Wyoming state training school-name change.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0513.L3

SENATE FILE
NO.

Wyoming
state training school-name change.

Sponsored by:
Senator(s)
Case

A BILL

for

AN ACT relating to state institutions; changing the name of the Wyoming state training school to the Wyoming therapeutic resource center; deleting archaic language; providing a definition; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 3
‑
3
‑
501(a), 3
‑
3
‑
504, 9
‑
2
‑
106(d), 9
‑
2
‑
2005(c)(iv)(B), 14
‑
6
‑
219(b) through (d), 23
‑
2
‑
207(a)(ii), 25
‑
1
‑
201(a)(iv), 25
‑
5
‑
101, 25
‑
5
‑
102(a) by creating a new paragraph (xiii) and
by
renumbering (xiii) as (xvi), 22
‑
5
‑
103, 25
‑
5
‑
104, 25
‑
5
‑
105(a)(iii) and (iv), 25
‑
5
‑
106, 25-5-107, 25
‑
5
‑
108(a) and (b), 25
‑
5
‑
109(c) and (d), 25
‑
5
‑
114, 25
‑
5
‑
115(a)(intro) and (
i
i), 25-5-116, 25
‑
5
‑
117(a)
(intro)
and (b), 25
‑
5
‑
119(a) and (c), 25
‑
5
‑
120(b)(iv), 25
‑
5
‑
121(e) and (f), 25
‑
5
‑
123, 25
‑
5
‑
124(a), 25
‑
5
‑
125, 25
‑
5
‑
126(a)(i), (ii) and (b), 25
‑
5
‑
128, 25
‑
5
‑
131(b)(iii) and (v), 25
‑
5
‑
132(a) and (b), 25
‑
5
‑
134 and 25
‑
5
‑
135 are amended to read:

3
‑
3
‑
501.

Designation of conservators; exception.

(a)

The superintendent of the
Wyoming

state training school
therapeutic resource center
is appointed conservator of the estate of:

(i)

Each adult admitted to the Wyoming
state training school
therapeutic resource center
unless a conservator or other duly authorized agent has already been appointed for the person; and

(ii)

Each minor with an estate of more than five thousand dollars ($5,000.00) admitted to the
institution
center
unless a conservator has already been appointed for the minor.

3
‑
3
‑
504.

Transfer of funds to court appointed conservator.

If a conservator for a minor or incompetent person is appointed by a court of this state after the person has been admitted to the Wyoming
state training school
therapeutic resource center
or the Wyoming state hospital, the conservatorship created for the ward under this article shall terminate and all money and property of the ward in the possession of the conservator appointed under this article shall be delivered to the court appointed conservator upon proof of his appointment and qualification.

9
‑
2
‑
106.

Duties and powers of director of department.

(d)

The director may authorize the Wyoming
state training school
therapeutic resource center
, the Wyoming state hospital, the Wyoming pioneer home, the veterans' home of Wyoming and the Wyoming retirement center to provide services to persons with conditions other than those specified in the provisions governing those state institutions in title 25 of the Wyoming statutes when the director determines that there is a need for such services, that the services can be provided effectively by the institution, that the services will be delivered in a manner that assures the safety of all individuals served by the institution and the services provided are statutorily authorized for any of these institutions, the service needs are similar to those authorized for any of these institutions or the services are necessary to protect the public health and safety. The director may promulgate rules and regulations and policies and procedures necessary to implement this subsection. Nothing in this subsection shall be construed to authorize the director to eliminate services that are otherwise required by statute. The director shall report to the joint labor, health and social services interim committee no later than October 1 of odd numbered years with respect to the status of any actions taken under this subsection and the results of those actions.

9
‑
2
‑
2005.

Department of health created; director appointed; structure.

(c)

The following agencies are assigned to the department of health under a Type 1 transfer:

(iv)

The following state institutions:

(B)

Wyoming

state training school
therapeutic resource center
;

14
‑
6
‑
219.

Physical and mental examinations; involuntary commitment of incompetents; subsequent proceedings.

(b)

If a child has been committed to a medical facility or institution for mental examination prior to adjudication of the petition and if it appears to the court from the mental examination that the child is competent to participate in further proceedings and is not suffering from mental illness or mental retardation to a degree rendering the child subject to involuntary commitment to the Wyoming state hospital or the Wyoming
state training school
therapeutic resource center
, the court shall order the child returned to the court without delay.

(c)

If it appears to the court by mental examination conducted before adjudication of the petition that a child alleged to be delinquent is incompetent to participate in further proceedings by reason of mental illness or mental retardation to a degree rendering the child subject to involuntary commitment to the Wyoming state hospital or the Wyoming
state training school
therapeutic resource center
, the court shall hold further proceedings under this act in abeyance. The district attorney shall then commence proceedings in the district court for commitment of the child to the appropriate institution as provided by law.

(d)

The juvenile court shall retain jurisdiction of the child on the petition pending final determination of the commitment proceedings in the district court. If proceedings in the district court commit the child to the Wyoming state hospital, the Wyoming
state training school
therapeutic resource center
or any other facility or institution for treatment and care of the mentally ill or the mentally retarded, the petition shall be dismissed and further proceedings under this act terminate. If proceedings in the district court determine the child is not mentally ill or mentally retarded to a degree rendering him subject to involuntary commitment, the court shall proceed to a final adjudication of the petition and disposition of the child under the provisions of this act.

23
‑
2
‑
207.

Special limited fishing permit for hospitalized veterans, residents of state institutions, court placed children and residents of licensed nursing care facilities.

(a)

Upon an appropriate form furnished by the appropriate institution or facility as prescribed by rule and regulation of the commission, a special limited fishing permit may be issued without charge by:

(ii)

The department of health or the department of family services to any resident in the veterans' home of Wyoming, Wyoming state hospital, Wyoming
state training school
therapeutic resource center
, Wyoming boys' school and the Wyoming girls' school, which entitles the institutionalized resident to fish while under the direct control of the appropriate institution;

25
‑
1
‑
201.

Establishment of state institutions.

(a)

The following state institutions are established:

(iv)

The
Wyoming

state training school
therapeutic resource center
at Lander,
Wyoming
;

25
‑
5
‑
101.

Short title.

This act may be cited as the "
Training School Act of 1981
Therapeutic Resource Center Act
".

25
‑
5
‑
102.

Definitions.

(a)

As used in this act:

(xiii)

"Center" means the
Wyoming
therapeutic resource center at Lander,
Wyoming
;

(xiii)
(xvi)

"This act" means W.S. 25
‑
5
‑
101 through 25
‑
5
‑
135
.
;

25
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5
‑
103.

Wyoming
therapeutic resource center established; purpose.

Except as otherwise authorized by rules and regulations promulgated in accordance with W.S. 9
‑
2
‑
106(d), the Wyoming
state training school
therapeutic resource center
is established for the diagnosis, evaluation, education, training, custody and care of mentally retarded persons.

25
‑
5
‑
104.

Administration and management of center.

The administration and management of the
training school
center
is vested in the department.

25
‑
5
‑
105.

Rules and regulations.

(a)

Within two (2) years after the effective date of this act the department shall adopt rules and regulations which:

(iii)

Provide for the administration of the
training school
center
;

(iv)

Prescribe professional standards for personnel employed at the
training school
center
; and

25
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5
‑
106.

Donations for benefit of center; control and disposition thereof.

Money, personal property or real estate donated for the benefit of the
training school
center
shall be held, controlled and distributed by the department according to the conditions of the donation. If there are no conditions of the donation, it shall be disposed of as provided in W.S. 25
‑
5
‑
107.

25
‑
5
‑
107.

Disposition of monies received from sale of products or as compensation.

Except as provided by W.S. 25
‑
5
‑
106, all monies received by the department for the residents in the
training school
center
from the sale of products produced or grown by the
training school
center
or as compensation from any source shall be deposited in the state treasury and credited to the general fund.

25
‑
5
‑
108.

Appointment of administrator; duties; removal.

(a)

The director shall appoint a superintendent of the
training school
center
.

(b)

The superintendent shall administer the
training school
center
as directed by the director.

25
‑
5
‑
109.

Inability or refusal to pay for services.

(c)

No person shall be denied admission to or services by the
training school
center
because of the inability of the person, his parent or guardian to pay the cost of the services received.

(d)

N
o person shall be denied admission to or services by the
training school
center
because of the refusal of the
resident's
person's
parent or guardian to pay the cost of the services received.

25
‑
5
‑
114.

Eligibility for admission; appropriateness of services; effect of criminal conviction or charge.

(a)

Except as otherwise authorized by rules and regulations promulgated in accordance with W.S. 9
‑
2
‑
106(d), a person shall not be admitted to the
training school
center
if his preadmission evaluation indicates that he would be more appropriately served by the
Wyoming
state hospital, a community program or a public school program.

(b)

A person convicted of a criminal act shall not be admitted to the
training school
center
unless the preadmission evaluation indicates that the act was due directly to mental retardation, or that the person can benefit from resident services without penal restrictions. A person charged with a criminal act shall not be admitted to the
training school
center
pending disposition of the charge.

25
‑
5
‑
115.

Preadmission screening for residential services; preparation and supervision thereof; disposition of findings.

(a)

Admission to the
training school
center
shall be based upon the preadmission evaluation:

(ii)

The preadmission evaluation shall be completed in not less than forty-eight (48) hours and not more than thirty (30) days after an application for admission has been made to the
training school
center
;

25
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5
‑
116.

Individual program plan; preparation and supervision thereof; review.

Each resident admitted to the
training school
center
after July 1, 1981, shall have on file at the
training school
center
an individual program plan.
Each resident admitted prior to July 1, 1981, shall have an individual program plan on file within two (2) years of the effective date of this act.
The individual program plans shall be prepared by an interdisciplinary team under the supervision of the superintendent. The plan shall be reviewed at least annually by the interdisciplinary team.

25
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5
‑
117.

A
dmission for residential services; application and contents thereof; written copy of rights; appeal of denied admissions.

(a)

A person determined by the preadmission evaluation to be eligible for admission to the
training school
center for residential services
may be admitted as a voluntary resident under one (1) of the following procedures:

(b)

An application for admission shall contain the nature and degree of the proposed resident's disability and the circumstances showing that the
training school
center
is the most therapeutic available facility appropriate for the proposed resident.

25
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5
‑
119.

Involuntary admissions; application to district court; representation of proposed resident; preadmission screening; notice; hearing; independent screening; admissibility.

(a)

A person may be an involuntary resident of the
training school
center
if admitted pursuant to this section. Application for involuntary admission may be made by a parent, a guardian, the superintendent or a social service agency. The application shall be filed with the district court in the county where the proposed resident, his parent or his guardian resides.

(c)

The court shall order the
training school
center
to conduct a preadmission evaluation of the proposed resident. Notice of the order shall be served on the proposed resident, his attorney and his parent or guardian. The order and the application for admission shall be served on the
training school
center
and the department. If the preadmission evaluation report finds the
training school
center
would be an appropriate placement, the court shall order a hearing. The proposed resident shall have a right to seek an independent evaluation of his eligibility for admission at the state's expense. The evaluation shall be admissible as evidence at the hearing as provided by W.S. 25
‑
5
‑
121(d).

25
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5
‑
120.

Court order setting hearing on involuntary application; service of notice; waiver.

(b)

The order setting the hearing shall contain:

(iv)

The consequences of a finding that a person shall be admitted to the
training school
center
for resident services.

25
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5
‑
121.

Rights of proposed resident and notified persons; confidentiality of hearing; admissibility of screening reports; findings by court or jury; amendment of admission order.

(e)

If the court or jury finds that specific care, treatment and service alternatives are available which are more appropriate than the
training school
center
for the proposed resident, the application shall be denied. If the court or jury finds by clear and convincing evidence that admission to the
training school
center
would provide the most appropriate services for the proposed resident, the court shall order the admission. In case of a nonjury hearing, the court shall enter findings of fact with the order of admission.

(f)

The proposed resident or if a minor or incompetent, his parents, guardian or guardian ad litem or the
training school
center
may petition the court to amend its order of admission on the grounds that appropriate and necessary services to the proposed resident are available in a less restrictive environment than the
training school
center
. The court may amend its order after notice and hearing pursuant to this act.

25
‑
5
‑
123.

Preadmission medical examination; physician's report as to communicable disease.

Every resident shall be examined by a licensed physician not more than four (4) days prior to the date of admission to the
training school
center
. Every resident shall present to the
training school
center
a physician's report stating when and where the resident was examined, that the resident is free from any communicable disease in its infectious or contagious stage and that the resident is not known to have been recently exposed to a communicable disease.

25
‑
5
‑
124.

Discharge of clients by
superintendent
or by court; appeals to department.

(a)

An interdisciplinary team may recommend to the superintendent discharge of a resident from the
training school
center
when placement in a less restrictive and more therapeutic environment is appropriate for the resident's needs and abilities. Based on the recommendations of the team, and with the consent of the resident, or his parent or guardian if he is a minor or incompetent, the superintendent shall place the resident in the least restrictive alternative environment. The superintendent may discharge the resident when the resident has been appropriately placed in an alternative program. If the resident was admitted under a court order, the superintendent shall petition the court, pursuant to W.S. 25
‑
5
‑
121(f).

25
‑
5
‑
125.

Transfer of clients for temporary care and treatment; consent; costs to be paid by school; third
‑
party obligations not limited.

If the superintendent determines it is appropriate for the welfare of a resident, the resident may be placed for temporary care and treatment in any public or private hospital, institution or residence in the state which provides services which will benefit the resident. The transfer shall not be made without the consent of the resident and his parents or guardian, or in the case of an involuntary resident, without leave of the court, except in cases of medical emergency. During and after the transfer, the resident remains a resident of the
training school
center
. The cost of the transfer and of the temporary treatment, care and training provided shall be borne by the
training school
center
. This section does not limit the responsibility of third parties to pay for medical and other expenses incurred by contract or law.

25
‑
5
‑
126.

Contracts with other states for interstate transfer of clients; payment of expenses therefor.

(a)

The department may enter into contracts with other states to provide for:

(i)

The admission to
institutions
facilities
, schools or hospitals in other states of persons admitted to or entitled to admission in the
training school
center
, when it can be shown that admission to a facility in another state is in the best interests of the person and the state of Wyoming;

(ii)

The admission to the
training school
center
of residents of other states when it can be shown that admission to the
training school
center
is in the best interests of the person and the state of
Wyoming
, and that the person's need for resident services has been determined in accordance with this act.

(b)

The expense of transferring persons from the
training school
center
to other states shall be paid by the
training school
center
. The expense of transferring persons from other states to the
training school
center
shall be paid by the state making the transfer to the
training school
center
.

25
‑
5
‑
128.

Location and return of clients absent without leave.

If a resident leaves the
training school
center
without the knowledge and written consent of the superintendent, the superintendent shall locate the resident and arrange for his return to the
training school
center
.

25
‑
5
‑
131.

Confidentiality of records; exceptions; penalties for violations.

(b)

The superintendent may provide access to the records of a resident, former resident or proposed resident by:

(iii)

A person authorized by the subject of the records, or by his parent or guardian if he is a minor or incompetent, to evaluate the subject's eligibility for admission to the
training school
center
or to determine whether his residence is the most appropriate and least restrictive, therapeutic environment for the subject;

(v)

Qualified employees of the department and the
state training school
center
and professional persons while in the performance of their official duties.

25
‑
5
‑
132.

No determination of incompetency; notification of rights; deniable rights and conditions therefor; undeniable rights.

(a)

The determination that a person is eligible for admission to the
training school
center
is not a determination or adjudication that the person is incompetent.

(b)

Upon admission to the
training school
center for residential services
, a resident shall be informed orally and in writing of his rights under this section. If the resident is a minor, or incompetent, his parents, guardian or guardian ad litem shall be informed orally and in writing of his rights under this section.

25
‑
5
‑
134.

Employment of clients within center; wages; duties; discharge for cause.

Residents who are employed within the
institution
center
shall be paid a reasonable wage based upon the nature of the employment and the productivity of the resident. The superintendent shall prescribe the duties and assignment of the resident employee and may discharge the resident from employment for cause.

25
‑
5
‑
135.

Medications aides.

Any person trained and qualified as a medication aide may administer medications in basic resident care situations at the
training school
center
. The
training school
center
shall develop curricula, certification criteria and protocols concerning administration of medications and use of medication aides. Every medication aide shall perform the duties authorized under this section under the direction of a person licensed by the laws of this state to administer medications. The direction of medication aides shall not constitute an unlawful delegation of professional duties by the licensed nurse or other professional licensed to administer medications.

Section 3.

This act is effective July 1, 2007.

(END)

1