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.

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note, when you look at the opinion, that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quotation, the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance.]

Summary 2013 WY 160

Summary of Decision December 24, 2013

Justice Davis delivered the opinion of the Court. We dismiss the appeal and remand to the district court with instructions to vacate the portion of the order accepting the relinquishment and consent.

Case Name: IN THE MATTER OF THE TERMINATION OF THE PARENTAL RIGHTS TO:
E.R.C.K., Minor Child, V.L.K v. STATE OF WYOMING, DEPARTMENT OF FAMILY SERVICES

Docket Number: S-13-0091

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

Appeal from the District Court of Albany County the Honorable Jeffrey A. Donnell, Judge

Representing Appellant: Peggy A. Trent, Trent Law Office, LLC, Laramie, Wyoming

Representing Appellee: Peter K. Michael, Interim Wyoming Attorney General; Robin Sessions Cooley, Deputy Attorney General; Jill E. Kucera, Senior Assistant Attorney General; Shawnna M. Herron, Assistant Attorney General. Argument by Ms. Herron.

Guardian ad Litem: Dan S. Wilde, Deputy Public Defender and Program Administrator; Aaron S. Hockman, Guardian ad Litem and Permanency Attorney, Wyoming Guardians ad Litem Program. Argument by Mr. Hockman.

Date of Decision: December 24, 2013

Facts: The Department of Family Services sought to terminate V.L.K.’s parental rights to her son, E.R.C.K., after its efforts to reunify the family in neglect proceedings were unsuccessful. V.L.K. failed to answer the Department’s petition, and default was entered. She was subsequently appointed counsel. The district court declined to set aside the default when asked to do so. During the course of the default termination hearing, V.L.K. decided to relinquish her parental rights and consent to adoption of E.R.C.K. The district court recessed the hearing, and V.L.K. provided a signed and acknowledged relinquishment and consent. The district court entered an order accepting the relinquishment and consent, and there were no further termination proceedings.

V.L.K. claims that the district court erred in not setting aside the default and in accepting the relinquishment and consent. We find her decision to provide the relinquishment and consent rendered any claimed error in declining to lift the default moot, and that the order accepting the relinquishment and consent is not appealable. Accordingly, we dismiss the appeal, but remand with instructions for the district court to vacate the portion of the order accepting the relinquishment and consent purporting to divest V.L.K. of her parental rights because this portion of the order is a nullity.

Issues: 1) Did V.L.K.’s provision of an admittedly voluntary relinquishment and consent to adoption render any error in not lifting an entry of default moot? 2) Is the order accepting the relinquishment and consent appealable under Wyoming Rule of Appellate Procedure 1.05?

Holdings/Conclusion: We find V.L.K.’s challenge to the entry of default moot in light of her decision to sign a relinquishment and consent to adoption. We also find the district court’s order not to be appealable. Accordingly, we dismiss the appeal and remand to the district court with instructions to vacate the portion of the order accepting the relinquishment and consent purporting to divest VLK of her parental rights.

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

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note, when you look at the opinion, that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quotation, the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance.]

Summary 2013 WY 113

Summary of Decision September 27, 2013

Justice Hill delivered the opinion for the Court. Affirmed.

Case Name: IN THE MATTER OF THE ATTORNEY'S FEES AND COSTS IN THE TERMINATION OF PARENTAL RIGHTS TO: KMO, DMO, CMO, AKO, DKO, MTO, ABO, EEO, and JBO, Minor Children, DONALD LEE TOLIN, Attorney for HJO, Natural Mother v. STATE OF WYOMING, DEPARTMENT OF FAMILY SERVICES

Docket Number: S-13-0054

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

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

Representing Appellant: Donald Lee Tolin, Law Offices of Donald Tolin, Casper, WY.

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

Date of Decision: September 27, 2013

Facts: Attorney Donald Tolin challenges an order awarding him a substantially reduced fee in a termination of parental rights case.

Issues: Tolin states his single issue as follows: Whether or not the district court’s order cutting attorney’s fees for indigent mother’s attorney from $121,530.00 to $25,000.00 was an abuse of discretion, arbitrary, and capricious.

Holdings: Beyond Mr. Tolin’s general assertions, he makes no cogent argument regarding exactly how the district court abused its discretion. Though he cites to the multitudinous pleadings he filed below, he fails to connect any of those pleadings to how the decision of the district court was an abuse of its discretion. He provides no evidence demonstrating that the fee reduction was unreasonable. Finding no abuse of discretion, we affirm the district court’s fee reduction in this case.

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

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]

Summary 2012 WY 165

Summary of Decision December 21, 2012

Justice Burke delivered the opinion for the Court. Affirmed.

Case Name: IN THE MATTER OF THE TERMINATION OF THE PARENTAL RIGHTS TO: SMH, KDH, MJH, and APH, MINOR CHILDREN. HMH, a/k/a HM and HB v. STATE OF WYOMING, DEPARTMENT OF FAMILY SERVICES.

Docket Numbers: S-12-0094

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

Appeal from the District Court of Johnson County, Honorable John G. Fenn, Judge.

Representing Appellant: John C. Abraham, Liberty Law Offices, P.C., Gillette, Wyoming.

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

Guardian Ad Litem: Stacey L. Obrecht and Dan S. Wilde, Wyoming Guardian Ad Litem Program, Cheyenne, Wyoming. Argument by Mr. Wilde.

Date of Decision: December 21, 2012

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

Issues: Mother presents the following issue for our consideration:

Was the district court’s finding that parental rights to the minor children should be terminated established by clear and convincing evidence?

The Department of Family Services (DFS) and the children’s guardian ad litem state the issue in a substantially similar manner.

Holdings: Examining the evidence in the light most favorable to DFS, the Court found clear and convincing evidence to establish that Mother is unfit to care for her children. The evidence showed that Mother could not possibly meet the mental and emotional needs of her children while refusing to acknowledge that they were afraid of EW and that they did not want to live with him. While the Court noted that Mother’s minimization of the children’s fears was harmful to the children regardless of whether their allegations of abuse were true, they found that the evidence strongly suggested that the children were, in fact, abused by EW, and that he therefore posed a direct threat to the safety and well-being of Mother’s children. Again, however, notwithstanding the veracity of the children’s allegations, Mother’s refusal to address her children’s concerns and her failure to recognize the damage caused by her continued association with EW shows that she is not fit to care for her children. Further, the evidence clearly indicated that Mother has not been able to maintain sobriety, despite multiple attempts by DFS to help her obtain treatment. Mother’s continued drug and alcohol abuse further demonstrated that she is not fit to care for her children. In light of this evidence, the Court found that termination of parental rights is justified under Wyo. Stat. Ann. § 14-2-309(a)(v). As a result, the Court did not consider whether termination was also warranted under Wyo. Stat. Ann. § 14-2-309(a)(iii). Affirmed.

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

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]

Summary 2012 WY 150

Summary of Decision November 28, 2012

Justice Voigt delivered the opinion for the Court. Affirmed.

Case Names: IN THE MATTER OF THE TERMINATION OF PARENTAL RIGHTS TO: KAT, SAT, and JGS, Minor Children, NLT v. THE STATE OF WYOMING, DEPARTMENT OF FAMILY SERVICES

IN THE MATTER OF THE TERMINATION OF PARENTAL RIGHTS TO: JGS, Minor Child, MDS v. THE STATE OF WYOMING, DEPARTMENT OF FAMILY SERVICES
Docket Numbers: S-12-0068 and S-12-0069

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

Appeals from the District Court of Hot Springs County, Honorable Robert E. Skar, Judge

Case No. S-12-0068:

Representing Appellant: Mary L. Scheible of Scheible Law Office, Thermopolis, Wyoming.
Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; Robin Sessions Cooley, Deputy Attorney General; Jill E. Kucera, Senior Assistant Attorney General. Argument by Ms. Kucera.

Guardian Ad Litem: Bobbi D. Overfield of Messenger & Overfield, P.C., Thermopolis, Wyoming.

Case No. S-12-0069:
Representing Appellant: Christopher J. King of Worrall & Greear, P.C., Worland, Wyoming.

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

Guardian Ad Litem: Bobbi D. Overfield of Messenger & Overfield, P.C., Thermopolis, Wyoming.

Date of Decision: November 28, 2012

Facts: This opinion encompasses two separate cases that have been consolidated for the purpose of decision. NLT, who is one of the appellants in this matter, is the mother of KAT, SAT, and JGS. The other appellant, MDS, is the father of JGS. Following a five-day bench trial, the district court terminated NLT’s and MDS’s parental rights to the minor children. Both parents appealed, claiming that the Department of Family Services (DFS) failed to provide clear and convincing evidence that their parental rights should be terminated. We affirm the district court’s decision.

Issues: Did DFS present clear and convincing evidence to support the district court’s decision to terminate NLT’s parental rights to KAT, SAT, and JGS? Did DFS present clear and convincing evidence to support the district court’s decision to terminate MDS’s parental rights to JGS?

Holdings: DFS presented clear and convincing evidence at trial to support the district court’s decision to terminate NLT’s parental rights to KAT, SAT, and JGS, pursuant to Wyo. Stat. Ann. § 14-2-309(a)(v). The evidence demonstrated that all of the children had been in foster care for 15 of the most recent 22 months, and that NLT continuously put her children in dangerous situations, placed the wants and desires of her ex-husband and boyfriends ahead of the welfare of her children, and cannot meet the basic financial and parental needs of the children. The evidence also showed that NLT would never be able to provide adequate care for her children absent extraordinary help from service providers. DFS also presented clear and convincing evidence to support the district court’s decision to terminate MDS’s parental rights to JGS, pursuant to Wyo. Stat. Ann. § 14-2-309(a)(iv). MDS is currently serving two consecutive sentences of not less than 20 years nor more than 35 years in prison for sexually abusing KAT. MDS cannot appropriately care for JGS’s ongoing physical, mental or emotional needs while he is in prison and will not be eligible for parole until JGS is in his adulthood. Further, the evidence demonstrates that MDS is a sexual offender who suffers from such moral delinquency that he cannot be considered a fit parent. We affirm both of the district court orders terminating NLT’s and MDS’s rights to KAT, SAT, and JGS.

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

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]

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

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]

Summary 2012 WY 99

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, AKO, DKO, MTO, ABO, EEO, and JBO, Minor Children HJO, aka HJK, v. THE STATE OF WYOMING, DEPARTMENT OF FAMILY SERVICES

Docket Number: S-11-0224

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

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

Representing Appellant: Donald Lee Tolin of Law Offices of Donald Tolin, Casper, WY

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; Robin Sessions Cooley, Deputy Attorney General; and Jill E. Kucera, Senior Assistant Attorney General. Argument by Ms. Kucera

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

Date of Decision: July 23, 2012

Facts: HJO (Mother), the biologic mother of nine minor children, appealed the district court’s order following a jury verdict terminating her parental rights. Mother contested the sufficiency of the evidence presented by the State of Wyoming, Department of Family Services (DFS) to terminate her parental rights, the appropriateness of the special verdict form submitted to the jury, the constitutionality of the termination statute which sets out the burden of proof, and alleged cumulative errors.

Issues: Mother presented four issues for the Court’s consideration:

I. Whether the trial court record contains sufficient clear and convincing evidence for the jury to find that the statutory requirements were satisfied for termination of parental rights of Mother as to present unfitness of Mother at the time of trial pursuant to Wyo. Stat. Ann. § 14-2-309(a)(v).

II. Whether the trial court committed reversible error by not requiring the jury to make a finding on the verdict form as to all of the required statutory elements for termination of parental rights under Claim II pursuant to Wyo. Stat. Ann. § 14-2-309(a)(v) as to each child and each parent separately.

III. Whether Mother’s due process and equal protection rights under the Wyoming Constitution and the United States Constitution were violated because of the use of the lower burden of proof standard of “clear and convincing evidence” for termination of parental rights instead of the higher burden of proof standard of “beyond a reasonable doubt.”

IV. Whether there was reversible error because of cumulative errors made throughout the termination of parental rights proceedings, thereby violating Mother’s procedural and substantive due process.

Holdings: The Court applied their strict scrutiny standard of review to this termination proceeding and found no reversible error. The district court’s order terminating Mother’s parental rights to her nine children pursuant to § 14-2-309(a)(v) was supported by clear and convincing evidence. The special verdict form given to the jury was appropriate, and the district court did not abuse its discretion in refusing Mother’s special verdict form. The district court’s use of the “clear and convincing” standard of proof comported with constitutional law principles and did not violate Mother’s due process or equal protection rights. Finally, finding no errors by the district court, the Court did not reach the question of cumulative error. Affirmed.

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

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]

Summary 2012 WY 68

Summary of Decision May 16, 2012


[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]

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

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.