ARTICLE 3 - TERMINATION OF PARENTAL RIGHTS
14-2-301.� Repealed by Laws 1981, ch. 102, � 2.
14-2-302.� Repealed by Laws 1981, ch. 102, � 2.
14-2-303.� Repealed by Laws 1981, ch. 102, � 2.
14-2-304.� Repealed by Laws 1981, ch. 102, � 2.
14-2-305.� Repealed by Laws 1981, ch. 102, � 2.
14-2-306.� Repealed by Laws 1981, ch. 102, � 2.
14-2-307.� Repealed by Laws 1981, ch. 102, � 2.
14-2-308.� Definitions.
(a)� As used in this act:
(i)� "Abuse" means as defined by W.S. 14-3-202(a)(ii);
(ii)� "Authorized agency" means:
(A)� A public social service agency authorized to care for and place children; or
(B)� A private child welfare agency certified by the state for such purposes pursuant to W.S. 14-6-201 through 14-6-243, 14-4-101 through 14-4-116, 1-22-101 through 1-22-114;
(iii)� "Child" or "minor" means an individual who is under the age of majority;
(iv)� "Court" means the district court in the district where the child resides or is found or the district court which has previously retained jurisdiction of the child because of a previous order entered by that court;
(v)� "Mental health professional" means a person with an advanced degree in one of the behavioral sciences including a psychologist, social worker or clinical counselor;
(vi)� "Neglect" means as defined by W.S. 14-3-202(a)(vii);
(vii)� "Parent" means a natural parent or a parent by adoption;
(viii)� "Indigent party" means a person whose financial resources and income are insufficient to enable him to pay the reasonable fees and expenses of an attorney licensed to practice in this state;
(ix)� "This act" means W.S. 14-2-308 through 14-2-319.
14-2-309.� Grounds for termination of parent-child relationship; clear and convincing evidence.
(a)� The parent-child legal relationship may be terminated if any one (1) or more of the following facts is established by clear and convincing evidence:
(i)� 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 one (1) year. In making the above determination, the court may disregard occasional contributions, or incidental contacts and communications.� For purposes of this paragraph, a court order of custody shall not preclude a finding that a child has been left in the care of another person;
(ii)� The child has been abandoned with no means of identification for at least three (3) months and efforts to locate the parent have been unsuccessful;
(iii)� The child has been abused or neglected by the parent and reasonable efforts by an authorized agency or mental health professional have been unsuccessful in rehabilitating the family or the family has refused rehabilitative treatment, and it is shown that the child's health and safety would be seriously jeopardized by remaining with or returning to the parent;
(iv)� The parent is incarcerated due to the conviction of a felony and a showing that the parent is unfit to have the custody and control of the child;
(v)� The child has been in foster care under the responsibility of the state of Wyoming for fifteen (15) of the most recent twenty-two (22) months, and a showing that the parent is unfit to have custody and control of the child;
(vi)� The child is abandoned at less than one (1) year of age and has been abandoned for at least six (6) months;
(vii)� The child was relinquished to a safe haven provider in accordance with W.S. 14-11-101 through 14-11-109, and neither parent has affirmatively sought the return of the child within three (3) months from the date of relinquishment;
(viii)� The parent is convicted of murder or homicide of the other parent of the child under W.S. 6-2-101 through 6-2-104.
(b)� Proof by clear and convincing evidence that the parent has been convicted of any of the following crimes may constitute grounds that the parent is unfit to have custody or control of any child and may be grounds for terminating the parent-child relationship as to any child with no requirement that reasonable efforts be made to reunify the family:
(i)� Murder or voluntary manslaughter of another child of the parent or aiding and abetting, attempting, conspiring to commit or soliciting such a crime; or
(ii)� Commission of a felony assault which results in serious bodily injury to a child of the parent.� As used in this paragraph "serious bodily injury" means as defined by W.S. 6-1-104.
(c)� 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 that:
(i)� The parental rights of the parent to any other child have been terminated involuntarily;
(ii)� The parent abandoned, chronically abused, tortured or sexually abused the child; or
(iii)� Other aggravating circumstances exist indicating that there is little likelihood that services to the family will result in successful reunification.
14-2-310.� Parties authorized to file petition.
(a)� The petition for the termination of the parent-child relationship shall be filed with the court by:
(i)� Either parent, when termination of the parent-child legal relationship is sought with respect to the other parent; or
(ii)� The guardian or the legal custodian of the child; or
(iii)� An authorized agency.
14-2-311.� Contents of petition.
(a)� The petition for the termination of the parent-child legal relationship shall state:
(i)� The legal name, sex, date and place of birth of the child, if known, and the jurisdictional facts;
(ii)� The name and residence of the petitioner and his relationship to the child;
(iii)� The name, address and place and date of birth of the parent, if known, and of the name of the person having the legal custody or guardianship of the child;
(iv)� The grounds for termination of the parent-child legal relationship pursuant to W.S. 14-2-309;
(v)� Name and address of the person or authorized agency requesting appointment as the guardian of the child.
14-2-312.� Hearing; appointment of guardian ad litem.
After the petition has been filed, the court shall appoint a guardian ad litem to represent the child unless the court finds the interests of the child will be represented adequately by the petitioner or another party to the action and are not adverse to that party.� If the court appoints a guardian ad litem it shall approve a fee for services. When a petition is filed and presented to the judge, the judge shall set the petition for hearing. The Wyoming Rules of Civil Procedure, including the right of a parent, child or interested person to demand a jury trial, are applicable in actions brought under this act.
14-2-313.� Service of petition.
(a)� The petition shall be served on the following persons:
(i)� The parent of the child;
(ii)� The guardian ad litem;
(iii)� The guardian or next friend of the parent if the parent is a minor;
(iv)� The department of family services if the child is or has been supported by public assistance funds.
(b)� Service of the petition on the person required to be served by subsection (a) of this section shall be made as provided by the Wyoming Rules of Civil Procedure. If the person is a nonresident or his residence is unknown, service may be had by constructive service or by publication as provided in the Wyoming Rules of Civil Procedure.
14-2-314.� Social study required; information to be shown; not excluded as hearsay.
Upon the filing of a petition by anyone other than an authorized agency as defined by W.S. 14-2-308(a)(ii)(A), the court shall direct that a social study be made by the appropriate county office of public assistance and social services or by any authorized agency to aid the court in making a final disposition of the petition. The social study shall state the factual information pertaining to the allegations in the petition, the social history and the present situation and environment of the child and parent. The social study shall not be excluded as evidence by reason of hearsay alone. The social study shall be made available to any party to the action upon request.
14-2-315.� Order terminating the parent-child legal relationship; contents.
The order terminating the parent-child legal relationship shall be in writing and shall contain the findings of the court. If the court terminates the parent-child legal relationship of either one (1) or both parents, it shall fix the responsibility for the child's support and appoint a guardian of the child's person or estate or both.
14-2-316.� Dismissal of petition; continuation of hearing.
If the court does not terminate the parent-child legal relationship, it shall dismiss the petition or direct an authorized agency to continue to make efforts to rehabilitate the parent and continue the hearing for no longer than six (6) months. The authorized agency shall provide the court with any additional reports regarding its rehabilitative efforts and results. Pending final hearing, the court may continue the present placement of the child or place the child in the temporary custody of an authorized agency and fix responsibility for temporary child support.
14-2-317.� Effect of order of termination.
(a)� An order terminating the parent-child legal relationship divests the parent of all legal rights and privileges and relieves the child of all duties to that parent except:
(i)� The order does not divest that parent of duties and support obligations unless otherwise specifically ordered by the court or the child is adopted; and
(ii)� The right of the child to inherit from the parent shall not be affected by the order.
(b)� The parent whose parent-child legal relationship has been terminated is not thereafter entitled to the notice of proceedings for the adoption of the child, nor has he any right to object to the adoption or otherwise participate in the adoption proceedings.
14-2-318.� Costs of proceedings; appointment of counsel.
(a)� The court may appoint counsel for any party who is indigent. Indigency shall be established by written affidavit signed and sworn to by the party or sworn testimony made a part of the record of the proceedings. The affidavit or sworn testimony shall state that the party is without sufficient money, property, assets or credit to employ counsel in his own behalf. The court may require further verification of financial condition as it deems necessary.
(b)� Where petitioner is an authorized agency as defined by W.S. 14-2-308(a)(ii)(B), it shall pay for the costs of the action. Costs shall include:
(i)� Fee for the guardian ad litem;
(ii)� Attorney's fee for an indigent party;
(iii)� Other professional fees incurred by an indigent party in defense of an action brought under this act.
(c)� Prior to incurring any cost under subsection (b) of this section application shall be made to the court and written approval by the court shall be obtained.
(d)� Where petitioner is an authorized agency as defined by W.S. 14-2-308(a)(ii)(A):
(i)� The district attorney for the county in which the petition is filed shall represent the authorized agency in all proceedings under this act;
(ii)� The authorized agency shall pay the reasonable attorney's fees and expenses for an indigent party incurred in the defense of an action brought under this act and approved by the court; and
(iii)� The authorized agency shall pay the guardian ad litem reasonable fees and expenses approved by the court.
14-2-319.� Determination of indigency; recovery of payment.
(a)� In determining whether a person is an indigent party for purposes of W.S. 14-2-318, the court shall consider in addition to any other relevant factors the person's income, property owned, outstanding obligations and the number and ages of his dependents.� In each case the person, subject to the penalties for perjury, shall certify in writing, or by other record, material facts relating to his ability to pay as the court prescribes.
(b)� To the extent that an indigent party is able to provide for an attorney or for other expenses incurred in defense of an action brought under this act, the court may order that he make payment within a specified period of time or in specified installments.
(c)� Within eight (8) years after the date the services were rendered, the attorney general may sue on behalf of the state to recover payment or reimbursement from each person who has received legal assistance or another benefit under this act:
(i)� To which he was not entitled;
(ii)� With respect to which he was not an indigent person when he received it; or
(iii)� With respect to which he has failed to make the certification required by subsection (a) of this section.
(d)� Within three (3) years after the date the services were rendered, the attorney general may sue on behalf of the state to recover payment or reimbursement from each person other than a person covered by subsection (c) of this section who:
(i)� Has received legal assistance or other benefit under this act; and
(ii)� On the date on which suit is brought is financially able to pay or reimburse the state for all or part of the legal assistance or other benefit according to the standards of ability to pay applicable under this act but refuses to do so.
(e)� Amounts recovered under this section shall be remitted to the general fund.