Law

Title 1 Civil Procedure

Wyoming · 1 · statute

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Contents: 1,032 provisions

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1,032 provisions

1-21-1108. Repealed by Laws 1987, ch. 198, § 4.

Repealed by Laws 1987, ch. 198, § 4.

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1-21-1109. Repealed by Laws 1987, ch. 198, § 4.

Repealed by Laws 1987, ch. 198, § 4.

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1-21-1110. Repealed by Laws 1987, ch. 198, § 4.

Repealed by Laws 1987, ch. 198, § 4.

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1-21-1111. Repealed by Laws 1987, ch. 198, § 4.

Repealed by Laws 1987, ch. 198, § 4.

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1-21-1112. Repealed by Laws 1987, ch. 198, § 4.

Repealed by Laws 1987, ch. 198, § 4.

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1-21-1113. Repealed by Laws 1987, ch. 198, § 4.

Repealed by Laws 1987, ch. 198, § 4.

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1-21-1114. Repealed by Laws 1987, ch. 198, § 4.

Repealed by Laws 1987, ch. 198, § 4.

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1-21-1115. Repealed by Laws 1987, ch. 198, § 4.

Repealed by Laws 1987, ch. 198, § 4.

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1-21-1116. Repealed by Laws 1987, ch. 198, § 4.

Repealed by Laws 1987, ch. 198, § 4.

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1-21-1201. Definitions.

(a) As used in this article: (i) "Owner" means the owner, lessor or sublessor of a residential rental unit and for purposes of notice and other communication required or allowed under this article, "owner" includes a managing agent, leasing agent or resident manager unless the agent or manager specifies otherwise in writing in the rental agreement; (ii) "Rental agreement" means any agreement, written or oral, which establishes or modifies the terms, conditions, rules or any other provisions regarding the use and occupancy of a residential rental unit; (iii) "Renter" means any renter, lessee, tenant or other person entitled under a rental agreement to occupy a residential rental unit to the exclusion of others; (iv) "Residential rental unit" means a renter's principal place of residence and includes the appurtenances, grounds, common areas and facilities held out for the occupancy of the residential renter generally and any other area or facility provided to the renter in the rental agreement, excluding a mobile home lot or recreational property rented on an occasional basis; (v) "Termination" means the lawful ending or cessation of a rental agreement for any reason including expiration of the rental period, voluntary termination by mutual agreement of the parties, termination in accordance with W.S. 1-21-1203(d), abandonment of the leased premises by the renter prior to expiration of the rental period or termination resulting from court order.

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1-21-1202. Duties of owners and renters; generally.

(a) Each owner and his agent renting or leasing a residential rental unit shall maintain that unit in a safe and sanitary condition fit for human habitation. Each residential rental unit shall have operational electrical, heating and plumbing, with hot and cold running water unless otherwise agreed upon in writing by both parties. Provided, however, this section shall not prevent the rental of seasonal rental units such as summer cabins which are not intended to have such amenities. (b) Each renter shall cooperate in maintaining his residential rental unit in accordance with this article. (c) This article does not apply to breakage, malfunctions or other conditions which do not materially affect the physical health or safety of the ordinary renter. (d) Any duty or obligation in this article may be assigned to a different party or modified by explicit written agreement signed by the parties.

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1-21-1203. Owner's duties; notice by renter of

noncompliance; duty to correct; exceptions; termination of rental agreement; liability limited. (a) To protect the physical health and safety of the renter, each owner shall: (i) Not rent the residential rental unit unless it is reasonably safe, sanitary and fit for human occupancy; (ii) Maintain common areas of the residential rental unit in a sanitary and reasonably safe condition; (iii) Maintain electrical systems, plumbing, heating and hot and cold water; and (iv) Maintain other appliances and facilities as specifically contracted in the rental agreement. (b) If the renter is current on all payments required by the rental agreement and has reasonable cause supported by evidence to believe the residential rental unit does not comply with the standards for health and safety required under this article, the renter shall advise the owner in writing of the condition and specify the remedial action the renter requests be taken by the owner. Within a reasonable time after receipt of this notice, the owner shall either commence action to correct the condition of the residential rental unit or notify the renter in writing that the owner disputes the renter's claim. The notices required by this subsection shall be served by certified mail or in the manner specified by W.S. 1-21-1003. (c) The owner shall not be required to correct or remedy any condition caused by the renter, the renter's family or the renter's guests or invitees by inappropriate use or misuse of the property during the rental term or any extension of it. (d) The owner may refuse to correct the condition of the residential rental unit and terminate the rental agreement if the costs of repairs exceeds an amount which would be reasonable in light of the rent charged, the nature of the rental property or rental agreement. If the owner refuses to correct the condition and intends to terminate the rental agreement, he shall notify the renter in writing within a reasonable time after receipt of the notice of noncompliance and shall provide the renter with sufficient time to find substitute housing, which shall be no less than ten (10) days nor more than twenty (20) days from the date of the notice. If the rental agreement is terminated, the rent paid shall be prorated to the date the renter vacates the unit and any balance shall be refunded to the renter along with any deposit due in accordance with W.S. 1-21-1208. (e) The owner is not liable under this article for claims for mental suffering or anguish.

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1-21-1204. Renter's duties.

(a) Each renter shall: (i) Maintain the residential rental unit occupied in a clean and safe condition and not unreasonably burden any common area; (ii) Dispose of all garbage and other waste in a clean and safe manner; (iii) Maintain all plumbing fixtures in a condition as sanitary as the fixtures permit; (iv) Use all electrical, plumbing, sanitary, heating and other facilities and appliances in a reasonable manner; (v) Occupy the residential rental unit in the manner for which it was designed and shall not increase the number of occupants above that specified in the rental agreement without written permission of the owner; (vi) Be current on all payments required by the rental agreement; (vii) Comply with all lawful requirements of the rental agreement between the owner and the renter; and (viii) Remove all property and garbage either owned or placed within the residential rental unit by the renter or his guests prior to termination of the rental agreement and clean the rental unit to the condition at the beginning of the rental agreement.

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1-21-1205. Prohibited acts by renter.

(a) No renter shall: (i) Intentionally or negligently destroy, deface, damage, impair or remove any part of the residential rental unit or knowingly permit any person to do so; (ii) Interfere with another person's peaceful enjoyment of the residential property; or (iii) Unreasonably deny access to, refuse entry to or withhold consent to enter the residential rental unit to the owner, agent or manager for the purpose of making repairs to or inspecting the unit, and showing the unit for rent or sale.

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1-21-1206. Renter's remedies; notice to owner or agent;

judicial remedy; rights under termination of rental agreement. (a) The remedies set forth in this section are available to a renter in compliance with all provisions of W.S. 1-21-1204 and 1-21-1205 when the rental agreement has not been lawfully terminated pursuant to W.S. 1-21-1203(d). (b) If a reasonable time has elapsed after the renter has served written notice on the owner under W.S. 1-21-1203 and the owner has failed to respond or to correct the condition described in the notice, the renter may cause a "notice to repair or correct condition" to be prepared and served on the owner by certified mail or in the manner specified by W.S. 1-21-1003. This notice shall: (i) Recite the previous notice served under W.S. 1-21-1203(b); (ii) State the number of days that have elapsed since the notice was served and that under the circumstances the period of time constitutes the reasonable time allowed under W.S. 1-21-1203(b); (iii) State the conditions included in the previous notice which have not been corrected; (iv) Demand that the uncorrected conditions be corrected; and (v) State that if the owner fails to commence reasonable corrective action within three (3) days he will seek redress in the courts. (c) If the owner has not corrected or used due diligence to correct the conditions following notice under this section, or if the owner has notified the renter that the claim is disputed, the renter may commence a civil action in circuit court. The court shall endorse on the summons the number of days within which the owner is required to appear and defend the action, which shall not be less than three (3) nor more than twenty (20) days from the date of service. Upon a showing of an unreasonable refusal to correct or the failure to use due diligence to correct a condition described in this article, the renter may be awarded costs, damages and affirmative relief as determined by the court. Damages awarded to the renter may include rent improperly retained or collected. Affirmative relief may include a declaration terminating the rental agreement, or an order directing the owner to make reasonable repairs. (d) If the court terminates the rental agreement pursuant to subsection (c) of this section, the renter is entitled to receive a refund of the balance of the rent and the deposit on the rental unit within thirty (30) days of the date the agreement is ordered terminated. The renter shall be required to vacate the rental unit no sooner than ten (10) days nor later than twenty (20) days after termination of the rental agreement by a court.

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1-21-1207. Required notice of nonrefundable deposit.

Any rental agreement shall state whether any portion of a deposit is nonrefundable and written notice of this fact shall also be provided to the renter at the time the deposit is taken by the owner or his designated agent.

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1-21-1208. Deductions from deposit; written itemization;

time limits; failure to give notice; recovery by renter; utilities deposit; penalty. (a) Upon termination of the rental agreement, property or money held as a deposit may be applied by the owner or his agent to the payment of accrued rent, damages to the residential rental unit beyond reasonable wear and tear, the cost to clean the unit to the condition at the beginning of the rental agreement and to other costs provided by any contract. The balance of any deposit and prepaid rent and a written itemization of any deductions from the deposit together with reasons therefor, shall be delivered or mailed without interest to the renter within thirty (30) days after termination of the rental agreement or within fifteen (15) days after receipt of the renter's new mailing address, whichever is later. If there is damage to the residential rental unit, this period shall be extended by thirty (30) days. The renter shall within thirty (30) days of termination of the rental agreement, notify the owner or designated agent of the location where payment and notice may be made or mailed. (b) After termination of the rental agreement, property or money held and separately identified as a utilities deposit shall be refunded by the owner to the renter within ten (10) days of a satisfactory showing that all utility charges incurred by the renter have been paid. Absent such showing within forty-five (45) days of termination, the owner shall within fifteen (15) days thereafter, apply the utilities deposit to the outstanding utility debt incurred by the renter. Any refund due to the renter shall be paid within seven (7) days after the utility deposit has been applied to the renter's utility debt, or within fifteen (15) days after receipt of the renter's new mailing address, whichever is later. (c) If the owner of a residential rental unit or his agent unreasonably fails to comply with subsection (a) or (b) of this section, the renter may recover the full deposit and court costs. In an action by a renter pursuant to this section, if the owner is the prevailing party and the court finds the renter acted unreasonably in bringing the action, the owner may be awarded court costs in addition to any other relief available.

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1-21-1209. Holder of owner's interest bound by provisions.

The holder of the interest of the owner or designated agent in the residential rental unit at the time of termination of the rental agreement shall be bound by the provisions of W.S. 1-21-1207 and 1-21-1208.

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1-21-1210. Possession of premises and disposition of

personal property abandoned by renter after termination of rental agreement. (a) Upon regaining lawful possession of the rental unit following termination of the rental agreement, the owner may immediately dispose of any trash or property the owner reasonably believes to be hazardous, perishable or valueless and abandoned. Any property remaining within the rental unit after termination of the rental agreement shall be presumed to be both valueless and abandoned. Any valuable property may be removed from the residential rental unit and shall thereafter be disposed of as follows: (i) The owner shall provide written notice to the renter in accordance with this paragraph, describing the property claimed to be abandoned and stating that the property shall be disposed of after seven (7) days from the date of service of the notice if the renter or his agent does not, within the seven (7) day period, take possession of the property or notify the owner in writing of the renter's intent to take possession of the property. The notice provided by the owner under this paragraph shall be deemed served: (A) On the date the notice is mailed by certified mail to the renter at an address furnished to the owner by the renter in writing specifically for this purpose; (B) On the date notice is served on the renter in accordance with Rule 4 of the Wyoming Rules of Civil Procedure provided a copy of the written notice is delivered to the individual renter personally; or (C) On the date the notice is published in a newspaper published in the county or widely circulated in the county where the residential rental unit is located. (ii) If the owner does not receive a written response from the renter within seven (7) days after service of notice under paragraph (i) of this subsection, the property shall be conclusively deemed abandoned and the owner may retain or dispose of the property; (iii) If the renter responds in writing to the owner on or before seven (7) days after service of notice under paragraph (i) of this subsection that he intends to take possession of the property, the property shall be held for an additional period of seven (7) days after the written response is received. If the renter fails to take possession of the property within the additional fifteen (15) day period, the property shall be conclusively deemed abandoned and the owner may retain or dispose of the property. (b) The owner is entitled to payment of storage costs for the period the property remains in safekeeping plus the cost of removal of the property to the place of storage. An owner shall be allowed reasonable storage costs if he stores the property himself or actual storage costs if the property is stored commercially. Payment of storage costs shall be made before the renter removes the property. (c) The owner is not responsible for any loss to the renter resulting from storage.

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1-21-1211. Owner's remedies; eviction; judicial remedies; damages.

(a) If the renter does not vacate the premises as required by a court order issued pursuant to W.S. 1-21-1001 et seq., the sheriff may remove the renter's possessions and prevent the renter from reentering the premises without further action by the court. (b) If the renter damages the rental property, the owner may apply any property or money held as a deposit to the payment of damages as provided in W.S. 1-21-1208(a) and the renter shall remain liable for any damages beyond the damages paid by the deposit, plus interest at ten percent (10%) per annum on any unpaid amounts. The owner may take any legal action available to recover damages caused to the unit by the renter.

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1-21-1301. Short title.

This act shall be known and may be cited as the "Wyoming Safe Homes Act."

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1-21-1302. Definitions.

(a) As used in this act: (i) "Domestic abuse" means as defined in W.S. 35-21-102(a)(iii); (ii) "Landlord" means the owner of a building or the owner's agent with regard to matters concerning the landlord's renting or leasing of a dwelling; (iii) "Sexual violence" means any act of sexual assault, sexual abuse or stalking of an adult or minor, including any nonconsensual sexual contact or intrusion as those terms are defined in the Wyoming Criminal Code; (iv) "Tenant" means a person who has entered into an oral or written lease with a landlord whereby the person is the lessee under the lease; (v) "This act" means W.S. 1-21-1301 through 1-21-1304.

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1-21-1303. Breach of lease; recovery of rent; affirmative defense.

(a) In any action brought by a landlord against a tenant to recover rent for breach of lease, the tenant shall have an affirmative defense and not be liable for rent for the period after which a tenant vacates the premises owned by the landlord and covered by the lease, if by a preponderance of the evidence, the court finds that: (i) At the time the tenant vacated the premises, the tenant or a member of the tenant's household was under a credible imminent threat of domestic abuse or sexual violence at the premises, as demonstrated by medical, court or police evidence of domestic abuse or sexual violence; and (ii) The tenant gave seven (7) days written notice to the landlord prior to vacating the premises stating that the reason for vacating the premises was because of a credible imminent threat of domestic abuse or sexual violence against the tenant or a member of the tenant's household. (b) In any action brought by a landlord against a tenant to recover rent for breach of lease, the tenant shall have an affirmative defense and not be liable for rent for the period after which a tenant vacates the premises owned by the landlord and covered by the lease, if by a preponderance of the evidence, the court finds that: (i) The tenant or a member of the tenant's household was a victim of domestic abuse or sexual violence on the premises that are owned or controlled by the landlord and the tenant has vacated the premises as a result of the sexual violence; (ii) The tenant gave seven (7) days written notice to the landlord prior to vacating the premises stating that the reason for vacating the premises was because of the domestic abuse or sexual violence against the tenant or a member of the tenant's household, the date of the sexual violence, and that the tenant provided medical, court or police evidence of domestic abuse or sexual violence to the landlord supporting the claim of domestic abuse or sexual violence; and (iii) The domestic abuse or sexual violence occurred not more than sixty (60) days prior to the date of giving the written notice to the landlord, or if circumstances are such that the tenant could not reasonably give notice within that time period because of reasons related to the domestic abuse or sexual violence, including, but not limited to, hospitalization or seeking assistance for shelter or counseling, then as soon thereafter as practicable. (c) A landlord may not terminate a tenancy based solely on the tenant's or applicant's or a household member's status as a victim of domestic abuse or sexual violence. This subsection does not prohibit adverse housing decisions based upon other lawful factors within the landlord's knowledge. (d) Nothing in this act shall be construed to be a defense against: (i) An action for recovery of rent for the period of time before the tenant vacated the landlord's premises and gave notice to the landlord as required in this section; or (ii) Forcible entry and detainer for failure to pay rent before the tenant gave notice to the landlord as required in this section and vacated the premises.

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1-21-1304. Prohibition of waiver or modification.

The provisions of this act shall not be waived or modified in any lease or separate agreement between a landlord and tenant.

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1-21-1401. Definitions.

(a) As used in this article: (i) "Immediate family member" means a spouse, child or parent; (ii) "Law enforcement" means the sheriff, the sheriff's deputies or peace officers of a city or town; (iii) "Owner" means the owner of a residential dwelling; (iv) "Residential dwelling" means a dwelling or property, real or otherwise, that serves as a place of residence or other facilities held out for the occupancy of a person. "Residential dwelling" includes real property where a dwelling or other residential facility is located; (v) "Unauthorized person" means a person who is not authorized to maintain presence or residency in a residential dwelling.

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1-21-1402. Limited alternative remedy for removal of unauthorized persons from residential property.

(a) An owner or the owner's authorized agent may request from law enforcement in the county where the property is located the immediate removal of any person unlawfully occupying or possessing the owner's residential dwelling if all of the following conditions are met: (i) The person requesting the removal is the residential dwelling owner or the owner's authorized agent; (ii) The unauthorized person for whom removal has been requested has unlawfully entered and remains or continues to reside in the owner's residential dwelling; (iii) There is no known pending litigation related to the residential dwelling between the owner and any known unauthorized person; (iv) The unauthorized person is not a current or former tenant pursuant to a written or oral rental or lease agreement authorized by the owner, the owner's predecessor or the owner's authorized agent; (v) The unauthorized person is not an immediate family member of the owner or in a cohabitating relationship with the owner. (b) To request the immediate removal of an unauthorized person who is occupying a residential dwelling, the owner or the owner's authorized agent shall submit to law enforcement of the county where the residential dwelling is located a complaint for the removal of the unauthorized person. The complaint shall include, at a minimum, that: (i) The person is the owner or the owner's authorized agent for the residential dwelling; (ii) An unauthorized person has unlawfully entered and is remaining or residing unlawfully in the residential dwelling; (iii) The unauthorized person sought to be removed is not an owner or co-owner of the residential dwelling and has not been listed on title to the property unless the person has engaged in title fraud; (iv) There is no known litigation related to the property that is pending between the owner and any person sought to be removed; (v) The unauthorized person is not a current or former tenant pursuant to a written or oral rental or lease agreement authorized by the owner, the owner's predecessor or the owner's authorized agent; (vi) The unauthorized person is not an immediate family member of the owner or in a cohabitating relationship with the owner; (vii) The owner acknowledges that an unauthorized person removed from the property or dwelling under this section may bring a cause of action against the owner for any false statements made in the complaint, or for wrongfully using this procedure, and that as a result of this action, the owner may be held liable for actual damages, penalties, costs and reasonable attorney fees; (viii) The owner is requesting law enforcement to immediately remove the unauthorized person from the residential dwelling; (ix) A copy of the owner's valid government-issued identification or a copy of documents authorizing the owner's authorized agent to act on the owner's behalf is included; (x) The information contained in the complaint is true and correct and that the complaint is submitted under penalty of perjury. (c) Upon receipt of a complaint under this section, law enforcement shall verify that the person who submitted the complaint is the record owner of the residential dwelling or the authorized agent of the owner and that the person is entitled to relief under this section. If law enforcement is unable to verify that the person who submitted the complaint is the record owner of the residential dwelling and is entitled to relief under this section, law enforcement shall have no obligation to provide notice and vacate the residential dwelling as provided in subsection (d) of this section. (d) Upon verification under subsection (c) of this section, law enforcement shall, without delay, provide notice to immediately vacate to all unauthorized persons occupying the residential dwelling and shall put the owner in possession of the residential dwelling. Notice may be accomplished by hand delivery of the notice to the unauthorized occupant or by posting the notice on the front door or entrance of the residential dwelling. Law enforcement shall also attempt to verify the identities of all persons occupying the residential dwelling and shall document the identities. If appropriate, law enforcement may arrest any person found in the residential dwelling for trespass, outstanding warrants or any other legal cause.

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1-21-1403. Vacation of unauthorized persons; cause of action for wrongful removal.

(a) After law enforcement provides notice to immediately vacate, the owner or the owner's authorized agent may request that law enforcement stand by to keep the peace while the owner or agent changes the locks and removes the personal property of the unauthorized person from the premises to or near the property line. (b) Law enforcement shall not be liable to the unauthorized person or any other party for the loss, destruction or damage of property removed under this section. The owner or the owner's authorized agent shall not be liable to an unauthorized person or any other party for the loss, destruction or damage to any removed personal property unless the removal was wrongful or unless the personal property is wantonly destroyed or damaged. (c) A person may bring a civil cause of action against an owner or the owner's authorized agent for wrongful removal. A person harmed by a wrongful removal under this article may be restored to possession of the residential dwelling and may recover: (i) Actual costs and damages incurred; (ii) Statutory damages equal to triple the fair market value of renting the residential dwelling during the period of wrongful removal; (iii) Court costs; (iv) Reasonable attorney fees. (d) Nothing in this article shall be construed to limit: (i) The rights of an owner; (ii) The authority of any peace officer to arrest an unauthorized person for trespassing, vandalism, theft or any other criminal offense; (iii) Remedies available under title 1, chapter 21 of the Wyoming statute or any other provision of law.

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1-22-101. Definitions.

(a) As used in this act: (i) "Agency" means any person legally empowered to place children for adoption or a certified private child welfare agency or the department of family services; (ii) "Child" means the minor person to be adopted; (iii) "Parent" means the child's father or mother whose parental rights have not been judicially terminated; (iv) "Putative father" means the alleged or reputed father of a child born out of wedlock, whether or not the paternity rights and obligations of the father have been judicially determined; (v) "This act" means W.S. 1-22-101 through 1-22-114.

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1-22-102. Persons subject to adoption; applicability of Wyoming Indian Child Welfare Act.

(a) Any child may be adopted who is within this state when the petition for adoption is filed. (b) Any adult may be adopted, regardless of his residence within or outside of this state at the time the petition is filed, provided: (i) The adopting parent was a stepparent, grandparent or other blood relative, foster parent or legal guardian who participated in the raising of the adult when the adult was a child; and (ii) The adult files a consent to the adoption with the court. (c) If the child to be adopted under this act is an Indian child as defined by W.S. 14-6-702(a)(iv), the court, agency and any party to the adoption proceeding under this act shall comply with the Wyoming Indian Child Welfare Act. If any provision of this act conflicts with the Wyoming Indian Child Welfare Act for the adoption of an Indian child, the Wyoming Indian Child Welfare Act shall control.

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1-22-103. Adopting parties.

Any adult person who has resided in this state during the sixty (60) days immediately preceding the filing of the petition for adoption and who is determined by the court to be fit and competent to be a parent may adopt in accordance with this act.

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1-22-104. Petition for adoption of minor; by whom filed;

requisites, confidential nature; inspection; separate journal to be kept. (a) Adoption proceedings shall be commenced by a petition filed in district court. The district court may transfer jurisdiction of a petition to adopt a child to the juvenile court if the child proposed for adoption in the petition is under the prior and continuing jurisdiction of the juvenile court. (b) A petition may be filed by any single adult or jointly by a husband and wife who maintain their home together, or by either the husband or wife if the other spouse is a parent of the child. (c) The following documents shall be filed with every petition to adopt a child: (i) The appropriate consent to adoption pursuant to W.S. 1-22-109; (ii) Any relinquishments as provided by W.S. 1-22-109 necessary to show the court that the person or agency legally authorized to have custody and control of the child prior to the adoption, has duly relinquished the child to the petitioners for adoption; (iii) A report of the medical examination of the child made by a licensed Wyoming physician within thirty (30) days immediately preceding the filing of the petition to adopt. The report shall be made on forms provided by the department of family services. A medical report shall not be required when a parent of the child joins in the petition to adopt or when the child resided with the adoptive parents for more than six (6) months prior to filing the petition; (iv) An affidavit from each petitioner setting forth: (A) Any previous or current diagnosed psychiatric disorders of the petitioner; (B) All felony convictions of the petitioner within the preceding ten (10) years; (C) All misdemeanor convictions of the petitioner within the preceding five (5) years; (D) The current parole or probation status of the petitioner, if any. (v) An affidavit stating the name or names of persons awarded visitation rights to the child under W.S. 20-7-101 or 20-7-102 or an affidavit stating that no visitation rights under W.S. 20-7-101 or 20-7-102 have been awarded in regard to the child; (vi) A form prescribed and furnished by the state registrar of vital records. The form shall be completed to the extent possible with the information required under W.S. 35-1-416(a) including: (A) The name of the child prior to adoption; (B) Sex; (C) Date of birth; (D) Place of birth; (E) Birth certificate number; (F) Natural mother's full maiden name; and (G) Natural father's full name. (vii) If the child to be adopted is an Indian child as defined by W.S. 14-6-702(a)(iv), any documents required to be filed under the Wyoming Indian Child Welfare Act. (d) The petition and documents filed pursuant to this section, and the interlocutory decree, if entered, and the final decree of adoption shall constitute a confidential file and shall be available for inspection only to the judge, or, by order of court, to the parties to the proceedings or their attorneys, except as provided in W.S. 35-1-416. Upon the entry of the final decree of adoption, all records in the proceedings shall be sealed and may be available for inspection only by order of court for good cause shown. The court may order inspection of all or part of the confidential file in adoption proceedings only if it appears to the court that the welfare and best interests of the child will be served by the inspection. (e) The court may order inspection of all or any part of the confidential file upon a proper motion made pursuant to W.S. 1-22-203(b). Any order permitting inspection under this subsection shall preserve the anonymity of the natural parents, the adoptive parents and the child and shall provide that the inspection is subject to the provisions of W.S. 1-22-203. Documents filed pursuant to W.S. 1-22-203(b) or this subsection shall become part of the confidential file. (f) For purposes of this section, "convicted" includes pleas of guilty, nolo contendere, verdicts of guilty upon which a judgment of conviction may be rendered and dispositions pursuant to W.S. 7-13-301 and 35-7-1037. (g) Notwithstanding subsections (d) and (e) of this section, if the adoption concerns an Indian child as defined by W.S. 14-6-702(a)(iv), inspection or disclosure of the confidential adoption file shall only be in accordance with the Wyoming Indian Child Welfare Act and subsections (d) and (e) of this section.

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1-22-105. Hearings to be closed; attendance of parties.

(a) Unless the court orders a hearing in open court, all hearings in adoption proceedings shall be confidential and held in closed court or court chambers. No person shall be admitted except court officials, parties to the proceeding, counsel, nonconsenting parents, the nonconsenting putative father of the child and witnesses. (b) The petitioners and the child shall appear at the hearing unless excused by the court.

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1-22-106. When petition to be filed; order for hearing.

A petition to adopt a child shall be filed upon the entry of the child in the adoptive home or as soon thereafter as is reasonably convenient. When a petition is filed and presented to the judge, he shall set the petition for hearing. Any person whose consent to adoption is required by W.S. 1-22-109 and whose consent has not been filed shall be ordered to appear on the day set and show cause why the petition to adopt should not be granted and a decree of adoption entered.

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1-22-107. Service of petition and order; when service by publication permitted; exception.

(a) Prior to the hearing a copy of the petition to adopt a child and all orders to show cause shall be served on any persons whose consent to adoption is required by W.S. 1-22-109 and whose consent has not been filed with the petition to adopt. Service shall be made in the same manner as provided for by rule 4 of the Wyoming Rules of Civil Procedure and shall be accomplished so that a default judgment could be rendered at the hearing against the person served. Service by publication is specifically allowed where the defendant resides out of state, or his residence cannot, with reasonable diligence, be ascertained. (b) The petition and orders to show cause need not be served upon parents or other persons whose rights to the child have been terminated in a prior judicial proceeding. (c) Prior to the hearing a copy of the petition to adopt a child and an order to show cause shall be served on any persons awarded visitation rights to the child under W.S. 20-7-101 or 20-7-102. The consent of persons awarded visitation rights to the adoption is not required. However, the court may exercise its discretion to allow those persons an opportunity to be heard if the court finds it to be in the best interest and welfare of the child.

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1-22-108. Hearing on petition and objections; findings by court; effect of default.

(a) When the persons required to be served as provided in W.S. 1-22-107 have been served personally or by publication and do not appear at the hearing, a default shall be entered against them and they shall be bound by the findings and judgment of the court. (b) When any person whose consent is required objects to the petition to adopt, he shall at least five (5) days before the hearing file his objections and serve them on all parties to the proceedings, including any person whose consent has been filed. (c) If the putative father files and serves his objections to the petition to adopt as provided in subsection (b) of this section, and appears at the hearing to acknowledge his paternity of the child, the court shall hear the evidence in support of the petition to adopt and in support of the objection to the petition and shall then determine whether: (i) The putative father's claim to paternity of the child is established; (ii) The putative father having knowledge of the birth or pending birth of the child has evidenced an interest in and responsibility for the child within thirty (30) days after receiving notice of the pending birth or birth of the child; (iii) The putative father's objections to the petition to adopt are valid; and (iv) The best interests and welfare of the child will be served by granting the putative father's claim to paternity or by allowing the petition to adopt. (d) The putative father has no right to assert paternity in adoption, dependency or termination of parental rights proceedings unless he is known and identified by the mother or agency, or unless he has lived with or married the mother after the birth of the child and prior to the filing of the petition to adopt, and unless prior to the interlocutory hearing of the adoption proceedings, he has acknowledged the child as his own by affirmatively asserting paternity as provided in this section or registered as a putative father under W.S. 1-22-117. (e) Based upon its determination and findings after a hearing, the court may enter its order or decree in accordance with W.S. 1-22-111.

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1-22-109. Consent to adoption.

(a) A written relinquishment of custody of the child to be adopted and written consent to adoption shall be filed with the petition to adopt and shall be signed by: (i) Both parents, if living; or (ii) The surviving parent; or (iii) The mother and putative father of the child if the name of the putative father is known; or (iv) The mother alone if she does not know the name of the putative father, in which case she shall sign and file an affidavit so stating and the court shall determine whether the putative father has registered under W.S. 1-22-117 and if so, shall require notice to be given to the putative father; or (v) The legal guardian of the person of the child if neither parent is living or if parental rights have been judicially terminated; or (vi) The executive head of the agency to whom the child has been relinquished for adoption; or (vii) The person having exclusive legal custody of the child by court order; or (viii) The legally appointed guardian of any parent or putative father who has been adjudged mentally incompetent. (b) If the child to be adopted is over the age of fourteen (14) years his written consent to adoption shall also be filed with the petition to adopt. (c) The consent to adoption shall be signed any time after the birth of the child. The consent shall be acknowledged or may be approved in the following manner: (i) The consent shall be acknowledged by a: (A) Person authorized to take acknowledgments; (B) Representative of the department of family services; or (C) Representative of a certified agency to whom the custody of the child is being relinquished for adoption. (ii) If not acknowledged as provided in paragraph (i) of this subsection, the consent to adoption may be approved by the court after: (A) The person giving the consent has appeared before the court in an informal hearing in court chambers; and (B) The court finds that the consent is knowingly and voluntarily given. (d) Consent to adoption and the relinquishment of a child for adoption are irrevocable unless obtained by fraud or duress, except that if the court should deny the adoption on account of a claim or objection of the putative father of the child, the court may also allow the mother of the child to withdraw her consent and relinquishment. The consent or relinquishment by a parent who is a minor is valid and may not be revoked solely because of minority. (e) The consent to adoption and the relinquishment of custody of a child for adoption may be contained in a single instrument.

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1-22-110. When adoption permitted without consent.

(a) In addition to the exceptions contained in W.S. 1-22-108, the adoption of a child may be ordered without the written consent of a parent or the putative father if the court finds that the nonconsenting parent or putative father is unknown and that the putative father has not registered under W.S. 1-22-117 and the affidavit required by W.S. 1-22-109(a)(iv) has been filed with the petition to adopt or if the court finds that the putative father or the nonconsenting parent or parents have: (i) Been given notice of the hearing as provided in W.S. 1-22-107 and has failed to answer or appear at the hearing; or (ii) Been judicially deprived of parental rights of the child for any reason; or (iii) Willfully abandoned or deserted the child; or (iv) Willfully failed to contribute to the support of the child for a period of one (1) year immediately prior to the filing of the petition to adopt and has failed to bring the support obligation current within sixty (60) days after service of the petition to adopt; or (v) Willfully permitted the child to be maintained in or by a public or private institution or by the department of family services for a period of one (1) year immediately prior to the filing of the petition without substantially contributing to the support of the child; or (vi) Failed, within thirty (30) days after receiving notice of the pending birth or birth of the child, to advise or notify the agency which gave the putative father the notice of pending birth or birth of his interest in or responsibility for the child or his declaration of paternity; or (vii) Been adjudged by a court to be guilty of cruelty, abuse, neglect or mistreatment of the child; or (viii) Caused the conception of the child born out of wedlock as a result of sexual assault or incest for which he has been convicted; or (ix) Willfully failed to pay a total dollar amount of at least seventy percent (70%) of the court ordered support for a period of two (2) years or more and has failed to bring the support obligation one hundred percent (100%) current within sixty (60) days after service of the petition to adopt. (b) Any petition filed pursuant to paragraphs (a)(iv) or (ix) of this section shall contain a clear statement of the consequences of the respondent's failure to bring the support obligation current.

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1-22-111. Decree; investigation; denial of adoption.

(a) After the petition to adopt has been filed and a hearing held the court acting in the best interest and welfare of the child may make any of the following orders: (i) Enter an interlocutory decree of adoption giving the care and custody of the child to the petitioners pending further order of the court; (ii) Defer entry of an interlocutory decree of adoption and order the department of family services or a private licensed agency to investigate and report to the court the background of the child and of the petitioners, and the medical, social and psychological background and status of the consenting parent and putative father. After a written report of the investigation is filed, the court shall determine if the adoption by petitioners is in the best interest and welfare of the child and thereupon enter the appropriate order or decree; (iii) Enter a final decree of adoption if the child has resided in the home of the petitioner for six (6) months; or (iv) Deny the adoption if the court finds that the best interests and welfare of the child will be served by such denial. (b) If the court denies the adoption it shall make an order for proper custody consistent with the best interest and welfare of the child.

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1-22-112. Application for final decree.

(a) If an interlocutory decree has been entered petitioners may apply for a final decree of adoption after the child has resided in the home of the petitioners for six (6) months and a hearing on the petition may be required. (b) If an interlocutory decree has not been entered a hearing on the petition for a final decree of adoption shall be set as provided in W.S. 1-22-106, notice thereof shall be given as provided in W.S. 1-22-107 and a final hearing shall be had on the petition.

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1-22-113. Petition for adoption of an adult; consent required.

When a petition to adopt an adult is filed a copy of the petition together with a summons issued as in other civil actions shall be served on the adult. If the adult objects to adoption by the petitioner the petition shall be dismissed. When the consent of the adult is given, the petition shall be granted and a final decree of adoption made and entered. The decree may change the name of the adopted person.

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