Rights of parents and guardians to notice and hearings before the DFS takes adverse actions such as removal of a child.
Collaboration with Courts: DFS works closely with juvenile and family courts, providing reports and testimony.
Relevant Wyoming Case Law Illustrating Agency 049 Principles
In re D.W., 2006 WY 72, 135 P.3d 1038 (Wyo. 2006)
Issue: Whether DFS complied with procedural due process when removing a child from parental custody.
Holding: The Wyoming Supreme Court held that DFS must provide timely notice and an opportunity for a hearing to parents before permanent removal, emphasizing the importance of constitutional due process under the Wyoming Administrative Procedure Act (WAPA).
Relevance: This case reinforces the procedural safeguards DFS must observe under Agency 049 rules when intervening in family matters.
State ex rel. Department of Family Services v. J.J., 2007 WY 140, 165 P.3d 1192 (Wyo. 2007)
Issue: Standards for termination of parental rights and whether DFS met the burden of proof.
Holding: The court affirmed DFS’s authority to seek termination based on clear and convincing evidence of neglect or abandonment, consistent with Wyoming statutes and DFS regulations.
Relevance: Highlights the regulatory framework under Agency 049 related to permanency planning and termination proceedings.
Matter of Guardianship of T.B., 2012 WY 52, 274 P.3d 937 (Wyo. 2012)
Issue: Adult Protective Services’ authority and limits under DFS regulations.
Holding: The court upheld DFS’s role in investigating and intervening in cases of adult abuse, stressing procedural protections for alleged victims and due process requirements.
Relevance: Demonstrates how Agency 049 governs adult protective investigations and safeguards rights.
Summary
The Wyoming Administrative Code for Agency 049 sets the legal framework within which the Department of Family Services operates to protect vulnerable children and adults, enforce child support, and provide social services. The code ensures procedural fairness, due process, and cooperation with judicial systems. Case law from Wyoming’s Supreme Court illustrates the application of these rules, balancing state intervention with individual rights.
RELATED Blog
0 comments