Child abuse and neglect amendments.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0103

ENROLLED ACT NO. 85, SENATE

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2009 GENERAL SESSION

AN ACT relating to
child protection;
authorizing transfer of jurisdiction from district court to juvenile
court
in specified actions; authorizing permanency hearings if a court determines that efforts to reunify the family are unnecessary; authorizing constructive service of process or service by publication under specified conditions;
specifying contents of
notices
;
limiting objections to services provided under a case plan if the parent refused to comply with or participate in the case plan process;

and providing for an effective date.

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

Section 1.

W.S. 1
‑
22
‑
104(a), 3
‑
2
‑
101 by creating a new subsection (b), 14
‑
3
‑
403(b) and by creating a new subsection (c),
14-3-413 by creating new subsections (d) through (f),
14
‑
3
‑
414 by creating a new subsection (f), 14
‑
3
‑
427(k) and 14
‑
3
‑
440(g) are amended to read:

1
‑
22
‑
104.

Petition for adoption of minor; by whom filed; requisites; confidential nature; inspection; separate journal to be kept.

(a)

Adoption proceedings shall be commenced by a petition filed in district court.
The district court may transfer jurisdiction of a petition to adopt a child to the juvenile court if the child proposed for adoption in the petition is under the prior and continuing jurisdiction of the juvenile court.

3
‑
2
‑
101.

Petition for appointment of guardian.

(b)

The district court may transfer jurisdiction of a petition for appointment of a guardian to the juvenile court if the proposed ward is a child who is under the prior and continuing jurisdiction of the juvenile court.

14
‑
3
‑
403.

Juvenile court authority over certain issues.

(b)

Nothing contained in this act is construed to deprive the district court of jurisdiction to determine questions of custody, parental rights, guardianship or any other questions involving minors, when the questions are the subject of or incidental to suits or actions commenced in or transferred to the district court as provided by law
,
.

except:

(i)

If a petition involving the same child is pending in juvenile court or if continuing jurisdiction has been previously acquired by the juvenile court, the district court
may
certify the question of custody to the juvenile court; and

(ii)

The district court at any time may request the juvenile court to make recommendations pertaining to guardianship o
r
legal custody
.

(c)

A party to the proceeding may file a petition for adoption or an appointment of
guardianship
in the underlying juvenile action in lieu of filing a petition with the district court.

14
‑
3
‑
413.

Order to appear; contents thereof; when child taken into immediate custody; waiver of service.

(d)

With respect to a child who is alleged to have been abused or neglected, a noncustodial parent or putative father who has not had
parental rights to
the child removed by a court
,
and who is not alleged
in the petition
to have abused or neglected the child, shall be served with notice of the child protective proceeding pursuant to W.S. 14
‑
3
‑
414 and 14
‑
3
‑
415. The notice shall inform the noncustodial parent or putative father of the following:

(i)

A
p
etition has been filed;

(ii)

The noncustodial parent or putative father has been named as such in the
p
etition;

(iii)

A response from the noncustodial parent or putative father is required within
sixty (
60
)
days of the date of service; and

(iv)

Failure to respond to the notice, appear at hearings or participate in the case may result in the termination of his parental rights
;

(v)

The noncustodial parent or putative father may be considered for possible placement of the child.

(e)

A
non
custodial parent or putative father served with notice of the child protective proceeding shall:

(i)

Respond and appear as required by
this section and
W.S.
14
‑
3
‑
414
and 14
‑
3
‑
415
;

(ii)

Admit or deny that he is the noncustodial parent
or putative father of the child;

(iii)

Submit to the jurisdiction of the
c
ourt;

(
i
v)

Provide information
and abide by any order
as required by the
c
ourt
.

(f)

A parent o
r
putative father who is served pursuant to W.S. 14
‑
3
‑
414 and 14
‑
3
‑
415 and fails to respond as required by this section may not thereafter assert parental rights in contravention of any permanency plan for the child required by W.S. 14-3-431(j) and (k)
unless good cause can be shown for failure to respond
.

14
‑
3
‑
414.

Service of process; order of custody.

(f)

If the person
's
residence is
unk
nown, service may be had by constructive service or by publication as provided in the
Wyoming
Rules of Civil Procedure.

14
‑
3
‑
427.

Predisposition studies and reports.

(k)

The department shall develop a case plan for a child when there is a recommendation to place the child outside the home.

If a parent chooses not to comply with or participate in the case plan developed by the department, that parent is prohibited from later objecting to or complaining about the services that were provided to the child and family.

14
‑
3
‑
440.

Reasonable efforts for family reunification; exceptions.

(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 provided in W.S. 14
‑
3
‑
431(e) 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.

This act is effective July 1, 2009.

(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

1