WYOMING

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WHO:        ALL persons MUST report or cause a report to be made.  [Stat. Ann. § 14-3-205(a)]

No professional groups are specified as mandatory reporters except for the physicians, physicians’ assistants, and nurse practitioners shown below.

·       STANDARD:  [Stat. Ann. §§ 14-3-202(a)(iii); -205(a); -206(d)]                         

Child means under age 18.

(1)   For any reporter: (1) reasonable cause to believe or suspect that a child has been abused or neglected; OR (2) observing any child being subjected to conditions or circumstances that would reasonably result in abuse or neglect; but a homeless child age 16 or 17 is NOT a sufficient basis to report neglect.

(2)   As of 7/1/2019, for CERTAIN reports to law enforcement: Any physician, physician’s assistant, or nurse practitioner who examines a child: has reasonable cause to believe that (1) the child is a victim of abuse or neglect AND that (2) other child(ren) residing in the same home may also be victim(s) of it.

·       PRIVILEGE:  The statutes reviewed have no reporting exemptions. Resulting judicial proceedings may exclude evidence for attorney-client, physician-patient, and clergy-confession privilege. Husband-wife and family violence/sexual assault advocate-victim privilege do NOT apply.  [Stat. Ann. § 14-3-210]

WHEN:      For all reporters: IMMEDIATE.  [Stat. Ann. § 14-3-205(a)] 

WHERE & HOW:    Reports are to any local office of WY Department of Family Services’ (DFS’s) Child Protective Services (CPS) agency OR to local law enforcement. The statutes reviewed do not specify how reports are made. The receiving agency forwards them if jurisdiction is military or is elsewhere in the state. [Stat. Ann. §§ 14-3-205(a); -206; -202(a)(4)] 

·       A physician, physician’s assistant, or nurse practitioner who believes a child s/he examined is abused or neglected AND that other children in the home may be also, must report it to law enforcement with exam results and facts supporting reasonable cause for the other child(ren).  [Stat. Ann. §§ 14-3-206(d)]

·       A reporter on staff at a medical or other public or private institution, school, facility, or agency MUST notify the site’s head or designated agent, who must then report or cause a report to be made, as soon as possible. Yet the reporter must report in the regular way, UNLESS the institution reported or will.  [Stat. Ann. § 14-3-205(b)]

·       Suspicious death. Any person who knows or has reasonable cause to suspect that a child died as a result of abuse or neglect MUST report to the appropriate (i.e., county) coroner.  [Stat. Ann. § 14-3-207]  

CONTACT INFORMATION:

·       In an emergency:             Dial 911 & local law enforcement. Report to DCF afterward.

·       DFS / CPS county directory                     https://dfs.wyo.gov/about/contact-us/

o   DFS has no statewide hotline at the time this is written.  [Stat. Ann. § 14-3-206]

·       Law enforcement directory (WY):             https://www.usacops.com/wy/

·       County Coroner directory (WY):  https://www.countyoffice.org/wy-medical-coroner/ 

·       An undated mandatory reporter brochure with more contact information is at: https://www.uwyo.edu/wind/_files/docs/srh/abuse%20neglect%20guide.pdf

o    1 (800) 78-CRIME – 24/7 English/Spanish hotline: crime, school & family abuse.

o    1 (855) 86-BULLY – 24/7 English/Spanish hotline for school bullying.

o    https://wetip.com/ to report tips (it is anonymous, like the first two).

o    DFS offices – page 13 of the brochure.

o    Law enforcement – pages 10-12 of the brochure.

OTHER ASPECTS

·       REPORT DETAILS: if available: (a) child’s name, age, address; (b) name and address of anyone responsible for his/her care; (c) nature and extent of child’s condition; (d) how the reporter knows; (e) names and conditions of any other children relevant to the report; (f) any evidence of previous injuries to the child; (g) creator and date for photos, videos, x-rays; and (h) other relevant info.  [Stat. Ann. § 14-3-206(a)(ii)]

·       REPORTER PROTECTION: (1) The report must include any available photographs, videos, and x-rays, & identify their creator and dates. (This identifies only the source of evidence)  [Stat. Ann. § 14-3-206(a)(ii)]  (2) The statutes reviewed do not address disclosure of the reporter’s identity. (3) Any person reporting in good faith is immune from civil and criminal liability, and good faith is presumed.  [Stat. Ann. § 14-3-209]

WHY:        (1) A public or private employers who discharges, suspends, disciplines, or penalizes an employee solely for reporting commits a misdemeanor punishable by < 6 months imprisonment and/or $750 fine.  [Stat. Ann. § 14-3-205(c)]  (2) A knowingly, intentionally false report – or encouraging or coercing someone  else to make one – is a misdemeanor punishable by < 6 months imprisonment and/or $750 fine.  [Stat. Ann. § 14-3-205(d)]

WHAT:      In Wyoming, child abuse means physical injury, mental injury, imminent danger, abandonment, unreasonable or excessive corporal punishment, malnutrition, and sexual abuse. Child neglect means failure or refusal to provide.  [Stat. Ann. § 14-3-202(a)(ii),(vii)]   

Initial Screening Criteria (CPS):  [Stat. Ann. § 14-3-204(a)(iii); Wyo. Rules § 049.0006.2.08012001 Chap. 2, Sect. 2]

(A)     For [legal] investigation: (a) whether criminal charges could be filed, the child appears to be in imminent danger, and/or will likely need to be removed from the home; and/or (b) whether there was a child fatality, major injury, or sexual abuse.

(B)     For [family] assessment: whether allegations (a) meet statutory definitions of child abuse/neglect; and (b) are within the scope of CPS (as to family matters).

Reportable: (a) a person responsible for the child’s welfare for abandonment, excessive or unreasonable corporal punishment, malnutrition, failure/refusal to provide; or committing or allowing sexual abuse; (b) anyone for physical injury, mental injury, imminent danger, or committing sexual abuse.  [See items below]

·        A person responsible for a child's welfare includes: (a) a parent, noncustodial parent, guardian, custodian, stepparent, or foster parent; (b) any other person, institution, or agency having physical custody or control.  [Stat. Ann. § 14-3-202(a)(i)]

Abuse means (a) inflicting or causing non-accidental (b) injury, harm or imminent danger to (c) a child’s physical or mental health or welfare. Examples are: (i) abandonment, unless it is legally compliant relinquishment; (ii) excessive or unreasonable corporal punishment; (iii) malnutrition or substantial risk of it by intentional or unintentional neglect; and (iv) committing or allowing a sexual offense.  [Stat. Ann. § 14-3-202(a)(ii)]  Of (i), (ii), (iii), and (iv), the statutes define only sexual offenses in detail. 

(A)     Physical injury means ANY HARM to a child, such as: (a) disfigurement; (b) impairment of any bodily organ; (c) skin bruising worse than minor bruising by reasonable corporal punishment; (d) bleeding; (e) burns; (f) fracture of any bone; (f) subdural hematoma; or (g) substantial malnutrition. [Stat. Ann. § 14-3-202(a)(ii)(B)]

(1)     OTHER SIGNS: (a) fear of parents or caretaker; (b) covers, favors or avoids contact with a body part; (c) limping; (d) wounds shaped like household items (e.g., hair brush punctures); (e) untreated fading injuries; (f) sprains, dislocations; (g) reports abuse; or (h) aggression, disruption, and/or destructive behavior.  [p. 3 at https://www.uwyo.edu/wind/_files/docs/srh/abuse%20neglect%20guide.pdf]

(B)     Mental Injury means INJURY to (a) psychological capacity or emotional stability (b) evidenced by observable or substantial impairment in the child’s (c) ability to function within a normal range of performance and behavior, with due regard to his/her culture.  [Stat. Ann. § 14-3-202(a)(ii)(A)]

(1)     OTHER SIGNS: (a) behavioral extremes (overly compliant, demanding or aggressive); (b) withdrawn and non-responsive; (c) too much or little eye contact; (d) inappropriately adult (e.g., parenting others) or infantile (rocking or head-banging); (e) delayed development; (f) suicide attempt; (g) reports lack of attachment to parent, caretaker, or important others; or (h) reports abuse.  [p. 4 at https://www.uwyo.edu/wind/_files/docs/srh/abuse%20neglect%20guide.pdf]

(C)    Imminent danger includes threatened harm and means a statement, overt act, condition or status that is an immediate, substantial risk of sexual abuse or physical or mental injury. It includes driving under the influence of alcohol or a controlled substance with a child in the vehicle.  [Stat. Ann. §§ 14-3-202(a)(ii)(D); 31-5-233(m)]

(D)    Sexual offenses:  [Stat. Ann. § 14-3-202(a)(ii); 6-2-301; 6-2-314, -315, -316, -317]

(1)      ACTS: (a) sexual contact (sexual touching, clothed or not, without penetration); (b) indecent liberties; or (c) sexual intrusion (oral, genital, or anal intercourse or penetration with an object or body part, however slight).

(2)      CONTEXT: THE AGE OF CONSENT is 17. Nuances are shown below.  [Stat. Ann. §§ 6-2-314(a), -315(a), -316(a), -316(a)(iv), -317(a); 6-4-402(a),(g)]

(a)     Underage: certain pairings for sexual contact or intrusion are NOT crimes: (a) a child under age 13 with an older person less than 3 years older; (b) a child age 13, 14, 15, or 16 with an older person less than 4 years older.

(b)     Authority figures: a person in a position of authority over a child is prohibited from sexual contact or intrusion where: (a) the child is under age 16 and the authority is at least age 18; or (b) the child is age 16 or 17 and the authority is age 20 or more and is at least 4 years older.

(c)      Guardian or relative: a child’s legal guardian or child’s relative by blood, marriage, or adoption who is at least age 18 is prohibited from sexual contact or intrusion when the child is under age 18; relative means an ancestor or descendant or a brother or sister of the whole or half-blood.

(3)     CONTEXT: INCEST includes sexual intrusion or sexual contact with any of: (a) an ancestor or descendant or a brother or sister of whole or half blood; (b) a parent or child by adoption; (c) blood relationships without regard to legitimacy; or (d) stepparent and stepchild.  [Stat. Ann. §§ 6-4-402(a)]

(4)     SEXUAL EXPLOITATION includes: (a) possession, manufacture, and distribution of child porn (and inducing explicit conduct by the child) (b) online enticement of children for sexual acts; (c) child prostitution; and (d) child sex tourism.   [Stat. Ann. §§ 6-4-303(b); 6-4-103(a)]

(5)      OTHER SIGNS: (a) difficulty walking or sitting; (b) bruises or other injuries around breast or genitals; (c) sudden refusal to change clothing or participate in exercise; (d) Reports nightmares or bedwetting; (e) sudden change in appetite; (f) bizarre, sophisticated, or unusual sexual knowledge or behavior; (g) pregnancy or venereal disease; (h) runaway; (i) torn, stained or bloody clothing; (j) reports inappropriate touching; (k) reports sexual abuse; (l) touches others in a sexual way; (m) fears being alone with adults, especially of one gender.  [p. 5 at https://www.uwyo.edu/wind/_files/docs/srh/abuse%20neglect%20guide.pdf]

Neglect means that (a) a person responsible for the child's welfare (b) fails or refuses to provide (c) adequate care, maintenance, supervision, education or medical, surgical, or any other care necessary for the child's well-being.  [Stat. Ann. § 14-3-202(a)(vii)]

(A)     There is overlap with abuse. MALNUTRITION may be viewed as neglect by failure or refusal to provide adequate food (but food is not explicit in the neglect list). ABANDONMENT may be viewed as neglect by failure or refusal to provide generally.

(B)     Signs may include: (a) frequent absences; (b) begging or stealing food or money; (c) needs medical or dental care, vaccines, or glasses; (d) consistent dirtiness or body odor; (e) insufficient clothes for the weather; (f) alcohol or drug abuse; (g) nobody at home to give care; (h) malnourishment, dehydration; (i) confusion, depression; (j) unkempt appearance; and (k) reports being deprived of essentials and supervision.  [p. 4 at https://www.uwyo.edu/wind/_files/docs/srh/abuse%20neglect%20guide.pdf]

(C)     A practitioner’s prayer is NOT medical neglect, if it is used instead of medical treatment.  [Stat. Ann. § 14-3-202(a)(vii)]

(D)    Homelessness of a child age 16 or 17 is NOT sufficient grounds for suspicion of neglect.  [Stat. Ann. § 14-3-205(a)]