Child abuse and neglect amendments.
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Official record
Bill No.: <billno> Drafter: <drafterinit> Bill No.: SF0103 Drafter: JHR LSO No.: 09LSO-0357 Effective Date: 7/1/2009 Enrolled Act No.: SEA0085 Chapter No.: 196 Prime Sponsor: Senator Ross Catch Title: Child abuse and neglect amendments. Subject: Authorizes the transfer of jurisdiction from district court to juvenile court in specified actions. Summary/Major Elements: Under current law, there are limited circumstances wherein jurisdiction is transferred between district and juvenile courts. This bill: o Authorizes a transfer of specified actions from district court relating to custody, adoption or appointment of a guardian to juvenile court when both courts have jurisdictions over the same parties for different matters; o Authorizes a party to a proceeding to file a petition for adoption or appointment of a guardian in an underlying juvenile court action, rather than file a petition with a district court o Amends the definition of "neglect" for purposes of child protection statutes to include a failure to comply with or refusal to participate in a case plan developed by the Department of Family Services (DFS); o Provides for service of process in a child protective proceeding to a noncustodial parent or putative father who has not had custody of a child removed by a court and who is not alleged to have abused or neglected the child; o Requires the noncustodial parent or putative father who has been served to respond and appear before the court, to cooperate with DFS, provide information required by the court and pay all child support that may be ordered by the court; o A parent or putative father who fails to respond to the court as required may not thereafter assert parental rights as specified; o Authorizes constructive service or service by publication if a person is a nonresident in a child abuse or neglect case; o Provides that if a parent chooses not to comply with or participate in a case plan, the parent is prohibited from later objecting about services that were provided to the child and family; o Provides that, if a court determines that reasonable efforts to preserve and reunify the family are not required, a permanency hearing may be held within 30 days.
Public statements
Last checked Aug 8, 6:58 AM
Why they voted this way
The lawmaker supports adopting the report because a previous concern regarding an amendment deleting specific language about 'Other Animal' was resolved, making the deletion of that subsection acceptable since it is not removed from the statute.
Why they voted this way
The speaker supports the bill because problematic language regarding neglect definitions was removed by the conference committee, and they view the remaining compromise as beneficial for juvenile justice issues.
Why they voted this way
The lawmaker supports the bill because case law presented by the Senate Judiciary Chairman demonstrated that his concerns about non-compliance with a case plan were already addressed in existing Supreme Court rulings.
Why they voted this way
The lawmaker opposes the bill because it defines failure to comply with a department-created case plan as automatic neglect without requiring the plan to be reasonable, attainable, or collaborative.
Why they voted this way
The lawmaker opposes the bill because he believes labeling parents as neglectful for failing minor points on a caseworker-devised plan has a vilifying effect and lacks court approval.
Why they voted this way
The lawmaker opposes the bill because he considers it an extreme position to declare a parent guilty of neglect for failing to comply with every detail of a case plan.
Why they voted this way
The lawmaker opposes the bill due to concern over the automatic nature of neglect findings when a parent violates a case plan.
S04
Why they voted this way
The lawmaker argues that the bill should be rejected because amendments made by the other chamber weakened its original intent, necessitating a conference committee to salvage it.
If a lawmaker is not listed, we couldn't find a published reason.
Wyoming roll calls
9 roll calls
Official activity
Changes
7 stored
Withdrawn 2nd reading by ZWONITZ,DN
Adopted 3rd reading by STEWARD
Adopted Committee of the Whole by GINGERY
Filed Committee of the Whole by MERCER
Adopted, Corrected Committee of the Whole by MERCER
Failed, Corrected Committee of the Whole by MERCER
Adopted 2nd reading by ROSS