Summary 2014 WY 10

Summary of Decision January 23, 2014

Justice Voigt delivered the opinion of the Court. Affirmed.

Case Name: IN THE INTEREST OF LB, BO, KO, Minors, STATE OF WYOMING, DEPARTMENT OF FAMILY SERVICES v. DH and CB (Respondents) and STATE OF WYOMING (Petitioner)

Docket Number: S-13-0095

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

Appeal from the District Court of Campbell County the Honorable Dan R. Price II, Judge

Representing Appellant: Gregory A. Phillips, Wyoming Attorney General; Peter K. Michael, Chief Deputy Attorney General; Robin Sessions Cooley, Deputy Attorney General; Jill E. Kucera, Senior Assistant Attorney General; Christina F. McCabe, Senior Assistant Attorney General. Argument by Ms. McCabe.

Representing Appellees DH and CB: No appearance.

Representing Appellee State of Wyoming: Martin L. Hardsocg, Deputy Attorney General; Lisa K. Finkey, Special Assistant Attorney General. Argument by Ms. Finkey.

Guardian Ad Litem: Dan S. Wilde and Aaron S. Hockman. Argument by Mr. Hockman.

Date of Decision: January 23, 2014

Facts: The State filed a neglect petition in the interests of BO and KO after the Department of Family Services (DFS) received reports regarding the care the children were receiving from their mother, DH, and stepfather, CB. After DFS’ efforts to reunify BO and KO with DH failed, the juvenile court ordered the children to remain in the custody of their father, SO, and that DFS move to terminate the parental rights of DH to those children. DFS appeals that order, claiming it cannot move to terminate DH’s parental rights because it does not have custody of the children and, therefore, is not an “authorized agency” under Wyo. Stat. Ann. § 14-2-310(a)(iii).

Issue: Before DFS can be considered an “authorized agency” that may file a petition to terminate one’s parental rights, must DFS have custody of the child or children in question?

Holdings/Conclusion: DFS is an “authorized agency,” pursuant to Wyo. Stat. Ann. § 14-2-310(a)(iii), regardless of whether it has the physical and/or legal custody of the child in question. Thus, the district court’s order, requiring DFS to move forward with a petition to terminate DH’s parental rights to BO and KO, is affirmed.

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

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