Wyo. Stat. » Wyo. Stat. / Title 14 - Children / Chapter 3 - PROTECTION / Article 4 - CHILD PROTECTION ACT

Wyo. Stat. § 14-3-405

Taking of child into custody; when permitted.

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(a) A child, or any other child residing in the same
household, may be taken into custody by a law enforcement
officer without a warrant or court order and without the consent
of the parents, guardians or others exercising temporary or
permanent control over the child when:
          (i) There are reasonable grounds to believe a child
is abandoned, lost, suffering from illness or injury or
seriously endangered by the child's surroundings and immediate
custody appears to be necessary for his protection;

          (ii) The child's conduct or behavior seriously
endangers himself and immediate custody appears necessary; or

          (iii) The child is as evidenced by an examination
being abused or neglected by a parent, guardian or legal
custodian, a member of the parent's, guardian's or legal
custodian's household or any other person known to the parent,
guardian or legal custodian.

     (b) A child may be taken into temporary protective custody
by a physician, physician's assistant or nurse practitioner
without a warrant or court order and without the consent of the
parents, guardians or others exercising temporary or permanent
control over the child when the physician, physician's assistant
or nurse practitioner treating the child, or a hospital in which
the child is being treated, finds that there is reasonable cause
to believe an imminent danger to the child's life, health or
safety exists unless the child is taken into protective custody,
whether or not additional medical treatment is required, and
there is not time to apply for a court order.

     (c) A district attorney may file an emergency petition, or
the department of family services, a local law enforcement
officer, an administrator of a hospital in which a child
reasonably believed to have been abused or neglected is being
treated, or any physician, physician's assistant or nurse
practitioner who treated the child may request the court for a
protective order. After considering the emergency petition or
request, the judge or commissioner, upon finding that there is
reasonable cause to believe that a child has been abused or
neglected and that the child, by continuing in his place of
residence or in the care and custody of the person responsible
for his health, safety and welfare, would be in imminent danger
of his life, health or safety, may:

          (i) Issue an ex parte order or search warrant. The
order shall place the child in the temporary protective custody
of the local child protection agency;

          (ii) Issue an emergency order or search warrant upon
application and hearing, authorizing ordinary or emergency care
of the child or authorizing a forensic examination to collect
evidence.

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

     (e) When necessary for the best interest or welfare of the
child in temporary protective custody, a court may order medical
or other necessary health care, including mental health and
substance abuse care, notwithstanding the absence of a prior
finding of child abuse or neglect.
Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 2001–2024 · leading case: In the Interest Of: Aa, a Minor Child, Ra v. The State of Wyoming
Sort: Relevance Newest Treatment
In the Interest Of: Aa, a Minor Child, Ra v. The State of Wyoming (2021) wyo · cites it 4× “]” [¶19] Section 14-3-208(a)(iii) states: (a) When a child is taken into temporary protective custody pursuant to W.S. 14-3-405(a) . . . [t]he local department of family services office shall: .”
In Re Drs (2011) wyo · cites it 11× “Before placing a child outside of the home, the court shall find by clear and convincing evidence that to return the child to the child's home would not be in the best interest of the child despite efforts that have been made; [¶ 22] In comparison, Wyo. Stat. Ann. § 14-3-405…”
In Re KLS (2004) wyo · cites it 4× “As a result of the allegation that Mother had abandoned KLS, and after failed attempts to contact Mother and Father, DFS took KLS into protective custody pursuant to Wyo. Stat. Ann. § 14-3-405 (LexisNexis 2003).”
In the Interest of: BG, minor child, NG v. The State of Wyoming (2023) wyo · cites it 4× “when: (i) [t]here are reasonable grounds to believe a child is abandoned, lost, suffering from illness or injury or seriously endangered by the child’s surroundings and immediate custody appears to be necessary for his protection”).”
In the Interest of JW v. State (2010) wyo · cites it 2× “(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…”
Lara v. State (2001) wyo · cites it 2× “Wyo. Stat. Ann. §§ 14-3-405 and 406 (LEXIS 1999).”
In the Interest of Rtb, Minor Child: Blb v. The State of Wyoming (2024) wyo · cites it 6× “Was [RTB] properly placed in protective custody pursuant to Wyo. Stat. Ann. § 14-3-405 ? II. Did the juvenile court err in ordering [RTB] to be placed in shelter care pursuant to Wyo.”
RS v. Department of Family Services (2004) wyo · cites it 4× “As a result of the allegation that Mother had abandoned KLS, and after failed attempts to contact Mother and Father, DFS took KLS into protective custody pursuant to Wyo. Stat. Ann. § 14-3-405 (LexisNexis 2003).”
RH v. State, Department of Family Services (2011) wyo · cites it 5× “14-8-405 (LexisNexis 2011) states: § 14-3-405. Taking of child into custody; when permitted.”
— Wyo. Stat. § 14-3-405(a) — 3 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.S. 14-3-405(a) . . . [t]he local department of family services office shall: .”
In the Interest of: BG, minor child, NG v. The State of Wyoming (2023) wyo “when: (i) [t]here are reasonable grounds to believe a child is abandoned, lost, suffering from illness or injury or seriously endangered by the child’s surroundings and immediate custody appears to be necessary for his protection”).”
In the Interest of JW v. State (2010) wyo “(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…”
— Wyo. Stat. § 14-3-405(c) — 2 cases
In Re Drs (2011) wyo “Before placing a child outside of the home, the court shall find by clear and convincing evidence that to return the child to the child's home would not be in the best interest of the child despite efforts that have been made; [¶ 22] In comparison, Wyo. Stat. Ann. § 14-3-405…”
RH v. State, Department of Family Services (2011) wyo “14-8-405 (LexisNexis 2011) states: § 14-3-405. Taking of child into custody; when permitted.”
— Wyo. Stat. § 14-3-405(e) — 1 case
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.S. 14-3-405(a) . . . [t]he local department of family services office shall: .”
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