SF0138 • 2011

Child custody orders-abandonment.

AN ACT relating to parental rights; specifying the effect of custody and support orders in terminating parental rights; and providing for an effective date.

Children

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Senator Perkins
Last action: 2011-03-02
Official status: enrolled
Effective date: 3/2/2011

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

2011-03-02 LSO
Assigned Chapter Number
2011-03-02 Governor
Governor Signed SEA0061
2011-02-25 House
H Speaker Signed SEA No. 0061
2011-02-24 Senate
S President Signed SEA No. 0061
2011-02-24 LSO
Assigned Number SEA0061
2011-02-24 House
H Passed 3rd Reading
2011-02-23 House
H Passed 2nd Reading
2011-02-22 House
H Passed CoW
2011-02-11 House
H Placed on General File
2011-02-11 House
H01 Recommended Do Pass
2011-02-04 House
H Introduced and Referred to H01
2011-02-03 House
H Received for Introduction
2011-02-03 Senate
S Passed 3rd Reading
2011-02-02 Senate
S Passed 2nd Reading
2011-02-01 Senate
S Passed CoW
2011-01-31 Senate
S Placed on General File
2011-01-31 Senate
S01 Recommended Do Pass
2011-01-26 Senate
S Introduced and Referred to S01
2011-01-26 Senate
S Received for Introduction
2011-01-25 LSO
Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
SF0138
Drafter:

IDS

LSO No.:
11LSO-0541
Effective Date:

3/2/2011

Enrolled Act No.:
SEA0061

Chapter No.:
CH0131

Prime Sponsor:
Senator
Perkins

Catch Title:
Child
custody orders-abandonment.

Subject:
Child custody
abandonment.

Summary/Major Elements:

●

This act is intended to
respond to the Wyoming Supreme Court's decision in
In the Interest of ANO:
SLB
, 2006 WY 74; 136 P3d 797 (Wyo. 2006). In that case, the Supreme Court
held that custody orders assigning custody to one parent preclude a finding of
abandonment by the non-custodial parent. The holding was relevant under W.S.
14-2-309 which allows parental-child relationships to be terminated where a
child has been left in the care of another person for a period of at least one
year.

●

This act adds language to
W.S. 14-2-309 stating that, "a court order of custody shall not preclude a
finding that a child has been left in the care of another person."

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0138

ENROLLED ACT NO. 61, SENATE

SIXTY-FIRST LEGISLATURE OF THE STATE OF
WYOMING
2011 GENERAL SESSION

AN ACT relating to
parental rights; specifying the
effect of custody and support orders in terminating parental rights
;
and providing for an effective date.

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

Section 1.

W.S. 14
‑
2
‑
309(a)(i) is amended to read
:

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
;

Section 2.

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)

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