14-1-101. Age of majority; rights on emancipation.
(a) Upon becoming eighteen (18) years of age, an individual reaches the age of majority and as an adult acquires all rights and responsibilities granted or imposed by statute or common law, except as otherwise provided by law.
(b) A minor may consent to health care treatment to the same extent as if he were an adult when any one (1) or more of the following circumstances apply:
(i) The minor is or was legally married;
(ii) The minor is in the active military service of the United States;
(iii) The parents or guardian of the minor cannot with reasonable diligence be located and the minor's need for health care treatment is sufficiently urgent to require immediate attention;
(iv) The minor is living apart from his parents or guardian and is managing his own affairs regardless of his source of income;
(v) The minor is emancipated under W.S. 14-1-201 through 14-1-206;
(vi) The minor is twelve (12) years of age or older, is a smoker or user of tobacco products and the health care to which the minor consents is a tobacco cessation program approved by the department of health pursuant to W.S. 9-4-1204.
(c) The consent given pursuant to subsection (b) of this section is not subject to disaffirmance because of minority.
(d) Any competent adult may enter into a binding contract and shall be legally responsible therefor.
(e) A person who is at least eighteen (18) years of age may consent to donate and may donate blood.
(a) An unemancipated minor may obtain a birth certificate from the department of health and may enter into a legally binding contract for housing, employment, purchase of a motor vehicle, receipt of a student loan, admission to postsecondary school, establishing a bank account, admission to a domestic violence or homeless shelter and receipt of services as a homeless youth or victim of domestic violence or sexual abuse, provided that the minor:
(i) Meets all of the following:
(A) At least sixteen (16) years of age;
(B) Willingly living separate and apart from his parents who consent to or acquiesce in the separate living arrangement;
(C) Homeless;
(D) Managing his own financial affairs.
(ii) Submits a notarized affidavit in accordance with subsection (b) of this section.
(b) A notarized affidavit required under this section shall be:
(i) Signed and sworn to by the minor which includes all of the following:
(A) The minor's full name;
(B) The minor's birth date;
(C) A statement by the minor verifying the conditions listed in paragraph (a)(i) of this section;
(D) A statement by the minor declaring that the information provided is true and correct under penalty of perjury.
(ii) Witnessed by two (2) or more adults. The acknowledgment by each adult witnessing the affidavit shall include a declaration that he is an attorney, health care provider, rabbi, priest, minister, clergy or other religious counselor or a college or school administrator or counselor and that to the best of his knowledge the minor signed the affidavit willingly and understands the nature and legal implications of the contract, if applicable. The affidavit shall require a rabbi, priest, minister, clergy or other religious counselor who witnesses an affidavit to verify under penalty of false swearing under W.S. 6-5-303 that the witness has not been convicted of a felony in this state or another jurisdiction. An adult witnessing an affidavit pursuant to this paragraph shall not assume any legal responsibility or liability under a contract entered into pursuant to this section.
(c) A person that in good faith accepts an affidavit purportedly signed and sworn to in accordance with this section and who is without actual knowledge that the affidavit is fraudulent or otherwise invalid may rely upon the affidavit as if it were genuine and may enter into a contract that is legally binding upon the minor as provided under subsection (a) of this section.
(d) For purposes of this section, "homeless" means as that term is defined in 42 U.S.C. section 11434a(2).
(a) As used in this article:
(i) "Emancipation" means conferral of certain rights of majority upon a minor as provided under this article and includes a minor who:
(A) Is or was married;
(B) Is in the military service of the United States; or
(C) Has received a declaration of emancipation pursuant to W.S. 14-1-203.
(ii) "Minor" means an individual under the age of majority defined by W.S. 14-1-101(a);
(iii) "Parent" means the legal guardian or custodian of the minor, his natural parent or if the minor has been legally adopted, the adoptive parent;
(iv) "This act" means W.S. 14-1-201 through 14-1-206.
14-1-202. Application for emancipation decree; effect of decree.
(a) Upon written application of a minor under jurisdiction of the court and notwithstanding any other provision of law, a district court may enter a decree of emancipation in accordance with this act. In addition to W.S. 14-1-101(b), the decree shall only:
(i) Recognize the minor as an adult for purposes of:
(A) Entering into a binding contract;
(B) Suing and being sued;
(C) Buying or selling real property;
(D) Establishing a residence;
(E) The criminal laws of this state.
(ii) Terminate parental support and control of the child and their rights to his income;
(iii) Terminate parental tort liability for the minor.
14-1-203. Application for emancipation decree; hearing;
notice; rights and liabilities of emancipated minor; conditions for issuance of decree; filing of decree; copy to applicant.
(a) Upon written application of a minor subject to personal jurisdiction of the court, a district court may enter a decree of emancipation in accordance with this act. The application shall be verified and shall set forth with specificity all of the following facts:
(i) That he is at least seventeen (17) years of age;
(ii) That he willingly lives separate and apart from his parents;
(iii) That his parents consent to or acquiesce in the separate living arrangement;
(iv) That he is managing his own financial affairs; and
(v) That the source of his income is not derived from means declared unlawful under state or federal law or from assistance received under W.S. 42-2-104.
(b) The district court shall conduct a hearing on the minor's application for emancipation within sixty (60) days after the date of filing. Notice of the hearing shall be given to the minor and his parents by certified mail at least ten (10) days before the date set for hearing.
(c) At the hearing, the court shall advise the minor of the effect of emancipation pursuant to W.S. 14-1-202. These rights and liabilities shall be stated in the emancipation decree.
(d) The court may enter a decree of emancipation if the minor is at least seventeen (17) years of age and the court finds emancipation is in the best interests of the minor. In making a determination, the court shall consider if the:
(i) Minor's parents consent to the proposed emancipation;
(ii) Minor is living or is willing to live apart from his parents and is substantially able to provide self-maintenance and support without parental guidance and supervision;
(iii) Minor demonstrates he is sufficiently mature and knowledgeable to manage his personal affairs without parental assistance; and
(iv) Source of the minor's income is not derived from means declared unlawful under state or federal law.
(e) Upon entry of a decree of emancipation, the court shall file the decree with the county clerk of the county in which the child resides. A copy of the decree shall be issued to the minor.
(f) A declaration of emancipation shall be conclusive evidence that the minor is emancipated, but emancipation may also be proved by other evidence like any other fact.
(a) Any interested third party having dealings with an apparently emancipated minor may apply to the district court where that minor is domiciled or may be found for a declaration of emancipation.
(b) The application under this section shall be made in conformity with W.S. 14-1-203(a).
(c) Proceedings under this section shall be conducted in conformity with the requirements of W.S. 14-1-203.
14-1-205. Application to department of transportation for emancipated status on driver's license; fee.
(a) Upon application of an emancipated minor, the department of transportation shall indicate the minor's emancipated status on his Wyoming driver's license or if without a driver's license, on the minor's Wyoming identification card issued under W.S. 31-8-101.
(b) An applicant under this section shall pay two dollars ($2.00) to the division. The department of transportation shall deposit the fees in the manner prescribed by law for driver's license and identification card fees and submit receipt and acknowledgement to the state treasurer.
14-2-201. Maintenance and education of minor out of income from own property.
Any minor having a living parent and owning property with income sufficient for his maintenance and education in a manner more expensive than his parent can reasonably afford, regard given to the situation of the parent's family and to all circumstances of the case, the expenses of the minor's education and maintenance may be defrayed out of the income of the minor's own property in whole or in part, as judged reasonable and as directed by the court. The charges for maintenance and education may be allowed accordingly in the settlements of the accounts of the minor's guardian.
14-2-202. Payment or delivery to parent of minor's estate
not exceeding $25,000; duty of parent; settlement agreements on behalf of minors.
(a) Money or other property not exceeding twenty-five thousand dollars ($25,000.00) in value belonging to a minor having no guardian of his estate may be paid or delivered to a parent entitled to the custody of the minor to hold for the minor, upon written assurance verified by the oath of the parent that the total estate of the minor does not exceed twenty-five thousand dollars ($25,000.00) in value. The written receipt of the parent shall be an acquittance of the person making the payment or delivery of money or other property.
(b) It is the duty of the parent to apply the funds received under subsection (a) of this section to the use and benefit of the minor.
(c) A parent, guardian or conservator of a minor may enter into a settlement or compromise on behalf of the minor with a person against whom the minor has a claim without first seeking court approval and without first establishing a guardianship or conservatorship for the minor if:
(i) A guardian or conservator has not been previously appointed for the minor to represent the minor;
(ii) The minor is not emancipated under W.S. 14-1-201 through 14-1-206;
(iii) The total amount of the settlement or compromise to be paid to the minor is not greater than twenty-five thousand dollars ($25,000.00);
(iv) The moneys paid under the settlement agreement or compromise are paid:
(A) To the parent, guardian or conservator of the minor; or
(B) Into a trust or other account held for the benefit of the minor.
(v) The parent, guardian or conservator of the minor attests in an affidavit that the person has made a reasonable inquiry into the minor's claim and that:
(A) The total amount of the minor's claim is not greater than twenty-five thousand dollars ($25,000.00), excluding fees, costs and all other expenses incident to the claim; and
(B) To the best of the parent's, guardian's or conservator's knowledge:
(I) The minor will be fully compensated by the settlement or compromise; or
(II) It is unlikely that the minor will be able to obtain additional amounts from the party entering into the settlement agreement or compromise with the minor.
(vi) The parent, guardian or conservator of the minor will apply the funds received to the use and benefit of the minor.
(d) A settlement or compromise entered into in compliance with subsection (c) of this section shall, upon signature of the parent, guardian or conservator entering into the agreement on the minor's behalf, be binding on the minor without the need for further court approval or review and shall have the same force and effect as if the minor were a competent adult entering into the settlement or compromise.
(e) A minor shall have a cause of action against a parent, guardian or conservator who fails to manage or apply all funds received for the sole benefit of the minor, who fails to make a reasonable inquiry into the minor's claim, who falsely states that the minor's claim is not greater than twenty-five thousand dollars ($25,000.00) to settle the claim under this section or who otherwise fails to comply with the requirements of this section in settling a claim on behalf of the minor.
14-2-203. Parental tort liability for property damage of certain minors; exception; action cumulative.
(a) Any property owner is entitled to recover damages from the parents of any minor under the age of seventeen (17) years and over the age of ten (10) years who maliciously and willfully damages or destroys his property. The recovery is limited to the actual damages in an amount not to exceed two thousand dollars ($2,000.00) in addition to taxable court costs. This section does not apply to parents whose parental custody and control of the child had been terminated by court order prior to the destructive act.
(b) The action authorized in subsection (a) of this section is in addition to all other actions which the owner is entitled to maintain and nothing in this section precludes recovery in a greater amount from the minor, parents or any person for damages for which the minor or other person would otherwise be liable. The purpose of this section is to authorize recovery from parents in situations where they would not otherwise be liable.
14-2-204. Liability for support; right of action; venue;
service; measure of recovery; remedies cumulative; execution; continuing jurisdiction; notice.
(a) Any person legally responsible for the support of a child who abandons, deserts, neglects or unjustifiably fails to support the child is liable for support of the child. It is no defense that the child was not or is not in destitute circumstances. For purposes of this section, a parent's legal obligation for the support of his or her children, whether natural or adopted, continues past the age of majority in cases where the children are:
(i) Mentally or physically disabled and thereby incapable of self support; or
(ii) Repealed By Laws 2000, Ch. 1, § 2.
(iii) Between the age of majority and twenty (20) years and attending high school or an equivalent program as full-time participants.
(b) Either of the parents of the child, the department of family services or any other person, agency or institution furnishing the physical care or support of the child may commence civil action for past and future child and medical support.
(c) The petition or complaint shall be filed in the district court of the county where the defendant resides, is found or has assets subject to attachment or execution. Service of process shall be as provided by the Wyoming Rules of Civil Procedure.
(d) The measure of recovery from the defendant is the reasonable value of the care or support, including medical support furnished to the child by the petitioner and the child support ordered pursuant to W.S. 20-2-303, 20-2-304, 20-2-307 and 20-2-311. In addition, the court may make other suitable order for future care or support of the child. These remedies are cumulative and in addition to other remedies provided by law. Payments of future support shall be paid to the clerk of the district court.
(e) Repealed By Laws 2000, Ch. 1, § 2.
(f) Repealed By Laws 2000, Ch. 1, § 2.
14-2-205. Presence of parent, custodian or guardian at hearings; failure to appear; issuance of bench warrant.
(a) It is the responsibility of one (1) or both parents, and the guardian or custodian of an unemancipated minor, if applicable, to appear with the minor before any court of this state in any proceeding in which the minor is required to appear and is alleged to have committed a criminal offense or to have violated a municipal ordinance. It shall be the responsibility of the court to afford any parent, guardian or custodian appearing with a minor pursuant to this subsection a reasonable opportunity to address the court.
(b) In any proceeding in juvenile court, attendance of one or both parents, and the guardian or custodian of the minor, if applicable, shall be compelled as provided by W.S. 14-6-215.
(c) In a proceeding in a court other than the juvenile court, the presiding judge may require the presence of one or both parents, and the guardian or custodian of the minor, if applicable, at any hearing by causing an order to appear to be served in the manner provided by W.S. 14-6-214.
(d) Any person served with an order to appear under subsection (c) of this section who without reasonable cause fails to appear, is liable for contempt of court and the court may issue a bench warrant to cause the person to be brought before the court.
14-2-206. Protection of parental rights; applicability.
(a) The liberty of a parent to the care, custody and control of their child is a fundamental right that resides first in the parent.
(b) The state, or any agency or political subdivision of the state, shall not infringe the parental right as provided under this section without demonstrating that the interest of the government as applied to the parent or child is a compelling state interest addressed by the least restrictive means.
(c) The parental right as provided under this section shall also apply to any state or local education agency, school district, board of trustees, commission or school under title 21 of the Wyoming statutes regarding communication or disclosure to a parent about that parent's unemancipated child.