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

Wyo. Stat. § 14-3-428

Abeyance of proceedings by consent decree; term

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of decree; reinstatement of proceedings; effect of discharge or
completing term.

     (a) At any time after the filing of a petition alleging a
child to be neglected and before adjudication, the court may
issue a consent decree ordering further proceedings held in
abeyance. The placement of the child is subject to the terms,
conditions and stipulations agreed to by the parties affected in
accordance with W.S. 14-3-429. The consent decree shall not be
entered without the consent of the district attorney, the
child's guardian ad litem and the parents. Modifications to an
existing consent decree may be allowed.

     (b) The consent decree shall be in writing and copies
given to all parties. The decree shall include the case plan for
the family.

     (c) A consent decree, if the child remains within the
home, shall be in force for the period agreed upon by the
parties unless sooner terminated by the court.

     (d) If the child is placed outside the home, a consent
decree shall be in force for the period agreed upon by the
parties but not longer than six (6) months unless sooner
terminated by the court. For good cause the court may grant one
(1) extension of the consent decree for no longer than six (6)
months.
     (e) If a consent decree is in effect and the child is in
placement, the court shall hold review hearings as provided by
W.S. 14-3-431.

     (f) If prior to discharge by the court or expiration of
the consent decree, the parents or guardian of a child alleged
to be neglected fail to fulfill the terms and conditions of the
decree or a new petition is filed alleging the child to be
neglected, the original petition and proceeding may be
reinstated upon order of the court after hearing, and the court
may proceed as though the consent decree had never been entered.
If, as part of the consent decree, the parents or guardian made
an admission to any of the allegations contained in the original
petition, that admission shall be entered only if the court
orders that the original petition and proceeding be reinstated
and the admissions, if any, be entered. If the admission is
entered, the court may proceed to disposition pursuant to W.S.
14-3-426.

     (g) Parties discharged by the court under a consent decree
without reinstatement of the original petition and proceeding
shall not thereafter be proceeded against in any court for the
same misconduct alleged in the original petition except
concurrent criminal allegations or charges against a person
accused to have abused or neglected a child shall not be
affected by a consent decree.
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 2009–2021 · leading case: In the Interest Of: RR, KR and RR, Minor Children, FR v. The State of Wyoming
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In the Interest Of: RR, KR and RR, Minor Children, FR v. The State of Wyoming (2021) wyo · cites it 6× “Wyo. Stat. Ann. § 14-3-428 (LexisNexis 2021).”
MR v. State (2015) wyo · cites it 5× “[T23] It is true that if the consent decree had expired on July 10, 2014 without any complaint that Mother or Father had violated its terms and conditions, the juvenile court would have been compelled by the decree's terms and Wyo. Stat. Ann. § 14-3-428 (c), (f), (g) to…”
In the Interest of: DJS-Y and APY, Minor Children, CY v. State (2017) wyo · cites it 6× “In our discussion in that case, we observed that if the consent decree had expired on [the date specified in the consent decree] without any complaint that Mother or Father had violated its terms and conditions, the juvenile court would have been compelled by the decree’s terms…”
In the Matter of the Termination of Parental Rights To: GAC, a Minor Child. Krystal Kaylynn Cave v. State of Wyoming, De (2017) wyo · cites it 2× “Consent decrees are governed by Wyo. Stat. Ann. § 14-3-428 (LexisNexis 2015).”
KC v. State (2015) wyo · cites it 2× “[T10] Because of these violations of the case plan, the State moved that the consent decree be set aside and that an adjudication of neglect be entered pursuant to Wyo. Stat. Ann. § 14-3-428 (f) in December of 2018.”
In Re Ndp (2009) wyo · cites it 4× “Mother admitted the neglect allegations, but the finding of neglect was held in abeyance pending her compliance with the consent decree pursuant to Wyo. Stat. Ann. § 14-3-428 (LexisNexis 2007).”
In the Interest of NP, a minor child. CP v. State (2017) wyo · cites it 2× “Wyo. Stat. Ann. § 14-3-428 (b) (LexisNexis 2015).”
CP v. State, Department of Family Services (2009) wyo · cites it 2× “Section 14-3-428 states: (a) At any time after the filing of a petition alleging a child to be neglected and before adjudication, the court may issue a consent decree ordering further proceedings held in abeyance.”
— Wyo. Stat. § 14-3-428(f) — 1 case
MR v. State (2015) wyo “[T23] It is true that if the consent decree had expired on July 10, 2014 without any complaint that Mother or Father had violated its terms and conditions, the juvenile court would have been compelled by the decree's terms and Wyo. Stat. Ann. § 14-3-428 (c), (f), (g) to…”
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