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Perritt v. State9/23/2005
Adult Central Registry and Wyoming Criminal History Record Information (SS-26). A favorable Child Abuse-Neglect Record Check and a Criminal History Prescreening Report must be received for these individuals as well as the provider. [Emphasis added.]
Perritt listed only herself on this form for the same reasons that she did not include her husband on her initial application.
[ ] At the bottom of that form, Perritt was required to sign this "Certification:"
I certify I have read and agree to the conditions listed above. I certify all answers and statements made by me on this form are true and correct. I understand providing false information can result in loss of registration status as a child care provider. I understand the loss in registration status will result in my business no longer being eligible to receive DFS subsidized child care payments and could result in prosecution allowable under the law.
By signing that form, Perritt also acknowledged that she understood that DFS would not pay her if she committed fraud against DFS.
[ ] On April 17, 2001, Perritt submitted an Application for Day Care Certification so as to expand her business from a "Family Day Care Home (2-6 Children)," to a "Group Day Care Home (7-11 Children)." In that form, she also answered the question posed in her initial application in the negative, i.e., that no one in her home/staff had been charged with a felony or had been the subject of a substantiated child abuse/neglect investigation. On April 17, 2001, Perritt received Certificate No. 6975, authorizing her to operate a group day care home.
[ ] DFS rules governing "Child Care Provider Eligibility and Payment Requirements" were an important part of the evidence against Perritt. Indeed, those rules were given to the jury in the form of Instruction No. 13:
Section 14. Child Care Provider Eligibility and Payment Requirements.
(a) The selected child care provider must:
(i) Be someone other than a mother, father, stepparent, member of the assistance unit, or foster parent who keeps or cares for a minor at the request of the parent(s)/caretaker(s) or an agency that is legally responsible for the child and receives payment for that care.
(ii) Be at least (eighteen) 18 years old or be emancipated in accordance with W.S. 14-1-101.
(iii) Be licensed by the State of Wyoming unless the provider is legally exempt from licensing under W.S. 14-4-102.
(iv) Provide care within the State of Wyoming.
(v) Complete the provider registration process.
(vi) Meet all state, local and federal laws related to operating a child care business.
(vii) Meet the minimum health and safety standards including:
(A) An operable smoke alarm or detector must be installed on all floor levels and an operable telephone must be available where the child care takes place. Exception: A telephone is not required when the care is provided in the child's own home. However, there needs to be a phone nearby that can be used in case of an emergency and the case file must be documented when this exception applies.
(B) The provider must keep immunization records of the children.
(viii) Receive a favorable Child Abuse-Neglect Record Check and a Criminal History Prescreening Report or good cause has been shown.
(A) The provider must furnish the name, Social Security number and a signed authorization of release from all adult household members and any substitute provider(s) who have access to the child(ren) placed in care.
(I) A Child Abuse-Neglect Record Check
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