Protection
Wyo. Stat. Ann. tit. 14, ch. 3
in effectWyo. Stat. Ann. § 14-3-102 Repealed by Laws 1982, ch. 75, § 5; 1983, ch. 171, § 3.
Wyo. Stat. Ann. § 14-3-103 Repealed by Laws 1982, ch. 75, § 5; 1983, ch. 171, § 3.
Wyo. Stat. Ann. § 14-3-104 Repealed By Laws 2007, Ch. 159, § 3.
Wyo. Stat. Ann. § 14-3-105 Repealed By Laws 2007, Ch. 159, § 3.
Wyo. Stat. Ann. § 14-3-106 Repealed By Laws 2007, Ch. 159, § 3.
Wyo. Stat. Ann. § 14-3-107 Performing body-art on persons who have not reached the age of majority; penalties; definition.
(a) No person shall knowingly perform body-art upon or under the skin of a person who has not reached the age of majority, except with the consent of the person's parent or legal guardian who is present at the time the body-art procedure is performed upon the person. The person performing the body-art procedure shall demand proof of age prior to administering the body-art procedure upon the person. A motor vehicle driver's license, a registration card issued under the federal Selective Service Act, an identification card issued to a member of the armed forces, a valid United States passport, a tribal identification card issued by the governing body of the Eastern Shoshone Tribe or the Northern Arapaho Tribe or an identification card issued by the department of transportation is prima facie evidence of the age and identity of the person. Proof that the person performing the body-art procedure demanded, was shown and acted in reasonable reliance upon the information contained in any one (1) of the above documents as identification and proof of age is a defense to any criminal prosecution under this section.
(b) Any person violating this section is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.
(c) As used in this section:
(i) "Body-art" means the practice of physical body adornment utilizing body piercing, branding, scarification, sculpting or tattooing. This definition does not include practices conducted under the supervision of a physician licensed to practice medicine under Wyoming law nor does this definition include piercing of the outer perimeter or lobe of the ear by means of sterilized stud-and-clasp ear piercing systems;
(ii) "Body piercing" means any puncturing or penetration of the skin or mucosa of a person and the insertion of jewelry or other adornment in the opening;
(iii) "Branding" means any invasive procedure in which a permanent mark is burned into or onto the skin using either temperature, mechanical or chemical means;
(iv) "Scarification" means any invasive procedure in which the intended result is the production of scar tissue on the surface of the skin;
(v) "Sculpting" means any modification of the skin, mucosa, cartilage or tissue of the body for nonmedical purposes;
(vi) "Tattoo" means any indelible design, letter, scroll, figure, symbol or any other mark placed upon or under the skin with ink or colors, by the aid of needles or other instruments.
Wyo. Stat. Ann. § 14-3-108 Use of ultraviolet tanning devices by persons who have not reached the age of majority; presence required; consent required; penalty.
(a) No person other than the minor's parent or legal guardian shall knowingly allow a minor who has not reached fifteen (15) years of age to use an ultraviolet tanning device, unless the minor's parent or legal guardian consents in writing to the use and is present the entire time of use. No person shall knowingly allow a minor age fifteen (15) years to the age of majority to use an ultraviolet tanning device, except with written consent obtained from the minor's parent or legal guardian. Any person other than the minor's parent or legal guardian allowing the use of an ultraviolet tanning device by a minor shall demand proof of age prior to allowing the use of an ultraviolet tanning device. A motor vehicle driver's license, a registration card issued under the federal Selective Service Act, an identification card issued to a member of the armed forces, a valid United States passport, a tribal identification card issued by the governing body of the Eastern Shoshone Tribe or the Northern Arapaho Tribe or an identification card issued by the department of transportation is prima facie evidence of the age and identity under this section. Proof that the person allowing the use of the ultraviolet tanning device demanded, was shown and acted in reasonable reliance upon the information contained in any one (1) of the above documents as identification and proof of age is a defense to any criminal prosecution under this section.
(b) Any person violating this section is guilty of a misdemeanor punishable by a fine of not more than two hundred fifty dollars ($250.00).
(c) As used in this section:
(i) "Consent" means that the parent or legal guardian appears at the first time the minor uses the ultraviolet tanning device and signs a written consent form in the presence of the owner or an employee of the facility. The minor's parent or legal guardian may withdraw this consent at any time. Unless so withdrawn, this consent shall be valid for twelve (12) months from the date the written consent form is signed. The parent or legal guardian must repeat the written consent process annually until the minor reaches the age of majority;
(ii) "Present" means being physically present at the facility at which the tanning device is being used, but does not require the presence in the tanning room or booth being used;
(iii) "Ultraviolet tanning device" means equipment that emits electromagnetic radiation with wavelengths in the air between two hundred (200) and four hundred (400) nanometers used for tanning of the skin, including, but not limited to, a sunlamp, tanning booth or tanning bed, but does not include equipment that emits ultraviolet radiation used by a health care professional in the treatment of disease or used pursuant to a prescription.
Wyo. Stat. Ann. § 14-3-201 Purpose.
(a) The purpose of W.S. 14-3-201 through 14-3-216 is to delineate the responsibilities of the state agency, other governmental agencies or officials, professionals and citizens to intervene on behalf of a child suspected of being abused or neglected, to protect the best interest of the child, to further offer protective services when necessary in order to prevent any harm to the child or any other children living in the home, to protect children from abuse or neglect which jeopardize their health or welfare, to stabilize the home environment, to preserve family life whenever possible and to provide permanency for the child in appropriate circumstances. The child's health, safety and welfare shall be of paramount concern in implementing and enforcing this article.
(b) If a child suspected of being abused or neglected is an Indian child as defined by W.S. 14-6-702(a)(iv), the state agency and other governmental agencies or officials charged with implementing and enforcing this article shall comply with the Wyoming Indian Child Welfare Act. If any provision of this article conflicts with the Wyoming Indian Child Welfare Act for addressing an allegation of abuse or neglect of an Indian child, the Wyoming Indian Child Welfare Act shall control.
Wyo. Stat. Ann. § 14-3-202 Definitions.
(a) As used in W.S. 14-3-201 through 14-3-216:
(i) "A person responsible for a child's welfare" includes the child's parent, noncustodial parent, guardian, custodian, stepparent, foster parent or other person, institution or agency having the physical custody or control of the child;
(ii) "Abuse" means inflicting or causing physical or mental injury, harm or imminent danger to the physical or mental health or welfare of a child other than by accidental means, including abandonment, unless the abandonment is a relinquishment substantially in accordance with W.S. 14-11-101 through 14-11-109, excessive or unreasonable corporal punishment, malnutrition or substantial risk thereof by reason of intentional or unintentional neglect, and the commission or allowing the commission of a sexual offense against a child as defined by law:
(A) "Mental injury" means an injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in his ability to function within a normal range of performance and behavior with due regard to his culture;
(B) "Physical injury" means any harm to a child including but not limited to disfigurement, impairment of any bodily organ, skin bruising if greater in magnitude than minor bruising associated with reasonable corporal punishment, bleeding, burns, fracture of any bone, subdural hematoma or substantial malnutrition;
(C) "Substantial risk" means a strong possibility as contrasted with a remote or insignificant possibility;
(D) "Imminent danger" includes threatened harm and means a statement, overt act, condition or status which represents an immediate and substantial risk of sexual abuse or physical or mental injury. "Imminent danger" includes violation of W.S. 31-5-233(m).
(iii) "Child" means any person under the age of eighteen (18);
(iv) "Child protective agency" means the field or regional offices of the department of family services;
(v) "Court proceedings" means child protective proceedings which have as their purpose the protection of a child through an adjudication of whether the child is abused or neglected, and the making of an appropriate order of disposition;
(vi) "Institutional child abuse and neglect" means situations of child abuse or neglect where a foster home or other public or private residential home, institution or agency is responsible for the child's welfare;
(vii) "Neglect" means a failure or refusal by those responsible for the child's welfare to provide adequate care, maintenance, supervision, education or medical, surgical or any other care necessary for the child's well being. "Neglect" for purposes of "education" as used in this paragraph includes willful absenteeism as defined in W.S. 21-4-101(a)(vii). Treatment given in good faith by spiritual means alone, through prayer, by a duly accredited practitioner in accordance with the tenets and practices of a recognized church or religious denomination is not child neglect for that reason alone;
(viii) "State agency" means the state department of family services;
(ix) "Subject of the report" means any child reported under W.S. 14-3-201 through 14-3-216 or the child's parent, guardian or other person responsible for the child's welfare;
(x) "Unsubstantiated report" means any report made pursuant to W.S. 14-3-201 through 14-3-216 that, upon investigation, is not supported by a preponderance of the evidence;
(xi) "Substantiated report" means any report of child abuse or neglect made pursuant to W.S. 14-3-201 through 14-3-216 that, upon investigation, is supported by a preponderance of the evidence;
(xii) Repealed by Laws 2002, Ch. 86, § 3.
(xiii) Repealed By Laws 2002, Ch. 86, § 3.
(xiv) Repealed By Laws 2002, Ch. 86, § 3.
(xv) "Collaborative" means the interagency children's collaborative created by W.S. 14-3-215;
(xvi) "Department" means the state department of family services and its local offices;
(xvii) "Transportation" means the provision of a means to convey the child from one place to another by the custodian or someone acting on his behalf in the performance of required duties, but does not require the state to provide incidental travel or to purchase a motor vehicle for the child's own use to travel.
Wyo. Stat. Ann. § 14-3-203 Duties of state agency; on-call services.
(a) The state agency shall:
(i) Administer W.S. 14-3-201 through 14-3-215;
(ii) Be responsible for strengthening and improving state and community efforts toward the prevention, identification and treatment of child abuse and neglect in the state; and
(iii) Refer any person or family seeking assistance in meeting child care responsibilities, whether or not the problem presented by the person or family is child abuse or neglect, to appropriate community resources, agencies, services or facilities.
(iv) Repealed By Laws 2005, ch. 236, § 4.
(b) The state agency may contract for assistance in providing on-call services. The assistance may include screening protection calls, making appropriate referrals to law enforcement and the agency, and maintaining a record of calls and referrals. Contractors shall have training in child protection services.
(c) The state agency shall ensure that all child protective service workers are trained:
(i) In the principles of family centered practice that focus on providing services to the entire family to achieve the goals of safety and permanency for children, including balancing the best interests of children with the rights of parents;
(ii) In the duty of the workers to inform the individual subject to a child abuse or neglect allegation, at the earliest opportunity during the initial contact, of the specific complaints or allegations made against the individual;
(iii) Concerning constitutional and statutory rights of children and families from and after the initial time of contact and the worker's legal duty not to violate the constitutional and statutory rights of children and families from and after the initial time of contact;
(iv) To know the state's legal definitions of physical abuse, sexual abuse, neglect, dependency and endangerment;
(v) To know the provisions of federal and state laws governing child welfare practice, including but not limited to the Adoption and Safe Families Act, Indian Child Welfare Act, the Wyoming Indian Child Welfare Act, Multi-Ethnic Placement Act, the Child Abuse Prevention Treatment Act and the Family First Prevention Services Act, as amended;
(vi) To make reasonable efforts to determine if the person responsible for the welfare of a child in a suspected case of child abuse or neglect is a member of the armed forces or if the child is enrolled in the defense enrollment eligibility reporting system of the United States department of defense.
Wyo. Stat. Ann. § 14-3-204 Duties of local child protective agency.
(a) The local child protective agency shall:
(i) Repealed by Laws 2017, ch. 179, § 2.
(ii) Receive, assess, investigate or arrange for investigation and coordinate investigation or assessment of all reports of known or suspected child abuse or neglect;
(iii) Within twenty-four (24) hours after notification of a suspected case of child abuse or neglect, initiate an investigation or assessment to verify every report. The representative of the child protective agency shall, at the initial time of contact with the individual subject to a child abuse and neglect investigation or assessment, advise the individual of the specific complaints or allegations made against the individual. A thorough investigation or assessment and report of child abuse or neglect shall be made in the manner and time prescribed by the state agency pursuant to rules and regulations adopted in accordance with the Wyoming Administrative Procedure Act. If the child protective agency is denied reasonable access to a child by a parent or other persons and the agency deems that the best interest of the child so requires, it shall seek an appropriate court order by ex parte proceedings or other appropriate proceedings to see the child. The child protective agency shall assign a report:
(A) For investigation when allegations contained in the report indicate:
(I) That criminal charges could be filed, the child appears to be in imminent danger and it is likely the child will need to be removed from the home; or
(II) A child fatality, major injury or sexual abuse has occurred.
(B) For assessment when the report does not meet the criteria of subparagraph (A) of this paragraph.
(iv) If the investigation or assessment discloses that abuse or neglect is present, initiate services with the family of the abused or neglected child to assist in resolving problems that lead to or caused the child abuse or neglect;
(v) If the child protective agency is able through investigation to substantiate a case of abuse or neglect, it shall notify the person suspected of causing the abuse or neglect by first class mail to his last known address of his right to request a hearing on the agency's determination for a final determination before the office of administrative hearings pursuant to the Wyoming Administrative Procedure Act;
(vi) Make reasonable efforts to contact the noncustodial parent of the child and inform the parent of substantiated abuse or neglect in high risk or moderate risk cases as determined pursuant to rules and regulations of the state agency and inform the parent of any proposed action to be taken;
(vii) Cooperate, coordinate and assist with the prosecution and law enforcement agencies;
(viii) When the best interest of the child requires court action, contact the county and prosecuting attorney to initiate legal proceedings and assist the county and prosecuting attorney during the proceedings. If the county attorney elects not to bring court action the local child protective agency may petition the court for appointment of a guardian ad litem who shall act in the best interest of the child and who may petition the court to direct the county attorney to show cause why an action should not be commenced under W.S. 14-3-401 through 14-3-439;
(ix) Refer a child receiving department services who is under the age of six (6) years to the department of health, division of developmental disabilities preschool program for educational and developmental screening and assessment; and
(x) Make reasonable efforts to determine if the person responsible for the welfare of a child in a suspected case of child abuse or neglect is a member of the armed forces or if the child is enrolled in the defense enrollment eligibility reporting system of the United States department of defense.
(b) The local child protective agency may appeal an adverse determination of the office of administrative hearings.
Wyo. Stat. Ann. § 14-3-205 Child abuse or neglect; persons required to report.
(a) Any person who knows or has reasonable cause to believe or suspect that a child has been abused or neglected or who observes any child being subjected to conditions or circumstances that would reasonably result in abuse or neglect, shall immediately report it to the child protective agency or local law enforcement agency or cause a report to be made. The fact a child, who is at least sixteen (16) years of age, is homeless as defined in W.S. 14-1-102(d) shall not, in and of itself, constitute a sufficient basis for reporting neglect. Female genital mutilation under W.S. 6-2-502(a)(v) when the victim is a minor shall be considered child abuse for mandatory reporting under this section.
(b) If a person reporting child abuse or neglect is a member of the staff of a medical or other public or private institution, school, facility or agency, he shall notify the person in charge or his designated agent as soon as possible, who is thereupon also responsible to make the report or cause the report to be made. Nothing in this subsection is intended to relieve individuals of their obligation to report on their own behalf unless a report has already been made or will be made.
(c) Any employer, public or private, who discharges, suspends, disciplines or penalizes an employee solely for making a report of neglect or abuse under W.S. 14-3-201 through 14-3-215 is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.
(d) Any person who knowingly and intentionally makes a false report of child abuse or neglect, or who encourages or coerces another person to make a false report of child abuse or neglect, is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.
Wyo. Stat. Ann. § 14-3-206 Child abuse or neglect; written report; statewide reporting center; documentation and examination; costs and admissibility thereof.
(a) Reports of child abuse or neglect or of suspected child abuse or neglect made to the local child protective agency or local law enforcement agency shall be:
(i) Conveyed immediately by the agency receiving the report to the appropriate local child protective agency or local law enforcement agency and, if the person responsible for the welfare of a child is a member of the armed forces or if the child is enrolled in the defense enrollment eligibility reporting system of the United States department of defense, to the state judge advocate for the Wyoming military department. The agencies shall continue cooperating and coordinating with each other during the assessment or investigation; and
(ii) Followed by a written report by the receiving agency confirming or not confirming the facts reported. The report shall provide to law enforcement, the local child protective agency and the state judge advocate for the Wyoming military department when appropriate, the following, to the extent available:
(A) The name, age and address of the child;
(B) The name and address of any person responsible for the child's care;
(C) The nature and extent of the child's condition;
(D) The basis of the reporter's knowledge;
(E) The names and conditions of any other children relevant to the report;
(F) Any evidence of previous injuries to the child;
(G) Photographs, videos and x-rays with the identification of the person who created the evidence and the date the evidence was created; and
(H) Any other relevant information.
(b) The state agency may establish and maintain a statewide reporting center to receive reports of child abuse or neglect on a twenty-four (24) hour, seven (7) day week, toll free telephone number. Upon establishment of the service, all reports of child abuse or neglect may be made to the center which shall transfer the reports to the appropriate local child protective agency.
(c) Any person investigating, examining or treating suspected child abuse or neglect may document evidence of child abuse or neglect to the extent allowed by law by having photographs taken or causing x-rays to be made of the areas of trauma visible on a child who is the subject of the report or who is subject to a report. The reasonable cost of the photographs or x-rays shall be reimbursed by the appropriate local child protective agency. All photographs, x-rays or copies thereof shall be sent to the local child protective agency, admissible as evidence in any civil proceeding relating to child abuse or neglect, and shall state:
(i) The name of the subject;
(ii) The name, address and telephone number of the person taking the photographs or x-rays; and
(iii) The date and place they were taken.
(d) Any physician, physician's assistant or nurse practitioner examining a child and finding reasonable cause to believe the child is a victim of child abuse or neglect and having reasonable cause to believe that other children residing in the same home may also be a victim of child abuse or neglect shall report to law enforcement the results of the examination and facts supporting reasonable cause with respect to the other child or children. Law enforcement may then bring any other child residing in the same home to a physician, physician's assistant or nurse practitioner for examination. The examination shall take place within twenty-four (24) hours. Any physician, physician's assistant, nurse practitioner or law enforcement officer denied access to a child for the purposes of examination under this subsection may seek an appropriate court order by ex parte proceedings or other appropriate proceedings to provide for the examination. After receiving the timely results of the examination, the examining physician, physician's assistant, nurse practitioner or law enforcement officer shall consider whether temporary protective custody is necessary under W.S. 14-3-405.
Wyo. Stat. Ann. § 14-3-207 Abuse or neglect as suspected cause of death; coroner's investigation.
Any person who knows or has reasonable cause to suspect that a child has died as a result of child abuse or neglect shall report to the appropriate coroner. The coroner shall investigate the report and submit his findings in writing to the law enforcement agency, the appropriate district attorney and the local child protective agency.
Wyo. Stat. Ann. § 14-3-208 Temporary protective custody; order; time 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.
Wyo. Stat. Ann. § 14-3-209 Immunity from liability.
Any person, official, institution or agency participating in good faith in any act required or permitted by W.S. 14-3-201 through 14-3-215 is immune from any civil or criminal liability that might otherwise result by reason of the action. For the purpose of any civil or criminal proceeding, the good faith of any person, official or institution participating in any act permitted or required by W.S. 14-3-201 through 14-3-215 shall be presumed.
Wyo. Stat. Ann. § 14-3-210 Admissibility of evidence constituting privileged communications.
(a) Evidence regarding a child in any judicial proceeding resulting from a report made pursuant to W.S. 14-3-201 through 14-3-215 shall not be excluded on the ground it constitutes a privileged communication:
(i) Between husband and wife;
(ii) Claimed under any provision of law other than W.S. 1-12-101(a)(i) and (ii); or
(iii) Claimed pursuant to W.S. 1-12-116.
Wyo. Stat. Ann. § 14-3-211 Appointment of counsel for child and other parties.
(a) The court shall appoint counsel to represent any child in a court proceeding in which the child is alleged to be abused or neglected. Any attorney representing a child under this section shall also serve as the child's guardian ad litem unless a guardian ad litem has been appointed by the court. The attorney or guardian ad litem shall be charged with representation of the child's best interest.
(b) The court may appoint counsel for any party when necessary in the interest of justice.
Wyo. Stat. Ann. § 14-3-212 Child protection teams; creation; composition; duties; records confidential.
(a) The state agency and the local child protective agency shall encourage and assist in the creation of child protection teams within the communities in the state. The purposes of the child protection teams shall be to identify or develop community resources to serve abused and neglected children within the community, to advocate for improved services or procedures for such children and to provide information and assistance to the state agency, local child protection agency and multidisciplinary teams, if a multidisciplinary team has been appointed. The department may promulgate reasonable rules and regulations in accordance with the Wyoming Administrative Procedure Act to define the roles and procedures of child protection teams.
(b) The local child protection team shall be composed of:
(i) A member of the district attorney's office;
(ii) A designated representative from the school district or districts within the area served by the team;
(iii) A representative from the local field office of the department of family services;
(iv) A representative from the county government;
(v) A representative from each city and town in the county;
(vi) Representatives from other relevant professions; and
(vii) Temporary members selected for the needs of a particular case as determined by the team.
(c) The local child protection team may:
(i) Assist and coordinate with the state agency, the local child protective agency and all available agencies and organizations dealing with children;
(ii) Repealed By Laws 2005, ch. 236, § 4.
(iii) Coordinate the provision of appropriate services for abused and neglected children and their families;
(iv) Identify or develop community resources to serve abused and neglected children and advocate for improved services and procedures for such children;
(v) Identify training needs, sponsor training and raise community awareness of child protection issues; and
(vi) Assist and make recommendations of appropriate services in individual cases brought to it by the state agency or the local child protection agency.
(d) The local child protection team shall not act as a multidisciplinary team, but members of the child protection team may serve on a multidisciplinary team if appointed pursuant to W.S. 14-3-427.
(e) All records and proceedings of the child protection teams are subject to W.S. 14-3-214.
Wyo. Stat. Ann. § 14-3-213 Central registry of child protection cases; establishment; operation; amendment, expungement or removal of records; classification and expungement of reports; statement of person accused.
(a) The state agency shall establish and maintain a record of all child protection reports and a central registry of "under investigation" or "substantiated" child protection reports in accordance with W.S. 42-2-111.
(b) Through the recording of reports, the state agency's recordkeeping system shall be operated to enable the state agency to:
(i) Immediately identify and locate prior reports of cases of child abuse or neglect to assist in the diagnosis of suspicious circumstances and the assessment of the needs of the child and his family;
(ii) Continuously monitor the current status of all pending child protection cases;
(iii) Regularly evaluate the effectiveness of existing laws and programs through the development and analysis of statistical and other information; and
(iv) Maintain a central registry of "under investigation" reports and "substantiated" reports of child abuse or neglect for provision of information to qualifying applicants pursuant to W.S. 14-3-214(f).
(c) Upon good cause shown and upon notice to the subject of an "under investigation" or "substantiated" report, the state agency may list, amend, expunge or remove any record from the central registry in accordance with rules and regulations adopted by the state agency.
(d) All reports of child abuse or neglect contained within the central registry shall be classified in one (1) of the following categories:
(i) "Under investigation"; or
(ii) "Substantiated".
(iii) Repealed By Laws 2005, ch. 23, § 2.
(e) Within six (6) months all reports classified as "under investigation" shall be reclassified as "substantiated" or expunged from the central registry, unless the state agency is notified of an open criminal investigation or criminal prosecution. Unsubstantiated reports shall not be contained within the central registry.
(f) Any person named as a perpetrator of child abuse or neglect in any report maintained in the central registry which is classified as a substantiated report as defined in W.S. 14-3-202(a)(xi) shall have the right to have included in the report his statement concerning the incident giving rise to the report. Any person seeking to include a statement pursuant to this subsection shall provide the state agency with the statement. The state agency shall provide notice to any person identified as a perpetrator of his right to submit his statement in any report maintained in the central registry.
(g) Conviction of a person under W.S. 6-2-502(a)(v) when the victim is a minor shall be included as a substantiated report of child abuse in the central registry under this section.
Wyo. Stat. Ann. § 14-3-214 Confidentiality of records; penalties; access to information; attendance of school officials at interviews; access to central registry records pertaining to child protection cases.
(a) All records concerning reports and investigations of child abuse or neglect are confidential except as provided by W.S. 14-3-201 through 14-3-215. Any person who willfully violates this subsection is guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500.00) or imprisoned in the county jail not more than six (6) months, or both.
(b) Except as provided in subsection (h) of this section, applications for access to records concerning child abuse or neglect contained in the state agency or local child protective agency shall be made in the manner and form prescribed by the state agency. Upon appropriate application, the state agency shall give access to any of the following persons or agencies for purposes directly related with the administration of W.S. 14-3-201 through 14-3-216:
(i) A local child protective agency;
(ii) A law enforcement agency, guardian ad litem, child protection team or the attorney representing the subject of the report;
(iii) A physician or surgeon who is treating an abused or neglected child, the child's family or a child he reasonably suspects may have been abused or neglected;
(iv) A person legally authorized to place a child in protective temporary custody when information in the report or record is required to determine whether to place the child in temporary protective custody;
(v) A person responsible for the welfare of the child;
(vi) A court or grand jury upon a showing that access to the records is necessary for the determination of an issue, in which case access shall be limited to in camera inspection unless the court finds public disclosure is necessary;
(vii) Court personnel who are investigating reported incidents of child abuse or neglect;
(viii) An education or mental health professional serving the child, if the state agency determines the information is necessary to provide appropriate educational or therapeutic interventions.
(c) A physician or person in charge of an institution, school, facility or agency making the report shall receive, upon written application to the state agency, a summary of the records concerning the subject of the report.
(d) Any person, agency or institution given access to information concerning the subject of the report shall not divulge or make public any information except as required for court proceedings.
(e) Nothing in W.S. 14-3-201 through 14-3-215 prohibits the attendance of any one (1) of the following at an interview conducted on school property by law enforcement or child protective agency personnel of a child suspected to be abused or neglected provided the person is not a subject of the allegation:
(i) The principal of the child's school or his designee; or
(ii) A child's teacher or, counselor, or specialist employed by the school or school district and assigned the duties of monitoring, reviewing or assisting in the child's welfare in cases of suspected child abuse or neglect.
(f) Upon appropriate application, the state agency shall provide to any employer or entity whose employees or volunteers may have unsupervised access to children in the course of their employment or volunteer service, for employee or volunteer screening purposes, a summary of central registry records maintained under state agency rules since December 31, 1986, for purposes of screening employees or volunteers. The state agency shall provide the results of the records check to the applicant by certified mail if the records check confirms the existence of a report "under investigation" or a "substantiated" finding of abuse or neglect. Otherwise, the state agency shall provide the results of the records check to the applicant in accordance with agency rules and by United States mail. The written results shall confirm that there is a report "under investigation", a "substantiated" finding of abuse or neglect on the central registry naming the individual or confirm that no record exists. When the individual is identified on the registry as a "substantiated" perpetrator of abuse or neglect, the report to the applicant shall contain information with respect to the date of the finding, specific type of abuse or neglect, a copy of the perpetrator's voluntary statement and whether an appeal is pending. The applicant, or an agent on behalf of the applicant, shall submit a fee in an amount determined by rule of the state agency and proof satisfactory to the state agency that the prospective or current employee or volunteer whose records are being checked consents to the release of the information to the applicant. The applicant shall use the information received only for purposes of screening prospective or current employees and volunteers who may, through their employment or volunteer services, have unsupervised access to minors. Applicants, their employees or other agents shall not otherwise divulge or make public any information received under this section. The state agency shall notify any applicant receiving information under this subsection of any subsequent reclassification of the information pursuant to W.S. 14-3-213(e). The state agency shall screen all prospective agency employees in conformity with the procedure provided under this subsection.
(g) There is created a program administration account to be known as the "child and vulnerable adult abuse registry account". All fees collected under subsection (f) of this section shall be credited to this account.
(h) No information, including recorded interviews of the child, shall be disclosed to any person in any civil proceeding not related to an abuse or neglect case brought under this article except upon order of the court which shall determine if good cause exists to disclose the information. Any protective order granting disclosure shall include appropriate protections against further dissemination in any form. The court may conduct an in camera review of a recorded interview prior to issuing a protective order and may impose such conditions as may be appropriate under the circumstances of the proceeding to prevent further dissemination of the recorded interview.
(j) Any person may request a central registry screen and summary report on themselves as provided by subsection (f) of this section upon payment of the fee required by subsection (f) of this section.
Wyo. Stat. Ann. § 14-3-215 Interagency children's collaborative.
(a) There is created an interagency children's collaborative. The collaborative shall be composed of:
(i) The director of the department of family services, or his designee;
(ii) The director of the department of health, or his designee;
(iii) The superintendent of public instruction, or his designee;
(iv) The director of the department of workforce services, or his designee; and
(v) The governor's appointee who shall represent families receiving services from the state agencies represented in paragraphs (i) through (iv) of this subsection.
(b) The department of family services shall adopt rules by July 1, 2005, to establish guidelines for review of case files of children in state custody as a result of any action commenced under this title. The rules shall be adopted by the department of family services with the advice of the departments of education, health and workforce services. In addition to providing for the review of cases and the progress made towards returning children in state custody to their homes, communities or other permanent placements, the guidelines shall provide specific processes for:
(i) Local multidisciplinary teams to voluntarily present case files to the collaborative for review;
(ii) The review of cases in which more than one (1) state agency provides services to the child and his family; and
(iii) The review of statewide availability and utilization of resources for children in state custody.
Wyo. Stat. Ann. § 14-3-216 Other laws not superseded.
No laws of this state are superseded by the provisions of W.S. 14-3-201 through 14-3-216.
Wyo. Stat. Ann. § 14-3-301 Definitions.
(a) As used in this article:
(i) "Tobacco products" means any substance containing tobacco leaf or any product made or derived from tobacco that contains nicotine including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco;
(ii) "Vending machine" means any mechanical, electric or electronic self-service device which, upon insertion of money, tokens, or any other form of payment, dispenses nicotine products;
(iii) "Retailer" means a business of any kind at a specific location that sells nicotine products to a user or consumer;
(iv) "Self service display" means any display of nicotine products that is located in an area where customers are permitted and where the nicotine products are readily accessible to a customer without the assistance of a salesperson;
(v) "Electronic cigarette" means any device that can be used to deliver aerosolized or vaporized nicotine or synthetic nicotine material to the person using the device and includes any component, part and accessory of the device and any vapor material intended to be aerosolized or vaporized during the use of the device. "Electronic cigarette" includes, without limitation, any electronic cigar, electronic cigarillo, electronic pipe, electronic hooka, vapor pen and any similar product or device. "Electronic cigarette" does not include a battery or battery charger if sold separately from the electronic cigarette and does not include any product regulated as a drug or device by the United States food and drug administration under subchapter V of the Food, Drug and Cosmetic Act;
(vi) "Nicotine products" means tobacco products and electronic cigarettes;
(vii) "Vapor material" means any liquid solution or other material containing nicotine or synthetic nicotine that is depleted as an electronic cigarette is used. "Vapor material" includes liquid solution or other material containing nicotine or synthetic nicotine that is sold with or inside an electronic cigarette;
(viii) "Edible products" means any product intended for consumption, including but not limited to baked goods, candies, gummies and liquids, that contains tetrahydrocannabinol, a controlled substance listed under W.S. 35-7-1014(d)(xiii) or (xxi) or their analogs;
(ix) "Tetrahydrocannabinol" means:
(A) The psychoactive component of the cannabis plant, with the scientific name trans-delta 9-tetrahydrocannabinol;
(B) Psychoactive synthetic analogs of tetrahydrocannabinol; or
(C) Any psychoactive structural, optical or geometric isomers of tetrahydrocannabinol.
(x) "Vaping products" mean any device containing tetrahydrocannabinol that is being or has been used to deliver aerosolized or vaporized tetrahydrocannabinol to the person using the device and includes any component, part and accessory of the device and any vapor material intended to be aerosolized or vaporized during the use of the device. "Vaping products" include, without limitation, any electronic cigar, electronic cigarillo, electronic pipe, electronic hooka, vapor pen and any similar product or device that uses or contains tetrahydrocannabinol. "Vaping products" do not include a battery or battery charger if sold separately from the vaping product and do not include any product regulated as a drug or device by the United States food and drug administration under subchapter V of the Food, Drug and Cosmetic Act.
(xi) "Analog" means a substance:
(A) Whose chemical structure is substantially similar to the chemical structure of a controlled substance listed under W.S. 35-7-1014(d)(xiii) or (xxi); or
(B) That has a stimulant, depressant or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance listed under W.S. 35-7-1014(d)(xiii) or (xxi).
Wyo. Stat. Ann. § 14-3-302 Prohibited sales or delivery.
(a) No individual shall sell, offer for sale, give away or deliver nicotine products to any person under the age of twenty-one (21) years.
(b) Any individual violating W.S. 14-3-309 or subsection (a) of this section is guilty of a misdemeanor punishable by a fine of not more than:
(i) Two hundred fifty dollars ($250.00) for a first violation committed within a twenty-four (24) month period. The court may allow the defendant to perform community service or attend a tobacco or nicotine cessation program and be granted credit against his fine and court costs at the rate of ten dollars ($10.00) for each hour of work performed or each hour of tobacco or nicotine cessation program attended;
(ii) Five hundred dollars ($500.00) for a second violation committed within a twenty-four (24) month period, regardless of the locations where the violations occurred. The court may allow the defendant to perform community service or attend a tobacco or nicotine cessation program and be granted credit against his fine and court costs at the rate of ten dollars ($10.00) for each hour of work performed or each hour of tobacco or nicotine cessation program attended;
(iii) Seven hundred fifty dollars ($750.00) for a third or subsequent violation committed within a twenty-four (24) month period, regardless of the locations where the violations occurred. The court may allow the defendant to perform community service and be granted credit against his fine and court costs at the rate of five dollars ($5.00) for each hour of work performed.
(c) No retailer shall sell, permit the sale, offer for sale, give away or deliver nicotine products to any person under the age of twenty-one (21) years.
(d) Any person violating subsection (c) of this section is guilty of a misdemeanor punishable by a fine of not more than:
(i) Two hundred fifty dollars ($250.00) for a first violation committed within a twenty-four (24) month period;
(ii) Five hundred dollars ($500.00) for a second violation committed within a twenty-four (24) month period;
(iii) Seven hundred fifty dollars ($750.00) for a third or subsequent violation committed within a twenty-four (24) month period.
(e) In addition to the penalties under paragraph (d)(iii) of this section, any person violating subsection (c) of this section for a third or subsequent time within a two (2) year period may be subject to an injunction. The department of revenue or the district attorney of the county in which the offense occurred, may petition the district court for an injunction to prohibit the sale of nicotine products in the establishment where the violation occurred. If the court finds that the respondent in the action has violated the provisions of subsection (c) of this section for a third or subsequent time within a two (2) year period and may continue to violate such provisions, it may grant an injunction prohibiting the respondent from selling nicotine products in the establishment where the violation occurred for a period of not more than one hundred eighty (180) days. For the purposes of this subsection, multiple violations occurring before the petition for the injunction is filed shall be deemed part of the violation for which the injunction is sought. If the person against whom the injunction is sought operates multiple, geographically separate establishments, the injunction shall apply only to the establishment where the violation occurred. The injunction shall prohibit all sales of nicotine products in the establishment where the violation occurred, regardless of any change in ownership or management of the establishment that is not a bona fide, arms length transaction while the injunction is in effect.
(f) It is an affirmative defense to a prosecution under subsections (a) and (c) of this section that, in the case of a sale, the person who sold the nicotine product was presented with, and reasonably relied upon, an identification card which identified the person buying or receiving the nicotine product as being over twenty-one (21) years of age.
(g) Notwithstanding the provisions of subsection (d) of this section, no fine for a violation of subsection (c) of this section shall be imposed for a first offense in a twenty-four (24) month period if the retailer can show it had:
(i) Adopted and enforced a written policy against selling nicotine products to persons under the age of twenty-one (21) years;
(ii) Informed its employees of the applicable laws regarding the sale of nicotine products to persons under the age of twenty-one (21) years;
(iii) Required employees to verify the age of nicotine product customers by way of photographic identification or by means of electronic transaction scan device; and
(iv) Established and imposed disciplinary sanctions for noncompliance.
Wyo. Stat. Ann. § 14-3-303 Posted notice required; location of vending machines.
(a) Any person who sells nicotine products shall post signs informing the public of the age restrictions provided by this article at or near every display of nicotine products and on or upon every vending machine which offers nicotine products for sale. Each sign shall be plainly visible and shall contain a statement communicating that the sale of nicotine products to persons under twenty-one (21) years of age is prohibited by law. Any person who owns, operates or manages a business where nicotine products are offered for sale at retail and at which persons under the age of twenty-one (21) are allowed admission with or without an adult, shall maintain all nicotine products within the line of sight of a cashier or other employee or under the control of the cashier or other employee. For purposes of this subsection:
(i) "Within the line of sight" means visible to a cashier or other employee while at the sales counter; and
(ii) "Under control" means protected by security, surveillance or detection methods.
(b) No person shall sell or offer nicotine products:
(i) Through a vending machine unless the vending machine is located in:
(A) Businesses, factories, offices or other places not open to the general public;
(B) Places to which persons under the age of twenty-one (21) years of age are not permitted access; or
(C) Business premises where alcoholic or malt beverages are sold or dispensed and where entry by persons under twenty-one (21) years of age is prohibited.
(ii) Through a self service display except in:
(A) A vending machine as permitted in paragraph (i) of this subsection; or
(B) A business where entry by persons under twenty-one (21) years of age is prohibited.
(c) Any person violating subsection (a) or (b) of this section is guilty of a misdemeanor punishable by a fine of not more than:
(i) Two hundred fifty dollars ($250.00) for a first violation committed within a twenty-four (24) month period;
(ii) Five hundred dollars ($500.00) for a second violation committed within a twenty-four (24) month period;
(iii) Seven hundred fifty dollars ($750.00) for a third or subsequent violation committed within a twenty-four (24) month period.
(d) For purposes of subsection (c) of this section, each day of continued violation under subsection (a) or (b) of this section shall be deemed a separate offense.
(e) In addition to the penalties under paragraph (c)(iii) of this section, any person violating subsection (a) or (b) of this section for a third or subsequent time within a two (2) year period may be subject to an injunction. The department or the district attorney of the county in which the offense occurred, may petition the district court for an injunction to prohibit the sale of nicotine products from the vending machines or the establishment where the violation occurred. If the court finds that the respondent in the action has violated the provisions of subsection (a) or (b) of this section for a third or subsequent time within a two (2) year period and may continue to violate such provisions, it may grant an injunction prohibiting the respondent from selling nicotine products from vending machines or from the establishment where the violation occurred for a period of not more than one hundred eighty (180) days. For the purposes of this subsection, multiple violations occurring before the petition for the injunction is filed shall be deemed part of the violation for which the injunction is sought. If the person against whom the injunction is sought operates multiple, geographically separate establishments or vending machines, the injunction shall apply only to the establishment where the violation occurred and to the vending machines resulting in the violation. The injunction shall prohibit all sales of nicotine products from the vending machines or the establishment involved in the violation, regardless of any change in ownership or management of the vending machines or the establishment that is not a bona fide, arms length transaction while the injunction is in effect.
Wyo. Stat. Ann. § 14-3-304 Purchase by person under twenty-one years of age prohibited.
(a) No person under the age of twenty-one (21) years shall purchase or attempt to purchase nicotine products, or misrepresent his identity or age, or use any false or altered identification for the purpose of purchasing or attempting to purchase nicotine products. A person shall not be arrested for an alleged violation of this subsection but shall be issued a citation as a charging document by a peace officer having probable cause to believe the person violated this subsection. An officer issuing a citation shall deposit one (1) copy of the citation with the court having jurisdiction over the alleged offense. Bond may be posted and forfeited for an offense charged under this section in an amount equal to the fine imposed by subsection (b) of this section.
(b) Any person violating subsection (a) of this section is guilty of a misdemeanor punishable by a fine of twenty-five dollars ($25.00).
(i) Repealed by Laws 2020, ch. 83, § 2.
(ii) Repealed by Laws 2020, ch. 83, § 2.
(iii) Repealed by Laws 2020, ch. 83, § 2.
(c) In lieu of the fine under subsection (b) of this section, the court may allow the defendant to perform community service or attend a tobacco or nicotine cessation program and be granted credit against his fine and court costs at the rate of ten dollars ($10.00) for each hour of work performed or each hour of tobacco or nicotine cessation program attended.
(d) No conviction under this section, whether by guilty plea, adjudication of guilt or forfeiture of bond shall be reported by the court to any law enforcement agency. Upon payment of the fine imposed by subsection (b) of this section, a criminal conviction under this section shall be expunged by operation of law from all records of the court six (6) months after the entry of conviction. For any person whose record of conviction was expunged under this subsection, the conviction is deemed not to have occurred and the individual may reply accordingly upon any inquiry in the matter. No expungement under this subsection shall be considered for purposes of any other law providing for expungement.
Wyo. Stat. Ann. § 14-3-305 Possession or use by person under twenty-one years of age prohibited.
(a) It is unlawful for any person under the age of twenty-one (21) years to possess or use any nicotine products. A person shall not be arrested for an alleged violation of this subsection but shall be issued a citation as a charging document by a peace officer having probable cause to believe the person violated this subsection. An officer issuing a citation shall deposit one (1) copy of the citation with the court having jurisdiction over the alleged offense. Bond may be posted and forfeited for an offense charged under this section in an amount equal to the fine imposed by subsection (b) of this section.
(b) Any person violating subsection (a) of this section is guilty of a misdemeanor punishable by a fine of twenty-five dollars ($25.00).
(i) Repealed by Laws 2020, ch. 83, § 2.
(ii) Repealed by Laws 2020, ch. 83, § 2.
(iii) Repealed by Laws 2020, ch. 83, § 2.
(c) Repealed By Laws 2000, Ch. 93, § 4.
(d) In lieu of the fine under subsection (b) of this section, the court may allow the defendant to perform community service or attend a tobacco or nicotine cessation program and be granted credit against his fine and court costs at the rate of ten dollars ($10.00) for each hour of work performed or each hour of tobacco or nicotine cessation program attended.
(e) No conviction under this section, whether by guilty plea, adjudication of guilt or forfeiture of bond shall be reported by the court to any law enforcement agency. Upon payment of the fine imposed by subsection (b) of this section, a criminal conviction under this section shall be expunged by operation of law from all records of the court six (6) months after the entry of conviction. For any person whose record of conviction was expunged under this subsection, the conviction is deemed not to have occurred and the individual may reply accordingly upon any inquiry in the matter. No expungement under this subsection shall be considered for purposes of any other law providing for expungement.
Wyo. Stat. Ann. § 14-3-306 Teen court jurisdiction.
The teen court program authorized under W.S. 7-13-1203 may have jurisdiction over any offense committed by a minor under this article.
Wyo. Stat. Ann. § 14-3-307 Compliance inspections.
(a) The department of health, working with local law enforcement agencies and other local individuals and organizations at the discretion of the department, shall be the lead agency to ensure compliance with this article.
(b) The department of health shall develop strategies to coordinate and support local law enforcement efforts to enforce all state statutes relating to the prohibition of the sale of nicotine products to persons under twenty-one (21) years of age.
(c) The department shall have discretion to:
(i) Work with each local law enforcement agency; and
(ii) Coordinate local enforcement efforts that appropriately reflect the needs of the community.
(d) To coordinate the enforcement of state statutes relating to the prohibition of the sale of nicotine products to persons under twenty-one (21) years of age and to comply with applicable federal law, the department of health shall have authority to contract with or provide grants to local law enforcement agencies or other local individuals or entities having the appropriate level of enforcement authority on the local level to conduct random, unannounced inspections at retail locations where nicotine products are sold. The local law enforcement agencies or other local individuals or entities authorized to conduct inspections shall be permitted to use minors and persons under twenty-one (21) years of age subject to the following:
(i) Prior to the inspection, the local law enforcement agency or other authorized individual or entity shall obtain the written consent of the person being used in the inspection or if using a minor, the written consent of the minor's parents or guardian shall be obtained prior to the minor participating in an inspection. The written consent required under this paragraph shall include a notification that testimony in a subsequent court proceeding may be required;
(ii) Any person under twenty-one (21) years of age participating in an inspection shall, if questioned, state his true age and that he is less than twenty-one (21) years of age;
(iii) The appearance of a person under twenty-one (21) years of age shall not be altered to make him appear to be twenty-one (21) years of age or older;
(iv) Neither a minor nor his parents or guardians shall be coerced into participating in such inspections;
(v) The person conducting the inspection shall photograph the participant immediately before the inspection and any photographs taken of the participant shall be retained by the person conducting the inspection;
(vi) Any participant in an inspection under this section shall be granted immunity from prosecution under W.S. 14-3-304 or 14-3-305.
(e) The person conducting an inspection under this section shall:
(i) Remain within sight or sound of the participant attempting to make the purchase;
(ii) Immediately inform in writing a representative or agent of the business establishment that an inspection has been performed and the results of the inspection;
(iii) Within two (2) days, prepare a report of the inspection containing:
(A) The name of the person who supervised the inspection;
(B) The age and date of birth of the participant who assisted in the inspection;
(C) The name and position of the person from whom the participant attempted to purchase nicotine products;
(D) The name and address of the establishment inspected;
(E) The date and time of the inspection; and
(F) The results of the inspection, including whether the inspection resulted in the sale or distribution of, or offering for sale, nicotine products to a person under twenty-one (21) years of age.
(iv) Immediately upon completion of the report required under this subsection, provide a copy of the report to a representative or agent of the business establishment that was inspected;
(v) Request a law enforcement officer to issue a citation for any illegal acts relating to providing nicotine products to persons under twenty-one (21) years of age during the inspection.
Wyo. Stat. Ann. § 14-3-308 Further regulation by local ordinance.
(a) Except as specified under subsection (b) of this section, this article shall not be construed to prohibit the imposition by local law or ordinance of further regulation or prohibition upon the sale, use and possession of nicotine products to any person under twenty-one (21) years of age, but the governmental entity shall not permit or authorize the sale, use or possession of nicotine products to any person under twenty-one (21) years of age in violation of this article.
(b) No governmental entity shall enact any law or ordinance which changes the standards provided by W.S. 14-3-302(a) and (c), 14-3-303(a), 14-3-304(a) and 14-3-305(a).
(c) The governmental entity may require that sellers of nicotine products obtain a license to sell nicotine products and may deny or revoke the license in the case of reported violations of W.S. 14-3-302 or similar local ordinance.
Wyo. Stat. Ann. § 14-3-309 Regulation of mail order and internet purchases and sales; proof of age; penalties.
(a) No person shall sell at retail or wholesale any nicotine product through the internet or any other remote sales method to any person in this state, other than a vendor licensed under W.S. 39-15-106, unless the seller performs an age verification on the purchaser through an independent third party age verification service. The age verification service utilized shall compare information available from public records to the personal information entered by the purchaser during the ordering process to establish that the purchaser is twenty-one (21) years of age or older.
(b) No person shall sell at retail or wholesale any nicotine product through the internet or any other remote sales method to any person in this state, other than a vendor licensed under W.S. 39-15-106, unless the seller uses a method of mailing or shipping that, upon delivery, requires the signature of a person at least twenty-one (21) years of age before the nicotine product will be released for delivery.
(c) The provisions of subsections (a) and (b) of this section shall not apply if the seller employs one (1) of the following protections to ensure age verification:
(i) The purchaser is required to create an online profile or account with personal information verifying that the purchaser is at least twenty-one (21) years of age including, but not limited to, the purchaser's name, address and a valid phone number, if that personal information is verified by the seller through publicly available records and delivery is made to the same name and address; or
(ii) The purchaser is required to upload a copy of the purchaser's government issued identification and a current photograph of the purchaser verifying that the purchaser is at least twenty-one (21) years of age and delivery is made to the same name on the identification provided.
(d) Any person violating subsection (a) or (b) of this section is guilty of a misdemeanor punishable as provided in W.S. 14-3-302(b).
Wyo. Stat. Ann. § 14-3-310 Prohibited sales or delivery of edible products and vaping products.
(a) No person or retailer shall sell, permit the sale, offer for sale, give away or deliver edible products or vaping products to any person under the age of eighteen (18) years.
(b) Any person violating subsection (a) of this section is guilty of a misdemeanor punishable by a fine of not more than:
(i) Two hundred fifty dollars ($250.00) for a first violation committed within a twenty-four (24) month period;
(ii) Five hundred dollars ($500.00) for a second violation committed within a twenty-four (24) month period;
(iii) Seven hundred fifty dollars ($750.00) for a third or subsequent violation committed within a twenty-four (24) month period.
(c) In lieu of a fine under subsection (b) of this section, the court may allow the defendant to perform community service and be granted credit against his fine and court costs at the rate of ten dollars ($10.00) for each hour of work performed.
(d) In addition to the penalties under this section, any person violating subsection (a) of this section for a third or subsequent time within a two (2) year period may be subject to an injunction. The department of revenue or the district attorney of the county in which the offense occurred, may petition the district court for an injunction to prohibit the sale of edible products or vaping products in the establishment where the violation occurred. If the court finds that the respondent in the action has violated the provisions of subsection (a) of this section for a third or subsequent time within a two (2) year period and may continue to violate such provisions, it may grant an injunction prohibiting the respondent from selling edible products or vaping products in the establishment where the violation occurred for a period of not more than one hundred eighty (180) days. For the purposes of this subsection, multiple violations occurring before the petition for the injunction is filed shall be deemed part of the violation for which the injunction is sought. If the person against whom the injunction is sought operates multiple, geographically separate establishments, the injunction shall apply only to the establishment where the violation occurred. The injunction shall prohibit all sales of edible products or vaping products in the establishment where the violation occurred, regardless of any change in ownership or management of the establishment that is not a bona fide, arms-length transaction while the injunction is in effect.
(e) It is an affirmative defense to a prosecution under subsection (a) this section that, in the case of a sale, the person who sold the edible product or vaping product was presented with, and reasonably relied upon, an identification card which identified the person buying or receiving the edible product or vaping product as being over eighteen (18) years of age.
(f) The prohibitions in this section shall not be construed to apply to the sale or dispensing of cannabidiol oil that has not more than three-tenths percent (0.3%) of tetrahydrocannabinol to a parent or guardian for use by the parent's or guardian's child who is less than eighteen (18) years of age.
Wyo. Stat. Ann. § 14-3-401 Short title; applicability.
(a) This act shall be known and may be cited as the "Child Protection Act."
(b) If the child suspected to be abused or neglected is an Indian child as defined by W.S. 14-6-702(a)(iv), the court and all parties shall comply with the Wyoming Indian Child Welfare Act. If any provision of this act conflicts with the Wyoming Indian Child Welfare Act for addressing an allegation of abuse or neglect of an Indian child, the Wyoming Indian Child Welfare Act shall control.
Wyo. Stat. Ann. § 14-3-402 Definitions.
(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.
Wyo. Stat. Ann. § 14-3-403 Juvenile court authority over certain issues.
(a) Coincident with proceedings concerning a minor alleged to be neglected and subject to the Wyoming Indian Child Welfare Act, the court has jurisdiction to:
(i) Determine questions concerning the right to legal custody of the minor;
(ii) Order any party to the proceedings to perform any acts, duties and responsibilities the court deems necessary; or
(iii) Order any party to the proceedings to refrain from any act or conduct the court deems detrimental to the best interest and welfare of the minor or essential to the enforcement of any lawful order of disposition of the minor made by the court.
(b) Nothing contained in this act is construed to deprive the district court of jurisdiction to determine questions of custody, parental rights, guardianship or any other questions involving minors, when the questions are the subject of or incidental to suits or actions commenced in or transferred to the district court as provided by law, except:
(i) If a petition involving the same child is pending in juvenile court or if continuing jurisdiction has been previously acquired by the juvenile court, the district court may certify the question of custody to the juvenile court; and
(ii) The district court at any time may request the juvenile court to make recommendations pertaining to guardianship or legal custody.
(c) A party to the proceeding may file a petition for adoption or an appointment of guardianship in the underlying juvenile action in lieu of filing a petition with the district court.
Wyo. Stat. Ann. § 14-3-404 Venue; change of venue or judge.
Proceedings under this act may be commenced in the county where the child is living or is present when the proceedings are commenced. Change of venue or change of judge may be had under the circumstances and upon the terms and conditions provided by law in a civil action in the district court.
Wyo. Stat. Ann. § 14-3-405 Taking of child into custody; when permitted.
(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.
Wyo. Stat. Ann. § 14-3-406 Child in custody; no shelter care placement without court order; exceptions; notice to parent or guardian; release.
(a) A child taken into temporary protective custody shall not be placed in shelter care without a court order unless shelter care is required to:
(i) Protect the child's person;
(ii) Prevent the child from being removed from the jurisdiction of the court; or
(iii) Provide the child having no parent, guardian, custodian or other responsible adult with supervision and care and return him to the court when required.
(b) Any person taking a child into temporary protective custody under this act shall as soon as possible notify the child's parent, guardian or custodian. Unless the child's shelter care is authorized by court order or required for one (1) of the reasons in subsection (a) of this section, the child shall be released to the care of his parent, guardian, custodian or other responsible adult upon that person's written promise to present the child before the court upon request.
Wyo. Stat. Ann. § 14-3-407 Shelter care; delivery of child pending hearing; placing children; notice if no court order.
(a) If shelter care of a child appears necessary to the person taking custody of the child, the child shall be delivered as soon as possible to the court or to the department of family services pending a hearing.
(b) Repealed By Laws 2005, ch. 236, § 4.
(c) The department of family services shall promptly notify the court and the district attorney of any child being cared for by the department without a court order and shall deliver the child to the court upon request.
(d) The department of family services shall care for the child under this section pursuant to temporary protective custody provisions as specified in W.S. 14-3-208.
Wyo. Stat. Ann. § 14-3-408 Notice of shelter care to be given district attorney; written statement required; duty of district attorney.
(a) When a child is taken into temporary protective custody without a court order and is placed in shelter care pursuant to W.S. 14-3-405(a) or (b), the person taking temporary protective custody of the child shall notify the district attorney without delay. Also the person shall as soon as possible file a brief written statement with the district attorney setting forth the facts which led to taking the child into custody and the reason why the child was not released.
(b) Upon receiving notice that a child is being held in shelter care, the district attorney shall immediately review the need for shelter care and may order the child released unless he determines shelter care is necessary under the provisions of W.S. 14-3-406(a) or unless ordered by the court.
Wyo. Stat. Ann. § 14-3-409 Taking of child into custody; shelter care hearing where no court order; conditional release; evidence; rehearing.
(a) When a child is taken into temporary protective custody without a court order or under an ex parte emergency order, a petition as provided in W.S. 14-3-412 shall be promptly filed and presented to the court. A shelter care hearing shall be held as soon as reasonably possible not later than forty-eight (48) hours, excluding weekends and legal holidays, after the child is taken into temporary protective custody to determine if further shelter care is required pending further court action. Written notice stating the time, place and purpose of the hearing shall be given to the child and to his parents, guardian or custodian.
(b) At the commencement of the hearing the judge shall advise the child and his parents, guardian or custodian of:
(i) The contents of the petition and the nature of the allegations contained therein;
(ii) Their right to counsel as provided in W.S. 14-3-422;
(iii) The right to confront and cross-examine witnesses or to present witnesses and evidence in their own behalf and the right to issuance of process by the court to compel the appearance of witnesses and the production of evidence;
(iv) The right to a jury trial as provided in W.S. 14-3-423;
(v) The right to appeal as provided in W.S. 14-3-432; and
(vi) The state's obligation, pursuant to W.S. 14-3-431(d), to file a petition to terminate parental rights when a child has been placed in foster care under the responsibility of the state for fifteen (15) months of the most recent twenty-two (22) months unless the court finds that one (1) of the exceptions listed in W.S. 14-3-431(m) applies.
(c) An initial hearing may be held in conjunction with a shelter care hearing, provided the requirements of W.S. 14-3-413, 14-3-414 and 14-3-426 have been met. The court shall set a time not to exceed sixty (60) days for an adjudicatory hearing, unless the court finds good cause to delay or postpone the hearing. In no case shall the court hold the adjudicatory hearing more than ninety (90) days after the date the petition is filed.
(d) The court shall determine whether or not the child's full-time shelter care is required to protect the child's welfare pending further proceedings. If the court determines that returning the child to the home is contrary to the welfare of the child, the court shall enter the finding on the record and order the child placed in the legal custody of the department of family services. If the court finds that full-time shelter care is not required, the court shall order the child released and may impose one (1) or more of the following conditions:
(i) Place the child in the custody and supervision of his parents, guardian or custodian, under the supervision of the department of family services or under the protective supervision of any individual or organization approved by the court that agrees to supervise the child; or
(ii) Impose any other terms and conditions of release deemed reasonably necessary to assure the appearance of the child at subsequent proceedings or necessary to his protection from harm.
(e) All relevant and material evidence helpful in determining the need for shelter care may be admitted by the court even though not competent in an adjudicatory hearing on the allegations of the petition.
(f) If a child is not released after a shelter care hearing and it appears by sworn statement of the parents, guardian or custodian that they did not receive notice and did not waive notice and appearance at the hearing, the court shall rehear the matter without delay.
Wyo. Stat. Ann. § 14-3-410 Shelter care hearing conducted by commissioner; authority and duty; review by court.
(a) In the absence or incapacity of the judge, the shelter care hearing may be conducted by a district court commissioner of the county in which the child is being held in shelter care.
(b) The commissioner may make any order concerning the child's release or continued shelter care as authorized to the judge under W.S. 14-3-409. If the child is not released after the hearing, the commissioner shall promptly file with the court a complete written resume of the evidence adduced at the hearing and his reasons for not releasing the child. The commissioner shall conduct the hearing pursuant to W.S. 14-3-409. The hearing shall be conducted in the presence of counsel and guardian ad litem, if so appointed. The commissioner may also appoint counsel, appoint a guardian ad litem, order a predisposition report, appoint a multidisciplinary team, issue subpoenas or search warrants, order physical or medical examinations and authorize emergency medical, surgical or dental treatment all as provided in this act. The commissioner shall not make final orders of adjudication or disposition.
(c) The court shall review the reports, orders and actions of the commissioner as soon as reasonably possible and confirm or modify the commissioner's orders and actions as it deems appropriate.
Wyo. Stat. Ann. § 14-3-411 Complaints alleging neglect; investigation and determination by district attorney.
Complaints alleging a child is neglected shall be referred to the office of the district attorney. The district attorney shall determine whether the best interest of the child requires that judicial action be taken. The department of family services and the county sheriff shall provide the district attorney with any assistance he may require in making an investigation. The district attorney shall prepare and file a petition with the court if he believes action is necessary to protect the interest of the child.
Wyo. Stat. Ann. § 14-3-412 Commencement of proceedings; contents of petition.
(a) Proceedings in juvenile court are commenced by filing a petition with the clerk of the court. The petition and all subsequent pleadings, motions, orders and decrees shall be entitled "State of Wyoming, In the Interest of ...., minor." A petition shall be signed by the district attorney on information and belief of the alleged facts. All petitions must be verified.
(b) The petition shall set forth all jurisdictional facts, including but not limited to:
(i) The child's name, date of birth and address;
(ii) The names and addresses of the child's parents, guardian or custodian and the child's spouse, if any;
(iii) Whether the child is being held in shelter care and if so, the name and address of the facility and the time shelter care commenced;
(iv) A statement setting forth with particularity the facts which bring the child within the provisions of this act; and
(v) Whether the child is an Indian child as defined in the federal Indian Child Welfare Act or as defined by W.S. 14-6-702(a)(iv) and, if so, a statement setting forth with particularity the notice provided to the appropriate tribe and to any other person or entity entitled to notice under the Wyoming Indian Child Welfare Act.
(c) The petition shall state if any of the facts enumerated in subsection (b) of this section are unknown.
Wyo. Stat. Ann. § 14-3-413 Order to appear; contents thereof; when child taken into immediate custody; waiver of service.
(a) After a petition is filed, the court shall issue an order to appear. The order shall:
(i) State the name of the court, the title of the proceedings and the time and place for the initial hearing;
(ii) Direct the persons named therein to appear personally at the hearing and direct the person having actual physical custody or control of the child to present the child before the court at the hearing;
(iii) Be directed to the child's parents, guardian, custodian and the child's spouse, if any, and to any other person the court deems necessary; and
(iv) Be directed to the child if fourteen (14) years of age or more.
(b) If it appears to the court by affidavit by the district attorney based on actual knowledge or on information and belief that the conduct, condition or surroundings of the child seriously endanger the child's health or welfare, that the child may be removed from the jurisdiction of the court or that the child will not be brought before the court notwithstanding service of the order, the court may direct in the order to appear that the person serving the order take the child into immediate custody and bring him before the court.
(c) Service of the order may be waived either in writing or by voluntary appearance at the hearing, provided a child may waive service of the order only with the consent of his parents, guardian, custodian, guardian ad litem or counsel.
(d) With respect to a child who is alleged to have been abused or neglected, a noncustodial parent or putative father who has not had parental rights to the child removed by a court, and who is not alleged in the petition to have abused or neglected the child, shall be served with notice of the child protective proceeding pursuant to W.S. 14-3-414 and 14-3-415. The notice shall inform the noncustodial parent or putative father of the following:
(i) A petition has been filed;
(ii) The noncustodial parent or putative father has been named as such in the petition;
(iii) A response from the noncustodial parent or putative father is required within sixty (60) days of the date of service; and
(iv) Failure to respond to the notice, appear at hearings or participate in the case may result in the termination of his parental rights;
(v) The noncustodial parent or putative father may be considered for possible placement of the child.
(e) A noncustodial parent or putative father served with notice of the child protective proceeding shall:
(i) Respond and appear as required by this section and W.S. 14-3-414 and 14-3-415;
(ii) Admit or deny that he is the noncustodial parent or putative father of the child;
(iii) Submit to the jurisdiction of the court;
(iv) Provide information and abide by any order as required by the court.
(f) A parent or putative father who is served pursuant to W.S. 14-3-414 and 14-3-415 and fails to respond as required by this section may not thereafter assert parental rights in contravention of any permanency plan for the child required by W.S. 14-3-431(j) and (k) unless good cause can be shown for failure to respond.
Wyo. Stat. Ann. § 14-3-414 Service of process; order of custody.
(a) In proceedings under this act, service of order to appear or other process within the state shall be made by the sheriff of the county where service is made, by his undersheriff or deputy or by any law enforcement officer or responsible adult not a party to the proceeding and appointed by the clerk.
(b) Within the state, service of order to appear is made by personally delivering a copy of the order together with a copy of the petition to the person ordered to appear, provided that parents of a child may both be served by personally delivering to either parent two (2) copies of the order and petition, one (1) copy for each parent. A child under the age of fourteen (14) years is served by delivering a copy of the order together with a copy of the petition to the child's parents, guardian, custodian or other adult having the actual physical custody and control of the child or to a guardian ad litem or attorney appointed for the child.
(c) If it appears to the court by affidavit that the parents, guardian or custodian of the child cannot be found within the state, the court may order personal service outside the state or service by certified mail with return receipt requested signed by addressee only. The state agency having custody of the child shall also file an affidavit with the court explaining the efforts made to locate the missing parent when the address of the child's parents, guardian or custodian is unknown and cannot with reasonable diligence be ascertained, and the court shall appoint a guardian ad litem to represent the child and to receive service of process.
(d) Service by certified mail is complete on the date the clerk receives the return receipt signed by addressee. Personal service either within or outside the state is complete on the date when copies of the order to appear and petition are delivered to the person to be served.
(e) When personal service of order to appear is made within the state, service shall be completed not less than two (2) days before the hearing and when made outside the state, service shall be completed not less than five (5) days before the hearing. However, notwithstanding any provision within this act, the court may order that a child be taken into custody as provided in W.S. 14-3-413 or that a child be held in shelter care pending further proceedings as provided in W.S. 14-3-409, even though service of order to appear on the parents, guardian or custodian of the child is not complete at the time of making the order.
(f) If the person's residence is unknown, service may be had by constructive service or by publication as provided in the Wyoming Rules of Civil Procedure.
Wyo. Stat. Ann. § 14-3-415 Presence of parent, custodian or guardian at hearing; failure to appear; avoidance of service; issuance of bench warrant.
(a) The court shall ensure the presence at any hearing of the parents, guardian or custodian of any child subject to the proceedings under this act.
(b) Any person served with an order to appear as provided in W.S. 14-3-414 and without reasonable cause fails to appear, is liable for contempt of court and the court may issue a bench warrant to cause the person to be brought before the court.
(c) If the child, his parents, guardian or custodian or any other person willfully avoids or refuses service of order to appear, or it appears to the court that service of the order will be ineffectual or that the welfare of the child requires that he be brought immediately into the custody of the court, a bench warrant may be issued by the court for the child or his parents, guardian, custodian or any person having the actual physical custody or control of the child.
Wyo. Stat. Ann. § 14-3-416 Appointment of guardian ad litem.
The court shall appoint a guardian ad litem for a child who is a party to proceedings under this act if the child has no parent, guardian or custodian appearing in his behalf or if the interests of the parents, guardian or custodian are adverse to the best interest of the child. A party to the proceeding or employee or representative thereof shall not be appointed guardian ad litem for the child.
Wyo. Stat. Ann. § 14-3-417 Subpoenas for witnesses and evidence.
Upon application of any party to the proceeding, the clerk shall issue and the court on its own motion may issue subpoenas requiring the attendance and testimony of witnesses and the production of records, documents or other tangible evidence at any hearing.
Wyo. Stat. Ann. § 14-3-418 Search warrant; when authorized; affidavit required; contents of affidavit and warrant; service and return.
(a) The court or a commissioner may issue a search warrant within the court's jurisdiction if it appears by application supported by affidavit of one (1) or more adults that a child is being neglected, unlawfully detained or physically abused and his health or welfare requires that he be taken immediately into custody, or it appears by application supported by affidavit of one (1) or more adults that evidence of child abuse exists.
(b) The affidavit shall be in writing, signed and affirmed by the affiant. The affidavit shall set forth:
(i) The name and age of the child sought, provided that if the name or age of the child is unknown the affidavit shall set forth a description of the child sufficient to identify him with reasonable certainty and a statement that the affiant believes the child is of age to come within the provisions of this act;
(ii) The affiant's belief that the child sought is being neglected, unlawfully detained or physically abused and his health or welfare requires that he be taken immediately into custody, and a statement of the facts upon which the belief is based; and
(iii) The affiant's belief that evidence of child abuse or neglect exists and could be obtained through forensic means, and a statement of the facts upon which the belief is based.
(c) The warrant may be directed to any law enforcement officer of the county or municipality in which the place or premises to be searched is located. The warrant shall:
(i) Name or describe the child sought;
(ii) Name the address or location and describe the place or premises to be searched;
(iii) State the grounds for issuance of the warrant;
(iv) Name the person or persons whose affidavit has been taken in support of the warrant; and
(v) Authorize the officer to whom the warrant is directed to conduct the search and instruct him as to the disposition of the child if found, pending further proceedings by the court.
(d) The officer making the search may enter the place or premises described in the warrant at any time with force if necessary, in order to remove the child or to obtain evidence that the child is neglected, unlawfully detained or physically abused. The officer conducting the search shall serve a copy of the warrant upon the person in possession of the place or premises searched and shall return the original warrant to the court showing his actions in the premises.
Wyo. Stat. Ann. § 14-3-419 Physical and mental examinations.
Any time after the filing of a petition, on motion of the district attorney or the child's parents, guardian, custodian or attorney or on motion of the court, the court may order the child to be examined by a licensed and qualified physician, surgeon, psychiatrist, psychologist or licensed mental health professional designated by the court to aid in determining the physical and mental condition of the child. The examination shall be conducted on an outpatient basis, but the court may commit the child to a suitable medical facility or institution for examination if deemed necessary. Commitment for examination shall not exceed fifteen (15) days.
Wyo. Stat. Ann. § 14-3-420 Emergency medical, surgical or dental examination or treatment.
The court may authorize and consent to emergency medical, surgical or dental examination or treatment of a child taken into custody under the provisions of this act either before or after the filing of a petition, if in the opinion of a licensed and qualified physician or surgeon the child is suffering from a serious physical condition or illness which requires prompt treatment or prompt examination is necessary to preserve evidence of neglect.
Wyo. Stat. Ann. § 14-3-421 Reports of medical or mental examinations; use of results; copies.
The results of any medical or mental examination authorized or ordered by the court shall be reported to the court in writing and signed by the person making the examination. The results may not be considered by the court prior to adjudication but may be considered only in making a disposition under this act. Copies of the examination reports shall be made available to the child's parents, guardian, custodian or attorney upon request.
Wyo. Stat. Ann. § 14-3-422 Advising of right to counsel required; appointment of counsel; verification of financial condition.
(a) At their first appearance before the court and at their initial hearing the child's parents, guardian or custodian shall be advised by the court of their right to be represented by counsel at every stage of the proceedings including appeal, and to employ counsel of their own choice.
(b) The court shall upon request appoint counsel to represent the child's parents, guardian or custodian if the child's parents, guardian or custodian are unable to obtain counsel. If appointment of counsel is requested, the court shall require the child's parents, guardian or custodian to verify their financial condition under oath, either by written affidavit signed and sworn to by the parties or by sworn testimony made a part of the record of the proceedings. The affidavit or sworn testimony shall state they are without sufficient money, property, assets or credit to employ counsel in their own behalf. The court may require further verification of financial condition if it deems necessary.
(c) The court may appoint counsel for any party when necessary in the interest of justice.
Wyo. Stat. Ann. § 14-3-423 Rights of parties generally; demand for and conduct of jury trial.
(a) A party to any proceeding under this act is entitled to:
(i) A copy of all charges made against him;
(ii) Confront and cross-examine adverse witnesses;
(iii) Introduce evidence, present witnesses and otherwise be heard in his own behalf; and
(iv) Issue of process by the court to compel the appearance of witnesses or the production of evidence.
(b) A party against whom a petition has been filed or the district attorney may demand a trial by jury at an adjudicatory hearing. The jury shall be composed of jurors selected, qualified and compensated as provided by law for the trial of civil matters in the district court. The jury may also be selected from the prospective jurors on the base jury list residing within five (5) miles of the city or town where the trial is to be held if the court directs. Demand for a jury trial must be made to the court not later than ten (10) days after the party making the demand is advised of his right to a jury trial at the initial hearing. No deposit for jury fees is required. Failure of a party to demand a jury is a waiver of this right.
Wyo. Stat. Ann. § 14-3-424 Conduct of hearings generally; exclusion of general public and child; exceptions; consolidations, continuances or deferrals permitted.
(a) Unless a jury trial is demanded, hearings under this act shall be conducted by the court without a jury in an informal but orderly manner and separate from other proceedings not included under this act. The district attorney shall present evidence in support of the petition and otherwise represent the state. If the allegations in the petition are denied, adjudicatory and disposition hearings shall be recorded by the court reporter or by electronic, mechanical or other appropriate means.
(b) Except in hearings to declare a person in contempt of court, the general public are excluded from hearings under this act. Only the parties, counsel for the parties, jurors, witnesses, and other persons the court finds having a proper interest in the proceedings or in the work of the court shall be admitted. If the court finds it necessary in the best interest of the child, the child may be temporarily excluded from any hearing.
(c) Hearings on two (2) or more petitions may be consolidated for purposes of adjudication when the allegations in the petitions pertain to the same act constituting the alleged neglect. Separate hearings on the petitions may be held thereafter for purposes of disposition.
(d) The court may, on the motion of any party or on its own motion, continue or defer any hearing as the work of the court or justice requires.
Wyo. Stat. Ann. § 14-3-425 Burden of proof required; verdict of jury; effect thereof.
(a) Allegations of conduct showing a child to be neglected must be proved by a preponderance of the evidence.
(b) If trial by jury is demanded, the jury shall decide issues of fact raised by the petition and return its verdict as to the truth of the allegations contained in the petition. A finding by the jury that the allegations are true is a determination that judicial intervention is necessary for the best interest and welfare of the child.
Wyo. Stat. Ann. § 14-3-426 Initial hearing; adjudicatory hearing; entry of decree and disposition; evidentiary matters; continuance of disposition hearing.
(a) There shall be an initial hearing. The initial hearing may be held in conjunction with the shelter care hearing provided the requirements of W.S. 14-3-413, 14-3-414 and 14-3-426 have been met. The initial hearing may also be held after a shelter care hearing or a transfer hearing. At the initial hearing, the child and his parents, guardian or custodian shall be advised by the court of their rights under law and as provided in this act. They shall also be advised of the specific allegations in the petition and given an opportunity to admit or deny them. They shall also be advised of the possible liability for costs of treatment or services pursuant to this act. It is not necessary at the initial hearing for the district attorney to establish probable cause to believe the allegations in the petition are true. If the allegations are admitted, the court shall make the appropriate adjudication and may proceed immediately to a disposition of the case, provided the court has the predisposition report and multidisciplinary team recommendations, in accordance with the provisions of W.S. 14-3-429, except that a commissioner acting in the absence or incapacity of the judge may take testimony to establish a factual basis and accept an admission and perform all other requirements of the initial hearing but shall not proceed to disposition.
(b) If the allegations of the petition are denied, the court may, with consent of the parties, proceed immediately to hear evidence on the petition or it may set a later time not to exceed sixty (60) days for an adjudicatory hearing, unless the court finds good cause to delay or postpone the hearing. In no case shall the court hold the adjudicatory hearing more than ninety (90) days after the date the petition is filed. Only competent, relevant and material evidence shall be admissible at an adjudicatory hearing to determine the truth of the allegations in the petition. If after an adjudicatory hearing the court finds that the allegations in the petition are not established as required by this act, it shall dismiss the petition and order the child released from any shelter care.
(c) If after an adjudicatory hearing or a valid admission or confession the court or jury finds that a child is neglected, it shall enter a decree to that effect stating the jurisdictional facts upon which the decree is based. It may then proceed immediately or at a postponed hearing within sixty (60) days to make proper disposition of the child.
(d) In shelter care hearings or disposition hearings, all material and relevant evidence helpful in determining questions may be received by the court and relied upon for probative value. The parties or their counsel may examine and controvert written reports received as evidence and cross-examine persons making the reports.
(e) On motion of any party or on its own motion, the court may continue a disposition hearing for a reasonable time not to exceed sixty (60) days to receive reports and other evidence bearing on the disposition to be made. The court shall make an appropriate order for shelter care of the child or for his release from shelter care subject to any terms and conditions the court deems necessary during the period of continuance.
(f) At any time prior to disposition under W.S. 14-3-429, the court, on motion of any party or on its own motion, may reconsider its order regarding shelter care or conditions of release made under W.S. 14-3-409 or 14-3-414.
(g) In the absence or incapacity of the judge, the initial hearing may be conducted by a district court commissioner.
Wyo. Stat. Ann. § 14-3-427 Predisposition studies and reports.
(a) After a petition is filed alleging a child is neglected, the court shall order the department of family services to make a predisposition study and report. The court shall establish a deadline for completion of the report. While preparing the study the department shall consult with the child's school and school district to determine the child's educational needs. The study and report shall also cover:
(i) The social history, environment and present condition of the child and his family;
(ii) The performance of the child in school, including whether the child receives special education services and how his goals and objectives might be impacted by the court's disposition, provided the school receives authorization to share the information;
(iii) The presence of child abuse and neglect or domestic violence histories, past acts of violence, learning disabilities, cognitive disabilities or physical impairments and the necessary services to accommodate the disabilities and impairments;
(iv) The presence of any mental health or substance abuse risk factors, including current participation in counseling, therapy or treatment; and
(v) Other matters relevant to treatment of the child, including any pertinent family information, or proper disposition of the case, including any information required by W.S. 21-13-315(d).
(b) Within ten (10) days after a petition is filed alleging a child is neglected, the court shall appoint a multidisciplinary team. Upon motion by a party, the court may add or dismiss a member of the multidisciplinary team.
(c) The multidisciplinary team shall include the following:
(i) The child's parent, parents or guardian;
(ii) A representative of the school district who has direct knowledge of the child and, if the child receives special education, is a member of the child's individualized education plan team;
(iii) A representative of the department of family services;
(iv) The child's psychiatrist, psychologist or mental health professional;
(v) The district attorney or his designee;
(vi) The child's attorney or guardian ad litem, if one is appointed by the court;
(vii) The volunteer lay advocate, if one is appointed by the court; and
(viii) The foster parent.
(d) In addition to the persons listed in subsection (c) of this section, the court may appoint one (1) or more of the following persons to the multidisciplinary team:
(i) Repealed By Laws 2005, ch. 236, § 4.
(ii) Repealed By Laws 2005, ch. 236, § 4.
(iii) The child;
(iv) A relative;
(v) If the predispositional study indicates a parent or child has special needs, an appropriate representative of the department of health's substance abuse, mental health or developmental disabilities division who has knowledge of the services available in the state's system of care that are pertinent to those identified needs;
(vi) Other professionals or persons who have particular knowledge relating to the child or his family, or expertise in children's services and the child's or parent's specific disability or special needs, including linguistic and cultural needs.
(e) Before the first multidisciplinary team meeting, the department of family services shall provide each member of the multidisciplinary team with a brief summary of the case detailing the allegations in the petition that have been adjudicated, if any. The multidisciplinary team shall review the child's personal and family history, school records, mental health records and department of family services records and any other pertinent information, for the purpose of making case planning recommendations. To the extent appropriate, the team shall involve the child in the development of the recommendations.
(f) At the first multidisciplinary team meeting, the team shall formulate reasonable and attainable recommendations for the court outlining the goals or objectives the parents should be required to meet for the child to be returned to the home or for the case to be closed, or until ordered by the court in termination proceedings. At each subsequent meeting, the multidisciplinary team shall review the progress of the parents and the child, and shall reevaluate the plan ordered by the court. For cause, which shall be set forth with specificity, the multidisciplinary team may adjust its recommendations to the court with respect to the goals or objectives in the plan to effect the return of the child to the home or to close the case. In formulating recommendations, the multidisciplinary team shall give consideration to the best interest of the child, the best interest of the family, the most appropriate and least restrictive case planning options available as well as costs of care. After each multidisciplinary team meeting, the coordinator shall prepare for submission to each member of the team and to the court a summary of the multidisciplinary team meeting specifically describing the recommendations for the court and the goals and objectives which should be met to return the child to the home or to close the case. If the recommendations for the case plan have been changed, the summary shall include a detailed explanation of the change in the recommendations and the reasons for the change.
(g) All records, reports and case planning recommendations of the multidisciplinary team are confidential except as provided by this section. Any person who willfully violates this subsection is guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500.00).
(h) The court shall not consider any report or recommendation under this section prior to adjudication of the allegations in the petition without the consent of the child and the child's parents, guardian or custodian.
(j) Any member of a multidisciplinary team who cannot attend team meetings in person or by telephone may submit written reports and recommendations to the other team members and to the court. Individuals who are not members of the multidisciplinary team but have knowledge pertinent to the team's decisions may be asked to provide information to the multidisciplinary team. The individuals shall be bound by the confidentiality provisions of subsection (g) of this section.
(k) The department shall develop a case plan for a child when there is a recommendation to place the child outside the home. If a parent chooses not to comply with or participate in the case plan developed by the department, that parent is prohibited from later objecting to or complaining about the services that were provided to the child and family.
(m) If the child is placed outside the home, the multidisciplinary team shall meet quarterly to review the child's and the family's progress toward meeting the goals or expectations in the case plan and the multidisciplinary team shall provide a written report with recommendations to the court prior to each review hearing.
(n) No later than five (5) business days prior to the dispositional hearing, the multidisciplinary team shall file with the court the multidisciplinary team report which shall include the multidisciplinary team's recommendations and the department case plan in a standard format established by the department.
(o) Five (5) business days prior to each review hearing, the multidisciplinary team shall file with the court a report updating the multidisciplinary team report, the multidisciplinary team's recommendations and the department case plan.
Wyo. Stat. Ann. § 14-3-428 Abeyance of proceedings by consent decree; term 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.
Wyo. Stat. Ann. § 14-3-429 Decree where child adjudged neglected; dispositions; terms and conditions; legal custody.
(a) In determining the disposition to be made under this act in regard to any child:
(i) The court shall review the predisposition report, the recommendations, if any, of the multidisciplinary team, the case plan and other reports or evaluations ordered by the court and indicate on the record what materials were considered in reaching the disposition;
(ii) If the court does not place the child in accordance with the recommendations of the predisposition report or multidisciplinary team, the court shall enter on the record specific findings of fact relied upon to support its decision to deviate from the recommended disposition;
(iii) When a child is adjudged by the court to be neglected the court shall enter its decree to that effect and make a disposition as provided in this section that places the child in the least restrictive environment consistent with what is best suited to the public interest of preserving families and the physical, mental and moral welfare of the child;
(iv) When a child is adjudged to be neglected the court shall ensure that reasonable efforts were made by the department of family services to prevent or eliminate the need for removal of the child from the child's home or to make it possible for the child to return to the child's home. 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;
(v) The court shall not order an out-of-state placement unless:
(A) Evidence has been presented to the court regarding the costs of the out-of-state placement being ordered together with evidence of the comparative costs of any suitable alternative in-state treatment program or facility, as determined by the department of family services pursuant to W.S. 21-13-315(d)(vii), whether or not placement in the in-state program or facility is currently available;
(B) The court makes an affirmative finding on the record that no placement can be made in a Wyoming institution or in a private residential treatment facility or group home located in Wyoming that can provide adequate treatment or services for the child; and
(C) The court states on the record why no in-state placement is available.
(b) If the child is found to be neglected the court may:
(i) Permit the child to remain in the legal custody of his parents, guardian or custodian without protective supervision, subject to terms and conditions prescribed by the court;
(ii) Place the child under protective supervision;
(iii) Transfer temporary legal custody to a relative or other suitable adult the court finds qualified to receive and care for the child, with or without supervision, subject to terms and conditions prescribed by the court;
(iv) Transfer temporary legal custody to the department of family services or a state or local public agency responsible for the care and placement of neglected children, provided the child shall not be committed to the Wyoming boys' school, the Wyoming girls' school or the Wyoming state hospital.
(c) In cases where a child is ordered removed from the child's home:
(i) If a child is committed or transferred to an agency or institution under this section, at least every three (3) months the agency or institution shall recommend to the court if the order should be continued;
(ii) The court shall order the parents or other legally obligated person to pay a reasonable sum for the support and treatment of the child as required by W.S. 14-3-435, or shall state on the record the reasons why an order for support was not entered;
(iii) In cases where the child is placed in custody of the department, support shall be established by the department through a separate civil action;
(iv) Any order regarding potential placement at a psychiatric residential treatment facility shall not specify a particular psychiatric residential treatment facility or level of care for the placement of the child;
(v) If the child is placed in a qualified residential treatment program:
(A) Within thirty (30) days of the placement a qualified individual shall conduct an assessment to determine whether the child's needs can be met through placement with family members or in a foster family home, or if the 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 short-term and long-term goals of the child and the child's permanency plan;
(B) Within sixty (60) days of the placement the court shall:
(I) Consider the assessment completed pursuant to subparagraph (A) of this paragraph;
(II) Determine whether the child's needs can be met through placement in a foster family home or whether the placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment;
(III) Determine whether the placement is consistent with short-term and long-term goals of the child, as specified in the child's permanency plan;
(IV) Approve or disapprove the placement.
(d) As a part of any order of disposition and the terms and conditions thereof, the court may:
(i) Impose any demands, requirements, limitations, restrictions or restraints on the child, and do all things with regard to the child that his parents might reasonably and lawfully do under similar circumstances;
(ii) Order the child, or his parents, or both, to undergo evaluation and indicated treatment or another program designed to address problems which contributed to the adjudication. A parent who willfully violates or neglects or refuses to comply with any order of the court may be found in contempt and punished as provided by W.S. 14-3-438;
(iii) Require the child's parents or guardian to attend a parenting class or other appropriate education or treatment designed to address problems which contributed to the adjudication and to pay all or part of the cost of the class, education or treatment in accordance with the court's determination of their ability to pay;
(iv) Require the child's parents or guardian and the child to participate in a court supervised treatment program qualified under W.S. 5-12-101 through 5-12-118, provided the court supervised treatment program accepts the child's parents or guardian and the child for participation in its program.
(e) An institution, organization or agency vested with legal custody of a child by court order shall have the right to determine where and with whom the child shall live, provided that placement of the child does not remove him from the state of Wyoming without court authorization. An individual vested with legal custody of a child by court order shall personally exercise custodial rights and responsibilities unless otherwise authorized by the court.
(f) Whenever the court vests legal custody of a child in an institution, organization or agency it shall transmit with the order copies of all clinical reports, social studies and other information pertinent to the care and treatment of the child. The institution, organization or agency receiving legal custody of a child shall provide the court with any information concerning the child that the court may request.
(g) In placing a child in the custody of an individual or a private agency or institution, the court shall give primary consideration to the needs and welfare of the child. Where a choice of equivalent services exists, the court shall, whenever practicable, select a person or an agency or institution governed by persons of the same religion as that of the parents of the child. In case of a difference in the religious faith of the parents, then the court shall select the person, agency or institution governed by persons of the religious faith of the child, or if the religious faith of the child is not ascertainable, then of the faith of either parent.
(h) Absent a specific provision in the placement order requiring prior court approval for any change in placement, a department of state government vested with temporary legal custody of a child by court order under this section has authority to place the child in a residential facility or other out-of-home placement of similar or less restrictive confinement provided:
(i) At least ten (10) days prior to the change in placement written notice of the proposed placement is served upon the child, the child's parents, the child's representative, the current placement provider and the office of the district attorney of original jurisdiction, personally or by certified mail to the recipient's last known address; and
(ii) None of the parties within ten (10) days after notice is filed with the juvenile court having jurisdiction, makes a written objection to the proposed change in placement.
(j) If a placement order vesting a department of state government with temporary legal custody of a child under this section includes a provision that court approval shall be required prior to any change in placement, the department may proceed to place the child in a residential facility or other out-of-home placement of similar or less restrictive confinement, and the court shall be deemed to have approved such change in placement, if:
(i) The conditions of paragraphs (h)(i) and (ii) of this section are met; and
(ii) The court on its own motion does not set the matter for hearing within fifteen (15) days after notice of the proposed change in placement is filed with the juvenile court.
Wyo. Stat. Ann. § 14-3-430 Orders of protection; requirements.
(a) On application of any party to the proceedings or on its own motion the court may make an order of protection in support of the decree and order of disposition, restraining or otherwise controlling the conduct of the child's parents, guardian or custodian or any party to the proceeding whom the court finds to be encouraging, causing or contributing to the acts or conditions which bring the child within the provisions of this act.
(b) The order of protection may require the person against whom it is directed to do or to refrain from doing any acts required or forbidden by law and necessary for the welfare of the child and the enforcement of the order of disposition, including the following requirements to:
(i) Perform any legal obligation of support;
(ii) Not make contact with the child or his place of abode;
(iii) Permit a parent reasonable visitation privileges under specified conditions and terms; or
(iv) Give proper attention to care of the home and to refrain from conduct detrimental to the child and the home environment.
Wyo. Stat. Ann. § 14-3-431 Duration of orders of disposition; termination 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.
Wyo. Stat. Ann. § 14-3-432 Appeal; right generally; transcript provided; cost thereof.
(a) Any party including the state may appeal any final order, judgment or decree of the juvenile court to the supreme court within the time and in the manner provided by the Wyoming Rules of Appellate Procedure.
(b) Upon motion of the child's parents, guardian or custodian, supported by affidavit stating they are financially unable to purchase a transcript of the proceeding, a transcript or so much thereof necessary to support the appeal shall be provided at no cost or at a cost the court determines they are able to pay. Any cost of the transcript not charged to the appellant shall be certified by the court to the county treasurer and paid from the funds of the county in which the proceedings were held.
Wyo. Stat. Ann. § 14-3-433 Stay of orders pending appeal; securing of payment; staying transfer of legal custody.
(a) If an appeal is taken, an order to pay a fine, costs, support for a child, restitution or any order for the payment of money may be stayed by the juvenile court or by the supreme court pending appeal. The court may require the appellant to deposit with the clerk of court the whole or any part of the payment ordered, to give bond for the payment thereof or any other terms and conditions to secure payment upon final determination of the appeal as the court deems proper. The court may also issue any appropriate order to restrain the appellant from dissipating his assets pending appeal.
(b) Either the juvenile court or the supreme court may stay an order transferring legal custody of a child to a person, agency, organization or institution other than his parents, guardian or former custodian, provided that suitable provision is made for the shelter care of the child pending the appeal.
Wyo. Stat. Ann. § 14-3-434 Fees, costs and expenses.
(a) There is no fee for filing a petition under this act nor shall any state, county or local law enforcement officer charge a fee for service of process under this act. Witness fees, juror fees and travel expenses in the amounts allowable by law may be paid to persons other than the parties who are subpoenaed or required to appear at any hearing pursuant to this act.
(b) The following costs and expenses, when approved and certified by the court to the county treasurer, shall be a charge upon the funds of the county where the proceedings are held and shall be paid by the board of county commissioners of that county:
(i) Witness fees and travel expense;
(ii) Jury fees, costs and travel expense;
(iii) Costs of service of process or notice by certified mail;
(iv) Costs of any physical or mental examinations or treatment ordered by the court;
(v) Reasonable compensation for services and costs of counsel appointed by the court;
(vi) Reasonable compensation for services and costs of a guardian ad litem appointed by the court, unless the county participates in the guardian ad litem program administered by the office of guardian ad litem pursuant to W.S. 14-12-101 through 14-12-104 and the office was appointed to provide the guardian ad litem; and
(vii) Any other costs of the proceedings which would be assessable as costs in the district court.
(c) In every case in which a guardian ad litem has been appointed to represent the child under this act or in which counsel has been appointed under this act to represent the child's parents, guardian or custodian, the court shall determine whether the child's parents, guardian, custodian or other person responsible for the child's support is able to pay part or all of the costs of representation and shall enter specific findings on the record. If the court determines that any of the parties is able to pay any amount as reimbursement for costs of representation, the court shall order reimbursement or shall state on the record the reasons why reimbursement was not ordered. The court may also in any case order that all or any part of the costs and expenses enumerated in paragraphs (b)(i), (iii), (iv) and (vii) of this section, be reimbursed to the county by the child's parents or any person legally obligated for his support, or any of them jointly and severally, upon terms the court may direct. An order for reimbursement of costs made pursuant to this subsection may be enforced as provided in W.S. 14-3-435. Any reimbursement ordered for guardian ad litem services provided pursuant to W.S. 14-12-101 through 14-12-104 shall be apportioned between the county and the guardian ad litem program in accordance with payments made for those services.
Wyo. Stat. Ann. § 14-3-435 Ordering payment for support and treatment of child; how paid; enforcement.
(a) When legal custody of a child, other than temporary guardianship, is vested by court order in an individual, agency, institution or organization other than the child's parents, the court shall in the same or any subsequent proceeding inquire into the financial condition of the child's parents or any other person who may be legally obligated to support the child. After due notice and hearing the court shall order the parents or any other legally obligated person to pay a reasonable sum for the support and treatment of the child during the time that a dispositional order is in force. The requirements of W.S. 20-2-101 through 20-2-406 apply to this section. The amount of support shall be determined in accordance with the presumptive child support established by W.S. 20-2-304. In any case where the court has deviated from the presumptive child support, the reasons therefor shall be specifically set forth in the order. The amount ordered to be paid shall be paid to the clerk of the juvenile court for transmission to the person, institution or agency having legal custody of the child or to whom compensation is due. The clerk of court is authorized to receive periodic payments payable in the name or for the benefit of the child, including but not limited to social security, veteran's administration benefits or insurance annuities, and apply the payments as the court directs. An order for support under this subsection shall include a statement of the addresses and social security numbers if known, of each obligor, the names and addresses of each obligor's employer and the names and birth dates of each child to whom the order relates. The court shall order each obligor to notify the clerk of court in writing within fifteen (15) days of any change in address or employment. If any person who is legally obligated to support the child does not have full time employment, the court may require that person to seek full time employment and may require community service work in lieu of payment until full time employment is obtained.
(b) An order for the payment of money entered against a parent or other person legally obligated to support a child under the provisions of W.S. 14-3-434, 20-2-101 through 20-2-406 or this section shall be entered separately from the decree of disposition under W.S. 14-3-429 and shall not be treated as a part of the confidential court record under W.S. 14-3-437. The order may be filed in the district court of any county in the state. From the time of filing, the order shall have the same effect as a judgment or decree of the district court in a civil action and may be enforced by the district attorney, or the department of family services in the same manner and with the same powers as in other child support cases under W.S. 20-2-303, 20-2-304, 20-2-307, 20-2-311, 20-2-401 through 20-2-406 and 20-6-101 through 20-6-222, or in any manner provided by law for enforcement of a civil judgment for money.
Wyo. Stat. Ann. § 14-3-436 Proceedings deemed in equity.
All proceedings under this act shall be regarded as proceedings in equity and the court shall have and exercise equitable jurisdiction.
Wyo. Stat. Ann. § 14-3-437 Records and reports confidential; inspection.
(a) Throughout proceedings pursuant to this act the court shall safeguard the records from disclosure. Upon completion of the proceedings, whether or not there is an adjudication, the court shall order the entire file, except for child support orders, and record of the proceeding sealed and the court shall not release these records except to the extent necessary to meet the following inquiries:
(i) From another court of law;
(ii) From an agency preparing a presentence report for another court;
(iii) From a party to the proceeding;
(iv) From the department of family services for purposes of establishing, modifying or enforcing a support obligation.
(b) Upon receipt of inquiries as set out in this section, the court may release a copy of the presentence investigation report together with a cover letter stating the disposition of the proceeding.
Wyo. Stat. Ann. § 14-3-438 Liability for contempt; penalties.
Notwithstanding any other provision of law, the court upon its own motion or upon the motion of the district or county attorney, or guardian ad litem, may find that the child's parent, parents, or guardian or any other person who willfully violates, or neglects or refuses to obey or perform any order or provision of this act is liable for contempt of court and may be fined not more than five hundred dollars ($500.00) or incarcerated not more than ninety (90) days, or both.
Wyo. Stat. Ann. § 14-3-439 Separate docket for juvenile cases; availability of records for statistics.
The clerk of the court shall maintain a separate docket for cases under this act and record therein the case number, the allegations of the petition, the age of the child involved and the disposition made. The records shall be made available for statistical purposes provided the names of the parties are not revealed.
Wyo. Stat. Ann. § 14-3-440 Reasonable efforts for family reunification; exceptions.
(a) Except as provided in W.S. 14-2-309(b) or (c), reasonable efforts shall be made to preserve and reunify the family:
(i) Prior to placement of the child outside the home, to prevent or eliminate the need for removing the child from the child's home; and
(ii) To make it possible for the child to safely return to the child's home.
(b) In determining what reasonable efforts shall be made with respect to a child and in making those reasonable efforts, the child's health and safety shall be the paramount concern.
(c) Reasonable efforts to place a child for adoption or with a legal guardian may be made concurrently with the reasonable efforts described in subsection (a) of this section.
(d) If continuation of reasonable efforts described in subsection (a) of this section is determined to be inconsistent with the permanency plan for the child, reasonable efforts shall be made for placement of the child in a timely manner in accordance with the permanency plan, and to complete the steps necessary to finalize the permanent placement of the child.
(e) Reasonable efforts determinations shall include whether or not services to the family have been accessible, available and appropriate.
(f) The court shall make the reasonable efforts determinations required under this section at every court hearing. The reasonable efforts determinations shall be documented in the court's orders.
(g) 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:
(i) A permanency hearing as provided in W.S. 14-3-431(e) shall be held for the child within thirty (30) days after the determination; and
(ii) Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child.
(h) Repealed by Laws 2005, ch. 201, § 2.
Wyo. Stat. Ann. § 14-3-441 Confidentiality in court proceedings.
In the event a confidentiality order has been entered pursuant to W.S. 35-21-112 or any other court order allowing a party to maintain confidentiality of addresses or other information identifying the residence of the victim of domestic abuse, the address and city or state of residence and other information identifying the residence of the victim of domestic abuse and any child residing with the victim of domestic abuse shall remain confidential in any court proceedings under this title.
Wyo. Stat. Ann. § 14-3-501 Definitions.
(a) As used in this article:
(i) "Access software provider" means a provider of software, including client or server software, or enabling tools that do any one (1) or more of the following:
(A) Filter, screen, allow or disallow content;
(B) Pick, choose, analyze or digest content;
(C) Transmit, receive, display, forward, cache, search, subset, organize, reorganize or translate content.
(ii) "Child pornography" means as defined by W.S. 6-4-303(a)(ii);
(iii) "Covered platform" means an entity that operates a website that, in the regular course of business, creates, hosts or makes available content that is material harmful to minors that is provided by the entity, a user or other information content provider for purposes of making a profit. "Covered platform" includes an entity described in this paragraph regardless of whether the entity:
(A) Earns a profit on the activities described in this paragraph; or
(B) Creates, hosts, or makes available content that is material harmful to minors as the sole source of income or principal business of the entity.
(iv) "Interactive computer service" means any information service, system or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and systems operated or services offered by libraries or educational institutions;
(v) "Information content provider" means any person that is responsible, in whole or in part, for the creation or development of information provided through the internet or any other interactive computer service;
(vi) "Material harmful to minors" means any picture, image, graphic image file, film, videotape or other visual depiction that is obscene or is child pornography;
(vii) "Minor" means a person who has not attained the age of eighteen (18) years;
(viii) "Obscene" means as defined by W.S. 6-4-301(a)(iii);
(ix) "Reasonable age verification measures" include:
(A) A Wyoming driver's license as defined by W.S. 31-7-102(a)(xxv);
(B) A Wyoming identification card issued under W.S. 31-8-101;
(C) A valid United States passport;
(D) A United States military card;
(E) A tribal identification card;
(F) A driver's license or identification card issued by any state or outlying possession of the United States;
(G) A credit card, except for cards that do not require the person in ownership of the credit card account to be eighteen (18) years of age or older;
(H) A debit card, except for cards that do not require the person in ownership of the debit card account to be eighteen (18) years of age or older;
(J) Any other means or method that reliably and accurately can determine whether a user of a covered platform is a minor.
Wyo. Stat. Ann. § 14-3-502 Covered platforms with material harmful to minors; age verification; exceptions.
(a) Except as otherwise provided in W.S. 14-3-504, any covered platform shall perform reasonable age verification methods to verify the age of all persons accessing or attempting to access the material and shall prevent access by minors to the material.
(b) Any covered platform or third party that performs the required age verification shall not retain any identifying information of the person after access has been granted to the material.
Wyo. Stat. Ann. § 14-3-503 Covered platforms; age verification; liability; limitations.
(a) Any parent or guardian of a minor who is aggrieved by a violation of W.S. 14-3-502 shall have a cause of action on the minor's behalf against the covered platform that violated W.S. 14-3-502.
(b) Any person may bring a civil action against a covered platform for knowingly retaining identifying information of the person after access to the material harmful to minors has been granted to the person in violation of W.S. 14-3-502.
(c) Any covered platform that violates W.S. 14-3-502 shall be liable to a person for damages, including those defined in this section, court costs and reasonable attorney fees.
(d) A covered platform that is found to have knowingly retained identifying information of a person in violation of W.S. 14-3-502(b) after access to the covered platform has been granted to the person shall be liable to the person for damages for retaining the identifying information, including court costs and reasonable attorney fees.
(e) A plaintiff who brings a successful cause of action under subsection (a) of this section shall, in addition to the damages specified in subsection (c) of this section, receive damages in an amount of five thousand dollars ($5,000.00) for each instance that the covered platform failed to perform reasonable age verification methods to restrict a minor's access to material harmful to minors. For purposes of this subsection, each failure to perform age verification shall constitute a separate violation.
(f) A person may bring an action under this section regardless of whether another court has declared any provision of this article unconstitutional unless that court decision is binding on the court in which the action is brought.
(g) No covered platform or information content provider shall be entitled to assert that the outcome of any previous litigation involving other parties, wherever that litigation may have occurred, is a bar to any cause of action authorized by this section.
(h) Notwithstanding any other provision of law:
(i) Violations of W.S. 14-3-502 shall be enforced exclusively through the civil actions provided in this section;
(ii) No direct or indirect enforcement of this article shall be taken or threatened by the state or any other political subdivision of the state against any person in any manner whatsoever except as provided in this section.
(j) Except as provided in subsection (k) of this section, any waiver, purported waiver or estoppel of a person's right to bring an action as provided under this section shall be void as unlawful and against public policy. No court or arbitrator shall enforce or give effect to a waiver or estoppel, notwithstanding any choice-of-law provision or other provision in any contract or other agreement.
(k) The prohibition in subsection (j) of this section shall not apply to contractual waivers to the extent that the application of the prohibition in subsection (j) of this section would impair a contract or contract obligation in violation of the constitutions of the United States or Wyoming.
Wyo. Stat. Ann. § 14-3-504 Covered platforms; age verification; applicability and exceptions.
(a) This article shall apply only to minors who:
(i) Are permanent residents of Wyoming;
(ii) Have resided in Wyoming for more than one (1) year; or
(iii) Have been sojourning or present in Wyoming for not less than thirty-one (31) consecutive days.
(b) This article shall not:
(i) Apply to any internet service provider, any affiliate or subsidiary of an internet service provider, any general purpose search engine or cloud service provider;
(ii) Subject a covered platform to any cause of action or liability to the extent the covered platform is protected from liability or causes of action under federal law;
(iii) Excuse any person from any other legal duties arising from compliance with this article or relieve any person from any other available legal remedies;
(iv) Apply in cases to the extent the article would violate the commerce clause of the United States Constitution.
(c) Any contract, agreement or other arrangement made or entered in violation of this article shall be contrary to law and public policy and shall be void and unenforceable.
Source: WY Statutes (Official Site)URL: https://wyoleg.gov/statutes/compress/title14.pdfFetched: 10/4/2026