Summary 2012 WY 100

Summary of Decision July 23, 2012

Justice Hill delivered the opinion for the Court. Affirmed.

Case Name: IN THE MATTER OF THE TERMINATION OF PARENTAL RIGHTS TO: KMO, DMO, CMO, and AKO, Minor Children PRG, v. STATE OF WYOMING, DEPARTMENT OF FAMILY SERVICES

Docket Number: S-11-0225

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Natrona County, Honorable John C. Brackley, Judge.

Representing Appellant: Cindi Wood, Casper, WY.

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; Robin Sessions Cooley, Deputy Attorney General; Jill E. Kucera, Senior Assistant Attorney General; Sue Chatfield, Senior Assistant Attorney General.

Guardian ad Litem: Cynthia K. Sweet, Casper, WY.

Date of Decision: July 23, 2012

Facts: PRG (Father) appealed the district court’s order following a jury verdict terminating his parental rights to his four minor children. Father contended that the district court erred when it refused to use his proposed jury verdict form. He also claimed that the State of Wyoming, Department of Family Services (DFS) presented insufficient evidence to terminate his parental rights and challenged the district court’s denial of his motion for a judgment as a matter of law.

Issues: Father presented three issues for the Court’s consideration:

I. Did the district court err in refusing [Father’s] proposed Jury Verdict Form requiring the jury to consider the father’s fitness in relation to each minor child.

II. Whether the evidence presented was sufficient to allow the [Father’s] parental rights to be terminated as to the four minor children at issue.

III. Whether the trial court erred in failing to grant [Father’s] Motion for Judgment as a Matter of Law in Jury Trials, W.R.C.P. Rule 50(a).

Holdings: The special verdict form given to the jury was appropriate and the district court did not abuse its discretion in refusing Father’s proposed verdict form. DFS presented sufficient evidence for this matter to be submitted to the jury and clear and convincing evidence supported the jury’s verdict and the district court’s order terminating Father’s parental rights to his four minor children. Affirmed.

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

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