14-6-606. Standardization of juvenile justice information.
(a) The department shall facilitate the standardization, identification, sharing and coordination of juvenile justice information collected and provided to the department and disseminated by the department as required by this act. The department shall work with all federal, state and local entities that provide information under this act.
(b) The department shall promulgate rules to adopt uniform information collection standards, methodologies and best practices for the collection and dissemination of juvenile justice information under this act. Any state agency or local governmental entity required to submit information under this act shall comply with the rules promulgated under this subsection.
(c) The department shall be responsible for assuring the consistency of participation by any state agency or local governmental entity required to provide juvenile justice information under this act or that seeks to access juvenile justice information under this act.
(a) This act shall be known and may be cited as the "Wyoming Indian Child Welfare Act."
(b) The purpose of this act is to codify the federal Indian Child Welfare Act of 1978 into state law.
(a) As used in this act:
(i) "Child custody proceeding" means any action concerning the custody or care of an Indian child, including a shelter care placement, the termination of parental rights, preadoptive placement or adoptive placement. "Child custody proceeding" shall not include a placement based upon an act that, if committed by an adult, would be deemed a crime and shall not include an award of custody to a parent in a divorce proceeding;
(ii) "Extended family member" means as defined by the law or custom of the Indian child's tribe. In the absence of tribal law or custom, "extended family member" means a person who has reached age eighteen (18) and who is the Indian child's grandparent, aunt, uncle, brother, sister, brother-in-law, sister-in-law, niece, nephew, first cousin, second cousin or stepparent;
(iii) "Indian" means a person who is a member of an Indian tribe, or who is an Alaska native and a member of a regional corporation as defined in section 7 of the federal Alaska Native Claims Settlement Act;
(iv) "Indian child" means any unmarried person under age eighteen (18) and is either:
(A) A member of an Indian tribe; or
(B) Is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.
(v) "Indian child's tribe" means the Indian tribe in which an Indian child is a member or eligible for membership or, in the case of an Indian child who is a member of or eligible for membership in more than one (1) tribe, the Indian tribe with which the Indian child has the more significant contacts;
(vi) "Indian custodian" means any Indian person who has legal custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody and control has been transferred by the parent of an Indian child;
(vii) "Indian organization" means any group, association, partnership, corporation or other legal entity owned or controlled by Indians or a majority of whose members are Indians;
(viii) "Indian tribe" means any Indian tribe, band, nation or other organized group or community of Indians recognized as eligible for the services provided to Indians by the United States secretary of the interior because of their status as Indians, including any Alaska native village as defined in section 3(c) of the federal Alaska Native Claims Settlement Act;
(ix) "Parent" means a biological parent or the parents of an Indian child or any Indian person who has lawfully adopted an Indian child, including adoptions under tribal law or custom. "Parent" shall not include a father whose paternity has not been acknowledged or established under law;
(x) "Reservation" means Indian country as defined by 18 U.S.C. 1151 and any lands where title is held by the United States in trust for the benefit of any Indian tribe or person or held by any Indian tribe or person subject to a restriction by the United States against alienation;
(xi) "Shelter care" means as defined by W.S. 14-3-402(a)(xvii) and shall include foster care;
(xii) "Tribal court" means a court with jurisdiction over child custody proceedings and that is either a court of Indian offenses, a court established and operated under the code or custom of an Indian tribe or any other administrative body of a tribe that is vested with authority over child custody proceedings;
(xiii) "This act" means W.S. 14-6-701 through 14-6-715.
14-6-703. Indian tribe jurisdiction over Indian child custody proceedings.
(a) An Indian tribe shall have exclusive jurisdiction over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation of the tribe, except where jurisdiction is vested in the state under federal law. The Indian tribe shall retain exclusive jurisdiction if the Indian child is a ward of a tribal court, notwithstanding the residence or domicile of the child.
(b) In any state court proceeding for the shelter care placement of, or termination of parental rights to, an Indian child not domiciled or residing within the reservation of the Indian child's tribe, the state court, upon the petition of either parent, the Indian custodian or the Indian child's tribe and absent good cause to the contrary or an objection by either parent, shall transfer the proceeding to the jurisdiction of the appropriate tribe. Nothing in this subsection shall limit the tribal court's authority to decline a transfer to the tribal court under this subsection.
(c) The Indian custodian of an Indian child and the Indian child's tribe shall have the right to intervene in any state court proceeding for the shelter care placement of, or termination of parental rights to, an Indian child.
(d) The state of Wyoming shall give full faith and credit to the public acts, records and judicial proceedings of any Indian tribe applicable to Indian child custody proceedings to the same extent that the tribe gives full faith and credit to the public acts, records and judicial proceedings of the state of Wyoming.
(a) In any involuntary proceeding in a state court where the court knows or has reason to know that an Indian child is involved, the party seeking the shelter care placement of, or termination of parental rights to, an Indian child shall notify the parent or Indian custodian and the Indian child's tribe, by registered mail with return receipt requested, of the pending proceedings and of their right to intervention under this act. If the identity or location of the parent or Indian custodian and the tribe cannot be determined, notice shall be given to the United States secretary of the interior. No shelter care placement or termination of parental rights proceeding shall be held until at least ten (10) days after receipt of the notice by the parent or Indian custodian and the tribe or the secretary of the interior. A parent, Indian custodian or the tribe shall, upon request to the state court, be granted not more than twenty (20) additional days to prepare for a shelter care placement or parental rights termination proceeding.
(b) In any case in which a state court determines indigency, the parent or Indian custodian shall have the right to court-appointed counsel in any shelter care placement or termination proceeding. The court may, in its discretion, appoint counsel for the child upon a finding that the appointment is in the child's best interests.
(c) Each party to a shelter care placement or termination of parental rights proceeding under state law involving an Indian child shall have the right to examine all reports or other documents filed with the court upon which any decision with respect to the action may be based.
(d) Any party seeking to establish a shelter care placement of, or termination of parental rights to, an Indian child under state law shall establish to the court's satisfaction that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful.
(e) No shelter care placement of an Indian child shall be ordered in a proceeding unless the court determines by clear and convincing evidence that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.
(f) No termination of parental rights over an Indian child shall be ordered unless the court determines beyond a reasonable doubt that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.
(g) For purposes of subsections (e) and (f) of this section, the testimony of qualified expert witnesses may be used to meet the evidentiary burden specified in those subsections.
(a) Where any parent or Indian custodian voluntarily consents to a shelter care placement or the termination of parental rights involving an Indian child, the consent shall not be valid unless executed in writing and recorded before a court of competent jurisdiction and accompanied by the court's certification that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian. The court shall also certify that either the parent or Indian custodian fully understood the explanation in English or that it was interpreted into a language that the parent or Indian custodian understood. Any consent under this subsection given prior to or within ten (10) days after the birth of the Indian child shall not be valid.
(b) Any parent or Indian custodian may withdraw consent to a shelter care placement at any time. Upon withdrawal of consent under this subsection, the Indian child shall be returned to the parent or Indian custodian.
(c) In any voluntary proceeding for the relinquishment and consent to adoption of an Indian child, the consent of the parent may be withdrawn for any reason at any time before the entry of a final decree of termination or adoption and, upon the withdrawal of consent, the child shall be returned to the parent.
(d) After the entry of a final decree of adoption of an Indian child in any state court, the parent shall only withdraw consent upon the grounds that the consent was obtained through fraud or duress and may petition the court to vacate the adoption decree on those grounds. Upon finding that the consent was obtained through fraud or duress, the court shall vacate the adoption decree and return the child to the parent. No adoption that has been effective for at least two (2) years shall be invalidated under this subsection unless otherwise permitted by state law.
14-6-706. Petition to court of competent jurisdiction to invalidate actions upon certain violations.
Any Indian child who is the subject of any action for shelter care placement or termination of parental rights under state law, any parent or Indian custodian from whose custody the child was removed and the Indian child's tribe may petition a court of competent jurisdiction to invalidate the action upon a showing that the action violated any provision of W.S. 14-6-703 through 14-6-705.
(a) In any adoptive placement of an Indian child under state law, and absent good cause to the contrary, preference shall be given to a placement with, in the following order:
(i) A member of the Indian child's extended family;
(ii) Other members of the Indian child's tribe;
(iii) Other Indian families;
(iv) Any other placement.
(b) Any Indian child accepted for shelter care or preadoptive placement shall be placed in the least restrictive setting that most approximates a family and in which the child's special needs, if any, may be met. The child shall also be placed within reasonable proximity to the child's home, taking into account any special needs of the child. In any shelter care or preadoptive placement and in the absence of good cause to the contrary, preference shall be given to a placement with, in the following order:
(i) A member of the Indian child's extended family;
(ii) Other members of the Indian child's tribe;
(iii) Other Indian families;
(iv) An institution for children approved by an Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian child's needs;
(v) Any other placement.
(c) In the case of a placement under subsections (a) or
(b) of this section, if the Indian child's tribe establishes a different order of preference by tribal resolution, the agency or court making the placement shall follow the tribal resolution as long as the placement is the least restrictive setting appropriate to the particular needs of the child. For purposes of this section, the preference of the Indian child and parent shall be considered, provided that if a parent consenting to a placement under W.S. 14-6-705 requests anonymity, the court or agency shall consider the parent's request in applying the preferences.
(d) The standards to be applied in meeting the preference requirements of this section shall be the prevailing social and cultural standards of the Indian community in which the parent or extended family resides or with which the parent or extended family members maintain social and cultural ties.
(e) A record of each placement of an Indian child shall be maintained by the court or agency making the placement. The record shall show the efforts made to comply with the order of preference specified in this section. Records maintained under this subsection shall be made available at any time upon the request of the Indian child's tribe or the United States secretary of the interior.
(a) Notwithstanding any other provision of law, when a final decree of adoption of an Indian child has been vacated or set aside, or the adoptive parents voluntarily consent to the termination of their parental rights to the child, a biological parent or prior Indian custodian may petition for the return of the Indian child to the parent's or Indian custodian's custody. The court shall grant the petition unless there is a showing, subject to W.S. 14-6-704, that return of custody is not in the child's best interests.
(b) When an Indian child is removed from a shelter care placement or institution for the purpose of further shelter care, preadoptive placement or adoptive placement, the placement shall be in accordance with this act unless an Indian child is being returned to the parent or Indian custodian from whose custody the child was originally removed.
information of protection of rights from tribal relationships; application of subject of adoptive placement; disclosure by court. Upon application by an Indian person who has reached age eighteen (18) and who was the subject of an adoption, the court that entered the final decree shall inform the person of the tribal affiliation, if any, of the person's biological parents and provide any other information as may be necessary to protect any rights resulting from the person's tribal relationship.
14-6-710. Agreements between the state and Indian tribes.
(a) The state, through the governor and in consultation with the department of family services, is authorized to enter into agreements with Indian tribes concerning the care and custody of Indian children and jurisdiction over child custody proceedings, including agreements that may provide for the orderly transfer of jurisdiction on a case-by-case basis and agreements that provide for concurrent jurisdiction between the state and Indian tribes.
(b) Any agreement made under this section may be revoked by either party upon notice of not less than one hundred eighty (180) days to the other party. Any revocation of an agreement under this section shall not affect any action or proceeding over which a court has already assumed jurisdiction unless the agreement provides otherwise.
14-6-711. Improper removal of Indian child from custody; declination of jurisdiction; return of child; exception.
If any petitioner in an Indian child custody proceeding before a state court has improperly removed the child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over the petitioner's petition and shall forthwith return the child to his parent or Indian custodian unless the return would subject the child to a substantial and immediate danger or threat thereof.
In any case where federal law applicable to an Indian child custody proceeding provides a higher standard of protection to the rights of the parent or Indian custodian than state law provides, the court shall apply the higher standard of protection as provided by federal law.
14-6-713. Emergency removal or placement of child; termination; appropriate action.
Nothing in this act shall be construed to prevent the emergency removal of an Indian child who is a resident of or is domiciled on a reservation, but temporarily located off the reservation, from his parent or Indian custodian or the emergency placement of the child in temporary protective custody or shelter care under state law in order to prevent imminent physical damage or harm to the child. The applicable state agency involved shall ensure that the emergency removal or placement terminates immediately when the removal or placement is no longer necessary to prevent imminent physical damage or harm to the child and shall expeditiously initiate a child custody proceeding subject to this act, transfer the child to the jurisdiction of the appropriate Indian tribe or restore the child to the parent or Indian custodian, as may be appropriate.
14-6-714. Reporting requirements; information availability; disclosure.
(a) Any state court entering a final decree or order in any adoption proceeding concerning an Indian child shall provide the department of family services and the United States secretary of the interior a copy of the decree or order and all other information necessary to show:
(i) The name and tribal affiliation of the child;
(ii) The names and addresses of the child's biological parents;
(iii) The names and addresses of the adoptive parents;
(iv) The identity of any agency having files or information relating to the adoptive placement.
(b) If the court's records contain an affidavit of the biological parent stating or requesting that the parent's identity remain confidential, the court shall include the affidavit with the information required under subsection (a) of this section. The court and the department of family services shall ensure that the confidentiality of information is maintained. Records submitted under this section shall remain confidential and shall not be subject to disclosure or inspection under the Public Records Act, except as provided under subsection (c) of this section.
(c) Upon the request of the adopted Indian child who is age eighteen (18) or older, the adoptive or foster parents of an Indian child or an Indian tribe, the department of family services shall disclose any information that may be necessary for the enrollment of an Indian child in the tribe in which the child may be eligible for enrollment or for determining any rights or benefits associated with that membership. If the documents requested include an affidavit from a parent requesting anonymity, the department shall certify to the Indian child's tribe, if the information warrants, that the child's parentage and other circumstances of birth entitle the child to enrollment under criteria established by the tribe.
(a) The legislature hereby finds that child abuse and neglect are a threat to the family unit and impose major expenses on society. The legislature further finds that there is a need to assist private and public agencies in identifying and establishing programs for the prevention of child abuse and neglect.
(b) It is the purpose of this article to promote prevention and education programs that are designed to lessen the occurrence and reoccurrence of child abuse and neglect and to reduce the need for state intervention in child abuse and neglect prevention and education.
(a) As used in this article:
(i) "Board" means the Wyoming children's trust fund board created in W.S. 14-8-104;
(ii) "Child abuse" means any act which reasonably may be construed to fall under the definition of "abuse" or "neglect" under W.S. 14-3-202(a)(ii) or (vii);
(iii) "Prevention program" means a program of direct child abuse prevention services to a child, parent or guardian and includes research or education programs related to the prevention of child abuse. The prevention program may be classified as a primary prevention program when it is available to the community on a voluntary basis and as a secondary prevention program when it is directed toward groups of individuals who have been identified as high risk;
(iv) "Recipient" means and is limited to a nonprofit or public organization which receives a grant from the income account created in W.S. 14-8-106(b);
(v) "Trust fund" means the Wyoming children's trust fund created in W.S. 14-8-106(a);
(vi) "Income account" means the Wyoming children's income account created by W.S. 14-8-106(b).
14-8-104. Wyoming children's trust fund board; creation; members.
(a) There is created a Wyoming children's trust fund board. The board shall consist of eight (8) members, as follows:
(i) The director of the department of family services or the director's designee;
(ii) The state superintendent of public instruction;
(iii) Five (5) persons appointed by the governor and confirmed by the senate who are knowledgeable in the area of child abuse prevention and are representative of any one (1) or more of the following areas:
(A) Law enforcement;
(B) Medicine;
(C) Law;
(D) Business;
(E) Mental health;
(F) Domestic relations;
(G) Child abuse prevention;
(H) Education;
(J) Social work; and
(K) Parent organizations.
(iv) The director of the department of health or the director's designee.
(b) Each appointed member of the board shall serve for a term of three (3) years. A vacancy on the board shall be filled for the balance of the unexpired term.
(c) The board shall meet regularly. Members shall serve without compensation but shall be reimbursed for expenses incurred in the performance of their duties in the manner and amounts provided by law for state employees.
(a) The board shall:
(i) Provide for the coordination and exchange of information on the establishment and maintenance of prevention programs;
(ii) Develop and publicize criteria regarding grants from the trust fund, including the duration of grants and any requirements for matching funds which are received from the trust fund;
(iii) Review and monitor the expenditure of monies by recipients;
(iv) Prepare an annual report to the joint appropriations interim committee on the board's activities which include periodic evaluations of the effectiveness of the prevention programs funded by the trust fund;
(v) Accept grants from the federal government as well as solicit and accept contributions, grants, gifts, bequests and donations from individuals, private organizations and foundations for credit to the trust fund or the income account as directed by the terms of the contribution, grant, gift, bequest or donation;
(vi) Expend monies of the income account for the establishment, promotion and maintenance of prevention programs, for operational expenses of the board and to increase the balance of the trust fund corpus;
(vii) Exercise any other powers or perform any other duties which are consistent with the purposes for which the board was created and which are reasonably necessary for the fulfillment of the board's responsibilities;
(viii) Establish a classification system for potential recipients based upon need and shall award grants to those classified most needy.
14-8-106. Wyoming children's trust fund and income account; creation; source of funds.
(a) There is created the Wyoming children's trust fund. The fund shall be administered by the board and shall consist of monies appropriated or designated to the fund by law and all monies collected by the board pursuant to W.S. 14-8-105(a)(v) for credit to the trust fund. Funds deposited within the trust fund are intended to be inviolate and constitute a perpetual trust account. The state treasurer shall invest the account as authorized by law and in a manner to obtain the highest net return possible consistent with the preservation of the trust fund corpus.
(b) There is created the Wyoming children's income account. The account shall be administered by the board and shall consist of monies appropriated or designated to the account by law and all monies collected by the board pursuant to W.S. 14-8-105(a)(v) for credit to the income account. The state treasurer shall credit annually to the income account the income earned from investment of the trust fund corpus. All funds in the income account at the end of a biennium shall remain in the account for expenditure as authorized in this article.
14-8-107. Disbursement of grants from the income account.
(a) Grants may be awarded from the income account to provide monies for the start-up, continuance or expansion of prevention programs, to provide educational and public informational seminar and to study and evaluate prevention programs.
(b) Repealed by Laws 2019, ch. 114, § 2.
(c) Repealed by Laws 2019, ch. 114, § 2.
The director of the department of audit or his designee shall audit the trust fund biennially. Copies of the audit shall be provided to the legislature.
(a) The purpose and intent of this act is to:
(i) Establish, maintain and promote the development of juvenile services in communities of the state aimed at allowing early identification and diversion of children at risk of entry into the juvenile court system and preventing juvenile delinquency; and
(ii) Allow decisions regarding juvenile services to be made at the local level.
(a) As used in this act:
(i) "Account" means the community juvenile services block grant account created by this act;
(ii) "Community board" means a community juvenile services board providing juvenile services under this act;
(iii) "Department" means the department of family services;
(iv) "Juvenile services" means programs or services provided to children at risk of coming under the jurisdiction of the juvenile court. Programs or services may include:
(A) Needs screening and evaluation;
(B) Treatment planning and follow-up;
(C) Case management;
(D) Family preservation services;
(E) Mental health treatment;
(F) Substance abuse treatment;
(G) Mentor and tracker services;
(H) Community service and restitution programs;
(J) Out-of-home placement;
(K) Remedial education services;
(M) Pretrial diversion programs and graduated sanctions.
(v) Repealed By Laws 2008, Ch. 57, § 2.
(vi) Repealed By Laws 2008, Ch. 57, § 2.
(vii) "Advisory board" means a board established by a board of county commissioners which meets the requirements of W.S. 14-9-105(b);
(viii) "This act" means W.S. 14-9-101 through 14-9-108.
There is created the juvenile services block grant account into which shall be deposited all funds appropriated by the legislature for the purposes of this act.
14-9-105. Community juvenile services boards; advisory boards.
(a) A county may, in accordance with the Wyoming Joint Powers Act, enter into an agreement with one (1) or more counties, any or all cities within the county or counties, and any or all school districts within the county or counties, to form a joint powers board or, by an agreement among the entities specified in this subsection, to serve as a community juvenile services board under this act. Any board formed under this subsection shall comply with the requirements specified in W.S. 16-1-105. The board formed under this subsection shall include, at a minimum, representation from five (5) of the following entities within the jurisdictional boundaries of the community juvenile services board:
(i) A representative of local field offices of the department of family services;
(ii) A representative of local public health;
(iii) A representative from the local school districts;
(iv) A representative from prosecuting attorneys' offices;
(v) A representative from local police departments and sheriff's offices;
(vi) Representatives from the boards of county commissioners;
(vii) A representative from a local or regional mental health or substance abuse provider;
(viii) A representative from the public defender's office;
(ix) Any other professional the board of county commissioners or joint powers board may appoint, who has particular knowledge or expertise in children or young adult services.
(b) As an alternative to a community board, the county commissioners of a county may form a juvenile services advisory board. In forming an advisory board the county commissioners shall include representation from at least five (5) of the entities specified in subsection (a) of this section.
14-9-106. Community board powers; requirements of boards and counties.
(a) A community board may:
(i) Receive funds from any source;
(ii) Employ staff using any available funds;
(iii) Expend funds to provide directly, or to contract for, juvenile services.
(b) Subject to this act, a community board or a board of county commissioners which has appointed an advisory board in accordance with W.S. 14-9-105(b) shall:
(i) Review existing community juvenile services within its jurisdiction;
(ii) Develop a community juvenile services strategic plan to accomplish the following purposes:
(A) Use of a uniform screening instrument;
(B) Assessments of referred children by licensed professionals who may include medical, mental health, social service and educational personnel;
(C) Procedures to facilitate referrals of youth and families of youth needing services by:
(I) School districts;
(II) Law enforcement;
(III) Licensed mental health care providers;
(IV) Licensed health care providers;
(V) A court;
(VI) The department of family services;
(VII) Community youth organizations;
(VIII) Families of youth needing services;
(IX) Self-referred youth.
(D) Periodic review of the strategic plan.
(iii) Repealed By Laws 2013, Ch. 20, § 2.
(iv) Repealed By Laws 2013, Ch. 20, § 2.
(v) Repealed By Laws 2008, Ch. 57, § 2.
(c) A juvenile services advisory board shall provide advice to the board of county commissioners concerning the availability and need for juvenile services within the county and the expenditure of any funds received by the county pursuant to this act. The advisory board may also assist the board of county commissioners, or the appropriate county official as directed by the county commissioners, in preparing the strategic plan required by this section and the grant application required under W.S. 14-9-108.
(d) The community board shall not provide any services to any child without first obtaining written consent from the child's parent or guardian unless participation in the program or service offered by the community board is a condition of court ordered probation or suspension of sentence. A court of limited jurisdiction may authorize the community board to provide services to a child if, after a hearing, the court finds that the child's parent or guardian unreasonably refused to provide written consent for the child to receive services.
14-9-107. Administration of block grant program; powers of department of family services.
(a) Subject to the availability of funds, the department of family services in cooperation with the department of health and education shall administer a community juvenile services block grant program to assist communities to develop and maintain juvenile services.
(b) The departments of education, family services and health shall promulgate reasonable rules and regulations necessary to carry out the purposes of this act including rules relating to:
(i) Grant application procedures;
(ii) Grant eligibility;
(iii) Procedures for distributing block grants;
(iv) Research based strategies;
(v) Graduated sanctions and intervention levels for all juveniles.
(a) To qualify for a grant under this act, an applicant shall:
(i) Be created as a community board as provided by W.S. 14-9-105 or be a board of county commissioners which has appointed an advisory board in accordance with W.S. 14-9-105(b);
(ii) Submit a grant application;
(iii) Receive certification from the department of family services that the strategic plan developed by the community board or county addresses the purposes of this act;
(iv) Develop a system for:
(A) Central intake and assessment of juveniles with an initial point of contact established within the community;
(B) The development or adoption of criteria for juvenile diversion, short-term detention and longer-term shelter care services, including standards for assessments, admissions, twenty-four (24) hour intakes, predispositional detentions and shelter care standards;
(C) The development of a continuum of nonsecure services, including early intervention, diversion, community service and other sanctions which may include citations, counseling, parenting education, day treatment and aftercare following twenty-four (24) hour placements; and
(D) The identification of other funding sources for local juvenile services.
(b) Repealed By Laws 1998, ch. 8, § 2.
(c) For grants awarded to community boards, services for juveniles under this section shall be paid cooperatively by the departments of family services, health and education to the providers of those services. For grants awarded to counties acting with an advisory board, services shall be paid by the county from grant funds provided to the county.
(d) Systems approved by the department under this section shall provide for confidential proceedings and records.
14-10-101. State advisory council on juvenile justice.
(a) There is created within the office of the governor the state advisory council on juvenile justice. The advisory council shall consist of not less than fifteen (15) members appointed by the governor representing each judicial district. Each member shall serve a three (3) year term. The advisory council shall be made up of members having training, experience or special knowledge concerning the prevention and treatment of juvenile delinquency or the administration of juvenile justice.
(b) The governor may remove any member of the advisory council as provided in W.S. 9-1-202.
(c) Vacancies on the advisory council shall be filled by appointment for the unexpired term.
(d) The advisory council may meet four (4) or more times each year.
(e) Members of the advisory council shall not receive compensation for their services, but when actually engaged in the performance of their duties, they shall receive travel expenses, per diem and mileage expenses in the same manner and amount as employees of the state.
(f) The advisory council shall:
(i) Advise the governor in the development and review of the state's juvenile justice planning;
(ii) Assist communities in the formation of community juvenile services boards;
(iii) Make recommendation for an equitable funding formula for distribution of funds to community juvenile service boards;
(iv) Be afforded the opportunity to review and comment on all juvenile justice, delinquency prevention and juvenile services grant applications prepared for submission under any federal grant program by any governmental entity of the state;
(v) Review the progress and accomplishments of state and local juvenile justice, delinquency prevention and juvenile services projects;
(vi) At the direction of the governor, assist communities to collect, compile and distribute data relating to juvenile justice, delinquency prevention and juvenile services, including but not limited to, an inventory of programs and services available in each county of the state. The council shall then identify and make recommendations with regard to areas for which an unfulfilled need for services or programs exists;
(vii) Develop recommendations concerning establishments of priorities and needed improvements with respect to juvenile justice, delinquency prevention and juvenile services and report its recommendations to the governor and joint judiciary interim committee annually, on or before December 31;
(viii) Review and analyze the proposed budget for each entity of state government which utilizes state or federal funds to administer or provide juvenile justice programs and services and make recommendations to the governor; and
(ix) Coordinate the efficient and effective development and enhancement of state, local and regional juvenile justice programs.
The purpose of this act is to provide to a parent of a newborn child the means to relinquish the child so that the child may be cared for and protected in a safe haven.
(a) As used in this act:
(i) "Abuse" means as defined by W.S. 14-3-202(a)(ii);
(ii) "Child protective agency" means as defined by W.S. 14-3-202(a)(iv);
(iii) "Fire station" means a fire station that is open and operating twenty-four (24) hours a day, seven (7) days a week, and that is continually staffed with full- time, paid firefighters who have emergency medical services training;
(iv) "Hospital" means a general acute hospital that is:
(A) Equipped with an emergency room;
(B) Open twenty-four (24) hours a day, seven (7) days a week; and
(C) Employs full-time health care professionals who have emergency medical services training.
(v) "Neglect" means as defined by W.S. 14-3-202(a)(vii);
(vi) "Newborn child" means a child who is sixty (60) days of age or younger as determined within a reasonable degree of medical certainty;
(vii) "Safe haven provider" means any of the following that is staffed twenty-four (24) hours a day, seven (7) days a week:
(A) A fire station;
(B) A hospital;
(C) A police department or sheriff's office; or
(D) Any other place of shelter and safety identified by the department of family services which meets the requirements of rules and regulations promulgated pursuant to W.S. 14-11-107.
(viii) "This act" means W.S. 14-11-101 through 14-11-109.
(a) A parent or a parent's designee may relinquish a newborn child to a safe haven provider in accordance with the provisions of this act and retain complete anonymity.
(b) Relinquishment of a newborn child shall not, in and of itself, constitute abuse or neglect and the child shall not be considered an abused or neglected child, so long as the relinquishment is carried out in substantial compliance with provisions of this act.
(c) A safe haven provider shall accept a newborn child who is relinquished pursuant to the provisions of this act, and may presume that the person relinquishing is the child's parent or parent's designee.
(d) The parent or parent's designee may provide information regarding the parent and newborn child's medical histories, and identifying information regarding the nonrelinquishing parent of the child. The safe haven provider shall, after informing the parent or the parent's designee that no information is required to be given, ask the parent or the parent's designee whether the child has any tribal affiliation or Native American ancestry, and request relevant information to determine the child's tribe. The safe haven provider shall not require that any information be given or the person relinquishing express an intent for return of the child.
(e) A safe haven provider may provide any necessary emergency medical care to the newborn child and shall deliver custody of the newborn child to the nearest hospital as soon as possible.
(f) A hospital receiving a relinquished newborn child may provide any necessary medical care to the child and shall notify the local child protective agency as soon as possible, but no later than twenty-four (24) hours after receiving the child.
(g) The local child protective agency shall assume care and custody of the child immediately upon notice from the hospital. After receiving custody, the local child protective agency shall assist in placement of the newborn child pursuant to W.S. 14-11-105(a).