Wyoming Statutes

Wyo. Stat. § 14-3-402 (2026)

Definitions.

✓ current as of May 2026
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(a)   As used in this act:

          (i) "Adjudication" means a finding by the court or
the jury, incorporated in a decree, as to the truth of the facts
alleged in the petition;

          (ii) "Adult" means an individual who has attained the
age of majority;

          (iii) "Child" means an individual who is under the
age of majority;

          (iv) "Clerk" means the clerk of a district court
acting as the clerk of a juvenile court;

          (v)    "Commissioner" means a district court
commissioner;
          (vi)    "Court" means the juvenile court established by
W.S. 5-8-101;

          (vii) "Custodian" means a person, institution or
agency responsible for the child's welfare and having legal
custody of a child by court order or having actual physical
custody and control of a child and acting in loco parentis;

          (viii) "Deprivation of custody" means transfer of
legal custody by the court from a parent or previous legal
custodian to another person, agency, organization or
institution;

          (ix)    "Judge" means the judge of the juvenile court;

          (x) "Legal custody" means a legal status created by
court order which vests in a custodian the right to have
physical custody of a minor, the right and duty to protect,
train and discipline a minor, the duty to provide him with food,
shelter, clothing, transportation, ordinary medical care,
education and in an emergency, the right and duty to authorize
surgery or other extraordinary medical care. The rights and
duties of legal custody are subject to the rights and duties of
the guardian of the person of the minor, and to residual
parental rights and duties;

          (xi)    "Minor" means an individual who is under the age
of majority;

          (xii)    "Neglected child" means a child:

               (A) Who has been subjected to neglect as defined
in W.S. 14-3-202(a)(vii);

               (B) Who has been subjected to abuse as defined
in W.S. 14-3-202(a)(ii).

                      (I)    Repealed By Laws 2005, ch. 236, § 4.

                      (II)    Repealed By Laws 2005, ch. 236, § 4.

                      (III)    Repealed By Laws 2005, ch. 236, § 4.

                      (IV)    Repealed By Laws 2005, ch. 236, § 4.

          (xiii) "Parent" means either a natural or adoptive
parent of the child, a person adjudged the parent of the child
in judicial proceedings or a man presumed to be the father under
W.S. 14-2-504;

          (xiv) "Parties" include the child, his parents,
guardian or custodian, the state of Wyoming and any other person
made a party by an order to appear, or named by the juvenile
court;

          (xv) "Protective supervision" means a legal status
created by court order following an adjudication of neglect,
whereby the child is permitted to remain in his home subject to
supervision by the department of family services, a county or
state probation officer or other qualified agency or individual
the court may designate;

          (xvi) "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.

          (xvii) "Shelter care" means the temporary care of a
child in physically unrestricting facilities pending court
disposition or execution of a court order for placement or
commitment;

          (xviii) "Ordinary medical care" means medical, dental
and vision examinations, routine medical, dental and vision
treatment and emergency surgical procedures, but does not
include nonemergency surgical procedures;

          (xix) "Temporary protective custody" means a legal
status created prior to a shelter care hearing when a court, law
enforcement officer, physician, physician's assistant or nurse
practitioner takes a child into protective custody pursuant to
W.S. 14-3-405. Temporary protective custody vests in a custodian
the duty to protect the child and arrange for the provision of
food, shelter, clothing, transportation, ordinary medical care
and education. Temporary protective custody shall be transferred
from the law enforcement officer, physician, physician's
assistant or nurse practitioner to the local child protection
agency as soon as practicable to facilitate such care. Temporary
protective custody divests the parent or custodian of his right
to the custody and control of the child;

          (xx) "Transportation" means as defined in W.S.
14-3-202(a)(xvii);

          (xxi) "Initial hearing" means a hearing held in
accordance with W.S. 14-3-426;

          (xxii) "Shelter care hearing" means a hearing held in
accordance with W.S. 14-3-409;

          (xxiii) "Transfer hearing" means a hearing held in
accordance with W.S. 14-6-237;

          (xxiv) "Another planned permanent 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;

          (xxv) "Qualified individual" means a person who meets
the requirements of 42 U.S.C. § 675a(c)(1)(D);

          (xxvi) "Qualified residential treatment program"
means a program that meets the requirements of 42 U.S.C.
§ 672(k)(4);

            (xxvii)   "This act" means W.S. 14-3-401 through 14-3-
441.
Notes of Decisions
Cited in 28 cases (4 in the last 5 years), 2003–2026 · leading case: In Re\ H\" Child.", 2003 WY 155 (Wyo. 2003).
In Re\ H\" Child.", 2003 WY 155 (Wyo. 2003). · cites it 17× “Did the juvenile court err in finding neglect under Wyo. Stat. Ann. § 14-3-402 (a)(xii)(A) (LexisNexis 2003)? [¶ 3] The fourth section of the appellant's brief contains some argument pertaining to issue number four above, but the bulk of the argument in that section is directed…”
TC & GC v. State (In re L-Mhb), 431 P.3d 560 (Wyo. 2018). · cites it 4× “" TC and GC argued that they only needed the mother's consent to the adoption because her parental rights had not been terminated, and thus, she retained the right to consent to the adoption pursuant to her residual parental rights under Wyo. Stat. Ann. § 14-3-402 . [¶5] The…”
FH v. State (In re Interest of ECH), 423 P.3d 295 (Wyo. 2018). · cites it 4× “But this reading of the statute disregards the plain and unambiguous *304 definition of "parent," which the Act defines as "either a natural or adoptive parent of the child, a person adjudged the parent of the child in judicial proceedings or a man presumed to be the father…”
Brittany Brown v. State, 2017 WY 45 (Wyo. 2017). · cites it 4× “]” Wyo. Stat. Ann. §§ 14-3-402 (a)(xiv) (LexisNexis 2016 Supp.”
Foltz v. State, 407 P.3d 398 (Wyo. 2017). · cites it 3× “While Wyoming law does not further define the catchall “other person” category, a “custodian” is defined as: “a person, institution or agency responsible for the child’s welfare and having legal custody of a child by court order or having actual physical custody and control of a…”
In the Interest of Hp, 2004 WY 82 (Wyo. 2004). · cites it 4× “” Wyo. Stat. Ann. § 14-3-402 (a)(i). By specifically stating that it “adjudicates” the matter, the juvenile court made a finding that the facts alleged in the petition were true.”
In the Interest of: DT & NT, Minor Child..<br /> ST v. State, 2017 WY 36 (Wyo. 2017). · cites it 2× “In her brief, Mother states: "The mother in this matter not only has personal standing to raise tins issue, but may have the 'right to petition on behalf of the [children]’ Wyo. Stat. Ann. § 14-3-402 (a)(xvi)(E).” However, Mother fails to provide any authority or legal analysis…”
In the Interest of JW v. State, 2010 WY 28 (Wyo. 2010). · cites it 4× “(xvi) "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.”
In Re Kls, 2004 WY 87 (Wyo. 2004). · cites it 2× “Father argues that his noncompliance with the case plan is immaterial because he claims he did not neglect KLS in the first place and, therefore, DFS could not force him to comply with the case plan.”
In the Interest of: BFW, a Minor Child, DW & KW v. State, 2017 WY 64 (Wyo. 2017). · cites it 2× “FACTS [¶3] The county attorney filed a juvenile petition alleging Appellant’s minor child had been neglected as defined under Wyo. Stat. Ann. § 14-3-402 (a)(xii)(A) and (B).”
DM v. State, 401 P.3d 949 (Wyo. 2017). · cites it 2× “Wyo. Stat. Ann. § 14-3-402 (a)(xvi) (Lexis-Nexis 2017).”
In Re Snk, 2003 WY 141 (Wyo. 2003). · cites it 2× “" Wyo. Stat. Ann. § 14-3-402 (a)(xiv) (LexisNexis 2003).”
— Wyo. Stat. § 14-3-402(A)(XII)(A) — 1 case
In Re\ H\" Child.", 2003 WY 155 (Wyo. 2003). “Did the juvenile court err in finding neglect under Wyo. Stat. Ann. § 14-3-402 (a)(xii)(A) (LexisNexis 2003)? [¶ 3] The fourth section of the appellant's brief contains some argument pertaining to issue number four above, but the bulk of the argument in that section is directed…”
— Wyo. Stat. § 14-3-402(a)(vii) — 2 cases
Foltz v. State, 407 P.3d 398 (Wyo. 2017). “While Wyoming law does not further define the catchall “other person” category, a “custodian” is defined as: “a person, institution or agency responsible for the child’s welfare and having legal custody of a child by court order or having actual physical custody and control of a…”
Hansen v. Hansen, 270 P.3d 531 (Utah 2012).
— Wyo. Stat. § 14-3-402(a)(xii) — 1 case
— Wyo. Stat. § 14-3-402(a)(xii)(A) — 1 case
DH v. Wyoming Dep't of Fam. Servs., 79 P.3d 997 (2003).
— Wyo. Stat. § 14-3-402(a)(xiv) — 2 cases
In Re Kls, 2004 WY 87 (Wyo. 2004). “Father argues that his noncompliance with the case plan is immaterial because he claims he did not neglect KLS in the first place and, therefore, DFS could not force him to comply with the case plan.”
RS v. Dep't of Fam. Servs., 94 P.3d 1021 (Wyo. 2004).
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.