Summary 2010 WY 9

Summary of Decision issued January 28, 2010

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

Case Name: JLW v. CAB

Citation: 2010 WY 9

Docket Number: S-09-0097

Appeal from the District Court of Carbon County, the Honorable Wade E. Waldrip, Judge.

Representing Appellant JLW: John M. Burman, Director, Legal Services; Marci Day, Student Director, Legal Services.

Representing Appellee CAB: Juan Leo DeHerrera, DeHerrera & Bach Law Center, PC, Rawlins, Wyoming.

Facts/Discussion: JLW (Father) appealed the district court’s order terminating his parental rights. He claimed the district court failed to satisfy the social study requirements and that there was insufficient evidence to support the finding that he was an unfit parent.

Social study: The social study required by § 14-2-314 was not completed until after the trial was complete. The social study was filed with the court on January 15, 2009 and Father’s rights were terminated on February 20, 2009. It was not clear from the record whether the district court reviewed the study prior to entry of the termination order. Father failed to identify any information that should have been included in the study that was not presented to the district court during trial. The information in the study was cumulative and nothing contradicted the trial evidence.
Sufficiency of evidence: The district court specifically found that Father’s incarceration for aggravated burglary did not by itself demonstrate unfitness. The amount of time Father spent in prison had an impact on his fitness, that he did not initiate legal action to obtain visitation rights, and that he never voluntarily paid child support. Although Father contended he would be released from jail in 2010, felony charges were still pending in Utah. The Court stated the decision was supported by clear and convincing evidence.

Conclusion: The information in the social study (completed after trial) was cumulative and nothing in the study contradicted the trial evidence. The district court’s decision was supported by clear and convincing evidence. The Court found no error in the district court’s determination that Father’s parental rights should have been terminated.

Affirmed.

J. Burke delivered the decision.

Link: http://tinyurl.com/yauh5bn .

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