Summary 2007 WY 189

Summary of Decision issued December 5, 2007

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Case Name: In the Interest of MN, S(e)N, S(h)N: LM v. Laramie County Dep’t of Damily Services

Citation: 2007 WY 189

Docket Number: C-06-12

Appeal from the District court of Laramie County, the Honorable Peter G. Arnold, Judge

Representing Appellant (Respondent): Dameione S. Cameron of Parsons Law Offices, PC, Cheyenne, Wyoming. Argument by Mr. Cameron.

Representing Appellee (Petitioner): Patrick J. Crank, Attorney General; Robin Sessions Cooley, Deputy Attorney General; Dan S. Wilde, Senior Assistant Attorney General; Sue Chatfield, Senior Assistant Attorney General; and Nancy D. Conrad, Assistant Attorney General. Argument by Ms. Chatfield.

Issue: Whether the language of Wyo. Stat. Ann. § 14-2-312 gives the district court any choice other than to appoint a guardian ad litem for the children or to find that none is required because the interests of the children will be represented by the petitioner or another party.

Facts/Discussion: The Appellant appeals the termination of her parental rights, arguing among other things, that no guardian ad litem was appointed to represent her children.
Standard of Review: The Court reviews questions of law such as statutory interpretation, de novo. The Court begins by making an inquiry relating to the ordinary and obvious meaning of the words employed.
The Court noted that they have repeatedly found the word “shall” in a statute to be mandatory which readily led them to the conclusion that Wyo. Stat. Ann. § 14-2-312 is an unambiguous mandatory statute that does not allow the district court discretion. The statute leaves no room for an assumption that the Department of Family Services will adequately represent the interests of the child(ren) in a termination action.

Holding: Wyo. Stat. Ann. § 14-2-312 is an unambiguous mandatory statute that requires the district court in a parental rights termination action either to appoint a guardian ad litem to represent the involved child(ren) or to make a finding that no guardian ad litem is necessary because the petitioner or another party to the action will adequately represent the interests of the child(ren) and the interests of the child(ren) are not adverse to that party.

Reversed and remanded.

C.J. Voigt delivered the opinion.

Link: http://tinyurl.com/35hfjq .