Summary 2009 WY 155

Summary of Decision issued December 30, 2009

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: State, Dept of Family Services v. TWE, III

Citation: 2009 WY 155

Docket Number: S-09-0123

Appeal from the District Court of Campbell County, the Honorable John R. Perry, Judge.

Representing Appellant State: Bruce A. Salzburg, Attorney General; Robin Sessions Cooley, Deputy Attorney General; Jill E. Kucera, Senior Assistant Attorney General.

Representing Appellee TWE,III: Kenneth Bert DeCock, Plains Law Offices, LLP, Gillette, Wyoming.

Facts/Discussion: DFS appealed the district court denial of a petition to terminate Father’s parental rights.
Father argued the case had become moot and bore the burden of bringing to the reviewing court a sufficient record on which to base its decision. The affidavit of his counsel which was attached to his brief on appeal was not properly part of the record on review. Because the record contained no proper support the Court did not consider it further. The case was not moot because the Court’s decision could have a practical impact on DFS’s subsequent actions, Father’s parental rights and the children’s futures.
The evidence showed the case began as one about ensuring that the children had a clean, safe environment with appropriate medical, dental and other care that became a case about whether Father wanted to be with his children enough to stop using marijuana. Termination of parental rights requires clear and convincing evidence that the child’s health and safety would be seriously jeopardized by remaining with or returning to the parent. The Court deferred to the district court’s findings of fact.

Conclusion: Under the applicable standard of review, the district court’s decision was subject to strict scrutiny. The Court defers to the district court’s findings if they are supported by evidence in the record. In the instant case, the district court correctly applied the law and there was evidence in the record sufficient to support its findings of fact.

Affirmed.

J. Burke delivered the decision.

Link: http://tinyurl.com/ydza9pu .

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