Summary 2012 WY 68

Summary of Decision May 16, 2012


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Case Name: IN THE MATTER OF THE TERMINATION OF PARENTAL RIGHTS TO: ZMETS, ZCJS, ZPMS, and ZKMS, Minor Children, DMM, v. THE STATE OF WYOMING, DEPARTMENT OF FAMILY SERVICES

Docket Number: S-11-0212

URL: http://wyomcases.courts.state.wy.us/applications/oscn/DeliverDocument.asp?CiteID=465689

Appeal from the District Court of Sweetwater County, Honorable David B. Park, Judge

Representing Appellant (Plaintiff/Defendant): Timothy C. Cotton, Timothy C. Cotton, PC, Casper, Wyoming

Representing Appellee (Plaintiff/Defendant): Gregory A. Phillips, Attorney General; Robin Sessions Cooley, Deputy Attorney General; Jill E. Kucera, Senior Assistant Attorney General; Susan K. Stipe, Senior Assistant Attorney General. Argument by Ms. Stipe.

Guardian Ad Litem: Roxie Hensley, Hensley Law LLC, Laramie, Wyoming.

Date of Decision: May 16, 2012

Facts: Appellant, DMM, challenged the district court’s order terminating her parental rights pursuant to Wyo. Stat. Ann. §§ 14-2-309(a)(iii) and (a)(v). She claimed there was insufficient evidence to support the district court’s decision.

Issues: Appellant raised the following issues: Whether the Trial Court record contains clear and convincing evidence supporting termination under applicable Wyoming Statutes.

The Department of Family Services (DFS) presented the issues as follows: Can Mother, who failed to timely answer the petition to terminate parental rights, appeal the entry of a default judgment on the basis of sufficiency of the evidence?

Was there sufficient evidence presented in the default hearing and in the complaint to constitute clear and convincing evidence to support the termination of Mother’s parental rights?

The children’s guardian ad litem phrased the issue in a substantially similar manner.

Holdings: The district court’s order terminating Appellant’s parental rights was affirmed.

Justice Burke delivered the opinion for the court.