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HB0245 • 2023

Court ordered placement-child support.

AN ACT relating to children; amending the Child Protection Act, Juvenile Justice Act and Children in Need of Supervision Act to remove the mandatory requirement for courts to establish child support obligations on parents when their child is in a court ordered placement as specified; removing an employment or community service requirement; making conforming amendments; and providing for an effective date.

Children
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Representative Provenza
Last action
2023-02-06
Official status
inactive
Effective date
3/1/2023

Plain English Breakdown

The bill text does not provide specific details on how courts will handle the decision-making process for optional child support.

Changes to Child Support Rules for Court-Ordered Placements

This act changes laws about child support when a court orders a child's placement outside their home, making it optional instead of mandatory.

What This Bill Does

  • Amends the Child Protection Act, Juvenile Justice Act, and Children in Need of Supervision Act to remove the requirement for courts to order child support when a child is placed outside their home by court order.
  • Updates other parts of these acts to match these changes.

Who It Names or Affects

  • Parents whose children are placed outside their home by a court order.
  • Courts that handle cases involving children who need special care or supervision.

Terms To Know

Child Support
Money paid by parents to help take care of their children when they do not live together.
Court-Ordered Placement
When a court decides that a child should be placed in another home or facility, like foster care.

Limits and Unknowns

  • The bill did not pass and was not signed into law.
  • It is unclear how many parents will choose to pay support if it becomes optional.
  • The changes only apply when a child is placed outside their home by court order, not in all cases.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0245HS001

Standing Committee • House Labor, Health and Social Services Committee

Filed

Plain English: The amendment changes the Child Protection Act, Juvenile Justice Act, and Children in Need of Supervision Act by removing a requirement for courts to automatically set child support obligations when a child is placed under court order.

  • Removes the mandatory requirement for courts to establish child support orders for parents whose children are in a court-ordered placement.
  • Requires a report from the Department of Family Services on actions and progress related to implementing this act by October 1, 2023.
  • The amendment text does not provide full details about all changes made, such as specific language reinserted or deleted.
  • It is unclear what the exact impact of removing the employment or community service requirement will be without more context.

Bill History

  1. 2023-02-06 House

    H COW:H Did not consider for COW

  2. 2023-02-03 House

    H Placed on General File

  3. 2023-02-03 House

    H10 - Labor:Recommend Amend and Do Pass 9-0-0-0-0

  4. 2023-01-26 House

    H Introduced and Referred to H10 - Labor

  5. 2023-01-25 House

    H Received for Introduction

  6. 2023-01-24 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
23LSO-0593
2023
STATE OF WYOMING
23LSO-0593
Numbered
2.0

HOUSE BILL NO. HB0245

Court ordered placement-child support.

Sponsored by: Representative(s) Provenza and Zwonitzer, Dn and Senator(s) Barlow

A BILL

for

AN ACT relating to children; amending the Child Protection Act, Juvenile Justice Act and Children in Need of Supervision Act to remove the mandatory requirement for courts to establish child support obligations on parents when their child is in a court ordered placement as specified; removing an employment or community service requirement; making conforming amendments; and providing for an effective date.

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

Section 1
.

W.S. 14
‑
3
‑
429(c)(ii) and (iii), 14
‑
3
‑
435(a), 14
‑
6
‑
229(e)(iii) and (iv), 14
‑
6
‑
236(a), 14
‑
6
‑
429(c)(ii) and (iii), 14
‑
6
‑
435(a) and 21
‑
13
‑
315(f) are amended to read:

14
‑
3
‑
429.

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

(c)

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

(ii)

The court
shall
may
order the parents or other legally obligated person to pay a reasonable sum for the support and treatment of the child
as required by
pursuant to
W.S. 14
‑
3
‑
435
, or

and, if applicable,
shall state on the record the reasons why an order for support was
not
entered;

(iii)

In cases where the child is placed in custody of the department
and support is ordered under paragraph (ii) of this subsection
, support shall be established by the department through a separate civil action;

14
‑
3
‑
435.

Ordering payment for support and treatment of child; how paid; enforcement.

(a)

When legal custody of a child, other than temporary guardianship, is vested by court order in an individual, agency, institution or organization other than the child's parents, the court
shall
may
in the same or any subsequent proceeding inquire into the financial condition of the child's parents or any other person who may be legally obligated to support the child. After due notice and hearing the court
shall
may
order the parents or any other legally obligated person to pay a reasonable sum for the support and treatment of the child during the time that a dispositional order is in force
, provided that the child support action is initiated by the department
.
If the court enters a support obligation under this section, t
he requirements of W.S.
20
‑
2
‑
101
20
‑
2
‑
301
through 20
‑
2
‑
406 apply to this section.
If the court enters a support obligation under this section, t
he amount of support shall be determined in accordance with the presumptive child support established by W.S. 20
‑
2
‑
304.

In any case where the court has deviated from the presumptive child support, the reasons therefor shall be specifically set forth in the order. The amount ordered to be paid shall be paid to the clerk of the juvenile court for transmission to the person, institution or agency having legal custody of the child or to whom compensation is due. The clerk of court is authorized to receive periodic payments payable in the name or for the benefit of the child, including but not limited to social security, veteran's administration benefits or insurance annuities, and apply the payments as the court directs. An order for support under this subsection shall include a statement of the addresses and social security numbers if known, of each obligor, the names and addresses of each obligor's employer and the names and birth dates of each child to whom the order relates. The court shall order each obligor to notify the clerk of court in writing within fifteen (15) days of any change in address or employment.
If any person who is legally obligated to support the child does not have full time employment, the court may require that person to seek full time employment and may require community service work in lieu of payment until full time employment is obtained.

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:

(iii)

The court
shall
may
order the parents or other legally obligated person to pay a reasonable sum for the support and treatment of the child as required by W.S. 14
‑
6
‑
236
, or

and, if applicable,
shall state on the record the reasons why an order for support was
not
entered;

(iv)

In cases where the child is placed in custody of the department
and support is ordered under paragraph (iii) of this subsection
, support shall be established by the department through a separate civil action;

14
‑
6
‑
236.

Ordering payment for support and treatment of child; how paid; enforcement.

(a)

When legal custody of a child, other than temporary guardianship, is vested by court order in an individual, agency, institution or organization other than the child's parents, the court
shall
may
in the same proceeding inquire into the financial condition of the child's parents or any other person who may be legally obligated to support the child. After due notice and hearing the court
shall
may
order the parents or any other legally obligated person to pay a reasonable sum for the support and treatment of the child during the time that a dispositional order is in force
, provided that the child support action is initiated by the department
.
If the court enters a support obligation under this section, t
he requirements of W.S.
20
‑
2
‑
101
20
‑
2
‑
301
through 20
‑
2
‑
406 apply to this section.
If the court enters a support obligation under this section, t
he amount of support shall be determined in accordance with the presumptive child support established by W.S. 20
‑
2
‑
304.

In any case where the court has deviated from the presumptive child support, the reasons therefor shall be specifically set forth in the order. The amount ordered to be paid shall be paid to the clerk of the district court for transmission to the person, institution or agency having legal custody of the child or to whom compensation is due. The clerk of court is authorized to receive periodic payments payable in the name or for the benefit of the child, including but not limited to social security, veteran's administration benefits or insurance annuities, and apply the payments as the court directs. An order for support under this subsection shall include a statement of the addresses and social security numbers if known, of each obligor, the names and addresses of each obligor's employer and the names and birthdates of each child to whom the order relates. The court shall order each obligor to notify the clerk of court in writing within fifteen (15) days of any change in address or employment.
If any person who is legally obligated to support the child does not have full time employment, the court may require that person to seek full time employment and may require community service work in lieu of payment until full time employment is obtained.

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:

(ii)

The court
shall
may
order the parents or other legally obligated person to pay a reasonable sum for the support and treatment of the child as required by W.S. 14
‑
6
‑
435
, or

and, if applicable,
shall state on the record the reasons why an order for support was
not
entered;

(iii)

In cases where the child is placed in custody of the department
and support is ordered under paragraph (ii) of this subsection
, support shall be established by the department through a separate civil action;

14
‑
6
‑
435.

Ordering payment for support and treatment of child; how paid; enforcement.

(a)

When legal custody of a child, other than temporary guardianship, is vested by court order in an individual, agency, institution or organization other than the child's parents, the court
shall
may
in the same or any subsequent proceeding inquire into the financial condition of the child's parents or any other person who may be legally obligated to support the child. After due notice and hearing the court
shall
may
order the parents or any other legally obligated person to pay a reasonable sum for the support and treatment of the child during the time that a dispositional order is in force
, provided that the child support action is initiated by the department
.
If the court enters a support obligation under this section, t
he requirements of W.S.
20
‑
2
‑
101
20
‑
2
‑
301
through 20
‑
2
‑
406 apply to this section.
If the court enters a support obligation under this section, t
he amount of support shall be determined in accordance with the presumptive child support established by W.S. 20
‑
2
‑
304. In any case where the court has deviated from the presumptive child support, the reasons therefor shall be specifically set forth in the order. The amount ordered to be paid shall be paid to the clerk of the juvenile court for transmission to the person, institution or agency having legal custody of the child or to whom compensation is due. The clerk of court is authorized to receive periodic payments payable in the name or for the benefit of the child, including but not limited to social security, veteran's administration benefits or insurance annuities, and apply the payments as the court directs. An order for support under this subsection shall include a statement of the addresses and social security numbers if known, of each obligor, the names and addresses of each obligor's employer and the names and birth dates of each child to whom the order relates. The court shall order each obligor to notify the clerk of court in writing within fifteen (15) days of any change in address or employment.
If any person who is legally obligated to support the child does not have full time employment, the court may require that person to seek full time employment and may require community service work in lieu of payment until full time employment is obtained.

21
‑
13
‑
315.

Costs of court ordered placement of children in private residential treatment facilities, group homes, day treatment programs and juvenile detention facilities.

(f)

Only group homes and residential treatment facilities certified by the department of family services are eligible to receive funding for residential and treatment services under this section. Costs for education services shall be paid by the department of education under this section only if the educational program of the group home or residential treatment facility or the program provided by the board of cooperative educational services meets the standards of subsection (b) of this section and has been approved by the department.

The department of family services and the department of education shall provide the courts with a list of approved facilities and services.

The court shall determine the parents' or the guardian's contribution to the court ordered placement for all costs excluding necessary education costs based on the parents' or guardian's ability to pay as provided by W.S. 14
‑
6
‑
236 or 14
‑
6
‑
435.

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)

1
HB0245