Wyo. Stat. § 14-3-431

Duration of orders of disposition; termination

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of orders; permanency hearings; petition for termination of
parental rights.
     (a) An order of disposition shall remain in force for an
indefinite period until terminated by the court whenever it
appears the purpose of the order has been achieved and it is in
the child's best interest that he be discharged from further
court jurisdiction.

     (b) Unless sooner terminated by court order, all orders
issued under this act shall terminate with respect to a child
adjudicated neglected, when he reaches eighteen (18) years of
age unless the court has ordered care or services to continue
beyond that time. The court shall conduct a review hearing at
least six (6) months before the child reaches eighteen (18)
years of age to determine whether care or transitional services
should continue and for what period of time prior to the
individual reaching the age of twenty-one (21) years.

     (c) The court shall conduct a review hearing six (6)
months from the date of the child's removal from the home and
every six (6) months thereafter. If the child is placed in a
qualified residential treatment program, the department of
family services shall present to the court at the six (6) month
review hearing the information required under subparagraphs
(j)(iii)(A) through (D) of this section. At the six (6) month
review hearing the court shall review the case plan to
determine:

          (i)    The health and safety of the child;

          (ii)    The continuing necessity for the placement;

          (iii)    The appropriateness of the current placement;

          (iv) The reasonableness of efforts made to reunify
the family and the consistency of those efforts with the case
plan;

          (v) The appropriateness of the case plan and the
extent of compliance with the case plan including the permanent
placement of the child;

          (vi) If progress has been made toward alleviating or
mitigating the causes necessitating placement outside the home
and the extent of that progress; and

          (vii) The date the child is expected to be returned
to the home or placed for adoption or legal guardianship.
     (d) The court shall conduct a permanency hearing no later
than twelve (12) months from the date of the child's removal
from the home and not less than once every twelve (12) months
thereafter if the child remains in out-of-home placement or more
frequently as deemed necessary by the court.

     (e) If the court determines as provided in W.S.
14-2-309(a)(vi), (b) or (c) that reasonable efforts to preserve
and reunify the family are not required, a permanency hearing
shall be held for the child within thirty (30) days after the
determination.

     (f) At the permanency hearing, the court shall make
determinations of reasonable efforts as outlined in W.S.
14-3-440.

     (g) A permanency hearing is not required if the case was
dismissed, the child was not removed from the home or the child
was returned to the child's parent or guardian.

     (h) The permanency hearing may be combined with a hearing
required by other sections of this chapter if the hearing is
held within twelve (12) months from the date of the child's
removal from the home. If a permanency hearing is combined with
another hearing, the requirements of the court related to the
disposition of the other hearing shall be met in addition to the
requirements of this section.

     (j) At the permanency hearing, the department of family
services shall present to the court:

          (i)   Efforts made to:

               (A) Effectuate the permanency plan for the
child, address the options for the child's permanent placement,
examine the reasons for excluding other permanency options and
set forth the proposed plan to carry out the placement decision,
including specific times for achieving the permanency plan; and

               (B) Ensure the child be provided, to the
greatest extent possible, the opportunity to participate in age
appropriate or developmentally appropriate activities and
experiences as defined in W.S. 14-13-101(a)(i) to promote
healthy child and adolescent development consistent with W.S.
14-13-101 through 14-13-104.
          (ii) If the permanency plan is classified as another
planned permanent living arrangement:

               (A) A compelling reason for establishing another
planned permanent living arrangement; and

               (B) Documentation of the ongoing and
unsuccessful efforts to return the child home, place the child
for adoption or with a legal guardian or a fit and willing
relative for purposes of guardianship or adoption, including
evidence of efforts to use social media or other search
technology to find biological family members for the child.

          (iii) If the child is placed in a qualified
residential treatment program:

               (A) Information to show that ongoing assessment
of the child's strengths and needs continues to support the
determination that placement in a qualified residential
treatment program provides the most effective and appropriate
level of care for the child in the least restrictive environment
consistent with the short-term and long-term goals of the child
and the child's permanency plan;

               (B) The specific treatment needs that will be
met for the child in the placement;

               (C) The length of time the child is expected to
remain in the placement;

               (D) The efforts made by the department of family
services to prepare the child to return home or be placed for
adoption or legal guardianship.

     (k)   At the permanency hearing, the court shall:

          (i) Determine whether the permanency plan is in the
best interest of the child and whether the department of family
services has made reasonable efforts to finalize the plan;

          (ii) Order the department of family services to take
any additional steps necessary to effectuate the terms of the
permanency plan;

          (iii) Ask the child about his desired permanency
outcome if it is determined that the child should be present at
the hearing;
          (iv) Ask the child's guardian ad litem or other legal
representative about the child's desired permanency outcome if
it is determined inappropriate for the child to be present at
the hearing;

          (v) If the permanency plan is classified as another
planned permanent living arrangement:

               (A) Make a judicial determination and explain
why, as of the date of the hearing, another planned permanent
living arrangement is the best permanency plan for the child;
and

               (B) Provide reasons why it continues not to be
in the best interest of the child to return home or be placed
for adoption or with a legal guardian or a fit and willing
relative for purposes of guardianship or adoption.

          (vi) Require that the child be provided, to the
greatest extent possible, the opportunity to participate in age
appropriate or developmentally appropriate activities and
experiences as defined in W.S. 14-13-101(a)(i) to promote
healthy child and adolescent development consistent with W.S.
14-13-101 through 14-13-104.

     (m) When a child has been placed in foster care under the
responsibility of the state for fifteen (15) of the most recent
twenty-two (22) months the state shall file a petition to
terminate parental rights or seek to be joined as a party to the
petition if a petition has been filed by another party, unless:

          (i)   The child is in the care of a relative;

          (ii) The state agency has documented in the case plan
a compelling reason for determining that filing the petition is
not in the best interest of the child; or

          (iii) The state agency has not provided services to
the child's family deemed to be necessary for the safe return of
the child to the home, if reasonable efforts described in W.S.
14-3-440 are required to be made.

     (n) Concurrently with the filing of a petition under
subsection (m) of this section, the state agency shall identify,
recruit, process and approve a qualified family for adoption of
the child.
     (o) A petition to terminate parental rights shall be filed
within sixty (60) days of a judicial determination that
reasonable efforts to reunify the child and parent are not
required pursuant to W.S. 14-2-309(a)(vi), (b) or (c).

     (p) A termination of parental rights hearing shall be held
within ninety (90) days of the filing of the termination
petition unless continued by the court for good cause shown.

     (q) At each of the review hearings, the court shall enter
findings on the record pursuant to subsection (c) of this
section.
Notes of Decisions
Cited in 43 cases (19 in the last 5 years), 2003–2026 · leading case: In the Interest of: DT and NT, Minor Children.<br /> ST v. State
In the Interest of: DT and NT, Minor Children.<br /> ST v. State (2017) wyo · cites it 8× “The court ordered that the legal custody of DT and NT would remain with the State, the physical custody would remain with Grandmother, and DFS could cease reunification efforts and would be required to proceed with a plan that focused on adoption.”
In the Interest of: BG, minor child, RH v. The State of Wyoming (2019) wyo · cites it 21× “The juvenile court held that it retained jurisdiction over BG under Wyo. Stat. Ann. § 14-3-431 (b), which allows a juvenile court to retain jurisdiction over a child adjudicated neglected once they reach 18 years of age if certain requirements are met.”
FH v. State (In re Interest of ECH) (2018) wyo · cites it 6× “Wyo. Stat. Ann. § 14-3-431 (m) (LexisNexis 2017).”
In the Interest of Hp (2004) wyo · cites it 9× “Wyo. Stat. Ann. § 14-3-431 (e). These criteria help the court determine the appropriateness of its disposition, and it appears that it is in this context, that the juvenile court made the findings Mother claims were in error.”
GS v. State (In re Interest of VS) (2018) wyo · cites it 4× “] Wyo. Stat. Ann. § 14-3-440 (LexisNexis 2017) governs reunification efforts: (a) Except as provided in W.”
DM v. State (2017) wyo · cites it 6× “Wyo. Stat. Ann. § 14-3-431 (k) (LexisNexis 2017).”
In the Interest Of: RR, KR and RR, Minor Children, FR v. The State of Wyoming (2021) wyo · cites it 3× “(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…”
In the Matter of the Termination of Parental Rights to AGS and AMLD, Minor Children. SAS (2014) wyo · cites it 4× “Wyo. Stat. Ann. § 14-3-431 (k). The termination proceedings cannot be commenced in the juvenile court, but instead must be brought in district court.”
In the Interest of: JN, Minor Child, RN v. The State of Wyoming (2023) wyo · cites it 7× “[¶11] Wyoming Statute § 14-3-431(k)(i) states the juvenile court “shall” determine “whether the department of family services has made reasonable efforts to finalize the plan[.]” (Emphasis added).”
In Re\ H\" Children" (2003) wyo · cites it 4× “] Further, Wyo. Stat. Ann. § 14-3-431 (c) (LexisNexis 2003) mandates that the juvenile court: shall conduct a review hearing six (6) months from the date of the child's removal from the home, twelve (12) months from the date of the child's removal from the home, and not less…”
TW v. State (In re JW) (2018) wyo · cites it 4× “See generally Wyo. Stat. Ann. §§ 14-3-431 (c), (d), (k) ; § 14-3-440 (LexisNexis 2017).”
Dunlap v. State (In re Bad) (2019) wyo · cites it 3× “Wyo. Stat. Ann. § 14-3-431 (emphasis added).”
— Wyo. Stat. § 14-3-431(b) — 1 case
In the Interest of: BG, minor child, RH v. The State of Wyoming (2019) wyo “The juvenile court held that it retained jurisdiction over BG under Wyo. Stat. Ann. § 14-3-431 (b), which allows a juvenile court to retain jurisdiction over a child adjudicated neglected once they reach 18 years of age if certain requirements are met.”
— Wyo. Stat. § 14-3-431(c) — 1 case
In Re\ H\" Children" (2003) wyo “] Further, Wyo. Stat. Ann. § 14-3-431 (c) (LexisNexis 2003) mandates that the juvenile court: shall conduct a review hearing six (6) months from the date of the child's removal from the home, twelve (12) months from the date of the child's removal from the home, and not less…”
— Wyo. Stat. § 14-3-431(c)(iv) — 1 case
— Wyo. Stat. § 14-3-431(c)(v) — 1 case
In the Interest of Hp (2004) wyo “Wyo. Stat. Ann. § 14-3-431 (e). These criteria help the court determine the appropriateness of its disposition, and it appears that it is in this context, that the juvenile court made the findings Mother claims were in error.”
— Wyo. Stat. § 14-3-431(d) — 6 cases
GS v. State (In re Interest of VS) (2018) wyo “] Wyo. Stat. Ann. § 14-3-440 (LexisNexis 2017) governs reunification efforts: (a) Except as provided in W.”
In the Interest Of: RR, KR and RR, Minor Children, FR v. The State of Wyoming (2021) wyo “(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…”
In Re Ndp (2009) wyo
In Re\ H\" Children" (2003) wyo “] Further, Wyo. Stat. Ann. § 14-3-431 (c) (LexisNexis 2003) mandates that the juvenile court: shall conduct a review hearing six (6) months from the date of the child's removal from the home, twelve (12) months from the date of the child's removal from the home, and not less…”
— Wyo. Stat. § 14-3-431(k) — 1 case
GS v. State (In re Interest of VS) (2018) wyo “] Wyo. Stat. Ann. § 14-3-440 (LexisNexis 2017) governs reunification efforts: (a) Except as provided in W.”
— Wyo. Stat. § 14-3-431(k)(i) — 1 case
In the Interest of: JN, Minor Child, RN v. The State of Wyoming (2023) wyo “[¶11] Wyoming Statute § 14-3-431(k)(i) states the juvenile court “shall” determine “whether the department of family services has made reasonable efforts to finalize the plan[.]” (Emphasis added).”
— Wyo. Stat. § 14-3-431(m) — 4 cases
In the Interest Of: RR, KR and RR, Minor Children, FR v. The State of Wyoming (2021) wyo “(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…”
Dunlap v. State (In re Bad) (2019) wyo “Wyo. Stat. Ann. § 14-3-431 (emphasis added).”
In Re Drt (2010) wyo
— Wyo. Stat. § 14-3-431(m)(i) — 1 case
— Wyo. Stat. § 14-3-431(p) — 1 case
In the Matter of the Termination of Parental Rights to AGS and AMLD, Minor Children. SAS (2014) wyo “Wyo. Stat. Ann. § 14-3-431 (k). The termination proceedings cannot be commenced in the juvenile court, but instead must be brought in district court.”
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