Wyoming Statutes
Wyo. Stat. § 14-2-309 (2026)
Grounds for termination of parent-child
✓ current as of May 2026
Find cases:
SyfertCases citing this section
WY-LEGwyoleg.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
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;
(ii) The child has been abandoned with no means of
identification for at least three (3) months and efforts to
locate the parent have been unsuccessful;
(iii) The child has been abused or neglected by the
parent and reasonable efforts by an authorized agency or mental
health professional have been unsuccessful in rehabilitating the
family or the family has refused rehabilitative treatment, and
it is shown that the child's health and safety would be
seriously jeopardized by remaining with or returning to the
parent;
(iv) The parent is incarcerated due to the conviction
of a felony and a showing that the parent is unfit to have the
custody and control of the child;
(v) The child has been in foster care under the
responsibility of the state of Wyoming for fifteen (15) of the
most recent twenty-two (22) months, and a showing that the
parent is unfit to have custody and control of the child;
(vi) The child is abandoned at less than one (1) year
of age and has been abandoned for at least six (6) months;
(vii) The child was relinquished to a safe haven
provider in accordance with W.S. 14-11-101 through 14-11-109,
and neither parent has affirmatively sought the return of the
child within three (3) months from the date of relinquishment;
(viii) The parent is convicted of murder or homicide
of the other parent of the child under W.S. 6-2-101 through
6-2-104;
(ix) The parent committed sexual assault and the
child was conceived as a result of the sexual assault. For the
purposes of this paragraph, the following shall apply:
(A) A person committed sexual assault if the
person was convicted of an offense under W.S. 6-2-302, 6-2-303,
6-2-314 through 6-2-316 or other similar law of another
jurisdiction;
(B) Reasonable effort to reunify the family is
not required to terminate parental rights;
(C) This paragraph shall not apply if the parent
seeking termination was married to or cohabiting with the parent
committing the sexual assault resulting in the birth of the
child for not less than two (2) years immediately after the
birth of the child. Nothing in this subparagraph shall be
construed as limiting a parent from seeking termination under
another provision of this section or from seeking sole custody
under title 20, chapter 5 of the Wyoming statutes.
(x) The child has been appointed a guardian who is a
relative of the child, the child has been under the guardian's
care for at least twenty-four (24) consecutive months and a
showing that the parent is unfit to have custody and control of
the child. As used in this paragraph, "relative" means as
defined by W.S. 3-2-301(a)(iii).
(b) Proof by clear and convincing evidence that the parent
has been convicted of any of the following crimes may constitute
grounds that the parent is unfit to have custody or control of
any child and may be grounds for terminating the parent-child
relationship as to any child with no requirement that reasonable
efforts be made to reunify the family:
(i) Murder or voluntary manslaughter of another child
of the parent or aiding and abetting, attempting, conspiring to
commit or soliciting such a crime; or
(ii) Commission of a felony assault which results in
serious bodily injury to a child of the parent. As used in this
paragraph "serious bodily injury" means as defined by W.S.
6-1-104.
(c) Notwithstanding any other provision of this section,
evidence that reasonable efforts have been made to preserve and
reunify the family is not required in any case in which the
court determines any one (1) or more of the following by clear
and convincing evidence:
(i) The parental rights of the parent to any other
child have been terminated involuntarily;
(ii) The parent abandoned, chronically abused,
tortured or sexually abused the child;
(iii) The parent has been convicted of committing one
(1) or more of the following crimes against the child or another
child of that parent:
(A) Sexual assault under W.S. 6-2-302 through
6-2-304;
(B) Sexual battery under W.S. 6-2-313;
(C) Sexual abuse of a minor under W.S. 6-2-314
through 6-2-317.
(iv) The parent is required to register as a sex
offender pursuant to W.S. 7-19-302 if the offense involved the
child or another child of that parent. This shall not apply if
the parent is only required to register for conviction under
W.S. 6-2-201;
(v) Other aggravating circumstances exist indicating
that there is little likelihood that services to the family will
result in successful reunification.Notes of Decisions
Cited in 130
cases (16 in the last 5 years), 1982–2026 · leading case: Dunlap v. State (In re Bad), 446 P.3d 222 (Wyo. 2019).
Dunlap v. State (In re Bad), 446 P.3d 222 (Wyo. 2019). “[¶1] Appellant Cathy Ann Dunlap (Mother) challenges a district court decision terminating parental rights to three of her minor children pursuant to Wyo. Stat. Ann. § 14-2-309 (a)(iii) and (v) (LexisNexis 2019).”
Matter of Adoption of JLP, 774 P.2d 624 (Wyo. 1989). “As grounds for the termination of appellant's parental rights, the petition listed appellant's incarceration and unfitness pursuant to Wyo. Stat. § 14-2-309 (1977) of the termination statutes.”
Slb v. Jeo, 2006 WY 74 (Wyo. 2006). “[¶ 1] Mother (SLB) filed a petition to terminate biological father’s (JEO) parental rights to the child (ANO) pursuant to Wyo. Stat. Ann. § 14-2-309 (a)(i) (LexisNexis 2005), which allows termination of the parent-child relationship upon a showing by clear and convincing…”
In Re Termination of Parental Rights to IH, 2001 WY 100 (Wyo. 2001). “Wyo. Stat. Ann. § 14-2-309 (a)(i), (iii), and (v) (LexisNexis 2001).”
In the Matter of the Termination of Parental Rights to: NRAE, a minor child, Cody John Niland v. State of Wyoming, ex rel. Dep't of Fam. Servs., 2020 WY 121 (Wyo. 2020). “It alleged three grounds for termination: (1) the child had 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 year ( Wyo. Stat. Ann. § 14-2-309 (a)(i)); (2) the child…”
Matter of SYM, 924 P.2d 985 (Wyo. 1996). “STANDARD OF REVIEW The case for termination of parental rights must be made by clear and convincing evidence pursuant to Wyo. Stat. § 14-2-309(a) (1994). Because association with one’s immediate family is a fundamental liberty interest, application of the “clear and convincing”…”
MN v. State, 2003 WY 135 (Wyo. 2003). “After a five-day trial, the district court terminated Mother's parental rights to MN pursuant to Wyo. Stat. Ann. § 14-2-309 . This appeal followed.”
In the Matter of the Termination of Parental Rights To: Jpl, Minor Child, Jennifer Anne Hood v. State of Wyoming, Ex Rel. Dep't of Fam. Servs., 2021 WY 94 (Wyo. 2021). “[¶1] Jennifer Hood (Mother) and Gerald Leavitt (Father) appeal the district court’s order granting the Wyoming Department of Family Service’s petition to terminate their parental rights under Wyo. Stat. Ann. § 14-2-309 (a)(iii) and (a)(v).”
SED v. Carbon Cnty. Dep't of Fam. Servs., 2002 WY 168 (Wyo. 2002). “Wyo. Stat. Ann. § 14-2-309 (a) (Michie 1997); In Interest of JG, 742 P.”
HJO v. State, 280 P.3d 1203 (Wyo. 2012). “Whether the trial court record contains sufficient clear and convincing evidence for the jury to find that the statutory requirements were satisfied for termination of parental rights of Mother as to present unfitness of Mother at the time of trial pursuant to Wyo. Stat. Ann. §…”
In Re Zmets, 2012 WY 68 (Wyo. 2012). “[¶ 1] Appellant, DMM, challenges the district court's order terminating her parental rights pursuant to Wyo. Stat. Ann. §§ 14-2-309 (a)(iii) and (a)(v).”
In the Interest Of: Aa, a Minor Child, Ra v. The State of Wyoming, 2021 WY 18 (Wyo. 2021). “Did the juvenile court abuse its discretion when it determined, pursuant to Wyo. Stat. Ann. § 14-2-309 (c)(v) (LexisNexis 2019), DFS was not required to make reasonable efforts to reunify Father and Child? FACTS [¶4] Child was born in 2014 to Father and RK (Mother).”
— Wyo. Stat. § 14-2-309(2) — 1 case
MN v. State, 2003 WY 135 (Wyo. 2003). “After a five-day trial, the district court terminated Mother's parental rights to MN pursuant to Wyo. Stat. Ann. § 14-2-309 . This appeal followed.”
— Wyo. Stat. § 14-2-309(a) — 28 cases
Matter of Adoption of JLP, 774 P.2d 624 (Wyo. 1989). “As grounds for the termination of appellant's parental rights, the petition listed appellant's incarceration and unfitness pursuant to Wyo. Stat. § 14-2-309 (1977) of the termination statutes.”
In the Matter of the Termination of Parental Rights To: GAC, a Minor Child. Krystal Kaylynn Cave v. State of Wyoming, Dep't of Fam. Servs., 2017 WY 65 (Wyo. 2017).
In the Matter of the Termination of Parental Rights To: Jpl, Minor Child, Jennifer Anne Hood v. State of Wyoming, Ex Rel. Dep't of Fam. Servs., 2021 WY 94 (Wyo. 2021). “[¶1] Jennifer Hood (Mother) and Gerald Leavitt (Father) appeal the district court’s order granting the Wyoming Department of Family Service’s petition to terminate their parental rights under Wyo. Stat. Ann. § 14-2-309 (a)(iii) and (a)(v).”
LP v. Natrona Cnty. Dep't of Pub. Assistance & Soc. Servs., 679 P.2d 976 (Wyo. 1984).
In the Matter of the Termination of Parental Rights to AGS & AMLD, Minor Child.. SAS, 2014 WY 143 (Wyo. 2014).
— Wyo. Stat. § 14-2-309(a)(i) — 18 cases
Slb v. Jeo, 2006 WY 74 (Wyo. 2006). “[¶ 1] Mother (SLB) filed a petition to terminate biological father’s (JEO) parental rights to the child (ANO) pursuant to Wyo. Stat. Ann. § 14-2-309 (a)(i) (LexisNexis 2005), which allows termination of the parent-child relationship upon a showing by clear and convincing…”
PKJ v. Johnson Cnty. Dep't of Pub. Assistance & Soc. Servs., 673 P.2d 640 (Wyo. 1983).
Matter of Parental Rights of SCN, 659 P.2d 568 (Wyo. 1983).
In the Interest Of: RAA, AMA, & CMA, Minor Child., RA v. AW, 2016 WY 117 (Wyo. 2016).
MB v. Laramie Cnty. Dep't of Fam. Servs. Ex Rel. LB, 933 P.2d 1126 (Wyo. 1997).
— Wyo. Stat. § 14-2-309(a)(ii) — 2 cases
MN v. State, 2003 WY 135 (Wyo. 2003). “After a five-day trial, the district court terminated Mother's parental rights to MN pursuant to Wyo. Stat. Ann. § 14-2-309 . This appeal followed.”
BA v. Laramie Cnty. Dep't of Fam. Servs., 2007 WY 128 (Wyo. 2007).
— Wyo. Stat. § 14-2-309(a)(iii) — 47 cases
Dunlap v. State (In re Bad), 446 P.3d 222 (Wyo. 2019). “[¶1] Appellant Cathy Ann Dunlap (Mother) challenges a district court decision terminating parental rights to three of her minor children pursuant to Wyo. Stat. Ann. § 14-2-309 (a)(iii) and (v) (LexisNexis 2019).”
In the Matter of the Termination of Parental Rights To: Tjh, Minor Child, Christine Dawn Herden v. State of Wyoming, Ex Rel. Dep't of Fam. Servs., 2021 WY 56 (Wyo. 2021).
TR v. Washakie Cnty. Dep't of Pub. Assistance & Soc. Servs., 736 P.2d 712 (Wyo. 1987).
In Re Termination of Parental Rights to IH, 2001 WY 100 (Wyo. 2001). “Wyo. Stat. Ann. § 14-2-309 (a)(i), (iii), and (v) (LexisNexis 2001).”
In Re Arc, 2011 WY 119 (Wyo. 2011).
— Wyo. Stat. § 14-2-309(a)(iv) — 14 cases
Matter of SYM, 924 P.2d 985 (Wyo. 1996). “STANDARD OF REVIEW The case for termination of parental rights must be made by clear and convincing evidence pursuant to Wyo. Stat. § 14-2-309(a) (1994). Because association with one’s immediate family is a fundamental liberty interest, application of the “clear and convincing”…”
Matter of Adoption of JLP, 774 P.2d 624 (Wyo. 1989). “As grounds for the termination of appellant's parental rights, the petition listed appellant's incarceration and unfitness pursuant to Wyo. Stat. § 14-2-309 (1977) of the termination statutes.”
RW v. State Ex Rel. Laramie Cnty. Dep't of Pub. Assistance & Soc. Servs., 766 P.2d 555 (Wyo. 1989).
In the Matter of the Termination of Parental Rights To HLL & KGS, Minor Child.: CLB v. State of Wyoming, Dep't of Fam. Servs., 2016 WY 43 (Wyo. 2016).
Cdb v. Dje, 2005 WY 102 (Wyo. 2005).
— Wyo. Stat. § 14-2-309(a)(ix)(B) — 1 case
Dunlap v. State (In re Bad), 446 P.3d 222 (Wyo. 2019). “[¶1] Appellant Cathy Ann Dunlap (Mother) challenges a district court decision terminating parental rights to three of her minor children pursuant to Wyo. Stat. Ann. § 14-2-309 (a)(iii) and (v) (LexisNexis 2019).”
— Wyo. Stat. § 14-2-309(a)(v) — 30 cases
In the Matter of the Termination of Parental Rights to AGS & AMLD, Minor Child.. SAS, 2014 WY 143 (Wyo. 2014).
PRG v. State, Dep't of Fam. Servs., 280 P.3d 1216 (Wyo. 2012).
HJO v. State, 280 P.3d 1203 (Wyo. 2012). “Whether the trial court record contains sufficient clear and convincing evidence for the jury to find that the statutory requirements were satisfied for termination of parental rights of Mother as to present unfitness of Mother at the time of trial pursuant to Wyo. Stat. Ann. §…”
Swenson v. State (In re LCH), 434 P.3d 100 (Wyo. 2019).
In Re Arc, 2011 WY 119 (Wyo. 2011).
— Wyo. Stat. § 14-2-309(a)(vi) — 2 cases
HJO v. State, 280 P.3d 1203 (Wyo. 2012). “Whether the trial court record contains sufficient clear and convincing evidence for the jury to find that the statutory requirements were satisfied for termination of parental rights of Mother as to present unfitness of Mother at the time of trial pursuant to Wyo. Stat. Ann. §…”
In the Interest of Sjj, 2005 WY 3 (9th Cir. 2005).
— Wyo. Stat. § 14-2-309(b) — 6 cases
GS v. State (In re Interest of VS), 429 P.3d 14 (Wyo. 2018).
In the Interest Of: Aa, a Minor Child, Ra v. The State of Wyoming, 2021 WY 18 (Wyo. 2021). “Did the juvenile court abuse its discretion when it determined, pursuant to Wyo. Stat. Ann. § 14-2-309 (c)(v) (LexisNexis 2019), DFS was not required to make reasonable efforts to reunify Father and Child? FACTS [¶4] Child was born in 2014 to Father and RK (Mother).”
In Re Ndp, 2009 WY 73 (Wyo. 2009).
In the Interest of: SMD & SND, minor Child., TD v. The State of Wyoming, 2022 WY 24 (Wyo. 2022).
CP v. State, Dep't of Fam. Servs., 208 P.3d 614 (Wyo. 2009).
— Wyo. Stat. § 14-2-309(c) — 2 cases
In the Interest Of: Aa, a Minor Child, Ra v. The State of Wyoming, 2021 WY 18 (Wyo. 2021). “Did the juvenile court abuse its discretion when it determined, pursuant to Wyo. Stat. Ann. § 14-2-309 (c)(v) (LexisNexis 2019), DFS was not required to make reasonable efforts to reunify Father and Child? FACTS [¶4] Child was born in 2014 to Father and RK (Mother).”
Dunlap v. State (In re Bad), 446 P.3d 222 (Wyo. 2019). “[¶1] Appellant Cathy Ann Dunlap (Mother) challenges a district court decision terminating parental rights to three of her minor children pursuant to Wyo. Stat. Ann. § 14-2-309 (a)(iii) and (v) (LexisNexis 2019).”
— Wyo. Stat. § 14-2-309(c)(ii) — 1 case
In the Interest Of: Aa, a Minor Child, Ra v. The State of Wyoming, 2021 WY 18 (Wyo. 2021). “Did the juvenile court abuse its discretion when it determined, pursuant to Wyo. Stat. Ann. § 14-2-309 (c)(v) (LexisNexis 2019), DFS was not required to make reasonable efforts to reunify Father and Child? FACTS [¶4] Child was born in 2014 to Father and RK (Mother).”
— Wyo. Stat. § 14-2-309(c)(v) — 1 case
In the Interest Of: Aa, a Minor Child, Ra v. The State of Wyoming, 2021 WY 18 (Wyo. 2021). “Did the juvenile court abuse its discretion when it determined, pursuant to Wyo. Stat. Ann. § 14-2-309 (c)(v) (LexisNexis 2019), DFS was not required to make reasonable efforts to reunify Father and Child? FACTS [¶4] Child was born in 2014 to Father and RK (Mother).”
— Wyo. Stat. § 14-2-309(iv) — 1 case
In Interest of JG, 742 P.2d 770 (Wyo. 1987).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.