§ 21-13-315 — Costs of court ordered placement of children in private residential treatment facilities, group homes, day treatment programs and juvenile detention facilities

(a) The department of family services shall establish an
account to pay residential and treatment costs excluding
educational and medical costs of court ordered placements of
children in private residential treatment facilities and group
homes located in Wyoming. Programs providing education services
including programs for children with disabilities provided by a
board of cooperative educational services, shall bill the
department of education directly for educational costs of court
ordered placements. In addition, costs of all services provided
pursuant to a student's individualized education program,
including special education services, related services and
supplementary aids and services for children with disabilities
and costs of education assessment for other children incurred as
a result of court order prior to any placement, shall be billed
directly to the department of education. The department of
family services shall promulgate reasonable rules and
regulations to provide procedures for implementing subsection
(m) of this section. If the court rejects an in-state placement
recommendation of the predisposition report or multidisciplinary
team under W.S. 14-6-227 or 14-6-427, the court shall enter on
the record specific findings of fact relied upon to support its
decision to deviate from the recommended disposition. No court
shall order an out-of-state placement unless:
(i) Evidence has been presented to the court
regarding the costs of the out-of-state placement being ordered
together with evidence of the comparative costs of any suitable
alternative in-state treatment program or facility, as
determined by the department of family services pursuant to
paragraph (d)(vii) of this section, whether or not placement in
the in-state program or facility is currently available;
(ii) The court makes an affirmative finding on the
record that no placement can be made in a Wyoming institution or
in a private residential treatment facility or group home
located in Wyoming that can provide adequate treatment or
services for the child; and
(iii) The court states on the record why no in-state
placement is available.
(b) Except to the extent costs are covered under
subsection (n) of this section, the department of education
using federal or foundation funds, or both, shall pay for the
allowable education costs of juvenile and district court ordered
placements of children residing in private treatment facilities
and group homes where a fee is charged, including court ordered
placements in programs for children with disabilities provided
by a board of cooperative educational services. No district
shall receive funds, either directly or indirectly, from any
facility or home receiving payment under this section for
providing education programs and services to children placed and
residing in the facility or home, but the district may count the
children among its average daily membership if the district
provides education services directly to the children or pays
another district to provide education services to the children
pursuant to contract. The department of education shall adopt
reasonable rules and regulations prescribing standards and
allowable costs for educational program services funded under
this section. Standards shall be subject to W.S. 21-9-101 and
21-9-102 and rules and regulations of the state board and shall
be designed to fit the unique populations of residential
centers, group homes, programs and services provided by boards
of cooperative educational services and out of state placement
facilities.
(c) Costs shall be billed monthly by the program provider
to:
(i) The department of family services account for
residential and treatment services; and
(ii) Except to the extent costs are covered under
subsection (n) of this section, the department of education for
approved educational services specified under subsection (b) of
this section.
(d) If a placement of a child is to be made and funded
under this section, the predisposition study required by W.S.
14-6-227 or 14-6-427 shall include:
(i) A description of efforts to provide services to
the child in the home prior to placement;
(ii) Contact with other agencies involved with the
child. At a minimum, those contacted shall include the child's
school and the field office of the department of family
services;
(iii) The presence of any preexisting and identified
handicapping conditions;
(iv) A review of the financial resources of the
child's parent or guardian;
(v) A certification by the department of family
services that funding for the placement is available within the
appropriation. The placement of the child shall not be funded
under this section if the department of family services is
unable to make the certification. The department of family
services shall make the certification only if unencumbered funds
are available within the appropriation making allowance for the
costs for children already placed. Funds shall not be certified
available if an adequate, less restrictive, less expensive
placement is available;
(vi) The names of persons and agencies contacted in
preparing the report; and
(vii) If an out-of-state placement is under
consideration, the name, address, program description and costs
of each Wyoming institution and each private residential
treatment facility and group home located in Wyoming that the
department of family services has determined can provide
adequate treatment or services for the child, and whether
placement in the in-state institution, treatment facility or
group home is available.
(e) If at any time the placement is found to be
educationally inappropriate or not the least restrictive
placement available, the placement shall be referred back to the
court with a recommendation on what would be a suitable
placement.
(f) Only group homes and residential treatment facilities
certified by the department of family services are eligible to
receive funding for residential and treatment services under
this section. Costs for education services shall be paid by the
department of education under this section only if the
educational program of the group home or residential treatment
facility or the program provided by the board of cooperative
educational services meets the standards of subsection (b) of
this section and has been approved by the department. The
department of family services and the department of education
shall provide the courts with a list of approved facilities and
services. The court shall determine the parents' or the
guardian's contribution to the court ordered placement for all
costs excluding necessary education costs based on the parents'
or guardian's ability to pay as provided by W.S. 14-6-236 or