Children in need of supervision-2.

2015
STATE OF WYOMING
15LSO-0063
Numbered
2.1

SENATE FILE

NO.
SF0015

Children in need of supervision-2.

Sponsored by:
Joint Judiciary Interim Committee

A BILL

for

AN ACT relating to juveniles; amending provisions relating to children in need of supervision; providing for diverting children from judicial proceedings; providing for limited representation by guardian ad litem; and providing for an effective date.

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

Section 1
.

W.S. 14
‑
6
‑
411(a)
and by creating a new subsection (c)
and 14
‑
12
‑
101(a)
(intro)
and
by creating a new subsection
(e) are
amended to read:

14
‑
6
‑
411
.

Complaints alleging child in need of supervision; investigation and determination by district attorney.

(a)

Complaints alleging a child is in need of supervision shall be referred to the office of the district attorney. The district attorney shall determine whether the best interest of the child requires that judicial action be taken. The department of family services and the county sheriff shall provide the district attorney with any assistance he may require in making an investigation. The district attorney shall prepare and file a petition with the court if he believes action is necessary to protect the interest of the child.

If the district attorney determines that the best interest of the child is served through nonjudicial intervention, the district attorney may enter into a voluntary written diversion agreement with the child and the parent
s
, guardian or custodian of the child.
The district attorney shall
advise the child and the child
'
s parents
, guardian or custodian
that the child may consult with an attorney designated by the guardian ad li
tem program as provided under subsection (c) of this section
before entering into the agreement
.

The diversion agreement may require the child or the child
'
s parents, siblings
, guardian
or custodian to participate in available programs and services offered by the department of family services, the department of health or other state or local agencies.

(c)

Before the child enters into a diversion agreement under subsection (a) of this section, the child may consult with an attorney designated by the guardian ad litem program.

Upon consent of the
child, t
he designated attorney shall act as a guardian ad litem for the child
for the limited purpose of advising the child whether it is in the best interest of the child to enter into
the
diversion agreement.

14
‑
12
‑
101
.

Guardian ad litem program; administration by the public defender
'
s office; standards; rulemaking; reporting.

(a)

The office of the state public defender shall administer a guardian ad litem program. The program shall employ or contract with, supervise and manage attorneys providing
limited legal representation under subsection (e) of this section and
legal representation as guardians ad litem in the following cases and actions:

(e)

An attorney employed by or
under
contract

with the program

may
act as a guardian ad litem
to a child
considering
a diversion agreement
offered by the district attorney
under W.S. 14
‑
6
‑
411. The scope of the representation under this
sub
section shall be limited to
advis
ing the child whether it is in the best interest of the child to
enter into
the
diversion agreement
.

Section
2
.

This
act is effective July 1,
2015
.

(END)

1
SF0015