Child protection.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0237

ENROLLED ACT NO. 121, HOUSE OF REPRESENTATIVES

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2005 GENERAL SESSION

AN ACT relating to children; modifying the review hearing dates; modifying requirements for permanency hearings; and providing for an effective date.

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

Section 1.

W.S. 14
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431(c)(intro), by creating new subsections (d) through (k), by renumbering (d) as (m), by amending and renumbering (e) as (n), by creating a new subsection (o) and by renumbering (f) and (g) as (p) and (q) and 14
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440(g) are amended to read:

14
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431.

Duration of orders of disposition; termination of orders; permanency hearings; petition for termination of parental rights.

(c)

The court shall conduct a review hearing six (6) months from the date of the 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)

and every six (6)
months thereafter. At
each of these
the six (6) month
review
hearings
hearing
the court shall review the case plan to determine:

(d)

The court shall conduct a permanency hearing no later than twelve (12) months from the date of the child's removal from the home and not less than once every twelve (12) months thereafter if the child remains in out-of-home placement or more frequently as deemed necessary by the court.

(e)

If the court determines as provided in W.S. 14
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309(a)(vi), (b) or (c) that reasonable efforts to preserve and reunify the family are not required, a permanency hearing shall be held for the child within thirty (30) days after the determination.

(f)

At the permanency hearing, the court shall make determinations of reasonable efforts as outlined in W.S. 14
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440.

(g)

A permanency hearing is not required if the case was dismissed, the child was not removed from the home or the child was returned to the child's parent or guardian.

(h)

The permanency hearing may be combined with a hearing required by other sections of this chapter if the hearing is held within twelve (12) months from the date of the child's removal from the home. If a permanency hearing is combined with another hearing, the requirements of the court related to the disposition of the other hearing shall be met in addition to the requirements of this section.

(j)

At the permanency hearing, the department of family services shall present to the court the efforts made to effectuate the permanency plan for the child, address the options for the child's permanent placement, examine the reasons for excluding other permanency options and set forth the proposed plan to carry out the placement decision, including specific times for achieving the permanency plan. The department of family services shall provide the court a compelling reason for establishing a permanency plan other than reunification, adoption or legal guardianship.

(k)

At the permanency hearing, the court shall determine whether the permanency plan is in the best interest of the child and whether the department of family services has made reasonable efforts to finalize the plan. The court shall order the department of family services to take any additional steps necessary to effectuate the terms of the permanency plan.

(d)
(m)

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:

(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
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440 are required to be made.

(e)
(n)

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

(o)

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
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309(a)(vi), (b) or (c).

(f)
(p)

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.

(g)
(q)

At each of the review hearings, the court shall enter findings on the record pursuant to subsection (c) of this section.

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440.

Reasonable efforts for family reunification; exceptions.

(g)

If the court determines as provided in W.S. 14
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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
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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.

Section 2.

W.S. 14
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440(h) is repealed.

Section 3.

This act is effective July 1, 2005.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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