Name changes-sealed.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0535.E1

HOUSE BILL
NO.
HB0237

Name changes-sealed.

Sponsored by:
Representative(s) Barbuto, Bagby, Byrd, Cannady, Connolly and Zwonitzer, Dn. and Senator(s) Burns, Decaria and Sessions

A BILL

for

AN ACT relating to
change of name proceedings in district court; allowing records of change of name proceedings to be sealed in certain cases for safety reasons;
exempting such cases from residency requirements
as specified
;
providing for documentation as specified;
and providing for an effective date.

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

Section 1.

W.S. 1
‑
25
‑
105 is created to read:

1
‑
25
‑
105.

Sealed record proceedings.

(a)

The court may allow a petition for a name change to proceed on a sealed record basis under this section and may order the records in the proceeding to be sealed if the court finds by
clear and convincing
evidence that the safety of the petitioner or the petitioner's child or ward warrants sealing the file

and that the noncustodial parent was provided the opportunity to respond to the petition or the parental rights of the noncustodial parent have been terminated
. T
he court may appoint a guardian ad litem to protect the best interests of the child.

(b)

Every person desiring a change of name under this section shall submit a petition to the court, verified by affidavit, containing the following:

(i)

A concise statement of the reason for the name change;

(ii)

If the petitioner is over seventeen (17) years of age, the results of a certified, fingerprint

based criminal history record check conducted pursuant to subsection (e) of this section within ninety (90) days prior to the filing of the petition;

(iii)

Certified copies of all contents of any court file, from any jurisdiction, in which a court has ordered child support, determined paternity
or parental rights
or ordered allocation of parental responsibilities or custody regarding the petitioner;

(iv)

If the petitioner is over seventeen (17) years of age, a copy of a consumer report from a consumer reporting agency requested pursuant to section 604 of the Fair Credit Reporting Act, 15 U.S.C. 1681b.

(c)

If the court allows the petition to proceed on a sealed record basis under this section, the residency and publication requirements under W.S. 1
‑
25
‑
102 and 1
‑
25
‑
103 shall not apply.

(d)

All papers and records pertaining to a sealed record petition under this section shall be kept as a permanent record of the court but shall be opened for inspection only upon an order of the court for good cause shown or upon the request of the petitioner.

(e)

Prior to filing a petition under this section, the petitioner shall submit to the division of criminal investigation through the sheriff's office in the county of the applicant's residence:

(i)

A completed application for a criminal history record check in a form approved by the division;

(ii)

A full set of fingerprints of the applicant administered by a law enforcement agency. The actual cost of processing the set of fingerprints required in this paragraph shall be borne by the applicant.

(f)

The sheriff's office shall forward items received under subsection (e) of this section
to

the division which
shall process the full set of fingerprints of the applicant for any criminal justice information. The division shall submit a fingerprint card to the national criminal justice information center for a national background check. The cost of processing the fingerprints shall be payable to the division. The results of the investigation shall be sent to the sheriff's office for distribution to the applicant after payment of any costs.

(g)

The two (2) year residency requirement under W.S. 1-25-102 may be waived by the court for good cause shown
.

Section 2.

W.S. 1
‑
25
‑
101
and
1
‑
25
‑
103 are amended to read:

1
‑
25
‑
101.

Verified petition to be presented; information to be shown in petition; order of court making change; record to be made.

Every person desiring to change his name may petition the district court of the county of the petitioner's residence for the desired change. The petition shall be verified by affidavit setting forth the petitioner's full name, the name desired, a concise statement of the reason for the desired change, the place of his birth, his place of residence and the length of time he has been an actual bona fide resident of the county in which the petition is filed. If the court is satisfied that the desired change is proper and not detrimental to the interests of any other person, it shall order the change to be made, and
, subject to W.S. 1
‑
25
‑
105,
record the proceedings in the records of the court.

1
‑
25
‑
103.

Notice to be given by publication.

Except as provided in W.S. 1
‑
25
‑
105, a
p
ublic notice of the petition for a change of name shall be given in the same manner as service by publication upon nonresidents in civil actions.

Section 3.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

1
HB0237