Foster care and permanency-additional requirements.

ORIGINAL
House
Bill No
.
HB0118

ENROLLED ACT NO. 41,

HOUSE OF REPRESENTATIVES

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2016 Budget Session

AN ACT relating to children; specifying the reasonable and prudent parent standard and related provisions as required by federal law amendments relating to foster care and permanency; adding additional requirements to permanency hearings and reviews as required by federal law amendments relating to foster care and permanency; providing definitions; and providing for an effective date.

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

Section 1
.

W.S
. 14
‑
13
‑
101 through 14
‑
13
‑
104
are
created to read:

CHAPTER 13
REASONABLE
AND
PRUDENT PARENT
STANDARD

14
‑
13
‑
101
.

Definitions.

(a)

As used in this chapter:

(
i
)

"Age appropriate or developmentally appropriate
activities and experiences
" means
activities and experiences that are
:

(A)

G
enerally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally
appropriate
for a child based on the development of cognitive, emotional, physical and behavioral capacities that are typical for an age or age group; or

(B)

In the case of a specific child,
s
uitable for that child based on the developmental stages
attained by the child with respect to the cognitive, emotional, physical and behavioral capacities of the child.

(ii)

"Caregiver" means
a foster parent
, a designated official for a child carin
g
facility certified
pursuant to
W.S. 14
‑
4
‑
101
through 14
‑
4
‑
117
or any other person
with whom the child is placed
by court order
in an
out
‑
of
‑
home
placement
or any other
placement
pursuant to

chapter 3, article 4 of this title and chapter 6, articles 2 and 4 of this title;

(iii)

"Department" means the Wyoming department of family services;

(iv)

"Foster care" means
twenty
‑
four (24) hour substitute care for children placed away from their parents or guardians and for whom the department has placement and care responsibilities, including but not limited to placements in:

(A)

Foster family homes
;

(B)

Foster homes of relatives;

(C)

Group homes;

(D)

Emergency shelters;

(E)

Residential facilities;

(F)

Pre
‑
adoptive homes;

(G)

Child care institutions.

(v)

"Out
‑
of
‑
home placement" means
a placement of a child physically out of his home pursuant to W.S. 14
‑
3
‑
201
through 14
‑
3
‑
216
,
the Child Protection Act, W.S. 14
‑
3
‑
401 through 14
‑
3
‑
441,
14
‑
6
‑
10
2
,
the Juvenile Justice Act,

W.S.
14
‑
6
‑
201
through 14
‑
6
‑
252
, or the Children in Need of Supervision Act, W.S. 14
‑
6
‑
401 through 14
‑
6
‑
440
;

(vi)

"Reasonable and prudent parent standard" means
careful and sensible parental decisions that maintain the health, safety, well
‑
being and best interests of a child while encouraging the emotional and developmental growth of the ch
ild;

(vii)

"Residual parental rights and duties" means
those rights and duties remaining with the parents after legal custody, guardianship of the person or both have been vested in another person, agency or institution. Residual parental rights and duties include but are not limited to:

(A)

The duty to support and provide necessities of life;

(B)

The right to consent to adoption;

(C)

The right to reasonable visitation unless restricted or prohibited by court order;

(D)

The right to determine the minor's religious affiliation; and

(E)

The right to petition on behalf of the minor.

14
‑
13
‑
102
.

Access and standards.

(a)

Subject to subsection
s
(b)
and (d)

of this section
, a child in an out
‑
of
‑
home placement is entitled to engage in, to the greatest extent possible,
age appropriate or
developmentally appropriate activities and experiences as he would otherwise be able to experience in his own home. A child with a disability or special needs in an out
‑
of
‑
home placement shall have the same access to
age appropriate or
developmentally appropriate activities and experiences as the child’s nondisabled peers, even if reasonable accommodations are required.

(b)

Subject to subsection (d
)
of this section
and
if not in conflict with

any

residual parental rights and duties
, applicable court order or department case plan, a caregiver shall use the reasonable and prudent parent standard when determining whether to allow a child in foster care under the responsibility of the department or in an out
‑
of
‑
home placement to participate in extracurricular, enrichment, cultural or social activities
.

(c)

Under
the reasonable and prudent parent standard, a caregiver shall give consideration to
the following when deciding whether to allow a child to participate in an activity or experience
:

(
i
)

A par
ent or custodian’s wishes, when
appropriate;

(ii)

The child’s age, maturity and development level to
ensure
the
child's
overal
l health and safety
;

(iii)

The potential risk factors and appropriateness
of the activity or experience;

(iv)

The
best interest of the child based on info
rmation known by the caregiver;

(v)

The child’s wis
hes;

(vi)

The
importance of encouraging the child’s emotional an
d
developmental growth;

(vii)

The importance of supporting the child in developing skills to succes
sfully transition to adulthood;

(viii)

The importance of providing the child with the most family
like living experience
possible; and

(ix)

Any special needs o
r
accommodations that the child may need to safel
y
participate in the activity or
experience.

(
d
)

A
c
aregiver may provide or withhold permission for children in
his
care to participate in and experience
age appropriate or
developmentally appropriate activities and experiences.
A
caregiver
'
s ability t
o grant or withhold permission:

(
i
)

Shall not override
or conflict with
a parent’s
residual parental rights and duties

to make decisions regarding
his
child’s participation in activities and experiences
or with rights
as determined by court order;

(ii)

Shall be exercised using the reasona
ble prudent parent standard;

(iii)

S
hall not conflict
with any applicable court order
or
department case pla
n
;

(i
v
)

May
be exercised without the prior approval of the department
if
exercising
caregiver authority is consistent with the department case plan.

14
‑
13
‑
103
.

Limitation of liability.

(a)

A caregiver shall not be liable for harm caused to a child
as the result of his participation
in an activity or experienc
e approved by the caregiver if
the caregiver complies with the requirements of W.S. 14
‑
13
‑
102(
d).

(b)

In addition to
the liability protection
provided
under
subsection (a) of this section, this section shall not remove or limit any other applicable liability protection conferred upon caregivers
by any other law.

14
‑
13
‑
104
.

Obligations of the department of family services.

(a)

As a condition of certification for foster care, t
he department shall require the
implementation
of

standards and training
meant to assure compliance with
the reasonable and prudent parent standard
. To meet this requirement, the department shall provide information and education concerning
:

(
i
)

T
he developmental stages of the
child's
cognitive, emotional, physical
and behavioral capacities;

(ii)

Whether to allow a child to engage in extracurricular, enrichment, cultural or social activities including sports, field trips and overnight activities lasting one (1) day or longer;
and

(iii)

T
he signing of permission slips and arranging transportation for the child to and from extracurricular, enrichment
,
c
ultural and social activities.

(b)

At certification and recertification reviews, t
he department shall verify that caregivers providing out
‑
of
‑
home placement promote and protect the ability of a child to participate in
age appropriate or
developmentally appropriate activities and experiences.

(c)

The department shall develop standards and a process by which individuals employed by facilities providing out
‑
of
‑
home placements are designated to make decisions for children
under
the reasonable and prudent parent standard.

Section 2
.

W.S.
14
‑
3
‑
402(
a) by creating
a
new paragraph (xx
i
v)
and by renumbering (xxiv) as (xxv)
,
14
‑
3
‑
431(j) and (k),
14
‑
6
‑
201(a) by creating a new paragraph (xxvi)
and by renumbering (xxvi) as (xxvii)
,
14
‑
6
‑
229(e)(ii)(B),
14
‑
6
‑
402(a) by creating
a
new paragraph (xxiii)
and 14
‑
6
‑
429(c)(
i
)(B)
are amended to read:

14
‑
3
‑
402
.

Definitions.

(a)

As used in this act:

(xx
i
v)

"Another planned permanen
t
living arrangement" means a permanency plan
for youth sixteen (16) years of age or older
other than reunification, adopt
ion,
legal guardianship
or placement with a fit and willing relative
;

(xxiv)
(xxv)

"This act" means W.S. 14
‑
3
‑
401 through 14
‑
3
‑
440.

14
‑
3
‑
431
.

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

(j)

At the permanency hearing, the department of family services shall
present to the court
:

(
i
)

E
fforts made to
:

(A)

E
ffectuate 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 cour
t

and

(B)

Ensure the child be provided
, to the greatest extent possible,
the opportunity to participate in age appropriate or developmentally appropriate activities and experiences
as defined in W.S. 14
‑
13
‑
101(a)(
i
)

to promote healthy child

and

adolescent development
consistent with W.S. 14
‑
13
‑
101
through 14
‑
13
‑
104
.

(ii)

If the permanency plan is classified as another planned permanent living arrangement:

(A)

A
compelling reason for establishing
a permanency plan other than reunification, adoption or legal guardianship
.

another
planned permanen
t
living arrangement
; and

(
B
)

D
ocument
ation of
the ongoing and unsuccessful efforts to return the child home
,
place the child for adoption or
with a legal guardian or

a
fit and willing relative
for purposes of guardianship or adoption
, including
evidence of ef
forts t
o
use
social media or other
search technology to find bi
ological
family
members for the child
.

(k)

At the permanency hearing, the court shall
:

(
i
)

D
etermine 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

(ii)

O
rder the department of family services to take any additional steps necessary to effectuate the terms of the permanency plan
;
.

(iii)

Ask the child about his desired permanency outcome if it is determined that the child should be present at the hearing;

(iv)

Ask
the child's guardian ad litem or other legal representative about the child's desired permanency outcome if it is determined inappropriate for the child to be present at the hearing;

(v)

If the permanency plan is classified as another planned permanent living arrangement:

(A)

Make a judicial determination
and explain
why, as of the date of the hearing, another planned permanent living arrangement is the best permanency plan for the chil
d
;
and

(B)

Provide reasons why it continues not to be in the best inter
est of the child to return home or
be placed for adoption
or
with a legal guardian or
a
fit and willing relative
for purposes of guardianship or adoption
.

(vi
)

Require
that the child be provided
, to the greatest extent possible,
the opportunity to participate in age
a
ppropriate or developmentally appropriate activities and experiences
as defined in W.S. 14
‑
13
‑
101(
a)(
i
)

to promote healthy child and
adolescent development
consistent with W.S. 14
‑
13
‑
101
through 14
‑
13
‑
104.

14
‑
6
‑
201
.

Definitions; short title; statement of purpose and interpretation.

(a)

As used in this act:

(xxvi)

"Another planned permanen
t
living arrangement" means a permanency plan
for youth sixteen (16) years of age or older
other than reunification, adoption, legal guardianship or placement with a fit and willing relative
;

(xxvi)
(xxvii)

"This act" means W.S. 14
‑
6
‑
201 through 14
‑
6
‑
252.

14
‑
6
‑
229
.

Decree where child adjudged delinquent; dispositions; terms and conditions; legal custody.

(e)

In cases where a child is ordered removed from the child's home:

(ii)

If a child is committed or transferred to an agency or institution under this section:

(B)

Not less than once every six (6) months, the court of jurisdiction shall conduct a formal review

to assess and determine the appropriateness of the current placement, the reasonable efforts made to reunify the family, the safety of the child and the permanency plan for the child.

During this
review
:

(I)

The
department of family services shall present to the court
:

(1)

If
the permanency plan is classified as another planned permanent living arrange
ment
, documentation of the ongoing and unsuccessful e
fforts to return the child home or
place the child for adoption
or

with a legal guardian or a fit and willing relative
for purposes of guardianship or adoption
, including
evidence of
efforts t
o
use
social media or other
search technology to find biological
family
members for the child
; and

(2)

Efforts made to
e
nsure
that
the child
is
provided
, to the greatest extent possible,
the opportunity to participate in age appropriate or developmentally appropriate activities and experiences
as defined in W.S. 14
‑
13
‑
101(
a)(
i
)
to promote healthy child

and adolescent development consistent with W.S. 14
‑
13
‑
101
through 14
‑
13
‑
104
.

(II)

The
court shall
:

(1)

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;

(2)

Order the department of family services to take any additional steps necessary to effectuate the terms of the permanency plan;

(3)

Ask the child or, if the child is not present at the review, the child's guardian ad litem or other legal representative about the child’s desired permanency outcome
;

(
4
)

If the permanency plan is classified as another planned permanent living arrangement:

a.

M
ake
a
judicial determination
and explain
why, as of the date of the
review
, another planned permanent living arrangement is the best permanency plan for the child; and

b.

Provide reasons why it continues not to be in the best inter
est of the child to return home or
be placed for adoption
or with
a legal guardian
, or be placed with
a fit and willing relative
for purposes of guardianship or adoption
.

(5
)

Make findings
whether
the child
has
be
en
provided
, to the greatest extent possible,
the opportunity to participate in age appropriate or developmentally appropriate activities and experiences
as defined in W.S. 14
‑
13
‑
101(
a)(
i
)
to promote healthy child and adolescent development consistent with W.S. 14
‑
13
‑
101
through 14
‑
13
‑
104
.

14
‑
6
‑
402
.

Definitions.

(a)

As used in this act:

(xxiii)

"Another planned permanen
t
living arrangement" means a permanency plan
for youth sixteen (16) years of age or older
other than reunification, adoption, legal guardianship or placement with a fit and willing relative.

14
‑
6
‑
429
.

Decree where child adjudged in need of supervision; dispositions; terms and conditions; legal custody.

(c)

In cases where a child is ordered removed from the child's home:

(
i
)

If a child is committed or transferred to an agency or institution under this section:

(B)

Not less than once every six (6) months, the court of jurisdiction shall conduct a formal
review
to assess and determine the appropriateness of the current placement, the reasonable efforts made to reunify the family, the safety of the child and the permanency plan for the child.
During this
review
:

(I)

The
department of family services shall present to the cour
t:

(1)

If the permanency plan is classified as another planned permanent living arrange
ment
, documentation of the ongoing and unsuccessful efforts to return the child home or place the child for adoption or with a legal guardian or a fit and willing relative
for purposes of guardianship or adoption
, including
evidence of
efforts t
o
use
social media or other
search technology to find biological
family
members for the child; and

(2)

Efforts made to ensure that the child is provided
, to the greatest extent possible
,
the
opportunity to participate in age appropriate or developmentally appropriate activities and experiences as defined in W.S. 14
‑
13
‑
101(a)(
i
) to promote healthy child
and
adolescent development consistent with W.S. 14
‑
13
‑
101
through 14
‑
13
‑
104
.

(II)

The co
urt shall:

(1)

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;

(2)

Order the department of family services to take any additional steps necessary to effectuate the terms of the permanency plan;

(3)

Ask the child or, if the child is not present at the review, the child's guardian ad litem or other legal representative about the child’s desired permanency outcome
;

(
4
)

If the permanency plan is classified as another planned permanent living arrangement:

a.

Make
a judicial determination
and explain
why, as of the date of the
review
, another planned permanent living arrangement is the best permanency plan for the child; and

b.

Provide reasons why it continues not to be in the best interest of the child to return home or be placed for adoption or
with a legal
guardian
, or be placed with a fit and willing relative for purposes of guardianship or adoption
.

(
5
)

Make findings whether the child has been provided
, to the greatest extent possible,
the opportunity to participate in age appropriate or developmentally appropriate activities and experiences as defined in W.S. 14
‑
13
‑
101(
a)(
i
)
to promote healthy child and adolescent development consistent with W.S. 14
‑
13
‑
101
through 14
‑
13
‑
104
.

Section
3
.

This
act is effective
immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(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

1