Wyoming · 14 · statute
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Unless reliable and sufficient identifying information relating to the newborn child has been provided, the department of family services shall work with law enforcement agencies in an effort to ensure that the newborn child has not been identified as a missing child.
Propose a change(a) The department of family services shall immediately place or contract for placement of the newborn child in a potential adoptive home. (b) If neither parent of the newborn child affirmatively seeks the return of the child within three (3) months after the date of delivery to a safe haven provider, the department of family services shall file a petition for the termination of the parent-child legal relationship in accordance with W.S. 14-2-308 through 14-2-319. (c) Prior to filing a petition for termination, the department of family services shall conduct a search of the putative father registry for unmarried biological fathers and if the putative father is identified, the petition shall be served pursuant to W.S. 14-2-313. (d) If the child is an Indian child as defined by W.S. 14-6-702(a)(iv), the court and all parties shall comply with the Wyoming Indian Child Welfare Act and the department shall serve the petition as required by W.S. 14-6-704.
Propose a changeIf the person relinquishing a newborn child is the child's parent or the parent's designee, relinquishment of a newborn child in substantial compliance with the provisions of this act is an affirmative defense to any potential criminal liability for abandonment or neglect relating to that relinquishment.
Propose a changeThe department of family services may promulgate rules and regulations necessary for the effective implementation of this act. The rules and regulations shall specify conditions and qualifications for safe haven providers in rural areas of the state that do not have a safe haven provider as defined in W.S. 14-11-102(a)(vii)(A), (B) or (C).
Propose a changeAny person, official, institution or agency participating in good faith in any act required or permitted by this act is immune from any civil or criminal liability that might otherwise result by reason of the action. For the purpose of any civil or criminal proceeding, the good faith of any person, official, institution or agency participating in any act permitted or required by W.S. 14-11-101 through 14-11-109 shall be presumed.
Propose a changeEach local child protective agency shall maintain and update on a monthly basis a report of the number of newborn children who have been relinquished pursuant to this act and shall submit the information to the department of family services.
Propose a change(a) The office of guardian ad litem shall administer a guardian ad litem program. The office shall employ or contract with, supervise and manage attorneys providing legal representation as guardians ad litem in the following cases and actions: (i) Child protection cases under W.S. 14-3-101 through 14-3-440; (ii) Children in need of supervision cases under W.S. 14-6-401 through 14-6-440, to the extent an attorney has been appointed to serve only as a guardian ad litem; (iii) Delinquency cases under W.S. 14-6-201 through 14-6-252, to the extent an attorney has been appointed to serve only as a guardian ad litem; (iv) Termination of parental rights actions under W.S. 14-2-308 through 14-2-319, brought as a result of a child protection, child in need of supervision or delinquency action; (v) Interstate Compact on Juveniles proceedings under W.S. 14-6-102, when requested by the juvenile or the court; (vi) Appeals to the Wyoming supreme court in the cases or actions specified in this subsection. (b) Repealed by Laws 2020, ch. 122, § 3. (c) The office shall adopt policies and rules and regulations governing standards for the legal representation by attorneys acting as guardians ad litem in cases under the program and for the training of those attorneys. Any attorney providing services to the program as a guardian ad litem shall meet the standards established by the office for the program. (d) The office shall include within its biennial budget request submitted under W.S. 9-2-1013 a report of the reimbursement for legal representation of children by attorneys as guardians ad litem in child protection or children in need of supervision cases. The report shall include the number of cases and the amount of funds expended for reimbursements and the amounts of matching monies from participating counties under W.S. 14-12-103 for each of the two (2) immediately preceding fiscal years. The county attorney in any county not participating in the program shall submit a report containing the same information for the county to the joint appropriations interim committee by December 1 of each odd numbered year.
Propose a change(a) In cases specified in W.S. 14-12-101(a), if the county in which the court is located participates in the program administered by the office: (i) The court shall appoint the office to provide services when appointing a guardian ad litem. For purposes of this article, references to the program include the office; (ii) The administrator or designee shall assign an attorney to act as guardian ad litem in accordance with the court's order. (b) The office shall cooperate with juvenile courts in developing a case appointment system in each participating county for all applicable cases requiring the appointment of a guardian ad litem. (c) An attorney accepting a guardian ad litem assignment shall be employed by or contract with the office to provide services in accordance with requirements established by the office. The contract shall specify the fees to be paid for the assignment, which may be a defined hourly or per case rate or a defined sum. Fees paid by the office may vary based upon the type and difficulty of the case, location, work required and experience.
Propose a change(a) The office of guardian ad litem shall enter into agreements with each county participating in the program. Agreements shall require counties to comply with all rules and policies established by the office. The agreement shall establish the compensation rate within the county for attorneys providing legal representation as guardians ad litem in program cases and the reimbursement requirements. A county may agree with an attorney providing services to the office to pay a rate in excess of the rate set for payment by the office. If a county agrees to do so, it shall enter into a separate contract with the attorney providing services and shall be responsible and obligated to reimburse the program for one hundred percent (100%) of the excess amount. The county shall enter into a separate agreement with the office setting out the agreement, the excess rate and the responsibilities and obligations of all parties. (b) The office shall pay from the guardian ad litem account one hundred percent (100%) of the fees for the legal representation of children by attorneys as guardians ad litem in program cases. Participating counties shall reimburse the office an amount equal to not less than twenty-five percent (25%) of the agreed program fees, not less than twenty-five percent (25%) of the office's administrative cost prorated by program funds expended in each county and one hundred percent (100%) of excess rate fees. The office shall invoice the county for its proportionate share. In the event a county does not make payments within ninety (90) days, the state treasurer may deduct the amount from sales tax revenues due to the county from the state and shall credit the amount to the account created in subsection (c) of this section. (c) There is created a guardian ad litem account. All reimbursements received by the office under this article shall be deposited to the account. Funds within the account are continuously appropriated to the office of guardian ad litem for expenditure for the sole purpose of the guardian ad litem program. (d) Agreements entered into under this section shall include provision for each county, in which guardians ad litem employed by or under contract with the office are located, to provide adequate space and utility services, other than telephone service, for the use of the program's guardians ad litem. If suitable office space for all guardians ad litem cannot be provided, the county shall provide, based upon a proportional share, a monthly stipend to all program guardians ad litem housed in private facilities. The proportional share shall be determined by the office, based upon the counties served by each guardian ad litem not provided suitable office space. The stipend shall be paid directly by the county to the program guardian ad litem. (e) A county which does not participate in the program, shall be responsible for the full cost of guardians ad litem legal fees as provided by W.S. 14-2-318(b)(i), 14-3-434(b)(vi), 14-6-235(b)(vi) and 14-6-434(b)(vi). (f) The office shall enter into a memorandum of understanding with the department of family services under which a guardian ad litem will be provided for cases in which the department is required by law or court order to provide guardian ad litem services in any of the cases or actions specified in W.S. 14-12-101(a). The department shall reimburse the office an amount equal to not less than twenty-five percent (25%) of the agreed fees paid to guardians ad litem in actions under this subsection.
Propose a changeNotwithstanding any other provision of law to the contrary, any attorney providing services for the office pursuant to the guardian ad litem program shall, for matters arising out of such services, be considered a state employee for purposes of coverage and representation under the Wyoming Governmental Claims Act and the state self-insurance program, W.S. 1-41-101 through 1-41-111.
Propose a change(a) As used in this chapter: (i) "Age appropriate or developmentally appropriate activities and experiences" means activities and experiences that are: (A) Generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child based on the development of cognitive, emotional, physical and behavioral capacities that are typical for an age or age group; or (B) In the case of a specific child, suitable for that child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical and behavioral capacities of the child. (ii) "Caregiver" means a foster parent, a designated official for a child caring facility certified pursuant to W.S. 14-4-101 through 14-4-117 or any other person with whom the child is placed by court order in an out-of-home placement or any other placement pursuant to chapter 3, article 4 of this title and chapter 6, articles 2 and 4 of this title; (iii) "Department" means the Wyoming department of family services; (iv) "Foster care" means twenty-four (24) hour substitute care for children placed away from their parents or guardians and for whom the department has placement and care responsibilities, including but not limited to placements in: (A) Foster family homes; (B) Foster homes of relatives; (C) Group homes; (D) Emergency shelters; (E) Residential facilities; (F) Pre-adoptive homes; (G) Child care institutions. (v) "Out-of-home placement" means a placement of a child physically out of his home pursuant to W.S. 14-3-201 through 14-3-216, the Child Protection Act, W.S. 14-3-401 through 14-3-441, 14-6-102, the Juvenile Justice Act, W.S. 14-6-201 through 14-6-252, or the Children in Need of Supervision Act, W.S. 14-6-401 through 14-6-440; (vi) "Reasonable and prudent parent standard" means careful and sensible parental decisions that maintain the health, safety, well-being and best interests of a child while encouraging the emotional and developmental growth of the child; (vii) "Residual parental rights and duties" means those rights and duties remaining with the parents after legal custody, guardianship of the person or both have been vested in another person, agency or institution. Residual parental rights and duties include but are not limited to: (A) The duty to support and provide necessities of life; (B) The right to consent to adoption; (C) The right to reasonable visitation unless restricted or prohibited by court order; (D) The right to determine the minor's religious affiliation; and (E) The right to petition on behalf of the minor.
Propose a change(a) Subject to subsections (b) and (d) of this section, a child in an out-of-home placement is entitled to engage in, to the greatest extent possible, age appropriate or developmentally appropriate activities and experiences as he would otherwise be able to experience in his own home. A child with a disability or special needs in an out-of-home placement shall have the same access to age appropriate or developmentally appropriate activities and experiences as the child’s nondisabled peers, even if reasonable accommodations are required. (b) Subject to subsection (d) of this section and if not in conflict with any residual parental rights and duties, applicable court order or department case plan, a caregiver shall use the reasonable and prudent parent standard when determining whether to allow a child in foster care under the responsibility of the department or in an out-of-home placement to participate in extracurricular, enrichment, cultural or social activities. (c) Under the reasonable and prudent parent standard, a caregiver shall give consideration to the following when deciding whether to allow a child to participate in an activity or experience: (i) A parent or custodian’s wishes, when appropriate; (ii) The child’s age, maturity and development level to ensure the child's overall health and safety; (iii) The potential risk factors and appropriateness of the activity or experience; (iv) The best interest of the child based on information known by the caregiver; (v) The child’s wishes; (vi) The importance of encouraging the child’s emotional and developmental growth; (vii) The importance of supporting the child in developing skills to successfully transition to adulthood; (viii) The importance of providing the child with the most family like living experience possible; and (ix) Any special needs or accommodations that the child may need to safely participate in the activity or experience. (d) A caregiver may provide or withhold permission for children in his care to participate in and experience age appropriate or developmentally appropriate activities and experiences. A caregiver's ability to grant or withhold permission: (i) Shall not override or conflict with a parent’s residual parental rights and duties to make decisions regarding his child’s participation in activities and experiences or with rights as determined by court order; (ii) Shall be exercised using the reasonable prudent parent standard; (iii) Shall not conflict with any applicable court order or department case plan; (iv) May be exercised without the prior approval of the department if exercising caregiver authority is consistent with the department case plan.
Propose a change(a) A caregiver shall not be liable for harm caused to a child as the result of his participation in an activity or experience approved by the caregiver if the caregiver complies with the requirements of W.S. 14-13-102(d). (b) In addition to the liability protection provided under subsection (a) of this section, this section shall not remove or limit any other applicable liability protection conferred upon caregivers by any other law.
Propose a change(a) As a condition of certification for foster care, the department shall require the implementation of standards and training meant to assure compliance with the reasonable and prudent parent standard. To meet this requirement, the department shall provide information and education concerning: (i) The developmental stages of the child's cognitive, emotional, physical and behavioral capacities; (ii) Whether to allow a child to engage in extracurricular, enrichment, cultural or social activities including sports, field trips and overnight activities lasting one (1) day or longer; and (iii) The signing of permission slips and arranging transportation for the child to and from extracurricular, enrichment, cultural and social activities. (b) At certification and recertification reviews, the department shall verify that caregivers providing out-of-home placement promote and protect the ability of a child to participate in age appropriate or developmentally appropriate activities and experiences. (c) The department shall develop standards and a process by which individuals employed by facilities providing out-of-home placements are designated to make decisions for children under the reasonable and prudent parent standard.
Propose a change