ORIGINAL SENATE ENGROSSED

FILE NO. 0042

ENROLLED ACT NO. 15, SENATE

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

AN ACT relating to the Child Protection Act; specifying
requirements relating to reasonable efforts to reunify
families; providing for the filing of a petition for
termination of parental rights in certain cases; providing
for periodic review of disposition orders; specifying
procedures for service of process in proceedings under the
act; and providing for an effective date.

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

Section 1.  W.S. 14-3-440 is created to read:

14-3-440. Reasonable efforts for family
reunification; exceptions.

(a) Except as provided in W.S. 14-2-309(b) or (c),
reasonable efforts shall be made to preserve and reunify
the family:

(i) Prior to placement of the child outside the
home, to prevent or eliminate the need for removing the
child from the child's home; and

(ii) To make it possible for the child to safely
return to the child's home.

(b) In determining what reasonable efforts shall be
made with respect to a child and in making those reasonable
efforts, the child's health and safety shall be the
paramount concern.

(c) Reasonable efforts to place a child for adoption
or with a legal guardian may be made concurrently with the
reasonable efforts described in subsection (a) of this
section.

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(d) If continuation of reasonable efforts described
in subsection (a) of this section is determined to be
inconsistent with the permanency plan for the child,
reasonable efforts shall be made for placement of the child
in a timely manner in accordance with the permanency plan,
and to complete the steps necessary to finalize the
permanent placement of the child.

(e) Reasonable efforts determinations shall include
whether or not services to the family have been accessible,
available and appropriate.

(f) The court shall make the reasonable efforts
determinations required under this section at every court
hearing. The reasonable efforts determinations shall be
documented in the court's orders.

(g) If the court determines as provided in W.S.
14-2-309(a)(vi), (b) or (c) that reasonable efforts to
preserve and reunify the family are not required:

(i) A permanency hearing as described in W.S.
14-3-431(c) shall be held for the child within thirty (30)
days after the determination; and

(ii) Reasonable efforts shall be made to place
the child in a timely manner in accordance with the
permanency plan, and to complete whatever steps are
necessary to finalize the permanent placement of the child.

(h) A petition to terminate parental rights shall be
filed within sixty (60) days of a judicial determination
that reasonable efforts to reunify the child and parent are
not required pursuant to W.S. 14-2-309(a)(vi), (b) or (c).

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Section 2.  W.S. 14-3-402(a)(xviii), 14-3-414(c) and
14-3-431(c) and by creating new subsections (d) through (f)
are amended to read:

14-3-402. Definitions.

(a) As used in this act:

(xviii) "This act" means W.S. 14-3-401 through
14-3-439 14-3-440.

14-3-414. Service of process; order of custody.

(c) If it appears to the court by affidavit that the
parents, guardian or custodian of the child cannot be found
within the state, the court may order personal service
outside the state or service by certified mail with return
receipt requested signed by addressee only. If The state
agency having custody of the child shall also file an
affidavit with the court explaining the efforts made to
locate the missing parent when the address of the child's
parents, guardian or custodian is unknown and cannot with
reasonable diligence be ascertained, and the court shall
appoint a guardian ad litem to represent the child and to
receive service of process.

14-3-431. Duration of orders of disposition;
termination of orders; petition for termination of parental
rights.

(c) Not less than once every twelve (12) months, The
court of jurisdiction shall conduct a formal shall conduct
a review to assess and determine the appropriateness of the
current placement, the reasonable efforts made to reunify
the family, the safety of the child and the permanency plan
for the child hearing six (6) months from the date of the

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child's removal from the home, twelve (12) months from the
date of the child's removal from the home, and not less
than once every twelve (12) months thereafter. At each of
these review hearings the court shall review the case plan
to determine:

(i) The health and safety of the child;

(ii) The continuing necessity for the placement;

(iii) The appropriateness of the current
placement;

(iv) The reasonableness of efforts made to
reunify the family and the consistency of those efforts
with the case plan;

(v) The appropriateness of the case plan and the
extent of compliance with the case plan including the
permanent placement of the child;

(vi) If progress has been made toward
alleviating or mitigating the causes necessitating
placement outside the home and the extent of that progress;
and

(vii) The date the child is expected to be
returned to the home or placed for adoption or legal
guardianship.

(d) When a child has been placed in foster care under
the responsibility of the state for fifteen (15) of the
most recent twenty-two (22) months the state shall file a
petition to terminate parental rights or seek to be joined
as a party to the petition if a petition has been filed by
another party, unless:

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(i) The child is in the care of a relative;

(ii) The state agency has documented in the case
plan a compelling reason for determining that filing the
petition is not in the best interest of the child; or

(iii) The state agency has not provided services
to the child's family deemed to be necessary for the safe
return of the child to the home, if reasonable efforts
described in W.S. 14-3-440 are required to be made.

(e) Concurrently with the filing of a petition under
subsection (d) of this section, the state agency shall
identify, recruit, process and approve a qualified family
for adoption of the child.

(f) A termination of parental rights hearing shall be
held within ninety (90) days of the filing of the
termination petition unless continued by the court for good
cause shown.

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Section 3. This act is effective July 1, 2001.

(END)

Speaker of the House President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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