Wyo. Stat. § 14-3-208

Temporary protective custody; order; time

Find cases: SyfertCases citing this section WY-LEGwyoleg.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

limitation; remedial health care.

     (a) When a child is taken into temporary protective
custody pursuant to W.S. 14-3-405(a) and (b), the person taking
custody shall immediately notify the local department of family
services office and place or transfer temporary protective
custody to the local department of family services office as
soon as practicable. The local department of family services
office shall:

          (i)   Accept physical custody of the child;

          (ii) Make reasonable efforts to inform the parent,
noncustodial parent or other person responsible for the child's
welfare that the child has been taken into temporary protective
custody, unless otherwise ordered by a court of competent
jurisdiction;

          (iii) Arrange for care and supervision of the child
in the most appropriate and least restrictive setting necessary
to meet the child's needs, including foster homes or other child
care facilities certified by the department or approved by the
court. When it is in the best interest of the child, the
department shall place the child with the child's noncustodial
birth parent or with the child's extended family, including
adult siblings, grandparents, great-grandparents, aunts or
uncles. Prior to approving placement with the child's
noncustodial birth parent or extended family, the department
shall determine whether anyone living in the home has been
convicted of a crime involving serious harm to children or has a
substantiated case listed on the central registry established
pursuant to W.S. 14-3-213. The department may leave the child in
the care of a physician or hospital when necessary to ensure the
child receives proper care. A neglected child shall not be
placed in a jail or detention facility other than for a
delinquent act;

           (iv)    Initiate an investigation of the allegations;
and

          (v) Assess the child's mental and physical needs,
provide for the child's ordinary and emergency medical care and
seek emergency court authorization for any extraordinary medical
care that is needed prior to the shelter care hearing.

     (b) The law enforcement or medical provider shall promptly
notify the court and the district attorney of any child taken
into temporary protective custody and placed in its care
pursuant to W.S. 14-3-405 without a court order.

     (c) Temporary protective custody shall not exceed forty-
eight (48) hours, excluding weekends and legal holidays.

     (d) When the court orders the child into the legal custody
of the department pursuant to W.S. 14-3-409(d) or 14-3-429, the
department shall:

           (i)    Accept legal custody of the child;

          (ii) Continue or arrange for, care, transportation
and supervision of the child as provided in paragraph (a)(iii)
of this section;

          (iii) Assess the child's mental and physical health
needs and provide for the child's ordinary and emergency medical
care;

          (iv) Arrange for the provision of the education of
the child, including participation in individualized education
or developmental services;

          (v) Participate in multidisciplinary team meetings to
develop treatment recommendations for the child;

          (vi) Perform any other duties ordered by the court
relating to the care or custody of the child.

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 1983–2024 · leading case: In the Interest of: BG, minor child, NG v. The State of Wyoming

Sort: Relevance Newest Treatment

In the Interest of: BG, minor child, NG v. The State of Wyoming (2023) wyo · cites it 8× “Wyo. Stat. Ann. § 14-3-208 states: (a) When a child is taken into temporary protective custody pursuant to W.”

In the Interest of JW v. State (2010) wyo · cites it 10× “A secondary effect was to eliminate Mother's brother and his wife, who we will refer to as Uncle and Aunt, as the alternative, "kinship" placement for the children as provided for under Wyo. Stat. Ann. § 14-3-208 (a)(iii) (LexisNexis 2009), as well as applicable federal statutes…”

In the Interest Of: Aa, a Minor Child, Ra v. The State of Wyoming (2021) wyo · cites it 3× “]” [¶19] Section 14-3-208(a)(iii) states: (a) When a child is taken into temporary protective custody pursuant to W.”

Goldade v. State (1983) wyo · cites it 2× “Furthermore, § 14-3-208(a), W.S. 1977, manifests a significant reliance upon medical personnel in dealing with child abuse in the following provision: "When a physician treating a child or a medical staff member of a hospital in which a child is being treated has reasonable…”

Michael v. Hertzler (1995) wyo · cites it 2× “Protective custody, on a temporary basis is provided for abused or neglected children by Wyo.Stat. § 14-3-208. Illicit sexual relations with children and immodest, immoral, or indecent liberties with children are prohibited under Wyo.”

In the Matter of the Termination of Parental Rights To HLL and KGS, Minor Children: CLB v. State of Wyoming, Department (2016) wyo “§ 14-3-208. The juvenile court 1 adjudicated that Mother had abused and neglected the children, Criminal charges were also brought, and Mother was again convicted of felony child abuse.”

In the Interest Of: SK, MK, SK, SK and WM, minor children, MK v. The State of Wyoming (2024) wyo · cites it 2× “DFS had an obligation to assess Mother’s fitness for placement, by employing the ICPC 5 Mother objected to out-of-home placement in MDT meetings but did not raise this issue or mention due process to the juvenile court below.”

PL v. Johnson County Department of Public Assistance & Social Services (1988) wyo “While the temporary protective custody provision contained in W.S. 14-3-208(c) only envisions the temporary-care time frame of seventy-two hours, appellant has not on appeal nor at the trial level challenged the initial temporary protective custody order or the two orders which…”

— Wyo. Stat. § 14-3-208(a) — 1 case

Goldade v. State (1983) wyo “Furthermore, § 14-3-208(a), W.S. 1977, manifests a significant reliance upon medical personnel in dealing with child abuse in the following provision: "When a physician treating a child or a medical staff member of a hospital in which a child is being treated has reasonable…”

— Wyo. Stat. § 14-3-208(a)(iii) — 2 cases

In the Interest Of: Aa, a Minor Child, Ra v. The State of Wyoming (2021) wyo “]” [¶19] Section 14-3-208(a)(iii) states: (a) When a child is taken into temporary protective custody pursuant to W.”

In the Interest of: BG, minor child, NG v. The State of Wyoming (2023) wyo “Wyo. Stat. Ann. § 14-3-208 states: (a) When a child is taken into temporary protective custody pursuant to W.”

— Wyo. Stat. § 14-3-208(c) — 1 case

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.