Current Through April 2016

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed.

Consequences

This issue is not addressed in the statutes reviewed.

Current Through February 2016

Physical Abuse

Citation: Ann. Stat. § 14-3-202‘Abuse’ means inflicting or causing physical injury, harm, or imminent danger to the physical health or welfare of a child other than by accidental means, including excessive or unreasonable corporal punishment.

‘Physical injury’ means any harm to a child, including but not limited to disfigurement, impairment of any bodily organ, skin bruising if greater in magnitude than minor bruising associated with reasonable corporal punishment, bleeding, burns, fracture of any bone, subdural hematoma, or substantial malnutrition.

Neglect

Citation: Ann. Stat. § 14-3-202The term ‘abuse’ includes malnutrition or substantial risk of harm by reason of intentional or unintentional neglect.

‘Neglect’ means a failure or refusal by those responsible for the child’s welfare to provide adequate care; maintenance; supervision; education; or medical, surgical, or any other care necessary for the child’s well-being.

Sexual Abuse/Exploitation

Citation: Ann. Stat. § 14-3-202The term ‘abuse’ includes the commission or allowing the commission of a sexual offense against a child, as defined by law.

Emotional Abuse

Citation: Ann. Stat. § 14-3-202The term ‘abuse’ includes inflicting or causing mental injury or harm to the mental health or welfare of the child.

‘Mental injury’ means an injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in his or her ability to function within a normal range of performance and behavior, with due regard to his or her culture.

Abandonment

Citation: Ann. Stat. § 14-3-202
The term ‘abuse’ includes abandonment, unless the abandonment is a relinquishment substantially in accordance with §§ 14-11-101 through 14-11-109.

Standards for Reporting

Citation: Ann. Stat. § 14-3-205
A report is required when any person knows or has reasonable cause to believe or suspect that a child has been abused or neglected or observes any child being subjected to conditions or circumstances that would reasonably result in abuse or neglect.

Persons Responsible for the Child

Citation: Ann. Stat. § 14-3-202‘A person responsible for a child’s welfare’ includes:

• The child’s parent, noncustodial parent, guardian, custodian, stepparent, or foster parent
• Any other person, institution, or agency having the physical custody or control of the child

Exceptions

Citation: Ann. Stat. § 14-3-202Treatment given in good faith by spiritual means alone through prayer by a duly accredited practitioner, in accordance with the tenets and practices of a recognized church or religious denomination, is not child neglect for that reason alone.

Current Through August 2013

Defined in Domestic Violence Civil Laws

Citation: Ann. Stat. § 35-21-102‘Domestic abuse’ means the occurrence of one or more of the following acts by a household member, but does not include acts of self-defense:

• Physically abusing, threatening to physically abuse, attempting to cause or causing physical harm, or acts that unreasonably restrain the personal liberty of any household member
• Placing a household member in reasonable fear of imminent physical harm
• Causing a household member to engage involuntarily in sexual activity by force, threat of force, or duress

Defined in Child Abuse Reporting and Child Protection Laws

Citation:This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation:This issue is not addressed in the statutes reviewed.

Persons Included in the Definition

Citation: Ann. Stat. § 35-21-102‘Household member’ includes:

• Persons married to each other
• Persons living with each other as if married
• Persons formerly married to each other
• Persons formerly living with each other as if married
• Parents and their adult children
• Other adults sharing common living quarters
• Persons who are the parents of a child but who are not living with each other
• Persons who are or have been in a dating relationship

Current Through June 2013

Confidentiality of Records

Citation: Ann. Stat. § 14-3-214All records concerning reports and investigations of child abuse or neglect are confidential.

Persons or Entities Allowed Access to Records

Citation: Ann. Stat. § 14-3-214Applications for access to records concerning child abuse or neglect held by the State agency or local child protective agency shall be made in the manner and form prescribed by the State agency. Upon appropriate application, the State agency shall give access to any of the following persons or agencies:

• A local child protective agency
• A law enforcement agency, guardian ad litem, child protection team, or the attorney representing the subject of the report
• A physician or surgeon who reasonably suspects that a child may have been abused or neglected
• A person legally authorized to place a child in protective temporary custody when needed to determine whether to place the child in temporary protective custody
• A person responsible for the welfare of the child
• A court or grand jury when it is necessary for the determination of an issue
• Court personnel who are investigating reported incidents of child abuse or neglect
• An education or mental health professional serving the child when it is necessary to provide appropriate educational or therapeutic interventions

A physician or person in charge of an institution, school, facility, or agency making the report shall receive, upon written application to the State agency, a summary of the records concerning the subject of the report.

When Public Disclosure of Records is Allowed

This issue is not addressed in the statutes reviewed.

Use of Records for Employment Screening

Citation: Ann. Stat. § 14-3-214Upon appropriate application, the State agency shall provide to any chapter of a nationally recognized youth organization, child-caring facility, public or private school, or State institution a summary of central registry records maintained under State agency rules since December 31, 1986, for purposes of screening employees or volunteers.

The written results shall confirm that there is a report ‘under investigation,’ a ‘substantiated’ finding of abuse or neglect on the central registry naming the individual, or confirm that no record exists. When the individual is identified on the registry as a ‘substantiated’ perpetrator of abuse or neglect, the report to the applicant shall contain information about the date of the finding, specific type of abuse or neglect, a copy of the perpetrator’s voluntary statement, and whether an appeal is pending.

The applicant shall use the information received only for purposes of screening prospective employees and volunteers who may, through their employment or volunteer services, have unsupervised access to minors.

Current Through March 2015

Citation: Ann. Stat. § 14-3-209

Any person, official, institution, or agency participating in good faith in any act required or permitted by the reporting laws is immune from any civil or criminal liability that might otherwise result by reason of the action.

For the purpose of any civil or criminal proceeding, the good faith of any person, official, or institution participating in any act permitted or required by the reporting laws shall be presumed.

Current Through February 2013

Individual Responsibility to Report

Citation: Ann. Stat. § 14-3-205Any person who knows or has reasonable cause to believe that a child has been abused or neglected shall immediately report it to the child protective agency or local law enforcement agency.

Content of Reports

Citation: Ann. Stat. § 14-3-206The report shall provide to law enforcement or the local child protective agency the following, to the extent available:

• The name, age, and address of the child
• The name and address of any person responsible for the child’s care
• The nature and extent of the child’s condition
• The basis of the reporter’s knowledge
• The names and conditions of any other children relevant to the report
• Any evidence of previous injuries to the child
• Photographs, videos, and x-rays with the identification of the person who created the evidence and the date the evidence was created
• Any other relevant information

Reporting Suspicious Deaths

Citation: Ann. Stat. § 14-3-207Any person who knows or has reasonable cause to suspect that a child has died as a result of abuse or neglect shall report to the appropriate coroner. The coroner shall investigate the report and submit his or her findings in writing to the law enforcement agency, the appropriate district attorney, and the local child protective agency.

Reporting Substance-Exposed Infants

Citation:This issue is not addressed in the statutes reviewed.

Agency Receiving the Reports

Citation: Ann. Stat. § 14-3-206The State agency may establish and maintain a statewide reporting center to receive reports of child abuse or neglect on 24-hour, 7-day-a-week, toll free telephone number. Upon establishment of the service, all reports of child abuse or neglect may be made to the center, which shall transfer the reports to the appropriate local child protective agency.

Initial Screening Decisions

Citation: Ann. Stat. § 14-3-204; Wyo. Rules § 049-240-002The child protective agency shall assign a report:

• For investigation when allegations contained in the report indicate that:
  • Criminal charges could be filed, the child appears to be in imminent danger, and it is likely the child will need to be removed from the home.
  • A child fatality, major injury, or sexual abuse has occurred.
• For assessment when the report does not meet the criteria above

In regulation: Reports of suspected child abuse or neglect shall be made to any field office of the Department of Family Services or to any law enforcement center at any time. All reports are screened to determine whether the allegations meet the statutory definitions of child abuse/neglect and are within the scope of Child Protective Services. The verification process will begin within 24 hours. The department shall check records, including the central registry, to obtain pertinent information, including past department involvement.

A safety assessment will be initiated within 24 hours and completed within 7 calendar days for all accepted reports to determine if the case is appropriate for investigation or assessment. Accepted reports where criminal charges appear unlikely, children do not appear to be in imminent danger, or removal from the home appears unlikely may be assigned for assessment. The case will be referred for investigation if the safety assessment indicates a child is in imminent danger.

Agency Conducting the Assessment/Investigation

Citation: Ann. Stat. § 14-3-204; Wyo. Rules § 049-240-002The local child protective agency shall receive, assess, investigate or arrange for investigation, and coordinate investigation or assessment of all reports of known or suspected child abuse or neglect.

In regulation: It is recommended that all investigations be teamed with law enforcement. In addition, the department will immediately contact the appropriate law enforcement agency for assistance and consideration of criminal investigation or other action in cases that include, but are not limited to, the following types:

• Reports regarding a child who may have died as a result of abuse or neglect
• Reports in which imminent danger, sexual abuse, or major injury to the child is suspected
• Situations necessitating the removal of the child from the home

Assessment/Investigation Procedures

Citation: Ann. Stat. § 14-3-204; Wyo. Rules 049-240-002The representative of the child protective agency shall, at the initial time of contact with the individual subject to a child abuse and neglect investigation or assessment, advise the individual of the specific complaints or allegations made against the individual. A thorough investigation or assessment and report of child abuse or neglect shall be made in the manner and time prescribed by the State agency pursuant to rules and regulations adopted in accordance with the Wyoming Administrative Procedure Act.

In regulation: The assessment process begins when the report of abuse or neglect is accepted. A safety assessment shall be completed for each child and a safety plan initiated when appropriate. The department will complete a family assessment and case plan when services are accepted.

The investigative process begins when the report is accepted. The department and/or law enforcement shall make in-person contact with the alleged victim, alleged perpetrator, and the child’s caregivers. The alleged perpetrator shall not be present during the initial interview of the alleged victim. During the initial interview of the alleged perpetrator, the department shall inform the alleged perpetrator, in writing, that:

• A complaint has been received against him or her and the department has the duty to investigate.
• The investigation may involve law enforcement or the court, if needed, to protect the child from any further abuse or neglect.

A safety assessment shall be completed for each child and a safety plan initiated, when appropriate. A risk assessment also shall be completed for each child.

Timeframes for Completing Investigations

Citation: Ann. Stat. § 14-3-204; Wyo. Rules § 049-240-002Within 24 hours after notification of a suspected case of child abuse or neglect, the local child protective agency shall initiate an investigation or assessment and verification of every report.

In regulation: For an assessment, the department shall make in-person contact with the child and family within 7 calendar days. In-person contact may be extended if the caseworker is unable to make contact following good faith efforts.

For an investigation, in-person contact shall be immediately attempted with the alleged victim and/or family when the report alleges any of the following:

• All complaints involving major injury
• Complaints involving a child under age 6
• Complaints involving children who are suffering from acute, untreated medical conditions
• Complaints alleging children are in immediate need of food
• Complaints alleging that the parent or caregiver is psychotic, behaving in a bizarre manner, or acting under the influence of drugs or alcohol
• Complaints alleging bizarre punishment or torture
• Complaints alleging that in addition to abuse/neglect, the child is suicidal
• Complaints involving abandonment
• Complaints from doctors and hospital emergency rooms concerning children under their care
• Self-reports from parents who state they are unable to cope and feel they will hurt or kill their children
• When it is likely the family may flee the area
• Cases in which the need for protective custody is indicated

Classification of Reports

Citation: Wyo. Rules § 049-240-002Upon completion of an investigation of abuse or neglect, the department shall make a final determination in a written report as to whether a child was abused or neglected. This determination shall be based upon whether the information and evidence gathered during the investigation constitutes credible evidence of child abuse or neglect.

Allegations must be determined to be substantiated or unsubstantiated:

• When credible evidence of abuse or neglect has been determined, the allegation is substantiated.
• In the absence of credible evidence, the allegations and the investigation shall be unsubstantiated and the investigation closed. Services may be offered.

The department shall substantiate all reports in which a court has accepted a criminal plea of guilty or nolo contendere, or a civil, juvenile, or criminal court has made a finding that the alleged perpetrator committed certain acts that constitute abuse or neglect under these rules.

Current Through August 2015

Professionals Required to Report

Not addressed in statutes reviewed.

Reporting by Other Persons

Citation: Ann. Stat. § 14-3-205All persons must report.

Institutional Responsibility to Report

Citation: Ann. Stat. § 14-3-205(b)If a person reporting child abuse or neglect is a member of the staff of a medical or other public or private institution, school, facility, or agency, he or she shall notify the person in charge or his or her designated agent as soon as possible, who is thereupon also responsible to make the report or cause the report to be made. Nothing in this subsection is intended to relieve individuals of their obligation to report on their own behalf, unless a report has already been made or will be made.

Standards for Making a Report

Citation: Ann. Stat. § 14-3-205A report is required when:

• A person knows or has reasonable cause to believe or suspect that a child has been abused or neglected.
• A person observes any child being subjected to conditions or circumstances that would reasonably result in abuse or neglect.

Privileged Communications

Citation: Ann. Stat. § 14-3-210Evidence regarding a child in any judicial proceeding resulting from a report made pursuant to the reporting laws shall not be excluded on the ground it constitutes a privileged communication:

• Between husband and wife
• Claimed under any provision of law other than § 1-12-101(a)(i) [regarding attorney-client or physician-patient privilege] and § 1-12-101(a)(ii) [regarding privilege of a clergy member or priest as it relates to a confession made to him or her in his or her professional character if enjoined by the church to which he or she belongs
• Claimed pursuant to § 1-12-116 [regarding the confidential communication between a family violence and sexual assault advocate and victim]

Inclusion of Reporter’s Name in Report

Citation: Ann. Stat. § 14-3-206The report must include any available photographs, videos, and x-rays with the identification of the person who created the evidence and the date the evidence was created.

Disclosure of Reporter Identity

Not addressed in statutes reviewed.

Current Through April 2015

Citation: Ann. Stat. § 6-4-405Notwithstanding § 6-4-403(b)(iv), no person shall knowingly and willfully cause or permit any child to:

• Absorb, inhale, or otherwise ingest any amount of methamphetamine
• Remain in a room, dwelling, or vehicle where the person knows methamphetamine is being manufactured or sold
• Enter and remain in a room, dwelling, or vehicle that the person knows is being used to manufacture or store methamphetamine, or the hazardous waste created by the manufacture of methamphetamine

No person having the care or custody of a child shall knowingly and willfully permit the child to remain in a room, dwelling, or vehicle where that person knows that methamphetamine is possessed, stored, or ingested.

Any person who violates any of the provisions of the subsections above is guilty of endangering a child punishable by imprisonment for not more than 5 years, a fine of not more than $5,000, or both.

Citation: Ann. Stat. § 6-4-403(b)No person shall knowingly sell, give, or otherwise furnish a child any drug prohibited by law without a physician’s prescription.

A person violating this section is guilty of a misdemeanor punishable by imprisonment for not more than 1 year, a fine of not more than $1,000, or both. A person convicted of a second violation of this section is guilty of a felony punishable by imprisonment for not more than 5 years, a fine of not more than $5,000, or both.

Current Through August 2014

Making The Appointment

Citation: Ann. Stat. §§ 14-3-211; 14-6-216An attorney shall be appointed to represent the child. The attorney also shall serve at the child’s guardian ad litem(GAL).

Counsel shall be appointed to represent any child in a court proceeding in which the child is alleged to be abused or neglected. Any attorney representing a child under this section shall also serve as the child’s GAL unless a GAL has been appointed by the court.

The court shall appoint a GAL for a child who is a party to proceedings under this act if the child has no parent, guardian, or custodian appearing in his or her behalf or if the interests of the parents, guardian, or custodian are adverse to the best interests of the child. A party to the proceeding or employee or representative thereof shall not be appointed GAL for the child.

The Use of Court-Appointed Special Advocates (CASAs)

Citation:This issue is not addressed in the statutes reviewed.

Qualifications/Training

Citation: Wy. Rules, 014-010, Ch. 2, §§ 4 & 5To be eligible for appointment as a GAL, an attorney must have completed, within the 2 years prior to applying for certification, initial training consisting of 10 or more hours of child-related training accredited by the Wyoming State Bar, or the attorney otherwise provides acceptable evidence that he or she has recent training, experience, or both, that is reasonably equivalent.

In order to remain eligible for appointments, the attorney GAL shall obtain 5 hours of continuing legal education per legal education reporting year. These 5 live hours shall be child-related training and relevant to an appointment in juvenile court proceedings. The director has the additional authority and discretion to require all GALs to obtain training in addition to the minimum 5 hours of continuing legal education when necessary. This paragraph does not apply to the law students supervised and practicing under faculty attorney supervisors at the University of Wyoming College of Law Clinics. It does apply to the faculty attorney supervisors.

All GALs, before assignment to any case, shall have training on their role as a GAL and specific training on child and adolescent development. The GAL must have sufficient knowledge in a wide range of subject areas, including, but not limited to:

• All relevant Federal and State laws, regulations, and policies
• Infant, young child, and adolescent development needs and abilities, including the impact of trauma, mental health disorders, and disability
• Developmentally appropriate interviewing and counseling skills
• The role of the GAL and his or her ethical responsibilities to the client
• Racial disproportionality within the child welfare system
• Other biases that operate within the child welfare system that could interfere with the ability of the GAL to successfully advocate for the child’s preferences and best interests
• Cultural competency
• The types of experts who can consult with attorneys on various case issues
• Family dynamics and dysfunction such as domestic violence and substance abuse
• The use of relative and kinship care
• Child welfare services available in the community
• The role and authority of the Department of Family Services and both public and private organizations within the child welfare system

Any attorney who has, while in law school, successfully completed the Children and the Law course at the University of Wyoming College of Law, or an equivalent course there or at another ABA accredited law school, will be deemed to have fulfilled the 10-hour initial training requirement.

Before an applicant is approved as a certified GAL, the applicant shall:

• Be an attorney in good standing with the Wyoming State Bar
• Have continuing legal education credits verified by the administrator and the Wyoming State Bar

Specific Duties

Citation: Ann. Stat. § 14-3-211; Wy. Rules, 014-010, Ch. 2, §§ 2 & 3The attorney or GAL shall be charged with representation of the child’s best interests.

In regulation: Rather than taking direction from the client, the GAL is charged with forming the client’s position by using his/her own judgment as to the child’s best interests. The GAL is required to consider the child’s wishes and preferences, but he or she is not bound by them. If the GAL determines that the child’s expressed preference is not in the best interests of the child, both the child’s wishes and the basis of the GAL’s disagreement must be presented to the court. The GAL should elicit the child’s preferences in a developmentally appropriate manner, advise the child, and provide guidance, including explaining to the child what recommendations the GAL is going to make and why he or she is making them.

The GAL shall specifically:

• Establish and maintain competence in the applicable legal and ethical standards, including relevant court rules, Federal and State law, case law, agency rules and regulations, and local practice
• Be familiar with recognized standards and best practice procedures in child welfare and protection
• Be familiar with the dynamics of domestic violence, the rate of co-occurrence between child abuse and domestic violence, the barriers to leaving a violent relationship, and how domestic violence may affect children and their parents or caregivers
• Conduct a full and independent case investigation in a timely manner that shall include at a minimum:
  • Obtaining information about the child and the child’s circumstances
  • Obtaining copies of all pleadings and relevant notices
  • Meeting with and observing the child’s interaction with caregivers
• Insofar as is practical, counsel the child about the nature of the litigation, the attorney’s role, the child’s rights, the possible outcomes of each proceeding, and the consequences of the child’s participation or lack of participation
• Prior to making a recommendation for out-of-home placement, research and consider alternative community programs, treatments, and family preservation services available to the family
• Independently identify and advocate for appropriate family and professional resources for the child
• Participate in all proceedings, including any hearings
• Independently verify and advocate for timely and permanent resolution of the case
• Make independent recommendations, taking into consideration cost impacts and savings of potential service options, with an emphasis on community services most likely to preserve families and avoid out-of-home placement, when appropriate
• Monitor and advocate for timely implementation of the case and/or permanency plan, the court’s orders, and communicate with the responsible agencies

A GAL shall attend, in person, all pertinent multidisciplinary team meetings/hearings in the child’s best interests.

How the Representative Is Compensated

Citation: Ann. Stat. § 14-3-434The following costs and expenses, when approved and certified by the court to the county treasurer, shall be a charge upon the funds of the county where the proceedings are held and shall be paid by the Board of County Commissioners of that county:

• Reasonable compensation for services and costs of counsel appointed by the court
• Reasonable compensation for services and costs of a GAL appointed by the court, unless the county participates in the GAL program pursuant to §§ 14-12-101 through 14-12-104 and the program was appointed to provide the GAL

In every case in which a GAL has been appointed to represent the child, or in which counsel has been appointed under this act to represent the child’s parents, guardian, or custodian, the court shall determine whether the child’s parents, guardian, custodian, or other person responsible for the child’s support is able to pay part or all of the costs of representation and shall enter specific findings on the record. If the court determines that any of the parties is able to pay any amount as reimbursement for costs of representation, the court shall order reimbursement or shall state on the record the reasons why reimbursement was not ordered. The court may also in any case order that all or any part of the costs and expenses be reimbursed to the county by the child’s parents or any person legally obligated for his or her support, or any of them jointly and severally, upon terms the court may direct.

Current Through April 2014

When Case Plans Are Required

Citation: Ann. Stat. § 14-3-427; Code of Rules 049-240-002, § 7The Department of Family Services shall develop a case plan for a child when there is a recommendation to place the child outside of the home.

No later than 5 business days prior to the dispositional hearing, the multidisciplinary team shall file with the court the multidisciplinary team report that shall include the team’s recommendations and the department case plan.

In regulation: A written case plan shall be completed within 60 days of out-of-home placement or 30 days of the conclusion of the investigation or assessment, whichever occurs first, on all cases that remain open for services. A concurrent plan also may be developed.

Who May Participate in the Case Planning Process

Citation: Ann. Stat. § 14-3-427After a petition is filed alleging a child is neglected, the court shall order the department to make a predisposition study and report. While preparing the study, the department shall consult with the child’s school and school district to determine the child’s educational needs.

Within 10 days after a petition is filed alleging a child is neglected, the court shall appoint a multidisciplinary team. The multidisciplinary team shall include the following:

• A representative of the school district who has direct knowledge of the child and, if the child receives special education, is a member of the child’s individualized education plan team
• The child’s psychiatrist, psychologist, or mental health professional
• The district attorney or his or her designee
• The child’s attorney or guardian ad litem, if one is appointed by the court
• The volunteer lay advocate, if one is appointed by the court
• The foster parent

In addition to the persons above, the court may appoint one or more of the following persons to the multidisciplinary team:

• The child
• A relative
• If the predispositional study indicates a parent or child has special needs, an appropriate representative of the Department of Health’s Substance Abuse, Mental Health, or Developmental Disabilities Division who has knowledge of the services available in the State’s system of care that are pertinent to those identified needs
• Other professionals or persons who have particular knowledge relating to the child or his or her family, or expertise in children’s services and the child or parent’s specific disability or special needs, including linguistic and cultural needs

Contents of a Case Plan

Ann. Stat. § 14-3-427; Code of Rules 049-240-002, § 7The study and report of the Department of Family Services shall cover:

• The performance of the child in school, including whether the child received special education service and how his or her goals and objectives might be affected by the court’s disposition
• The presence of child abuse and neglect or domestic violence histories, past acts of violence, learning disabilities, cognitive disabilities, or physical impairments, and the necessary services to accommodate the disabilities and impairments
• The presence of any mental health or substance abuse risk factors, including current participation in counseling, therapy, or treatment
• Other matters relevant to treatment of the child, including any pertinent family information, or proper disposition of the case, including any information required by § 21-13-315(d)

The multidisciplinary team shall review the child’s personal and family history, school records, mental health records, the records maintained by the department, and any other pertinent information, for the purpose of making case planning recommendations. To the extent appropriate, the team shall involve the child in the development of the recommendations.

In regulation: The case plan shall be based on:

• The safety assessment and plan
• Risk assessment
• The service needs of the child and family

The department shall provide services consistent with the case plan.

Current Through November 2012

Citation: Wyo. Stat. Ann. § 14-3-440(c) (LexisNexis through 2012 Sess.)Reasonable efforts to place a child for adoption or with a legal guardian may be made concurrently with the reasonable efforts to reunify the family.

Current Through January 2016

Schedule of Hearings

Citation: Ann. Stat. § 14-3-431The court shall conduct a review hearing 6 months from the date of the child’s removal from the home and every 6 months thereafter.

A permanency hearing shall be held:

• No later than 12 months after the child’s removal from home, and every 12 months thereafter
• Within 30 days after a finding that reasonable efforts are not required

Persons Entitled to Attend Hearings

Citation: Ann. Stat. §§ 14-3-402; 14-3-424Notice of a hearing shall be provided to:

• All parties to the proceeding, including:
  • The child
  • The child’s parents
  • The child’s guardian or custodian
  • The State of Wyoming
  • Any other person made a party by the juvenile court
• Counsel for the parties

Determinations Made at Hearings

Citation: Ann. Stat. § 14-3-431At the 6-month review hearing the court shall review the case plan to determine:

• The health and safety of the child
• The continuing necessity for the placement
• The appropriateness of the current placement
• The reasonableness of efforts made to reunify the family and the consistency of those efforts with the case plan
• The appropriateness of the case plan and the extent of compliance with the case plan
• Whether progress has been made toward alleviating or mitigating the causes necessitating placement outside the home and the extent of that progress
• The date the child is expected to be returned to the home or placed for adoption or legal guardianship

At the permanency hearing, the court shall review:

• Efforts made by the department to effect the permanency plan for the child
• The options for the child’s permanent placement
• The reasons for excluding other permanency options
• Whether the permanency plan is in the best interests of the child
• Whether the department has made reasonable efforts to finalize the plan

Permanency Options

Citation: Ann. Stat. § 14-3-431Permanency options include:

• Reunification with the parent
• Adoption
• Legal guardianship

The Department of Family Services shall provide the court with a compelling reason for establishing a permanency plan other than reunification, adoption, or legal guardianship.

Current Through March 2016

Citation: Ann. Stat. § 14-3-201The purpose of §§ 14-3-201 through 14-3-216 is to delineate the responsibilities of the State agency, other governmental agencies or officials, professionals, and citizens to intervene on behalf of a child suspected of being abused or neglected, to protect the best interests of the child, to further offer protective services when necessary in order to prevent any harm to the child or any other children living in the home, to protect children from abuse or neglect that jeopardize their health or welfare, to stabilize the home environment, to preserve family life whenever possible, and to provide permanency for the child in appropriate circumstances. The child’s health, safety, and welfare shall be of paramount concern in implementing and enforcing this article.

Current Through January 2013

Circumstances That Are Grounds for Termination of Parental Rights

Citation: Ann. Stat. § 14-2-309The parent-child legal relationship may be terminated if any one or more of the following facts is established by clear and convincing evidence:

• The child has been left in the care of another person without provision for the child’s support and without communication from the absent parent for a period of at least 1 year.
• The child has been abandoned with no means of identification for at least 3 months, and efforts to locate the parent have been unsuccessful.
• The child has been abused or neglected by the parent, and reasonable efforts have been unsuccessful in rehabilitating the family or the family has refused rehabilitative treatment, and the child’s health and safety would be seriously jeopardized by remaining with or returning to the parent.
• The parent is incarcerated due to the conviction of a felony, and the parent is found unfit to have the custody and control of the child.
• The child has been in foster care for 15 of the most recent 22 months, and the parent is unfit to have custody and control of the child.
• The child was abandoned at less than age 1 and has been abandoned for at least 6 months.
• The child was relinquished to a safe haven provider, and neither parent has affirmatively sought the return of the child within 3 months from the date of relinquishment.
• The parent was convicted of murder or homicide of the other parent of the child.
• The parent has been convicted of any of the following crimes:
  • Murder or voluntary manslaughter of another child of the parent or aiding and abetting, attempting, conspiring to commit, or soliciting such a crime
  • A felony assault that results in serious bodily injury to a child of the parent
• The parental rights of the parent to any other child have been terminated involuntarily.
• The parent abandoned, chronically abused, tortured, or sexually abused the child.
• Other aggravating circumstances exist indicating that there is little likelihood that services to the family will result in successful reunification.

Circumstances That Are Exceptions to Termination of Parental Rights

Citation: Ann. Stat. § 14-3-431When a child has been placed in foster care under the responsibility of the State for 15 of the most recent 22 months, the State shall file a petition to terminate parental rights unless:

• The child is in the care of a relative.
• The State agency has documented in the case plan a compelling reason for determining that filing the petition is not in the best interests of the child.
• The State agency has not provided services to the child’s family deemed necessary for the safe return of the child to the home, if reasonable efforts are required to be made.

Circumstances Allowing Reinstatement of Parental Rights

This issue is not addressed in the statutes reviewed.

Current Through December 2014

Definitions

Citation: Ann. Stat. § 14-3-402‘Legal custody’ means a legal status created by court order that vests in a custodian the right to have physical custody of a minor; the right and duty to protect, train, and discipline a minor; the duty to provide the minor with food, shelter, clothing, transportation, ordinary medical care, and education; and in an emergency, the right and duty to authorize surgery or other extraordinary medical care. The rights and duties of legal custody are subject to the rights and duties of the guardian of the person of the minor and to residual parental rights and duties.

The term ‘residual parental rights and duties’ means those rights and duties remaining with the parents after legal custody, guardianship of the person, or both, have been vested in another person, agency, or institution. Residual parental rights and duties include, but are not limited to:

• The duty to support and provide necessities of life
• The right to consent to adoption
• The right to reasonable visitation unless restricted or prohibited by court order
• The right to determine the minor’s religious affiliation
• The right to petition on behalf of the minor

Purpose of Guardianship

The issue of permanent legal guardianship as a permanency option is not addressed in the statutes and regulations reviewed.

A Guardian’s Rights and Responsibilities

This issue is not addressed in the statutes and regulations reviewed.

Qualifying the Guardian

This issue is not addressed in the statutes and regulations reviewed.

Procedures for Establishing Guardianship

Citation: Ann. Stat. § 20-5-202A ‘child custody proceeding’ means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue, including a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, or protection from domestic violence in which the issue may appear.

Contents of a Guardianship Order

Citation: Ann. Stat. § 20-5-202A ‘child custody determination’ is a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child, including a permanent, temporary, initial, or modification order.

Modification/Revocation of Guardianship

This issue is not addressed in the statutes and regulations reviewed.

Eligibility for Guardianship Subsidy

This issue is not addressed in the statutes and regulations reviewed.

Links to Agency Policies

Kinship guardianship is not addressed in agency policy.

Current Through July 2013

Relative Placement for Foster Care and Guardianship

Citation: Code of Rules § 049-241-002Youth who need placement shall:

• Be placed in the least restrictive setting that most clearly approximates a family environment and in which the youth’s needs will be met
• Be placed within reasonable proximity to their home, taking into account any special needs of the youth and family and availability of the service resources needed for the youth and family
• Be placed in the home of a relative when the youth can benefit from the relationship among the parents, the relative, and the youth

Requirements for Placement with Relatives

Citation: Code of Rules § 049-241-002Relative home care shall be explored for all youth for whom the Department of Family Services is legally responsible who need a family-structured living arrangement. Placement shall be made only with relative caregivers approved by the department.

Requirements for Placement of Siblings

This issue is not addressed in the statutes and regulations reviewed.

Relatives Who May Adopt

This issue is not addressed in the statutes and regulations reviewed.

Requirements for Adoption by Relatives

This issue is not addressed in the statutes and regulations reviewed.

Current Through March 2016

What Are Reasonable Efforts

Citation: Ann. Stat. § 14-3-440Reasonable efforts require services to the family that are accessible, available, and appropriate.

When Reasonable Efforts Are Required

Citation: Ann. Stat. § 14-3-440Reasonable efforts must be made:

• Prior to placement of the child outside the home to prevent or eliminate the need for removing the child from the child’s home
• To make it possible for the child to return home safely
• If continuation of reasonable efforts is determined to be inconsistent with the permanency plan for the child, to complete the steps necessary to finalize the permanent placement of the child

When Reasonable Efforts Are NOT Required

Citation: Ann. Stat. § 14-2-309(b)-(c)Reasonable efforts to reunify the family are not required when the parent has been convicted of any of the following crimes:

• Murder or voluntary manslaughter of another child of the parent or aiding and abetting, attempting, conspiring to commit, or soliciting such a crime
• Commission of a felony assault that results in serious bodily injury to a child of the parent

Notwithstanding any other provision of this section, evidence that reasonable efforts have been made to preserve and reunify the family is not required in any case in which the court determines, by clear and convincing evidence, any one or more of the following:

• The parental rights of the parent to any other child have been terminated involuntarily.
• The parent abandoned, chronically abused, tortured, or sexually abused the child.
• The parent has been convicted of committing one or more of the following crimes against the child or another child of that parent:
  • Sexual assault under §§ 6-2-302 through 6-2-304
  • Sexual battery under § 6-2-313
  • Sexual abuse of a minor under §§ 6-2-314 through 6-2-317
• The parent is required to register as a sex offender pursuant to § 7-19-302, if the offense involved the child or another child of that parent. This shall not apply if the parent is only required to register for conviction under § 6-2-201.
• Other aggravating circumstances exist indicating that there is little likelihood that services to the family will result in successful reunification.

Current Through February 2015

Who Can Nominate a Standby Guardian

Citation:This issue is not addressed in the statutes reviewed.

How to Establish a Standby Guardian

Citation:This issue is not addressed in the statutes reviewed.

How Standby Authority is Activated

Citation:This issue is not addressed in the statutes reviewed.

Involvement of the Noncustodial Parent

Citation:
This issue is not addressed in the statutes reviewed.

Authority Relationship of the Parent and the Standby

Citation:This issue is not addressed in the statutes reviewed.

Withdrawing Guardianship

Citation:This issue is not addressed in the statutes reviewed.