Neglect and abuse.

20LSO-0355
2020
STATE OF WYOMING
20LSO-0355
Numbered
2.0

HOUSE BILL NO. HB0107

Neglect and abuse.

Sponsored by: Representative(s) Clem, Jennings, Olsen and Salazar and Senator(s) Biteman, Bouchard, Hutchings and Steinmetz

A BILL

for

AN ACT relating to child protection; amending definitions relating to abuse and neglect; providing for the right to seek a second medical opinion when medical neglect is alleged; and providing for an effective date.

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

Section 1.

W.S. 14
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3
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202(a)(ii)(intro), (vii) and by creating a new subsection (b) is amended to read:

14
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3
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202.

Definitions; right to seek second medical opinion.

(a)

As used in W.S. 14
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3
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201 through 14
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3
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216:

(ii)

"Abuse" means inflicting or causing physical or mental injury, harm or imminent danger to the physical or mental health or welfare of a child other than by accidental means, including abandonment, unless the abandonment is a relinquishment substantially in accordance with W.S. 14
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11
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101 through 14
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109, excessive or unreasonable corporal punishment, malnutrition
or substantial risk thereof
by reason of intentional
or unintentional
neglect, and the commission or allowing the commission of a sexual offense against a child as defined by law:

(vii)

"Neglect" means
a failure or refusal
an act or omission
by
those
a person
responsible for the child's welfare
to provide adequate care, maintenance, supervision, education or medical, surgical or any other care necessary for the child's well being.
that results in harm or an unreasonable risk of harm to the child's health or welfare, subject to the following:

(A)

"Neglect" includes:

(I)

A failure or refusal to provide the child with supervision, food, clothing, shelter, education as required by law, or medical care, except:

(1) If the failure of a parent, guardian or custodian to provide services to meet the needs of a child with a disability or chronic illness is the result of the unavailability of reasonable services; or

(2) If the parent, guardian or custodian is financially unable to do so.

(II)

Permitting a child to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purposes of manufacturing a substance as defined in W.S. 35
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7
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1016(d)(ii) or (f)(i);

(III)

A determination by a licensed medical professional that those responsible for the child's
welfare exposed a newborn infant prenatally to a drug or substance listed in W.S. 35
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7
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1016(d)(ii) or (f)(i) and that this exposure was not the result of a medical treatment administered to the mother or the newborn infant by a licensed medical professional. The determination by the licensed medical professional shall be based on one (1) or more of the following:

(1) Clinical indicators in the prenatal period including maternal and fetal presentation;

(2) Clinical indicators in the mother or infant;

(3) Results of a toxicology or other laboratory test on the mother or infant obtained by parental consent or a court order.

(IV)

A determination by a licensed medical professional that the custodial birth mother caused an infant under one (1) year of age to present with
clinical findings consistent with fetal alcohol syndrome or fetal alcohol effects;

(V)

Exposing a child to sexual contact, bestiality or explicit sexual materials deliberately or with reckless disregard as to whether the act or material is presently observable by the child. As used in this subdivision, "sexual contact" means a person's touching with the intention of sexual arousal, gratification or abuse, of another person's intimate parts.

(B)

"Neglect" does not include:

(I)

Treatment given in good faith by spiritual means alone,
or
through prayer
;
, by a duly accredited practitioner in accordance with the tenets and practices of a recognized church or religious denomination is not child neglect for that reason alone;

(II)

The decision by a child's parent, guardian or custodian based upon reason of religious belief, to refuse specified medical treatment for the
child, unless emergency treatment is required when the child faces an immediate threat of death or serious and irreparable harm;

(III)

A health care decision made for the child by the child's parent, guardian or custodian, unless the parent, guardian or custodian fails to obtain emergency treatment when the child faces an immediate threat of death or serious and irreparable harm or unless the state or other party to a proceeding instituted for the benefit of the child shows by clear and convincing evidence that the health care decision is not reasonable and informed and has or will result in serious prolonged harm to the child;

(IV)

A child's parent, guardian or custodian exercising the right under subsection (b) of this section to seek a second medical opinion from another licensed physician;

(V)

Those responsible for the child's welfare permitting the child, whose basic needs are met and
who is of sufficient age and maturity to avoid harm or unreasonable risk of harm, to engage in independent activities.

(b)

In cases of alleged medical neglect under paragraph (a)(vii) of this section where the department seeks protective custody, temporary custody or custody of the child based on the report or testimony of a licensed medical professional:

(i)

The child's parent, guardian or custodian shall have a reasonable amount of time, as determined by the court, to obtain a second medical opinion from another licensed physician of the parent's or guardian's choosing who has expertise in the applicable field;

(ii)

Unless there is an imminent risk of death or a deteriorating condition of the child's health, the child shall remain in the custody of the parent, guardian or custodian while the parent, guardian or custodian obtains a second medical opinion;

(iii)

If a second medical opinion results in a different diagnosis or treatment recommendation from the opinion of the physician the department used, the court shall give deference to the second medical opinion as long as that opinion is reasonable and informed as determined by the court;

(iv)

Paragraphs (i) through (iii) of this subsection do not apply to emergency treatment or care when the child faces an immediate threat of death or serious and irreparable harm and when there is insufficient time to safely allow the parent, guardian or custodian to provide alternative necessary care and treatment of the parent's, guardian's or custodian's choosing.

Section 2
.

This act is effective July 1, 2020
.

(END)

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HB0107