Juveniles

Wyo. Stat. Ann. tit. 14, ch. 6

in effect

Wyo. Stat. Ann. § 14-6-101 Repealed by Laws 2004, Ch. 91, §2.

Wyo. Stat. Ann. § 14-6-102 Interstate Compact for Juveniles; compact provisions generally.

ARTICLE I PURPOSE (a) The compacting states to this interstate compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents and status offenders who are on probation or parole and who have absconded, escaped or run away from supervision and control and in so doing have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime. (b) It is the purpose of this compact, through means of joint and cooperative action among the compacting states to: (i) Ensure that the adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state; (ii) Ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected; (iii) Return juveniles who have run away, absconded or escaped from supervision or control or have been accused of an offense to the state requesting their return; (iv) Make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services; (v) Provide for the effective tracking and supervision of juveniles; (vi) Equitably allocate the costs, benefits and obligations of the compacting states; (vii) Establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency which has jurisdiction over juvenile offenders; (viii) Insure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; (ix) Establish procedures to resolve pending charges (detainers) against juvenile offenders prior to transfer or release to the community under the terms of this compact; (x) Establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of compact activities to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators; (xi) Monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct noncompliance; (xii) Coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and (xiii) Coordinate the implementation and operation of the compact with the Interstate Compact for the Placement of Children, the Interstate Compact for Adult Offender Supervision and other compacts affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise. It is the policy of the compacting states that the activities conducted by the interstate commission created herein are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact. ARTICLE II DEFINITIONS (a) As used in this compact, unless the context clearly requires a different construction: (i) "Bylaws" means those bylaws established by the interstate commission for its governance, or for directing or controlling its actions or conduct; (ii) "Compact administrator" means the individual in each compacting state appointed pursuant to the terms of this compact, responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact; (iii) "Compacting state" means any state which has enacted the enabling legislation for this compact; (iv) "Commissioner" means the voting representative of each compacting state appointed pursuant to article III of this compact; (v) "Court" means any court having jurisdiction over delinquent, neglected or dependent children; (vi) "Deputy compact administrator" means the individual, if any, in each compacting state appointed to act on behalf of a compact administrator pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact; (vii) "Interstate commission" means the Interstate Commission for Juveniles created by article III of this compact; (viii) "Juvenile" means any person defined as a juvenile in any member state or by the rules of the interstate commission, including: (A) Accused delinquent – a person charged with an offense that, if committed by an adult, would be a criminal offense; (B) Adjudicated delinquent – a person found to have committed an offense that, if committed by an adult, would be a criminal offense; (C) Accused status offender – a person charged with an offense that would not be a criminal offense if committed by an adult; (D) Adjudicated status offender - a person found to have committed an offense that would not be a criminal offense if committed by an adult; and (E) Nonoffender – a person in need of supervision who has not been accused or adjudicated a status offender or delinquent. (ix) "Noncompacting state" means any state which has not enacted the enabling legislation for this compact; (x) "Probation or parole" means any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states; (xi) "Rule" means a written statement by the interstate commission promulgated pursuant to article VI of this compact that is of general applicability, implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural or practice requirement of the commission, and has the force and effect of statutory law in a compacting state, and includes the amendment, repeal or suspension of an existing rule; (xii) "State" means a state of the United States, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa and the Northern Mariana Islands. ARTICLE III INTERSTATE COMMISSION FOR JUVENILES (a) The compacting states hereby create the Interstate Commission for Juveniles. The commission shall be a body corporate and joint agency of the compacting states. The commission shall have all the responsibilities, powers and duties set forth herein, and any additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact. (b) The interstate commission shall consist of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the state council for interstate juvenile supervision created hereunder. The commissioner shall be the compact administrator, deputy compact administrator or designee from that state who shall serve on the interstate commission in that capacity under or pursuant to the applicable law of the compacting state. (c) In addition to the commissioners who are the voting representatives of each state, the interstate commission shall include individuals who are not commissioners, but who are members of interested organizations. The noncommissioner members shall include a member of the national organizations of governors, legislators, state chief justices, attorneys general, Interstate Compact for Adult Offender Supervision, Interstate Compact for the Placement of Children, juvenile justice and juvenile corrections officials and crime victims. All noncommissioner members of the interstate commission shall be nonvoting ex officio members. The interstate commission may provide in its bylaws for additional nonvoting ex officio members, including members of other national organizations, in numbers as shall be determined by the commission. (d) Each compacting state represented at any meeting of the commission is entitled to one (1) vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission. (e) The commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public. (f) The interstate commission shall establish an executive committee, which shall include commission officers, members and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rulemaking and amendment to the compact. The executive committee shall: (i) Oversee the day-to-day activities of the administration of the compact managed by an executive director and interstate commission staff; (ii) Administer enforcement and compliance with the provisions of the compact, its bylaws and rules; and (iii) Perform other duties as directed by the interstate commission or set forth in the bylaws. (g) Each member of the interstate commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission. A member shall vote in person and shall not delegate a vote to another compacting state. However, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. (h) The interstate commission's bylaws shall establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. (j) Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission and any of its committees may close a meeting to the public where it determines by two-thirds (2/3) vote that an open meeting would be likely to: (i) Relate solely to the interstate commission's internal personnel practices and procedures; (ii) Disclose matters specifically exempted from disclosure by statute; (iii) Disclose trade secrets or commercial or financial information which is privileged or confidential; (iv) Involve accusing any person of a crime, or formally censuring any person; (v) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (vi) Disclose investigative records compiled for law enforcement purposes; (vii) Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the interstate commission with respect to a regulated person or entity for the purpose of regulation or supervision of the person or entity; (viii) Disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or (ix) Specifically relate to the interstate commission's issuance of a subpoena, or its participation in a civil action or other legal proceeding. (k) For every meeting closed pursuant to this provision, the interstate commission's legal counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The interstate commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefore, including a description of each of the views expressed on any item and the record of any roll call vote, reflected in the vote of each member on the question. All documents considered in connection with any action shall be identified in the minutes. (m) The interstate commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. The methods of data collection, exchange and reporting shall insofar as is reasonably possible conform to up-to-date technology and coordinate its information functions with the appropriate repository of records. ARTICLE IV POWERS AND DUTIES OF THE INTERSTATE COMMISSION (a) The commission shall have the following powers and duties: (i) To provide for dispute resolution among compacting states; (ii) To promulgate rules to effect the purposes and obligations as enumerated in this compact, which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact; (iii) To oversee, supervise and coordinate the interstate movement of juveniles subject to the terms of this compact and any bylaws adopted and rules promulgated by the interstate commission; (iv) To enforce compliance with the compact provisions, the rules promulgated by the interstate commission and the bylaws, using all necessary and proper means, including but not limited to, the use of judicial process; (v) To establish and maintain offices which shall be located within one (1) or more of the compacting states; (vi) To purchase and maintain insurance and bonds; (vii) To borrow, accept, hire or contract for services of personnel; (viii) To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by article III which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties hereunder; (ix) To elect or appoint officers, attorneys, employees, agents or consultants, and to fix their compensation, define their duties and determine their qualifications and to establish the interstate commission's personnel policies and programs relating to, inter alia, conflicts of interest, rates of compensation and qualifications of personnel; (x) To accept any and all donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of it; (xi) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any real, personal or mixed property; (xii) To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any real, personal or mixed property; (xiii) To establish a budget and make expenditures and levy dues as provided in article VIII of this compact; (xiv) To sue and be sued; (xv) To adopt a seal and bylaws governing the management and operation of the interstate commission; (xvi) To perform functions as may be necessary or appropriate to achieve the purposes of this compact; (xvii) To report annually to the legislatures, governors, judiciary and state councils of the compacting states concerning the activities of the interstate commission during the preceding year. The reports shall also include any recommendations that may have been adopted by the interstate commission; (xviii) To coordinate education, training and public awareness regarding the interstate movement of juveniles for officials involved in those activities; (xix) To establish uniform standards of the reporting, collecting and exchanging of data; (xx) The interstate commission shall maintain its corporate books and records in accordance with the bylaws. ARTICLE V ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION Section A. Bylaws (a) The interstate commission shall, by a majority of the members present and voting, within twelve (12) months after the first interstate commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to: (i) Establishing the fiscal year of the interstate commission; (ii) Establishing an executive committee and other committees as may be necessary; (iii) Provide for the establishment of committees governing any general or specific delegation of any authority or function of the interstate commission; (iv) Providing reasonable procedures for calling and conducting meetings of the interstate commission and ensuring reasonable notice of each meeting; (v) Establishing the titles and responsibilities of the officers of the interstate commission; (vi) Providing a mechanism for concluding the operations of the interstate commission and the return of any surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations; (vii) Providing "start-up" rules for initial administration of the compact; and (viii) Establishing standards and procedures for compliance and technical assistance in carrying out the compact. Section B. Officers and Staff (a) The interstate commission shall, by a majority of the members, elect annually from among its members a chairperson and a vice chairperson, each of whom shall have authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice-chairperson shall preside at all meetings of the interstate commission. The elected officers shall serve without compensation or remuneration from the interstate commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission. (b) The interstate commission shall, through its executive committee, appoint or retain an executive director for a designated period, upon terms and conditions and for compensation as the interstate commission may deem appropriate. The executive director shall serve as secretary to the interstate commission, but shall not be a member and shall hire and supervise other staff as may be authorized by the interstate commission. Section C. Qualified Immunity, Defense and Indemnification (a) The commission's executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, any actual or alleged act, error or omission that occurred, or that the person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that the person shall not be protected from suit or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of the person. (b) The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of the person's employment or duties for acts, errors or omissions occurring within the person's state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees and agents. Nothing in this subsection shall be construed to protect any person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of the person. (c) The interstate commission shall defend the executive director or the employees or representatives of the interstate commission and, subject to the approval of the attorney general of the state represented by any commissioner of a compacting state, shall defend the commissioner or the commissioner's representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of the person. (d) The interstate commission shall indemnify and hold the commissioner of a compacting state, or the commissioner's representatives or employees, or the interstate commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against those persons arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that those persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of those persons. ARTICLE VI RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION (a) The interstate commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact. (b) Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. The rulemaking shall substantially conform to the principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or another administrative procedures act, as the interstate commission deems appropriate consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the United States Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the commission. (c) When promulgating a rule, the interstate commission shall, at a minimum: (i) Publish the proposed rule's entire text stating the reason for that proposed rule; (ii) Allow and invite any person to submit written data, facts, opinions and arguments, which information shall be added to the record and be made publicly available; (iii) Provide an opportunity for an informal hearing if petitioned by ten (10) or more persons; and (iv) Promulgate a final rule and its effective date, if appropriate, based on input from state or local officials or interested parties. (d) Allow, not later than sixty (60) days after a rule is promulgated, any interested person to file a petition in the United States district court for the District of Columbia or in the federal district court where the interstate commission's principal office is located for judicial review of the rule. If the court finds that the interstate commission's action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedures Act. (e) If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that the rule shall have no further force and effect in any compacting state. (f) The existing rules governing the operation of the Interstate Compact on Juveniles superceded by this act shall be null and void twelve (12) months after the first meeting of the interstate commission created hereunder. (g) Upon determination by the interstate commission that a state-of-emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to the rule as soon as reasonably possible, but no later than ninety (90) days after the effective date of the emergency rule. ARTICLE VII OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION Section A. Oversight (a) The interstate commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor the activities being administered in noncompacting states which may significantly affect compacting states. (b) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall be received by all the judges, public officers, commissions and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the interstate commission, it shall be entitled to receive all service of process in the proceeding, and shall have standing to intervene in the proceeding for all purposes. Section B. Dispute Resolution (a) The compacting states shall report to the interstate commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its bylaws and rules. (b) The interstate commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and between compacting and noncompacting states. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states. (c) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in article XI of this compact. ARTICLE VIII FINANCE (a) The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities. (b) The interstate commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff which shall be in a total amount sufficient to cover the interstate commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state and shall promulgate a rule binding upon all compacting states which governs the assessment. (c) The interstate commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the interstate commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state. (d) The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission. ARTICLE IX THE STATE COUNCIL Each member state shall create a state council for interstate juvenile supervision. While each state may determine the membership of its own state council, its membership shall consist of one (1) member of the legislature appointed on an alternating basis by the president of the senate and the speaker of the house, with the president appointing the first member. The board of judicial policy and administration shall appoint one (1) member. There shall be one (1) representative of the victim services division of the attorney general's office and two (2) members from the executive branch appointed by the governor one (1) of whom shall be designated as the commissioner. The appointments shall be made for two (2) year terms beginning on the enactment of the Interstate Compact for Juveniles into law by the thirty-fifth jurisdiction or July 1, 2004, whichever date occurs later. The department of family services shall provide support for the council and expenses as provided for in W.S. 9-3-102 and 9-3-103. The state council shall appoint the compact administrator and may appoint a deputy compact administrator who shall be members of the council and whose terms shall be concurrent with the council members. Each compacting state retains the right to determine the qualifications of the compact administrator or deputy compact administrator. Each state council will advise and may exercise oversight and advocacy concerning that state's participation in interstate commission activities and other duties as may be determined by that state, including but not limited to, development of policy concerning operations and procedures of the compact within that state. ARTICLE X COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT (a) Any state, the District of Columbia, or its designee, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa and the Northern Mariana Islands as defined in article II of this compact is eligible to become a compacting state. (b) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five (35) of the states. The initial effective date shall be the later of July 1, 2004 or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in the activities of the interstate commission on a nonvoting basis prior to adoption of the compact by all states and territories of the United States. (c) The interstate commission may propose amendments to the compact for enactment by the compacting states. No amendment shall become effective and binding upon the interstate commission and the compacting states until it is enacted into law by unanimous consent of the compacting states. ARTICLE XI WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT Section A. Withdrawal (a) Once effective, the compact shall continue in force and remain binding upon each compacting state, provided that a compacting state may withdraw from the compact by specifically repealing the statute which enacted the compact into law. (b) The effective date of withdrawal is the effective date of the repeal. (c) The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty (60) days of its receipt thereof. (d) The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal. (e) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon a later date as determined by the interstate commission. Section B. Technical Assistance, Fines, Suspension, Termination and Default (a) If the interstate commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, or the bylaws or duly promulgated rules, the interstate commission may impose any or all of the following penalties: (i) Remedial training and technical assistance as directed by the interstate commission; (ii) Alternative dispute resolution; (iii) Fines, fees and costs in amounts as are deemed to be reasonable as fixed by the interstate commission; and (iv) Suspension or termination of membership in the compact, which shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted and the interstate commission has therefore determined that the offending state is in default. Immediate notice of suspension shall be given by the interstate commission to the governor, the chief justice or the chief judicial officer of the state, the majority and minority leaders of the defaulting state's legislature and the state council. The grounds for default include, but are not limited to, failure of a compacting state to perform the obligations or responsibilities imposed upon it by this compact, the bylaws or duly promulgated rules and any other grounds designated in commission bylaws and rules. The interstate commission shall immediately notify the defaulting state in writing of the penalty imposed by the interstate commission and of the default pending a cure of the default. The commission shall stipulate the conditions and the time period within which the defaulting state shall cure its default. If the defaulting state fails to cure the default within the time period specified by the commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination. (b) Within sixty (60) days of the effective date of termination of a defaulting state, the commission shall notify the governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state's legislature and the state council of the termination. (c) The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination. (d) The interstate commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the interstate commission and the defaulting state. (e) Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the interstate commission pursuant to the rules. Section C. Judicial Enforcement The interstate commission may, by majority vote of the members, initiate legal action in the United States district court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its offices, to enforce compliance with the provisions of the compact, its duly promulgated rules and bylaws, against any compacting state in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of the litigation, including reasonable attorneys fees. Section D. Dissolution of Compact (a) The compact dissolves effective upon the date of the withdrawal or default of the compacting states, which reduces membership in the compact to one (1) compacting state. (b) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be concluded and any surplus funds shall be distributed in accordance with the bylaws. ARTICLE XII SEVERABILITY AND CONSTRUCTION (a) The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable. (b) The provisions of this compact shall be liberally construed to effectuate its purposes. ARTICLE XIII BINDING EFFECT OF COMPACT AND OTHER LAWS Section A. Other Laws (a) Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact. (b) All compacting states' laws other than state constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict. Section B. Binding Effect of the Compact (a) All lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission, are binding upon the compacting states. (b) All agreements between the interstate commission and the compacting states are binding in accordance with their terms. (c) Upon the request of a party to a conflict over meaning or interpretation of interstate commission actions, and upon a majority vote of the compacting states, the interstate commission may issue advisory opinions regarding the meaning or interpretation. (d) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by the provision upon the interstate commission shall be ineffective and the obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which the obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.

Wyo. Stat. Ann. § 14-6-201 Definitions; short title; statement of purpose and interpretation.

(a) As used in this act: (i) "Adjudication" means a finding by the court or the jury, incorporated in a decree, as to the truth of the facts alleged in the petition; (ii) "Adult" means an individual who has attained the age of majority; (iii) "Child" means an individual who is under the age of majority; (iv) Repealed By Laws 1997, ch. 199, § 3. (v) "Clerk" means the clerk of a district court acting as the clerk of a juvenile court; (vi) "Commissioner" means a district court commissioner; (vii) "Court" means the juvenile court established by W.S. 5-8-101; (viii) "Custodian" means a person, institution or agency responsible for the child's welfare and having legal custody of a child by court order or having actual physical custody and control of a child and acting in loco parentis; (ix) "Delinquent act" means an act punishable as a criminal offense by the laws of this state or any political subdivision thereof, or contempt of court under W.S. 14-6-242, or an act violating the terms and conditions of any court order which resulted from the criminal conviction of any child but does not include a status offense; (x) "Delinquent child" means a child who has committed a delinquent act; (xi) "Deprivation of custody" means transfer of legal custody by the court from a parent or previous legal custodian to another person, agency, organization or institution; (xii) "Detention" means the temporary care of a child in physically restricting facilities pending court disposition or the execution of a court order to place or commit a child to a juvenile detention facility; (xiii) "Judge" means the judge of the juvenile court; (xiv) "Legal custody" means as defined in W.S. 14-3-402(a)(x); (xv) "Minor" means an individual who is under the age of majority; (xvi) Repealed By Laws 1997, ch. 199, § 3. (xvii) "Parent" means either a natural or adoptive parent of the child, a person adjudged the parent of the child in judicial proceedings or a man presumed to be the father under W.S. 14-2-504; (xviii) "Parties" include the child, his parents, guardian or custodian, the state of Wyoming and any other person made a party by an order to appear, or named by the juvenile court; (xix) "Probation" means a legal status created by court order following an adjudication of delinquency or of a status offense where a child is permitted to remain in his home subject to supervision by a city or county probation officer, the department or other qualified private organization the court may designate. A child is subject to return to the court for violation of the terms or conditions of probation provided for in the court order; (xx) Repealed By Laws 1997, ch. 199, § 3. (xxi) "Residual parental rights and duties" means those rights and duties remaining with the parents after 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. (xxii) "Shelter care" means the temporary care of a child in physically unrestricting facilities pending court disposition or execution of a court order for placement or commitment; (xxiii) "Status offense" means an offense which, if committed by an adult, would not constitute an act punishable as a criminal offense by the laws of this state or a violation of a municipal ordinance, but does not include a violation of W.S. 12-6-101(b) or (c) or any similar municipal ordinance; (xxiv) "Juvenile detention facility" means any facility which may legally and physically restrict and house a child, other than the Wyoming boys' school, the Wyoming girls' school, the Wyoming state hospital or other private or public psychiatric facility within the state of Wyoming. "Juvenile detention facility" does not include any residential treatment facility which is operated for the primary purpose of providing treatment to a child. A juvenile detention facility may be housed within an adult jail or correction facility if the facility otherwise meets the requirements of state law; (xxv) "Department" means the Wyoming department of family services; (xxvi) "Another planned permanent living arrangement" means a permanency plan for youth sixteen (16) years of age or older other than reunification, adoption, legal guardianship or placement with a fit and willing relative; (xxvii) "Qualified individual" means a person who meets the requirements of 42 U.S.C. § 675a(c)(1)(D); (xxviii) "Qualified residential treatment program" means a program that meets the requirements of 42 U.S.C. § 672(k)(4); (xxix) "This act" means W.S. 14-6-201 through 14-6-252. (b) This act shall be known and may be cited as the "Juvenile Justice Act". (c) This act shall be construed to effectuate the following public purposes: (i) To provide for the best interests of the child and the protection of the public and public safety; (ii) Consistent with the best interests of the child and the protection of the public and public safety: (A) To promote the concept of punishment for criminal acts while recognizing and distinguishing the behavior of children who have been victimized or have disabilities, such as serious mental illness that requires treatment or children with a cognitive impairment that requires services; (B) To remove, where appropriate, the taint of criminality from children committing certain unlawful acts; and (C) To provide treatment, training and rehabilitation that emphasizes the accountability and responsibility of both the parent and the child for the child's conduct, reduces recidivism and helps children to become functioning and contributing adults. (iii) To provide for the care, the protection and the wholesome moral, mental and physical development of children within the community whenever possible using the least restrictive and most appropriate interventions; (iv) To be flexible and innovative and encourage coordination at the community level to reduce the commission of unlawful acts by children; (v) To achieve the foregoing purposes in a family environment whenever possible, separating the child from the child's parents only when necessary for the child's welfare or in the interest of public safety and when a child is removed from the child's family, to ensure that individual needs will control placement and provide the child the care that should be provided by parents; and (vi) To provide a simple judicial procedure through which the provisions of this act are executed and enforced and in which the parties are assured a fair and timely hearing and their constitutional and other legal rights recognized and enforced. (d) Repealed by Laws 2024, ch. 52, § 2.

Wyo. Stat. Ann. § 14-6-202 Repealed By Laws 1997, ch. 199, § 3.

Wyo. Stat. Ann. § 14-6-203 Jurisdiction; confidentiality of records.

(a) Repealed By Laws 1997, ch. 199, § 3. (b) Coincident with proceedings concerning a minor alleged to be delinquent, the court has jurisdiction to: (i) Determine questions concerning the right to legal custody of the minor; (ii) Order any party to the proceedings to perform any acts, duties and responsibilities the court deems necessary; or (iii) Order any party to the proceedings to refrain from any act or conduct the court deems detrimental to the best interest and welfare of the minor or essential to the enforcement of any lawful order of disposition of the minor made by the court. (c) Except as provided in subsection (d) of this section, the juvenile court has concurrent jurisdiction in all cases, other than status offenses, in which: (i) A minor is alleged to have committed a criminal offense or to have violated a municipal ordinance; (ii) An adult who is under the age of twenty-one (21) is alleged to have committed a criminal offense or to have violated a municipal ordinance while the adult was a minor. (d) The juvenile court has exclusive jurisdiction in all cases, other than status offenses, in which a minor who has not attained the age of thirteen (13) years is alleged to have committed a felony or a misdemeanor punishable by imprisonment for more than six (6) months. (e) Except as provided in subsection (f) of this section, all cases over which the juvenile court has concurrent jurisdiction shall be originally commenced in the juvenile court but may thereafter be transferred to another court having jurisdiction pursuant to W.S. 14-6-237. (f) The district attorney shall establish objective criteria, screening and assessment procedures for determining the court for appropriate disposition in cooperation and coordination with each municipality in the jurisdiction of the district court. The district attorney shall serve as the single point of entry for all minors alleged to have committed a crime. Except as otherwise provided in this section, copies of all charging documents, reports or citations for cases provided in this subsection shall be forwarded to the district attorney prior to the filing of the charge, report or citation in municipal or city court. The following cases, excluding status offenses, may be originally commenced either in the juvenile court or in the district court or inferior court having jurisdiction: (i) Violations of municipal ordinances, except that if a juvenile is sentenced in a municipal court to a sentence exceeding ten (10) days of jail or detention, the municipal court shall provide to the district attorney in the juvenile's county of residency and the department of education a copy of the judgment and sentence; (ii) All misdemeanors except: (A) Those cases within the exclusive jurisdiction of the juvenile court; and (B) If a juvenile is sentenced in a municipal or circuit court to a sentence exceeding ten (10) days of jail or detention, the municipal or circuit court shall provide to the district attorney in the juvenile's county of residency and the department of education a copy of the judgment and sentence. (iii) Felony cases in which the minor has attained the age of seventeen (17) years. The prosecuting attorney shall consider those determinative factors set forth in W.S. 14-6-237(b)(i) through (vii) prior to commencing an action in the district court under this paragraph; (iv) Cases in which the minor has attained the age of fourteen (14) years and is charged with a violent felony as defined by W.S. 6-1-104(a)(xii); (v) Cases in which a minor who has attained the age of fourteen (14) years is charged with a felony and has previously been adjudicated as a delinquent under two (2) separately filed juvenile petitions for acts which if committed by an adult constitute felonies. (g) Except as provided by subsection (j) of this section, all information, reports or records made, received or kept by any municipal, county or state officer or employee evidencing any legal or administrative process or disposition resulting from a minor's misconduct are confidential and subject to the provisions of this act. The existence of the information, reports or records or contents thereof shall not be disclosed by any person unless: (i) Disclosure results from an action brought or authorized by the district attorney in a court of public record; (ii) The person the records concern is under eighteen (18) years of age and, in conjunction with one (1) of his parents or with the ratification of the court, authorizes the disclosure; (iii) The person the records concern is eighteen (18) years of age or older and authorizes the disclosure; (iv) The disclosure results from the information being shared with or between designated employees of any court, any law enforcement agency, any prosecutor's office, any employee of the victim services division within the office of the attorney general, any probation office or any employee of the department of family services or the minor's past or present school district who has been designated to share the information by the department of family services or by the school district or anyone else designated by the district attorney in determining the appropriate court pursuant to a single point of entry assessment under this section; (v) The disclosure is made to a victim of a delinquent act constituting a felony, in accordance with W.S. 14-6-501 through 14-6-509; (vi) The disclosure is authorized by W.S. 14-6-604; or (vii) The disclosure is made to an administrative employee or member of the board of trustees of the minor's school district, authorized by the court to receive the information, for purposes of the suspension or expulsion of the minor pursuant to W.S. 21-4-305(c)(ii), provided: (A) The court finds that the court action involves matters which are relevant to the suspension or expulsion of the minor pursuant to W.S. 21-4-305(e). Only materials and evidence relevant to the minor's potential suspension or expulsion shall be disclosed to an administrative employee or member of the board of trustees of the minor's school district; and (B) The school district administrative employees or board of trustee members authorized to receive the minor's confidential information shall only disclose the information: (I) To other members of the board of trustees or the superintendent for purposes of W.S. 21-4-305(c)(ii); and (II) To the minor and his parents, legal guardians, attorneys or guardian ad litem. (h) Nothing contained in this act is construed to deprive the district court of jurisdiction to determine questions of custody, parental rights, guardianship or any other questions involving minors, when the questions are the subject of or incidental to suits or actions commenced in or transferred to the district court as provided by law. (j) Nothing contained in this act shall be construed to require confidentiality of any matter, legal record, identity or disposition pertaining to a minor charged or processed through any municipal or circuit court.

Wyo. Stat. Ann. § 14-6-204 Venue; change of venue or judge.

Proceedings under this act may be commenced in the county where the child is living or is present when the proceedings are commenced or in the county where the alleged delinquent act occurred. Change of venue or change of judge may be had under the circumstances and upon the terms and conditions provided by law in a civil action in the district court.

Wyo. Stat. Ann. § 14-6-205 Taking of child into custody; when permitted.

(a) A child may be taken into custody by a law enforcement officer without a warrant or court order when: (i) The circumstances would permit an arrest without a warrant under W.S. 7-2-102; (ii) There are reasonable grounds to believe the child has violated the terms of an order of the juvenile court issued pursuant to this act; or (iii) Repealed By Laws 1997, ch. 199, § 3. (iv) The child's conduct or behavior seriously endangers himself or the person or property of others and immediate custody appears necessary. (v) Repealed By Laws 1997, ch. 199, § 3.

Wyo. Stat. Ann. § 14-6-206 Child in custody; no detention without court order; exceptions; notice to parent or guardian; release.

(a) In accordance with procedures specified in W.S. 7-1-108(c) and (d), a child taken into custody shall not be held in detention or placed in shelter care without a court order unless detention or shelter care is required to: (i) Repealed By Laws 1997, ch. 199, § 3. (ii) Protect the person or property of others; (iii) Prevent the child from absconding or being removed from the jurisdiction of the court; or (iv) Provide the child having no parent, guardian, custodian or other responsible adult with supervision and care and return him to the court when required. (b) Any person taking a child into custody shall as soon as possible notify the child's parent, guardian or custodian. Unless the child's detention or shelter care is authorized by a court order issued pursuant to this act or required for one (1) of the reasons in subsection (a) of this section, the child shall be released to the care of his parent, guardian, custodian or other responsible adult upon that person's written promise to present the child before the court upon request. (c) After issuing any citation to a child for a violation of a state or federal law or a municipal ordinance for which incarceration or a fine may be imposed, the law enforcement agency issuing the citation or its designee shall take reasonable actions to notify the child's parent, guardian or custodian.

Wyo. Stat. Ann. § 14-6-207 Detention or shelter care; delivery of child pending hearing; placing children; separate detention; notice if no court order.

Wyo. Stat. Ann. § 14-6-208 Notice of detention to be given district attorney; written statement required; duty of district attorney.

(a) When a child is taken into custody without a court order and is placed in detention or shelter care, the person taking custody of the child shall notify the district attorney without delay. Also the person shall as soon as possible file a brief written statement with the district attorney setting forth the facts which led to taking the child into custody and the reason why the child was not released. (b) Upon receiving notice that a child is being held in detention or shelter care, the district attorney shall immediately review the need for detention or shelter care and may order the child released unless he determines detention or shelter care is necessary under the provisions of W.S. 14-6-206(a) or unless ordered by the court.

Wyo. Stat. Ann. § 14-6-209 Taking of child into custody; informal hearing where no court order; conditional release; evidence; rehearing.

(a) When a child is placed in detention or shelter care without a court order, a petition as provided in W.S. 14-6-212 shall be promptly filed and presented to the court. An informal detention or shelter care hearing shall be held as soon as reasonably possible not later than forty-eight (48) hours, excluding weekends and legal holidays, after the child is taken into custody to determine if further detention or shelter care is required pending further court action. The child shall be interviewed by the department or its designee prior to the detention or shelter care hearing, but in no event later than twenty-four (24) hours, excluding weekends and legal holidays, after the child is taken into custody. The department or its designee shall submit a written report of the interview to the court, including an assessment of the immediate needs of the child and a recommendation for the most appropriate placement for the child pending disposition of the violation. Written notice stating the time, place and purpose of the hearing shall be given to the child and to his parents, guardian or custodian. (b) At the commencement of the hearing the judge shall advise the child and his parents, guardian or custodian of: (i) The contents of the petition and the nature of the charges or allegations contained therein; (ii) Their right to counsel as provided in W.S. 14-6-222; (iii) The child's right to remain silent with respect to any allegations of a delinquent act; (iv) The right to confront and cross-examine witnesses or to present witnesses and evidence in their own behalf and the right to issuance of process by the court to compel the appearance of witnesses and the production of evidence; (v) The right to a jury trial as provided in W.S. 14-6-223; (vi) The right to appeal as provided in W.S. 14-6-233; and (vii) All other rights afforded a criminal defendant. (c) The child shall be given an opportunity to admit or deny the allegations in the petition. If the allegations are admitted, the court shall make the appropriate adjudication and may proceed immediately to a disposition of the case, provided the court has the predisposition report and multidisciplinary team recommendations, in accordance with the provisions of W.S. 14-6-229, except that a commissioner acting in the absence or incapacity of the judge may take testimony to establish a factual basis and accept an admission and perform all other requirements of the initial hearing but shall not proceed to disposition. If denied, the court shall set a time not to exceed sixty (60) days for an adjudicatory hearing or a transfer hearing, unless the court finds good cause to delay or postpone the hearing. In no case shall the court hold the adjudicatory hearing more than ninety (90) days after the date the petition is filed. (d) Regardless of whether the allegations in the petition are admitted or denied, the court shall determine whether or not the child's full-time detention or shelter care is required pending further proceedings. If the court finds that returning the child to the home is contrary to the welfare of the child, the court shall enter the finding on the record and order the child placed in the legal custody of the department. The court shall explain the terms of the court order to the child, his parents or legal guardian and any other person the court deems necessary. If the court finds that full-time detention or shelter care is not required, the court shall order the child released and may impose one (1) or more of the following conditions: (i) Place the child in the custody and supervision of his parents, guardian or custodian, under the protective supervision of the department or a county or state probation officer or under the supervision of any individual or organization approved by the court that agrees to supervise the child; (ii) Place restrictions on the child's travel, associates, activities or place of abode during the period of his release, including a requirement that the child return to the physical custody of his parents, guardian or custodian at specified hours; or (iii) Impose any other terms and conditions of release deemed reasonably necessary to assure the appearance of the child at subsequent proceedings. (e) All relevant and material evidence helpful in determining the need for detention or shelter care may be admitted by the court even though not competent in an adjudicatory hearing on the allegations of the petition. (f) If a child is not released after a detention or shelter care hearing and it appears by sworn statement of the parents, guardian or custodian that they did not receive notice and did not waive notice and appearance at the hearing, the court shall rehear the matter without delay.

Wyo. Stat. Ann. § 14-6-210 Hearing conducted by commissioner; authority and duty; review by court.

(a) In the absence or incapacity of the judge, the detention or shelter care hearing may be conducted by a district court commissioner of the county in which the child is being detained or held in shelter care. (b) The commissioner may make any order concerning the child's release, continued detention or shelter care as authorized to the judge under W.S. 14-6-209. If the child is not released after the hearing, the commissioner shall promptly file with the court a complete written resume of the evidence adduced at the hearing and his reasons for not releasing the child. The commissioner shall conduct the hearing pursuant to W.S. 14-6-209 except that, if a child who has been advised of his rights wishes to admit the allegations, the commissioner may take testimony to establish a factual basis and accept the admission and perform all other requirements of the initial hearing but shall not proceed to disposition. The hearing shall be conducted in the presence of counsel and guardian ad litem, if so appointed. The commissioner may also appoint counsel, appoint a guardian ad litem, order a predisposition report, appoint a multidisciplinary team, issue subpoenas or search warrants, order physical or medical examinations and authorize emergency medical, surgical or dental treatment all as provided in this act. The commissioner shall not make final orders of adjudication or disposition. (c) The court shall review the reports, orders and actions of the commissioner as soon as reasonably possible and confirm or modify the commissioner's orders and actions as it deems appropriate.

Wyo. Stat. Ann. § 14-6-211 Complaints alleging delinquency; investigation and determination by district attorney.

(a) Complaints alleging a child is delinquent shall be referred to the office of the district attorney. The district attorney shall determine whether the best interest of the child or of the public require that judicial action be taken. The department, the county sheriff and the county probation departments shall provide the district attorney with any assistance he may require in making an investigation. The district attorney shall prepare and file a petition with the court if he believes action is necessary to protect the interest of the public or child. (b) Repealed By Laws 1997, ch. 199, § 3.

Wyo. Stat. Ann. § 14-6-212 Commencement of proceedings; contents of petition.

(a) Proceedings in juvenile court are commenced by filing a petition with the clerk of the court. The petition and all subsequent pleadings, motions, orders and decrees shall be entitled "State of Wyoming, In the Interest of ....., minor." A petition shall be signed by the district attorney on information and belief of the alleged facts. All petitions must be verified. (b) The petition shall set forth all jurisdictional facts, including but not limited to: (i) The child's name, date of birth and address; (ii) The names and addresses of the child's parents, guardian or custodian and spouse, if any; (iii) Whether the child is being held in detention or shelter care and if so, the name and address of the facility and the time detention or shelter care commenced; and (iv) A statement setting forth with particularity the facts which bring the child within the provisions of W.S. 14-6-203. If the basis of the petition is an alleged delinquent act based upon a violation of the laws of the state or a political subdivision, the petition shall cite the alleged law violated. (c) The petition shall state if any of the facts enumerated in subsection (b) of this section are unknown.

Wyo. Stat. Ann. § 14-6-213 Order to appear; contents thereof; when child taken into immediate custody; waiver of service.

(a) After a petition is filed, the court shall issue an order to appear. The order shall: (i) State the name of the court, the title of the proceedings and the time and place for the initial hearing; (ii) Direct the persons named therein to appear personally at the hearing and direct the person having actual physical custody or control of the child to present the child before the court at the hearing; (iii) Be directed to the child's parents, guardian, custodian and spouse, if any, and to any other person the court deems necessary; and (iv) Be directed to the child alleged to be delinquent. (b) If it appears to the court by affidavit by the district attorney based on actual knowledge or on information and belief that the conduct, condition or surroundings of the child seriously endanger the child's health or welfare or the health, welfare or property of others, that the child may abscond or be removed from the jurisdiction of the court or that the child will not be brought before the court notwithstanding service of the order, the court may direct in the order to appear that the person serving the order take the child into immediate custody and bring him before the court. (c) Service of the order may be waived either in writing or by voluntary appearance at the hearing, provided a child may waive service of the order only with the consent of his parents, guardian, custodian, guardian ad litem or counsel.

Wyo. Stat. Ann. § 14-6-214 Service of process; order of custody or detention.

(a) In proceedings under this act, service of order to appear or other process within the state shall be made by the sheriff of the county where service is made, by his undersheriff or deputy or by any law enforcement officer or responsible adult not a party to the proceeding and appointed by the clerk. (b) Within the state, service of order to appear is made by personally delivering a copy of the order together with a copy of the petition to the person ordered to appear, provided that parents of a child may both be served by personally delivering to either parent two (2) copies of the order and petition, one (1) copy for each parent. A child under the age of fourteen (14) years is served by delivering a copy of the order together with a copy of the petition to the child's parents, guardian, custodian or other adult having the actual physical custody and control of the child or to a guardian ad litem or attorney appointed for the child. (c) If it appears to the court by affidavit that the parents, guardian or custodian of the child cannot be found within the state, the court may order personal service outside the state or service by certified mail with return receipt requested signed by addressee only. If the address of the child's parents, guardian or custodian is unknown and cannot with reasonable diligence be ascertained, the court shall appoint a guardian ad litem to represent the child and to receive service of process. (d) Service by certified mail is complete on the date the clerk receives the return receipt signed by addressee. Personal service either within or outside the state is complete on the date when copies of the order to appear and petition are delivered to the person to be served. (e) When personal service of order to appear is made within the state, service shall be completed not less than two (2) days before the hearing and when made outside the state, service shall be completed not less than five (5) days before the hearing. However, notwithstanding any provision within this act, the court may order that a child be taken into custody as provided in W.S. 14-6-213 or that a child be held in detention or shelter care pending further proceedings as provided in W.S. 14-6-209, even though service of order to appear on the parents, guardian or custodian of the child is not complete at the time of making the order.

Wyo. Stat. Ann. § 14-6-215 Presence of parent, custodian or guardian at hearing; failure to appear; avoidance of service; issuance of bench warrant.

(a) The court shall insure the presence at any hearing of the parents, guardian or custodian of any child subject to the proceedings under this act. (b) Any person served with an order to appear as provided in W.S. 14-6-214 and without reasonable cause fails to appear, is liable for contempt of court and the court may issue a bench warrant to cause the person to be brought before the court. (c) If the child, his parents, guardian or custodian or any other person willfully avoids or refuses service of order to appear, or it appears to the court that service of the order will be ineffectual or that the welfare of the child requires that he be brought immediately into the custody of the court, a bench warrant may be issued by the court for the child or his parents, guardian, custodian or any person having the actual physical custody or control of the child.

Wyo. Stat. Ann. § 14-6-216 Appointment of guardian ad litem.

The court shall appoint a guardian ad litem for a child who is a party to proceedings under this act if the child has no parent, guardian or custodian appearing in his behalf or if the interests of the parents, guardian or custodian are adverse to the best interest of the child. A party to the proceeding or employee or representative thereof shall not be appointed guardian ad litem for the child.

Wyo. Stat. Ann. § 14-6-217 Subpoenas for witnesses and evidence.

Upon application of any party to the proceeding, the clerk shall issue and the court on its own motion may issue subpoenas requiring the attendance and testimony of witnesses and the production of records, documents or other tangible evidence at any hearing.

Wyo. Stat. Ann. § 14-6-218 Search warrant; when authorized; affidavit required; contents of affidavit and warrant; service and return.

(a) The court or a commissioner may issue a search warrant within the court's jurisdiction if it appears by application supported by affidavit of one (1) or more adults that there is probable cause to believe a child has committed a delinquent act and the child is in hiding to avoid service of process or being taken into custody, or it appears by application supported by affidavit of one (1) or more adults that there is probable cause to believe a child has committed a delinquent act. (b) The affidavit shall be in writing, signed and affirmed by the affiant. The affidavit shall set forth: (i) The name and age of the child sought, provided that if the name or age of the child is unknown the affidavit shall set forth a description of the child sufficient to identify him with reasonable certainty and a statement that the affiant believes the child is of age to come within the provisions of this act; and (ii) The affiant's belief that the child sought has committed a delinquent act and is in hiding to avoid service of process or being taken into custody, and a statement of the facts upon which the belief is based. (iii) Repealed By Laws 1997, ch. 199, § 3. (c) The warrant may be directed to any law enforcement officer of the county or municipality in which the place or premises to be searched is located. The warrant shall: (i) Name or describe the child sought; (ii) Name the address or location and describe the place or premises to be searched; (iii) State the grounds for issuance of the warrant; (iv) Name the person or persons whose affidavit has been taken in support of the warrant; and (v) Authorize the officer to whom the warrant is directed to conduct the search and instruct him as to the disposition of the child if found, pending further proceedings by the court. (d) The officer making the search may enter the place or premises described in the warrant at any time with force if necessary, in order to remove the child or to obtain evidence that a delinquent act has been committed. The officer conducting the search shall serve a copy of the warrant upon the person in possession of the place or premises searched and shall return the original warrant to the court showing his actions in the premises.

Wyo. Stat. Ann. § 14-6-219 Physical and mental examinations; involuntary commitment of incompetents; subsequent proceedings.

(a) Any time after the filing of a petition, on motion of the district attorney or the child's parents, guardian, custodian or attorney or on motion of the court, the court may order the child to be examined by a licensed and qualified physician, surgeon, psychiatrist or psychologist designated by the court to aid in determining the physical and mental condition of the child. The examination shall be conducted on an outpatient basis, but the court may commit the child to a suitable medical facility or institution for examination if deemed necessary. Commitment for examination shall not exceed fifteen (15) days. Any time after the filing of a petition, the court on its own motion or motion of the district attorney or the child's parents, guardian, custodian or attorney, may order the child's parents, guardians or other custodial members of the child's family to undergo a substance use disorder assessment at the expense of the child's parents, guardians or other custodial members of the child's family and to fully comply with all findings and recommendations set forth in the assessment. Failure to comply may result in contempt proceedings as set forth in W.S. 14-6-242. (b) If a child has been committed to a medical facility or institution for mental examination prior to adjudication of the petition and if it appears to the court from the mental examination that the child is competent to participate in further proceedings and is not suffering from mental illness or intellectual disability to a degree rendering the child subject to involuntary commitment to the Wyoming state hospital or the Wyoming life resource center, the court shall order the child returned to the court without delay. (c) If it appears to the court by mental examination conducted before adjudication of the petition that a child alleged to be delinquent is incompetent to participate in further proceedings by reason of mental illness or intellectual disability to a degree rendering the child subject to involuntary commitment to the Wyoming state hospital or the Wyoming life resource center, the court shall hold further proceedings under this act in abeyance. The district attorney shall then commence proceedings in the district court for commitment of the child to the appropriate institution as provided by law. (d) The juvenile court shall retain jurisdiction of the child on the petition pending final determination of the commitment proceedings in the district court. If proceedings in the district court commit the child to the Wyoming state hospital, the Wyoming life resource center or any other facility or institution for treatment and care of people with a mental illness or an intellectual disability, the petition shall be dismissed and further proceedings under this act terminate. If proceedings in the district court determine the child does not have a mental illness or an intellectual disability to a degree rendering him subject to involuntary commitment, the court shall proceed to a final adjudication of the petition and disposition of the child under the provisions of this act.

Wyo. Stat. Ann. § 14-6-220 Emergency medical, surgical or dental examination or treatment.

The court may authorize and consent to emergency medical, surgical or dental examination or treatment of a child taken into custody under the provisions of this act either before or after the filing of a petition, if in the opinion of a licensed and qualified physician or surgeon the child is suffering from a serious physical condition or illness which requires prompt treatment or prompt examination is necessary to preserve evidence of a criminal offense.

Wyo. Stat. Ann. § 14-6-221 Reports of medical or mental examinations; use of results; copies.

The results of any medical or mental examination authorized or ordered by the court shall be reported to the court in writing and signed by the person making the examination. The results may not be considered by the court prior to adjudication but may be considered only in making a disposition under this act or W.S. 14-6-219. Copies of the examination reports shall be made available to the child's parents, guardian, custodian or attorney upon request.

Wyo. Stat. Ann. § 14-6-222 Advising of right to counsel required; appointment of counsel; verification of financial condition.

(a) At their first appearance before the court the child and his parents, guardian or custodian shall be advised by the court of their right to be represented by counsel at every stage of the proceedings including appeal, and to employ counsel of their own choice. (b) The court shall upon request appoint counsel who may be the guardian ad litem to represent the child if the child, his parents, guardian, custodian or other person responsible for the child's support are unable to obtain counsel. If appointment of counsel is requested, the court shall require the child and his parents, guardian, custodian or other person legally responsible for the child's support to verify their financial condition under oath, either by written affidavit signed and sworn to by the parties or by sworn testimony made a part of the record of the proceedings. The affidavit or sworn testimony shall state they are without sufficient money, property, assets or credit to employ counsel in their own behalf. The court may require further verification of financial condition if it deems necessary. If the child requests counsel and his parents, guardian, custodian or other person responsible for the child's support is able but unwilling to obtain counsel for the child, the court shall appoint counsel to represent the child and may direct reimbursement of counsel fees under W.S. 14-6-235(c). (c) The court may appoint counsel for any party when necessary in the interest of justice. (d) Counsel representing a child alleged to be delinquent under this act shall consider among other things what is in the best interest of the child.

Wyo. Stat. Ann. § 14-6-223 Privilege against self-incrimination; rights of parties generally; demand for and conduct of jury trial.

(a) A child alleged to be delinquent may remain silent and need not be a witness against or otherwise incriminate himself, whether before the court voluntarily, by subpoena or otherwise. (b) A party to any proceeding under this act is entitled to: (i) A copy of all charges made against him; (ii) Confront and cross-examine adverse witnesses; (iii) Introduce evidence, present witnesses and otherwise be heard in his own behalf; and (iv) Issue of process by the court to compel the appearance of witnesses or the production of evidence. (c) A party against whom a petition has been filed or the district attorney may demand a trial by jury at an adjudicatory hearing. The jury shall be composed of jurors selected, qualified and compensated as provided by law for the trial of civil matters in the district court. The jury may also be selected from the prospective jurors on the base jury list residing within five (5) miles of the city or town where the trial is to be held, whichever the court directs. Demand for a jury trial must be made to the court not later than ten (10) days after the party making the demand is advised of his right to a jury trial. No deposit for jury fees is required. Failure of a party to demand a jury is a waiver of this right.

Wyo. Stat. Ann. § 14-6-224 Conduct of hearings generally; exclusion of general public and child; exceptions; consolidations permitted.

(a) Unless a jury trial is demanded, hearings under this act shall be conducted by the court without a jury in an informal but orderly manner and separate from other proceedings not included in W.S. 14-6-203. The district attorney shall present evidence in support of the petition and otherwise represent the state. If the allegations in the petition are denied, adjudicatory and disposition hearings shall be recorded by the court reporter or by electronic, mechanical or other appropriate means. (b) Except in hearings to declare a person in contempt of court, the general public are excluded from hearings under this act. Only the parties, counsel for the parties, jurors, witnesses, victims and members of their immediate families and other persons the court finds having a proper interest in the proceedings or in the work of the court shall be admitted. If the court finds it necessary in the best interest of the child, the child may be temporarily excluded from any hearing except while evidence is being received at an adjudicatory hearing in support of the allegations of his delinquency. (c) Hearings on two (2) or more petitions may be consolidated for purposes of adjudication when the allegations in the petitions pertain to the same act or offense constituting the alleged delinquency. Separate hearings on the petitions may be held thereafter for purposes of disposition. (d) Repealed by Laws 2004, Ch. 127, § 3.

Wyo. Stat. Ann. § 14-6-225 Burden of proof required; verdict of jury; effect thereof.

(a) Allegations that a child has committed a delinquent act must be proved beyond a reasonable doubt. (b) If trial by jury is demanded, the jury shall decide issues of fact raised by the petition and return its verdict as to the truth of the allegations contained in the petition. A finding by the jury that the allegations are true is not deemed a conviction of guilt, but is a determination that judicial intervention is necessary for the best interest and welfare of the child and the public.

Wyo. Stat. Ann. § 14-6-226 Initial appearance; adjudicatory or transfer hearing; entry of decree and disposition; evidentiary matters; continuance of disposition hearing.

(a) At their initial hearing, which may be held after a detention or shelter care hearing or a transfer hearing, the child and his parents, guardian or custodian shall be advised by the court of their rights under law and as provided in this act. They shall also be advised of the specific allegations in the petition and given an opportunity to admit or deny them, unless motion is made to the court to transfer the allegations of delinquency against the minor to another court. They shall also be advised of the possible liability for costs of treatment or services pursuant to this act or W.S. 25-11-101 through 25-11-108. It is not necessary at the initial appearance for the district attorney to establish probable cause to believe the allegations in the petition are true. When a detention or shelter care hearing is held in accordance with W.S. 14-6-209, a separate initial hearing is not required if the child and his parents, guardian or custodian were present at the detention or shelter care hearing and advised by the court as provided in this subsection. (b) If the allegations of the petition are denied, the court may, with consent of the parties, proceed immediately to hear evidence on the petition or it may set a later time not to exceed sixty (60) days for an adjudicatory or a transfer hearing, unless the court finds good cause to delay or postpone the hearing. In no case shall the court hold the adjudicatory hearing more than ninety (90) days after the date the petition is filed. Only competent, relevant and material evidence shall be admissible at an adjudicatory hearing to determine the truth of the allegations in the petition. If after an adjudicatory hearing the court finds that the allegations in the petition are not established as required by this act, it shall dismiss the petition and order the child released from any detention or shelter care. (c) If after an adjudicatory hearing or a valid admission or confession the court or jury finds that a child committed the acts alleging him delinquent, it shall enter a decree to that effect stating the jurisdictional facts upon which the decree is based. It may then proceed immediately or at a postponed hearing within sixty (60) days to make proper disposition of the child, unless the court finds good cause to delay or postpone the hearing. (d) In detention or shelter care hearings, disposition hearings or transfer hearings, all material and relevant evidence helpful in determining questions may be received by the court and relied upon for probative value. The parties or their counsel may examine and controvert written reports received as evidence and cross-examine persons making the reports. (e) On motion of any party or on its own motion, the court may continue a disposition hearing for a reasonable time not to exceed sixty (60) days to receive reports and other evidence bearing on the disposition to be made. The court shall make an appropriate order for detention or shelter care of the child or for his release from detention or shelter care subject to any terms and conditions the court deems necessary during the period of continuance. (f) At any time prior to disposition under W.S. 14-6-229, the court, on motion of any party or on its own motion, may reconsider its order regarding detention, shelter care or conditions of release made under W.S. 14-6-209(d) or 14-6-214(e). (g) Repealed By Laws 1997, ch. 199, § 3.

Wyo. Stat. Ann. § 14-6-227 Predisposition studies and reports.

(a) After a petition is filed alleging the child is delinquent, the court shall order the department to make a predisposition study and report. The court shall establish a deadline for completion of the report. While preparing the study the department shall consult with the child's school and school district to determine the child's educational needs. The study and report shall also cover: (i) The social history, environment and present condition of the child and his family; (ii) The performance of the child in school, including whether the child receives special education services and how his goals and objectives might be impacted by the court's disposition, provided the school receives authorization to share the information; (iii) The presence of child abuse and neglect or domestic violence histories, past acts of violence, learning disabilities, cognitive disabilities or physical impairments and the necessary services to accommodate the disabilities and impairments; (iv) The presence of any mental health or substance abuse risk factors, including current participation in counseling, therapy or treatment; and (v) Other matters relevant to the child's present status as a delinquent, including any pertinent family information, treatment of the child or proper disposition of the case, including any information required by W.S. 21-13-315(d). (b) Within ten (10) days after a petition is filed alleging a child is delinquent, the court shall appoint a multidisciplinary team. Upon motion by a party, the court may add or dismiss a member of the multidisciplinary team. (i) Repealed By Laws 1997, ch. 199, § 3. (ii) Repealed By Laws 1997, ch. 199, § 3. (iii) Repealed By Laws 1997, ch. 199, § 3. (iv) Repealed By Laws 1997, ch. 199, § 3. (v) Repealed By Laws 1997, ch. 199, § 3. (vi) Repealed By Laws 1997, ch. 199, § 3. (vii) Repealed By Laws 1997, ch. 199, § 3. (c) The multidisciplinary team shall include the following: (i) The child's parent, parents or guardian; (ii) A representative of the school district who has direct knowledge of the child and, if the child receives special education, is a member of the child's individualized education plan team; (iii) A representative of the department; (iv) The child's psychiatrist, psychologist or mental health professional; (v) The district attorney or his designee; (vi) The child's attorney or guardian ad litem, if one is appointed by the court; (vii) The volunteer lay advocate, if one is appointed by the court; and (viii) The foster parent. (d) In addition to the persons listed in subsection (c) of this section, the court may appoint one (1) or more of the following persons to the multidisciplinary team: (i) Repealed By Laws 2005, ch. 236, § 4. (ii) Repealed By Laws 2005, ch. 236, § 4. (iii) The child; (iv) A relative; (v) If the predispositional study indicates a parent or child has special needs, an appropriate representative of the department of health's substance abuse, mental health or developmental disabilities division who has knowledge of the services available in the state's system of care that are pertinent to those identified needs; (vi) Other professionals or persons who have particular knowledge relating to the child or his family, or expertise in children's services and the child's or parent's specific disability or special needs, including linguistic and cultural needs. (e) Before the first multidisciplinary team meeting, the department of family services shall provide each member of the multidisciplinary team with a brief summary of the case detailing the allegations in the petition that have been adjudicated, if any. The multidisciplinary team shall, as quickly as reasonably possible, review the child's personal and family history, school, mental health and department of family services records and any other pertinent information, for the purpose of making sanction recommendations. The team shall involve the child in the development of recommendations to the extent appropriate. (f) At the first multidisciplinary team meeting, the team shall formulate reasonable and attainable recommendations for the court outlining the goals or objectives the parents should be required to meet for the child to be returned to the home or for the case to be closed, or until ordered by the court in termination proceedings. At each subsequent meeting, the multidisciplinary team shall review the progress of the parents and the child, and shall reevaluate the plan ordered by the court. For cause, which shall be set forth with specificity, the multidisciplinary team may adjust its recommendations to the court with respect to the goals or objectives in the plan to effect the return of the child to the home or to close the case, or until ordered by the court in termination proceedings. The multidisciplinary team shall formulate written recommendations consistent with the purposes of this act. After each multidisciplinary team meeting, the coordinator shall prepare for submission to each member of the team and to the court a summary of the multidisciplinary team meeting specifically describing the recommendations for the court and the goals and objectives which should be met to return the child to the home or to close the case, or until ordered by the court in termination proceedings. If the recommendations for the case plan have been changed, the summary shall include a detailed explanation of the change in the recommendations and the reasons for the change. (g) All records, reports and sanction recommendations of the multidisciplinary team are confidential except as provided by this section. Any person who willfully violates this subsection is guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500.00). (h) Except for consideration at a hearing on a motion to transfer the case to another court as provided in W.S. 14-6-237, the court shall not consider any report or recommendation under this section prior to adjudication of the allegations in the petition without the consent of the child and the child's parents, guardian or custodian. (j) Any member of a multidisciplinary team who cannot attend team meetings in person or by telephone may submit written reports and recommendations to the other team members and to the court. Individuals who are not members of the multidisciplinary team but have knowledge pertinent to the team's decisions may be asked to provide information to the multidisciplinary team. The individuals shall be bound by the confidentiality provisions of subsection (g) of this section. (k) The department shall develop a case plan for a juvenile when there is a recommendation to place the child outside the home. (m) If the child is placed outside the home, the multidisciplinary team shall meet quarterly to review the child's and the family's progress toward meeting the goals or expectations in the case plan and the multidisciplinary team shall provide a written report with recommendations to the court prior to each review hearing. (n) No later than five (5) business days prior to the dispositional hearing, the multidisciplinary team shall file with the court the multidisciplinary team report which shall include the multidisciplinary team's recommendations and the department case plan in a standard format established by the department. (o) Five (5) business days prior to each review hearing, the multidisciplinary team shall file with the court a report updating the multidisciplinary team report, the multidisciplinary team's recommendations and the department case plan.

Wyo. Stat. Ann. § 14-6-228 Abeyance of proceedings by consent decree; term of decree; reinstatement of proceedings; effect of discharge or completing term.

(a) At any time after the filing of a petition alleging a child delinquent and before adjudication, the court may issue a consent decree ordering further proceedings held in abeyance and place a delinquent child under the supervision of a probation officer. The placement of the child is subject to the terms, conditions and stipulations agreed to by the parties affected. The consent decree shall not be entered without the consent of the district attorney, the child's attorney, where applicable, and the child and the notification of the parents. Modifications to an existing consent decree may be allowed. (b) The consent decree shall be in writing and copies given to each of the parties. The decree shall include the case plan for the child. (c) A consent decree shall be in force for the period agreed upon by the parties but not longer than one (1) year unless the child is sooner discharged by the court. (d) If prior to discharge by the court or expiration of the consent decree, a child alleged to be delinquent fails to fulfill the terms and conditions of the decree or a new petition is filed alleging the child delinquent because of misconduct occurring during the term of the consent decree, the original petition and proceedings may be reinstated upon order of the court after hearing and the matter may proceed as though the consent decree had never been entered. If, as part of the consent decree, the child made an admission to any of the allegations contained in the original petition, that admission shall be entered only if the court orders that the original petition and proceeding be reinstated and the admissions, if any, be entered. If the admission is entered, the court may proceed to disposition pursuant to W.S. 14-6-226. (e) If a consent decree is in effect and the child is in placement, the court shall hold a six (6) month and twelve (12) month review under W.S. 14-6-229. (f) A child discharged by the court under a consent decree without reinstatement of the original petition and proceeding shall not thereafter be proceeded against in any court for the same offense or misconduct alleged in the original petition.

Wyo. Stat. Ann. § 14-6-229 Decree where child adjudged delinquent; dispositions; terms and conditions; legal custody.

(a) In determining the disposition to be made under this act in regard to any child: (i) The court shall review the predisposition report, the recommendations, if any, of the multidisciplinary team, the case plan and other reports or evaluations ordered by the court and indicate on the record what materials were considered in reaching the disposition; (ii) If the court does not place the child in accordance with the recommendations of the predisposition report or multidisciplinary team, the court shall enter on the record specific findings of fact relied upon to support its decision to deviate from the recommended disposition; (iii) When a child is adjudged by the court to be delinquent, the court shall enter its decree to that effect and make a disposition consistent with the purposes of this act; (iv) Repealed By Laws 1997, ch. 199, § 3. (v) The court shall not order an out-of-state placement unless: (A) Evidence has been presented to the court regarding the costs of the out-of-state placement being ordered together with evidence of the comparative costs of any suitable alternative in-state treatment program or facility, as determined by the department pursuant to W.S. 21-13-315(d)(vii), whether or not placement in the in-state program or facility is currently available; (B) The court makes an affirmative finding on the record that no placement can be made in a Wyoming institution or in a private residential treatment facility or group home located in Wyoming that can provide adequate treatment or services for the child; and (C) The court states on the record why no in-state placement is available. (b) Repealed By Laws 1997, ch. 199, § 3. (c) Repealed By Laws 1997, ch. 199, § 3; 1993, ch. 210, § 3; 1984, ch. 67, §§ 2, 3; 1987, ch. 217, § 2, ch. 221, § 3. (d) If the child is found to be delinquent the court may impose any sanction authorized by W.S. 14-6-245 through 14-6-252. (i) Repealed by Laws 1997, ch. 119, § 3. (ii) Repealed by Laws 1997, ch. 119, § 3. (iii) Repealed by Laws 1997, ch. 119, § 3. (iv) Repealed by Laws 1997, ch. 119, § 3. (v) Repealed By Laws 1997, ch. 199, § 3. (vi) Repealed by Laws 1997, ch. 119, § 3. (e) In cases where a child is ordered removed from the child's home: (i) Repealed By Laws 1997, ch. 199, § 3. (ii) If a child is committed or transferred to an agency or institution under this section: (A) At least every three (3) months the agency or institution shall recommend to the court if the order should be continued; (B) Not less than once every six (6) months, the court of jurisdiction shall conduct a formal review to assess and determine the appropriateness of the current placement, the reasonable efforts made to reunify the family, the safety of the child and the permanency plan for the child. During this review: (I) The department of family services shall present to the court: (1) If the permanency plan is classified as another planned permanent living arrangement, documentation of the ongoing and unsuccessful efforts to return the child home or place the child for adoption or with a legal guardian or a fit and willing relative for purposes of guardianship or adoption, including evidence of efforts to use social media or other search technology to find biological family members for the child; (2) Efforts made to ensure that the child is provided, to the greatest extent possible, the opportunity to participate in age appropriate or developmentally appropriate activities and experiences as defined in W.S. 14-13-101(a)(i) to promote healthy child and adolescent development consistent with W.S. 14-13-101 through 14-13-104; and (3) If the child is placed in a qualified residential treatment program: a. Information to show that ongoing assessment of the child's strengths and needs continues to support the determination that placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment consistent with the short-term and long-term goals of the child and the child's permanency plan; b. The specific treatment needs that will be met for the child in the placement; c. The length of time the child is expected to remain in the placement; d. The efforts made by the department of family services to prepare the child to return home or be placed for adoption or legal guardianship. (II) The court shall: (1) Determine whether the permanency plan is in the best interest of the child and whether the department of family services has made reasonable efforts to finalize the plan; (2) Order the department of family services to take any additional steps necessary to effectuate the terms of the permanency plan; (3) Ask the child or, if the child is not present at the review, the child's guardian ad litem or other legal representative about the child’s desired permanency outcome; (4) If the permanency plan is classified as another planned permanent living arrangement: a. Make a judicial determination and explain why, as of the date of the review, another planned permanent living arrangement is the best permanency plan for the child; and b. Provide reasons why it continues not to be in the best interest of the child to return home or be placed for adoption or with a legal guardian, or be placed with a fit and willing relative for purposes of guardianship or adoption. (5) Make findings whether the child has been provided, to the greatest extent possible, the opportunity to participate in age appropriate or developmentally appropriate activities and experiences as defined in W.S. 14-13-101(a)(i) to promote healthy child and adolescent development consistent with W.S. 14-13-101 through 14-13-104. (iii) The court shall order the parents or other legally obligated person to pay a reasonable sum for the support and treatment of the child as required by W.S. 14-6-236, or shall state on the record the reasons why an order for support was not entered; (iv) In cases where the child is placed in custody of the department, support shall be established by the department through a separate civil action; (v) Any order regarding potential placement at a psychiatric residential treatment facility shall not specify a particular psychiatric residential treatment facility or level of care for the placement of the child; (vi) If the child is placed in a qualified residential treatment program: (A) Within thirty (30) days of the placement a qualified individual shall conduct an assessment to determine whether the child's needs can be met through placement with family members or in a foster family home, or if the placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment consistent with the short-term and long-term goals of the child and the child's permanency plan; (B) Within sixty (60) days of the placement the court shall: (I) Consider the assessment completed pursuant to subparagraph (A) of this paragraph; (II) Determine whether the needs of the child can be met through placement in a foster family home or whether the placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment; (III) Determine whether the placement is consistent with the short-term and long-term goals for the child as specified in the child's permanency plan; (IV) Approve or disapprove the placement. (f) Repealed by Laws 1997, ch. 119, § 3. (g) An institution, organization or agency vested with legal custody of a child by court order shall have the right to determine where and with whom the child shall live, provided that placement of the child does not remove him from the state of Wyoming without court authorization. An individual vested with legal custody of a child by court order shall personally exercise custodial rights and responsibilities unless otherwise authorized by the court. (h) Whenever the court vests legal custody of a child in an institution, organization or agency it shall transmit with the order copies of all clinical reports, social studies and other information pertinent to the care and treatment of the child. The institution, organization or agency receiving legal custody of a child shall provide the court with any information concerning the child that the court may request. (j) In placing a child in the custody of an individual or a private agency or institution, the court shall give primary consideration to the needs and welfare of the child. Where a choice of equivalent services exists, the court shall, whenever practicable, select a person or an agency or institution governed by persons of the same religion as that of the parents of the child. In case of a difference in the religious faith of the parents, then the court shall select the person, agency or institution governed by persons of the religious faith of the child, or if the religious faith of the child is not ascertainable, then of the faith of either parent. (k) Repealed By Laws 1997, ch. 199, § 3. (m) The clerk of the court granting probation to a youth adjudicated delinquent shall send a certified copy of the order to the department of family services if the department has been requested to provide supervision of the probationer. (n) At the time of granting probation or at any later time, the court may request the department of family services to provide supervision of the probationer. The supervising probation officer shall not be required to supervise or report on a youth granted probation unless requested to do so by the court granting probation. (o) Absent a specific provision in the placement order requiring prior court approval for any change in placement, a department of state government vested with temporary legal custody of a child by court order under this section has authority to place the child in a residential facility or other out-of-home placement of similar or less restrictive confinement provided: (i) At least ten (10) days prior to the change in placement written notice of the proposed placement is served upon the child, the child's parents, the child's representative, the current placement provider and the office of the district attorney of original jurisdiction, personally or by certified mail to the recipient's last known address; and (ii) None of the parties within ten (10) days after notice is filed with the juvenile court having jurisdiction, makes a written objection to the proposed change in placement. (p) If a placement order vesting a department of state government with temporary legal custody of a child under this section includes a provision that court approval shall be required prior to any change in placement, the department may proceed to place the child in a residential facility or other out-of-home placement of similar or less restrictive confinement, and the court shall be deemed to have approved such change in placement, if: (i) The conditions of paragraphs (o)(i) and (ii) of this section are met; and (ii) The court on its own motion does not set the matter for hearing within fifteen (15) days after notice of the proposed change in placement is filed with the juvenile court. (q) Repealed by Laws 1997, ch. 119, § 3. (r) An agency of state government vested with temporary legal custody of a child under this section shall have the right to transport the child as necessary.

Wyo. Stat. Ann. § 14-6-230 Orders of protection; requirements.

(a) On application of any party to the proceedings or on its own motion the court may make an order of protection in support of the decree and order of disposition, restraining or otherwise controlling the conduct of the child's parents, guardian or custodian or any party to the proceeding whom the court finds to be encouraging, causing or contributing to the acts or conditions which bring the child within the provisions of this act. (b) The order of protection may require the person against whom it is directed to do or to refrain from doing any acts required or forbidden by law and necessary for the welfare of the child and the enforcement of the order of disposition, including the following requirements to: (i) Perform any legal obligation of support; (ii) Not make contact with the child or his place of abode; (iii) Refrain from conduct which in any way interferes with or disrupts the control and supervision of the child by his legal custodian; (iv) Permit a parent reasonable visitation privileges under specified conditions and terms; (v) Give proper attention to care of the home and to refrain from conduct detrimental to the child and the home environment; or (vi) Enforce the child's compliance with the terms and conditions imposed upon him by the order of disposition.

Wyo. Stat. Ann. § 14-6-231 Release of child from institution; duration of orders of disposition; termination of orders.

(a) A child committed to the Wyoming boys' school, the Wyoming girls' school or the Wyoming state hospital may be released from that institution by the agency having the direct authority and control of the institution. This release shall not affect any other terms or conditions of the court's order. The agency shall notify the court of any planned release and shall recommend further disposition of the child. The court shall discharge the child from further court jurisdiction or shall enter any other order of disposition specified under W.S. 14-6-229 for a child found to be delinquent. (b) An order of disposition shall remain in force for an indefinite period until terminated by the court whenever it appears the purpose of the order has been achieved and it is in the child's best interest that he be discharged from further court jurisdiction. (c) Unless sooner terminated by court order, all orders issued under this act shall terminate with respect to a child adjudicated: (i) Repealed By Laws 1997, ch. 199, § 3. (ii) Delinquent, when he reaches twenty-one (21) years of age; (iii) Repealed By Laws 1997, ch. 199, § 3.

Wyo. Stat. Ann. § 14-6-232 Probation revocation hearing; how commenced and conducted; contents of petition; disposition.

(a) A child on probation incident to an adjudication of his delinquency who commits a new delinquent act or violates the terms and conditions of his probation may be proceeded against in a probation revocation hearing. (b) A proceeding to revoke probation shall be commenced by a petition designated as "A Petition to Revoke Probation" and shall be heard by the court without a jury. The petition shall: (i) Be reviewed and prepared by the district attorney in the same manner and shall contain the same information as required by W.S. 14-6-212; (ii) Set forth the date when the child was placed on probation and the time and manner in which notice of the terms of probation were given; and (iii) Be served together with an order to appear on all parties having an interest in the proceedings as provided in W.S. 14-6-213. (c) If a child is found to have violated the terms of the child's probation, the court may amend the terms and conditions of the probation order, extend the period of probation or make any other order of disposition specified in W.S. 14-6-229(d). (i) Repealed By Laws 1997, ch. 199, § 3. (ii) Repealed By Laws 1997, ch. 199, § 3.

Wyo. Stat. Ann. § 14-6-233 Appeal; right generally; transcript provided; cost thereof.

(a) Any party including the state may appeal any final order, judgment or decree of the juvenile court to the supreme court within the time and in the manner provided by the Wyoming Rules of Appellate Procedure. (b) Upon motion of the child or his parents, guardian or custodian, supported by affidavit stating they are financially unable to purchase a transcript of the proceeding, a transcript or so much thereof necessary to support the appeal shall be provided at no cost or at a cost the court determines they are able to pay. Any cost of the transcript not charged to the appellant shall be certified by the court to the county treasurer and paid from the funds of the county in which the proceedings were held.

Wyo. Stat. Ann. § 14-6-234 Stay of orders pending appeal; securing of payment; staying transfer of legal custody.

(a) If an appeal is taken, an order to pay a fine, costs, support for a child, restitution or any order for the payment of money may be stayed by the juvenile court or by the supreme court pending appeal. The court may require the appellant to deposit with the clerk of court the whole or any part of the payment ordered, to give bond for the payment thereof or any other terms and conditions to secure payment upon final determination of the appeal as the court deems proper. The court may also issue any appropriate order to restrain the appellant from dissipating his assets pending appeal. (b) Either the juvenile court or the supreme court may stay an order transferring legal custody of a child to a person, agency, organization or institution other than his parents, guardian or former custodian, provided that suitable provision is made for the detention or shelter care of the child pending the appeal.

Wyo. Stat. Ann. § 14-6-235 Fees, costs and expenses.

(a) There is no fee for filing a petition under this act nor shall any state, county or local law enforcement officer charge a fee for service of process under this act. Witness fees, juror fees and travel expenses in the amounts allowable by law may be paid to persons other than the parties who are subpoenaed or required to appear at any hearing pursuant to this act. (b) The following costs and expenses, when approved and certified by the court to the county treasurer, shall be a charge upon the funds of the county where the proceedings are held and shall be paid by the board of county commissioners of that county: (i) Witness fees and travel expense; (ii) Jury fees, costs and travel expense; (iii) Costs of service of process or notice by certified mail; (iv) Costs of any physical or mental examinations or treatment ordered by the court; (v) Reasonable compensation for services and costs of counsel appointed by the court; (vi) Reasonable compensation for services and costs of a guardian ad litem appointed by the court, unless the county participates in the guardian ad litem program administered by the office of guardian ad litem pursuant to W.S. 14-12-101 through 14-12-104 and the office was appointed to provide the guardian ad litem; and (vii) Any other costs of the proceedings which would be assessable as costs in the district court. (c) Legal services rendered to a child for his benefit and protection are necessities which the child's parents or any person obligated by law for the child's support may be held responsible. In every case in which a guardian ad litem has been appointed to represent the child under W.S. 14-6-216 or in which counsel has been appointed under W.S. 14-6-222 to represent the child, the child's parents, guardian or other person responsible for the child's support, the court shall determine whether the child, the child's parents, guardian or other person responsible for the child's support is able to pay part or all of the costs of representation and shall enter specific findings on the record. If the court determines that any of the parties is able to pay any amount as reimbursement for costs of representation, the court shall order reimbursement or shall state on the record the reasons why reimbursement was not ordered. The court may also in any case order that all or any part of the costs and expenses enumerated in paragraphs (b)(i), (iii), (iv) and (vii) of this section, be reimbursed to the county by the child, his parents or any person legally obligated for his support, or any of them jointly and severally, upon terms the court may direct. An order for reimbursement of costs made pursuant to this subsection may be enforced as provided in W.S. 14-6-236. Any reimbursement ordered for guardian ad litem services provided pursuant to W.S. 14-12-101 through 14-12-104 shall be apportioned between the county and the office of guardian ad litem in accordance with payments made for those services. (d) The department of family services shall promulgate rules and regulations establishing a standard fee schedule for probation services provided under this act. In every case in which a child has been placed on probation under W.S. 14-6-229(d), the court shall determine whether the child, the child's parents, guardian or other person legally obligated for the child's support is able to pay part or all of the expenses of probation determined in accordance with the department's fee schedule and shall enter specific findings on the record. If the court determines that any of the parties is able to pay any amount as reimbursement for expenses of probation, the court shall order reimbursement by any or all of the parties, jointly and severally, or shall state on the record the reasons why reimbursement was not ordered. An order for reimbursement of expenses made pursuant to this subsection may be enforced as provided in W.S. 14-6-236.

Wyo. Stat. Ann. § 14-6-236 Ordering payment for support and treatment of child; how paid; enforcement.

(a) When legal custody of a child, other than temporary guardianship, is vested by court order in an individual, agency, institution or organization other than the child's parents, the court shall in the same proceeding inquire into the financial condition of the child's parents or any other person who may be legally obligated to support the child. After due notice and hearing the court shall order the parents or any other legally obligated person to pay a reasonable sum for the support and treatment of the child during the time that a dispositional order is in force. The requirements of W.S. 20-2-101 through 20-2-406 apply to this section. The amount of support shall be determined in accordance with the presumptive child support established by W.S. 20-2-304. In any case where the court has deviated from the presumptive child support, the reasons therefor shall be specifically set forth in the order. The amount ordered to be paid shall be paid to the clerk of the district court for transmission to the person, institution or agency having legal custody of the child or to whom compensation is due. The clerk of court is authorized to receive periodic payments payable in the name or for the benefit of the child, including but not limited to social security, veteran's administration benefits or insurance annuities, and apply the payments as the court directs. An order for support under this subsection shall include a statement of the addresses and social security numbers if known, of each obligor, the names and addresses of each obligor's employer and the names and birthdates of each child to whom the order relates. The court shall order each obligor to notify the clerk of court in writing within fifteen (15) days of any change in address or employment. If any person who is legally obligated to support the child does not have full time employment, the court may require that person to seek full time employment and may require community service work in lieu of payment until full time employment is obtained. (b) An order for the payment of money entered against a parent or other person legally obligated to support a child under the provisions of W.S. 14-6-235, 20-2-101 through 20-2-406 or this section shall be entered separately from the decree of disposition under W.S. 14-6-229 and shall not be treated as a part of the confidential court record under W.S. 14-6-239. The order may be filed in the district court of any county in the state. From the time of filing, the order shall have the same effect as a judgment or decree of the district court in a civil action and may be enforced by the district attorney, or the department of family services in the same manner and with the same powers as in other child support cases under W.S. 20-2-303, 20-2-304, 20-2-307, 20-2-311, 20-2-401 through 20-2-406 and 20-6-101 through 20-6-222, or in any manner provided by law for enforcement of a civil judgment for money. (c) Repealed by Laws 1993, ch. 85, § 2.

Wyo. Stat. Ann. § 14-6-237 Transfer hearing; transfer of proceedings commenced in district court or in municipal or circuit court.

(a) After a petition alleging a child has committed a delinquent act is filed, the court may, on its own motion or that of any party any time prior to the adjudicatory hearing, order a transfer hearing to determine if the matter should be transferred to another court having jurisdiction of the offense charged for criminal prosecution as provided by law. Notice in writing of the time, place and purpose of the transfer hearing shall be given to the child and his parents, guardian or custodian at least three (3) days before the hearing. The transfer hearing shall be conducted in conformity with W.S. 14-6-222 through 14-6-224 except there shall be no jury. (b) The court shall order the matter transferred to the appropriate court for prosecution if after the transfer hearing it finds that proper reason therefor exists. The determinative factors to be considered by the judge in deciding whether the juvenile court's jurisdiction over such offenses will be waived are the following: (i) The seriousness of the alleged offense to the community and whether the protection of the community required waiver; (ii) Whether the alleged offense was committed in an aggressive, violent, premeditated or willful manner; (iii) Whether the alleged offense was against persons or against property, greater weight being given to offenses against persons especially if personal injury resulted; (iv) The desirability of trial and disposition of the entire offense in one (1) court when the juvenile's associates in the alleged offense are adults who will be charged with a crime; (v) The sophistication and maturity of the juvenile as determined by consideration of his home, environmental situation, emotional attitude and pattern of living; (vi) The record and previous history of the juvenile, including previous contacts with the law enforcement agencies, juvenile courts and other jurisdictions, prior periods of probation to this court, or prior commitments to juvenile institutions; (vii) The prospects for adequate protection of the public and the likelihood of reasonable rehabilitation of the juvenile (if he is found to have committed the alleged offense) by the use of procedures, services and facilities currently available to the juvenile court. (c) If the court orders the matter transferred under subsection (b) of this section, the court shall state on the record its basis for the decision. (d) The court may make any necessary orders for the detention of the child until the court to which the matter is transferred has acquired jurisdiction, at which time jurisdiction of the juvenile court with respect to the alleged delinquent act terminates. (e) Statements made by the child at a transfer hearing are not admissible against him over objection in a criminal proceeding following the transfer. (f) If the case is not transferred, the judge who conducted the hearing shall not, over objection of an interested party, preside at the adjudicatory hearing on the petition. If the case is transferred to a court of which the judge who conducted the transfer hearing is also a judge, he may be disqualified from presiding at the criminal proceeding. (g) If any proceeding commenced in the district court is within the concurrent jurisdiction of the juvenile court, the district court may on motion of any party or on its own motion order any proceeding transferred to the juvenile court. The district court judge may, after notice and hearing, find the matter more properly suited to disposition under the provisions of this act. The order of transfer confers upon the juvenile court full jurisdiction in the matter as if originally commenced in the juvenile court. (h) No court other than the district court shall order the transfer of a case to juvenile court. At any time after a proceeding over which the juvenile court has concurrent jurisdiction is commenced in municipal or circuit court, the judge of the court in which the proceeding is commenced may on the court's own motion, or on the motion of any party, suspend further proceedings and refer the case to the office of the district attorney to determine whether a petition should be filed in the juvenile court to commence a proceeding under this act. If a petition is filed under this act, the original proceeding commenced in the municipal or circuit court shall be dismissed. If the district attorney determines not to file a petition under this act, the district attorney shall immediately notify the municipal or circuit court and the proceeding commenced in that court may continue.

Wyo. Stat. Ann. § 14-6-238 Proceedings deemed in equity; effect of orders and decrees.

All proceedings under this act shall be regarded as proceedings in equity and the court shall have and exercise equitable jurisdiction. No order or decree pursuant to this act shall be deemed a conviction of a crime or impose any civil disabilities, nor shall it disqualify the child for any civil or military service application or appointment or from holding public office.

Wyo. Stat. Ann. § 14-6-239 Records and reports confidential; inspection.

(a) Throughout proceedings pursuant to this act the court shall safeguard the records from disclosure. Upon completion of the proceedings, whether or not there is an adjudication, the court shall order the entire file, except for child support orders, and record of the proceeding sealed and the court shall not release these records except as provided in W.S. 14-6-203(g) or 14-6-240, unless there has been an adjudication of a delinquent act and except to the extent necessary to meet the following inquiries: (i) From another court of law; (ii) From an agency preparing a presentence report for another court; (iii) From a party to the proceeding; (iv) From the department of family services for purposes of establishing, modifying or enforcing a support obligation. (b) Upon receipt of inquiries as set out in this section, the court may release a copy of the presentence investigation report together with a cover letter stating the disposition of the proceeding. (c) Repealed by Laws 1995, ch. 154, § 2. (d) Nothing in subsection (a) of this section shall limit the disclosure of records authorized by W.S. 14-6-604.

Wyo. Stat. Ann. § 14-6-240 Fingerprinting or photographing of child; disclosure of child's records.

(a) No child shall be fingerprinted or photographed by a law enforcement agency or peace officer unless: (i) The child has been arrested for a felony; (ii) A petition has been filed in juvenile court alleging the child with having committed a delinquent act which would constitute a felony; (iii) Latent fingerprints are found during the investigation of a criminal offense and a peace officer obtains consent of the parent, guardian or custodian of the juvenile, or obtains a court order based upon probable cause to believe the fingerprints are those of the child; or (iv) The child has been adjudicated to have committed a delinquent act which would constitute a felony if committed by an adult. (b) Fingerprints and photographs of a child adjudicated to have committed a delinquent act which would be a felony if committed by an adult may be retained in a local law enforcement agency file and in the Wyoming division of criminal investigation files in accordance with W.S. 14-6-601 through 14-6-606. If the matter does not result in an adjudication that the child was a delinquent for having committed an act constituting a felony, the enforcement agency which obtained the fingerprints or photographs pursuant to paragraph (a)(iii) of this section shall destroy those records and shall report the destruction of the records to the court. Further, the court shall order all records pertaining to the matter in the files of law enforcement agencies destroyed or expunged. (c) Repealed by Laws 1979, ch. 18, § 2. (d) Law enforcement records of a child against whom a petition is filed under this act shall be kept separate from records and files of adults and shall not be open to public inspection nor disclosed to the news media without the written consent of the court or except as provided in W.S. 14-6-203(g). (e) The court or the prosecuting attorney may release the name of the minor, the legal records or disposition in any delinquency proceeding filed in juvenile court to the minor's victim or victims and the members of the immediate family of any victim. The victim of a delinquent act constituting a felony shall be provided additional information regarding the delinquency proceeding in accordance with W.S. 14-6-501 through 14-6-509. Except as otherwise allowed under W.S. 14-6-203(g)(i) through (v), legal records released by the court under this subsection shall not include predisposition studies and reports, social summaries, medical or psychological reports, educational records or transcripts of dispositional hearings. (f) Upon a finding that a release of information will serve to protect the public health or safety or that due to the nature or severity of the offense in question the release of information will serve to deter the minor or others similarly situated from committing similar offenses, the court may release the name of the minor, the legal records or disposition in any delinquency proceeding filed in juvenile court to the media or other members of the public having a legitimate interest. Except as otherwise allowed under W.S. 14-6-203, legal records released by the court under this subsection shall not include predisposition studies and reports, social summaries, medical or psychological reports, educational records or transcripts of dispositional hearings. (g) Repealed By Laws 2004, ch. 127, § 3.

Wyo. Stat. Ann. § 14-6-241 Expungement of records in juvenile, circuit and municipal courts.

(a) Any person adjudicated delinquent as a result of having committed a delinquent act other than a violent felony as defined by W.S. 6-1-104(a)(xii), under the provisions of this act may petition the court for the expungement of his record in the juvenile court upon reaching the age of majority. Any petition filed under this section shall be verified by the petitioner, served upon and reviewed by the prosecuting attorney, and no order granting expungement shall be issued prior to the expiration of twenty (20) days after service was made. The prosecuting attorney shall file with the court, an objection, if any, to the petition within twenty (20) days after service. If an objection is filed, the court shall set the matter for hearing. If an objection is filed and after investigation the court finds that the petitioner has not been convicted of a felony since adjudication, that no proceeding involving a felony is pending or being instituted against the petitioner and the rehabilitation of the petitioner has been attained to the satisfaction of the court or the prosecuting attorney, it shall order expunged all records in any format including electronic records in the custody of the court or any agency or official, pertaining to the petitioner's case. If no objection is filed, the court may summarily enter an order if the court finds that the petitioner is otherwise eligible for relief under this subsection. Copies of the order shall be sent to each agency or official named in the order. The prosecuting attorney, to the extent practicable and if the state filed the petition for expungement as authorized by W.S. 7-13-1401, shall inform the juvenile of the order of expungement and of the practical effects of the expungement. Upon entry of an order the proceedings in the petitioner's case are deemed never to have occurred and the petitioner may reply accordingly upon any inquiry in the matter. (b) The record of a minor convicted of a violation of a municipal ordinance may be expunged in the same manner as provided in subsection (a) of this section by petition to the municipal court. (c) The record of a minor convicted of a misdemeanor in circuit court may be expunged in the same manner as provided in subsection (a) of this section by petition to the circuit court. (d) The record of a minor admitted to a diversion program or granted a deferral pursuant to Wyoming statute may be expunged in the same manner and subject to the same limitations as provided in subsection (a) of this section by petition to the court ordering the diversion program or deferral. (e) A record of arrest, charges or disposition of a minor resulting in dismissal, declined prosecution or otherwise not resulting in a conviction or an adjudication of delinquency or an adjudication of being a child in need of supervision may be expunged in the same manner and subject to the same limitations as provided in subsection (a) of this section by petition to the court. (f) For purposes of this section, "expungement" means to permanently destroy or delete all records, including physical and electronic records, documents and images of documents. If a minor's name appears on a court list, index or other compilation containing other information not subject to expungement, "expungement" means to redact by obliterating the minor's name from the record. (g) After an order of expungement issued under this section, no record of the minor's identification may be retained by any law enforcement agency, the juvenile court, or by any municipal court, circuit court or any state agency or department except as follows: (i) An agency may retain records to comply with federal reporting requirements. Records kept under this paragraph shall not be otherwise disclosed or released except for the federal reporting purposes and shall be expunged within ten (10) years of the completion of the initial court case; (ii) Expungement of electronic records in a backup database may be completed upon restoration of the backup database, provided that the backup database is not accessible until restored. Any law enforcement agency, court or state agency subject to this paragraph shall implement policies and procedures to ensure expungement of records following restoration of a backup database. (h) The state or municipality may petition the court for the expungement of a record in the juvenile court, circuit court or municipal court pursuant to subsections (a) through (c) of this section, upon the person who was adjudicated delinquent or convicted reaching the age of majority. (j) No filing fee shall be required for a petition for the expungement of a juvenile record under this section.

Wyo. Stat. Ann. § 14-6-242 Liability for contempt; penalties.

Notwithstanding any other provision of law, the court upon its own motion or upon the motion of the district or county attorney, or guardian ad litem, may find that the child, child's parent, parents, or guardian or any other person who willfully violates, or neglects or refuses to obey or perform any order or provision of this act is liable for contempt of court and may be fined not more than five hundred dollars ($500.00) or incarcerated not more than ninety (90) days, or both.

Wyo. Stat. Ann. § 14-6-243 Separate docket for juvenile cases; availability of records for statistics.

The clerk of the court shall maintain a separate docket for juvenile cases and record therein the case number, the offense charged, the age of the child involved and the disposition made. The records shall be made available for statistical purposes provided the names of the offenders are not revealed unless the offender was adjudicated delinquent for commission of a violent felony as defined by W.S. 6-1-104(a)(xii).

Wyo. Stat. Ann. § 14-6-244 Parental liability for failure to exercise reasonable control and authority.

(a) A parent or guardian having custody of a child shall exercise such parental control and authority over the child as is reasonably necessary to prevent the child from engaging in delinquent acts. (b) If the court finds at the hearing of a juvenile petition that the parent or guardian having custody of the child has failed or neglected to subject the juvenile to reasonable parental control and authority, and that such failure or neglect is the proximate cause of the act or acts of the juvenile upon which a finding of delinquency is based, the court may, if the child is placed on probation, require the parent or guardian to furnish a cash deposit or bond in an amount not to exceed five hundred dollars ($500.00), conditioned upon the faithful discharge of the conditions of the child's probation. (c) The court may declare all or part of a cash deposit or bond posted under subsection (b) of this section forfeited if: (i) The juvenile commits a subsequent delinquent act or is found to be in contempt of court or to have violated the terms of his probation; and (ii) The court, after hearing, finds that the child's act was proximately caused by the failure or neglect of the parent or guardian to subject the juvenile to reasonable parental control and authority, including, but not limited to, enforcement of curfew, home detention, school attendance, or other conditions of probation. (d) Funds received upon forfeiture of a cash deposit or bond under subsection (c) of this section shall be applied in payment of damages, if any, which may have been caused by the juvenile. The balance of the proceeds shall be retained by the court to apply to any future damages resulting from the act or acts of the juvenile until the juvenile reaches eighteen (18) years of age at which time any remaining proceeds shall be returned to the parent or guardian. (e) The provisions of this section as it relates to the failure or neglect of a parent or guardian to subject a child to reasonable parental control and authority, are in addition to and not in substitution for any other requirements of law. The provisions of this section shall not apply to foster parents.

Wyo. Stat. Ann. § 14-6-245 Progressive sanction guidelines.

(a) The purpose of the progressive sanctions guidelines authorized by W.S. 14-6-245 through 14-6-252 are to: (i) Ensure that juvenile offenders face uniform and consistent consequences and punishments that correspond to the seriousness of each offender's current offense, prior delinquent history, special treatment or training needs and effectiveness of prior interventions; (ii) Balance public protection and rehabilitation while holding juvenile offenders accountable; (iii) Permit flexibility in the decisions made in relation to the juvenile offender to the extent allowed by law; (iv) Consider the juvenile offender's circumstances; and (v) Improve juvenile justice planning and resource allocation by ensuring uniform and consistent reporting of disposition decisions at all levels.

Wyo. Stat. Ann. § 14-6-246 Sanction levels.

(a) Subject to subsection (c) of this section, when a child is adjudicated as a delinquent the juvenile court may, in a disposition hearing, assign the child one (1) of the following sanction levels according to the child's conduct: (i) For a misdemeanor punishable under the Wyoming Criminal Code by imprisonment for not more than six (6) months, the sanction level is one; (ii) For a misdemeanor punishable under the Wyoming Criminal Code by imprisonment for not more than one (1) year, the sanction level is two; (iii) For a felony, other than a violent felony as defined by W.S. 6-1-104(a)(xii), the sanction level is three; (iv) For a violent felony as defined by W.S. 6-1-104(a)(xii), other than a felony punishable by life, life without parole or death, the sanction level is four; (v) For a felony punishable under the Wyoming Criminal Code by life, life without parole or death, the sanction level is five. (b) Subject to subsection (c) of this section, if the child's subsequent adjudication of delinquent conduct involves a violation of the Wyoming Criminal Code that is the same level of seriousness as the child's previous conduct, the juvenile court may assign the child a sanction level that is one (1) level higher than the previously assigned sanction level, unless the child's previously assigned sanction level is five. (c) If the court determines that a child assigned a sanction level of one through four has violated a condition imposed under that sanction level, the court shall conduct a new disposition hearing and may assign the child a sanction level that is one (1) level higher than the previously assigned sanction level. (d) If the juvenile court deviates from the guidelines under this section it shall state in writing its reasons for the deviation and enter the statement into the record. Nothing in W.S. 14-6-245 through 14-6-252 prohibits the imposition of appropriate sanctions that are different from those provided at any sanction level.

Wyo. Stat. Ann. § 14-6-247 Sanctions common to all levels.

(a) For a child at any sanction level, the juvenile court may: (i) Transfer temporary legal custody to a relative, other suitable adult, state agency or local public agency the court finds qualified to receive and care for the child, subject to terms and conditions prescribed by the court; (ii) Commit the child to a suitable certified hospital willing to accept the child for not more than ninety (90) days for treatment for substance abuse or for specialized treatment and rehabilitation programs conducted especially for juveniles; (iii) Commit the child to a juvenile detention facility for not more than six (6) months, if the adjudicated delinquent has attained the age of twelve (12) years; (iv) Require the delinquent to participate in a teen court program pursuant to W.S. 7-13-1205; (v) Require the child and his parents or guardian to make restitution for any damage or loss caused by the child's wrongful act, except that the liability of the parent or guardian shall not exceed the limit established by W.S. 14-2-203; (vi) Impose a fine within the limits of law for an offense or misconduct by the child where a fine might be imposed by another court in this state having jurisdiction thereof. Fines shall be paid to the clerk of court for deposit to the public school fund of the county in which the fine was assessed as provided by law; (vii) Require a child, within the limits of applicable laws and regulations governing child labor, to perform a designated number of hours of community service, to participate in a work program or to perform labor or services under the supervision of a responsible adult designated by the court. Any order shall enable the child to meet the obligations imposed pursuant to this act or for the purpose of discipline and rehabilitation when deemed necessary or desirable by the court; (viii) Order the child to be examined or treated by a physician, surgeon, psychiatrist or psychologist or to obtain other specialized treatment, care, counseling or training, and place the child in a hospital or medical facility, youth camp, school or other suitable facility for treatment; (ix) Restrict or restrain the child's driving privileges for a period of time the court deems appropriate. If necessary to enforce the restrictions, the court may take possession of the child's driver's license; (x) Impose any demands, requirements, limitations, restrictions or restraints on the child, and do all things with regard to the child that his parents might reasonably and lawfully do under similar circumstances; (xi) Order the child, his parents, or the guardian, to undergo evaluation and indicated treatment or another program designed to address problems which contributed to the adjudication. A parent or guardian who willfully violates or neglects or refuses to comply with any order of the court may be found in contempt and punished as provided by W.S. 14-6-242; (xii) After notice to appear, order the child's custodial and noncustodial parent or guardian to participate in the child's treatment or plan of supervision or probation, or otherwise order the performance of any acts which are reasonably necessary to aid the juvenile in completion of court ordered obligations; (xiii) Subject to subsection (b) of this section, impose any one (1) or more of the following requirements upon the child's parents or guardian if the court, after hearing, finds that the child's act was proximately caused by the failure or neglect of the parent or guardian to subject the child to reasonable parental control and authority: (A) Order the child's parents or guardian to pay all or part of any fine imposed under paragraph (vi) of this subsection; (B) Require the child's parents or guardian to perform community service with the child; (C) Require the child's parents or guardian to attend parenting classes or other appropriate education or treatment program at their own expense. (xiv) Require the child or the child's parents or guardian and the child to participate in a court supervised treatment program qualified under W.S. 5-12-101 through 5-12-118, provided the court supervised treatment program accepts the child's parents or guardian and the child for participation in its program. (b) In any proceeding to impose requirements under paragraph (a)(xiii) of this section, the child's parents or guardian may raise as an affirmative defense that they have made a good faith effort to prevent the child from engaging in delinquent conduct or engaging in conduct indicating a need for supervision and that, despite their efforts, the child continues to engage in such conduct. (c) For a child at any sanction level, the juvenile court shall inform the child of the progressive sanctions that may be imposed on the child if the child continues to engage in delinquent conduct. (d) If the juvenile court places the child on probation at any sanction level, the juvenile court shall discharge the child from the custody of the probation department on the date the provisions of this section are met or on the child's twenty-first birthday, whichever is earlier.

Wyo. Stat. Ann. § 14-6-248 Sanction level one.

(a) For a child at sanction level one, the juvenile court may: (i) Place the child on probation for not less than three (3) months nor more than six (6) months; (ii) Require the child's parents or guardians to identify restrictions the parents or guardians shall impose on the child's activities and requirements the parents or guardians shall set for the child's behavior; (iii) Refer the child to a community-based youth intervention program designated by the court; (iv) Impose any other sanction or condition listed by W.S. 14-6-247.

Wyo. Stat. Ann. § 14-6-249 Sanction level two.

(a) For a child at sanction level two, the juvenile court may: (i) Place the child on probation for not less than six (6) months; (ii) Impose specific restrictions on the child's activities and requirements on the child's behavior as conditions of probation; (iii) Require a probation officer to closely monitor the child's activities and behavior; (iv) Impose any other sanction or condition listed by W.S. 14-6-247.

Wyo. Stat. Ann. § 14-6-250 Sanction level three.

(a) For a child at sanction level three, the juvenile court may: (i) Require the child to participate as a condition of probation for not less than three (3) months in a highly intensive and regimented residential program, operated by the department or by a private entity, that emphasizes discipline, physical fitness, social responsibility and productive work; (ii) After release from the program described by paragraph (i) of this subsection, continue the child on probation supervision for not less than six (6) months nor more than twelve (12) months; (iii) Impose highly structured restrictions on the child's activities and requirements for behavior of the child as conditions of probation; (iv) Require a probation officer to closely monitor the child; (v) Impose any other sanction or condition listed by W.S. 14-6-247.

Wyo. Stat. Ann. § 14-6-251 Sanction level four.

(a) For a child at sanction level four, the juvenile court may: (i) Commit a child who has attained the age of twelve (12) years to the Wyoming boys' school or the Wyoming girls' school for an indefinite term, provided: (A) On release of the child from the Wyoming boys' school or the Wyoming girls' school, the juvenile court may: (I) Impose highly structured restrictions on the child's activities and requirements for behavior of the child as conditions of release under supervision; (II) Require a probation officer to closely monitor the child for not less than six (6) months; and (III) Impose any other appropriate conditions of supervision. (ii) Impose any other sanction or condition listed by W.S. 14-6-247.

Wyo. Stat. Ann. § 14-6-252 Sanction level five.

(a) For a child at sanction level five, the juvenile court may: (i) Commit a child who has attained the age of twelve (12) years to the Wyoming boys' school or the Wyoming girls' school for an indefinite term, provided: (A) On release of the child from the Wyoming boys' school or the Wyoming girls' school, the juvenile court may: (I) Impose highly structured restrictions on the child's activities and requirements for behavior of the child as conditions of release under supervision; (II) Require a probation officer to closely monitor the child for not less than twelve (12) months; and (III) Impose any other appropriate conditions of supervision. (ii) Impose any other sanction or condition listed by W.S. 14-6-247.

Wyo. Stat. Ann. § 14-6-301 Definitions.

(a) As used in W.S. 14-6-301 through 14-6-314: (i) "Department" means the department of family services; (ii) "Home leave" means a form of temporary release for a youth from an institution, which is subject to conditions imposed by the institution or juvenile court of jurisdiction; (iii) "Institution" means the Wyoming boys' school, Wyoming girls' school and any other state institution, including a youth correctional facility operated by a private entity in which a Wyoming youth is placed pursuant to W.S. 14-6-201 through 14-6-252; (iv) "Peace officer" means as defined by W.S. 7-2-101(a)(iv); (v) "Probation" means a legal status created by court order following an adjudication of delinquency, a status offense or in need of supervision, where a child is permitted to remain in the child's home subject to supervision by a city, county or state probation officer, the department of family services or other qualified private organization the court may designate. A child is subject to return to the court for violation of the terms or conditions of probation provided for in the court order; (vi) "Probation officer" means a department of family services employee assigned and trained in the performance of probation supervision services pursuant to department rules and regulations, or a local, county or private agency assigned by a juvenile court to perform probation supervision services; (vii) "Probationer" means an adjudicated youth granted probation by the sentencing juvenile court; (viii) "Intensive supervision program" means a program established under W.S. 14-6-309 which allows participants to live or work in the community under close supervision methods.

Wyo. Stat. Ann. § 14-6-302 General powers.

(a) The department of family services shall adopt reasonable rules and regulations necessary to carry out the provisions of W.S. 14-6-301 through 14-6-314 including policy relating to: (i) The conduct of predisposition reports, social summaries, multidisciplinary team reviews, case plan development, hearings and interviews; (ii) Home leave applications and procedures; (iii) The duties of department probation officers.

Wyo. Stat. Ann. § 14-6-303 Home leave eligibility and return to institutions.

(a) In granting a home leave, the institution shall fix terms and conditions it deems proper to govern the conduct of the youth while the home leave is in effect. The terms and conditions may be special in each case or may be prescribed by general rules and regulations of the department of family services in consultation with the institution. (b) No youth granted a home leave shall be released from an institution until the youth has signed an agreement that the youth will comply with the terms and conditions under which the youth has been released and abide by the laws of the state. The agreement shall be retained in the records of the institution. In addition, no youth shall be granted a home leave until the institution makes a reasonable effort to notify the department of family services' office nearest the site of the home leave. (c) A youth on home leave remains in the legal custody and under the control of the department and may be returned to the institution from which the youth was granted home leave for violation of a condition of home leave. (d) Unless otherwise placed by the department, a home leave violator shall be returned to the institution from which the youth was granted home leave.

Wyo. Stat. Ann. § 14-6-304 Duties of probation officers.

(a) Under direction and supervision of the director of the department or division administrators, the designated department probation officers shall: (i) Investigate all cases referred by the juvenile court, the department or an institution, and report to the court, department or institution in writing; (ii) Furnish to each person released on probation or home leave under his supervision a written statement of the conditions of the probation or home leave and instruct the youth regarding the conditions; (iii) Supervise the conduct of each youth on probation or home leave through personal visits, reports and other appropriate means, and report in writing as often as required by the juvenile court, department or institution; (iv) Use all practical and suitable methods, not inconsistent with the conditions imposed by the juvenile court, department or institution, to aid and encourage a youth on probation or home leave to bring about improvement in their conditions and conduct; (v) Repealed By Laws 2013, Ch. 193, § 2. (b) Under the direction and supervision of the juvenile court, a local, county or private agency assigned probation supervision services may perform all duties designated in subsection (a) of this section.

Wyo. Stat. Ann. § 14-6-305 Repealed By Laws 2013, Ch. 193, § 2.

Wyo. Stat. Ann. § 14-6-306 Disclosure of information and data.

All information and data obtained in the discharge of official duties by the supervising probation officer is privileged information and shall not be disclosed directly or indirectly to anyone other than to the juvenile court, department of family services, department of education, department of health or to others entitled to receive reports as ordered by the court, such as multidisciplinary teams.

Wyo. Stat. Ann. § 14-6-307 Selection of other agencies.

(a) In order to further the objectives of W.S. 14-6-301 through 14-6-308, the department or the juvenile court may appoint a local, county or private agency which, acting under supervision, may: (i) Advise and assist the supervising probation officer with special reference to vocational and technical education services for youth on probation or home leave; (ii) Maintain liaison with all appropriate municipal, county, state and federal agencies whose services aid in the reintegration of youth into society; (iii) Assist in programs relating to the social, health and psychological needs of youth under probation supervision or home leave. (b) Agencies appointed under this section shall not: (i) Have the power of arrest or the right to execute legal process; (ii) Receive compensation from the state. At the discretion of the probation officer or juvenile court, however, agencies may be reimbursed for necessary and actual expenses incurred in performing the duties described in this section.

Wyo. Stat. Ann. § 14-6-308 Applicability of Interstate Compact on Juveniles.

(a) The provisions of the Interstate Compact on Juveniles for supervision of youth placed on probation, W.S. 14-6-101, shall govern in all cases in which a juvenile court of this state grants a probationer permission to leave this state to reside in any other state signatory to the compact. Permission shall not be granted to the probationer to reside in another signatory state without the consent of that signatory state. (b) Upon the request of the juvenile court granting probation, the state compact administrator shall apply to the proper authorities of the signatory state for its consent to sending the probationer there.

Wyo. Stat. Ann. § 14-6-309 Authority to establish an intensive supervision program; rulemaking authority.

(a) The department is authorized to adopt reasonable rules and regulations to establish an intensive supervision program for juvenile probationers. (b) An intensive supervision program established under this article may require: (i) Electronic monitoring, regimented daily schedules or itineraries, house arrest, telephone contact, drug testing, curfew checks or other supervision methods which facilitate contact with supervisory personnel; (ii) Community service work, family, educational or vocational counseling, treatment for substance abuse, mental health treatment and monitoring of restitution orders and fines previously imposed on the participant; and (iii) Imposition of supervision fees to be paid by participants. (c) Subject to legislative appropriation the department may, by negotiation without competitive bid or by competitive bidding, contract with any governmental or nongovernmental entity to provide services required to carry out the provisions of this article. (d) The department shall have general supervisory authority over all juvenile probationers participating in an intensive supervision program under this article.

Wyo. Stat. Ann. § 14-6-310 Program participation not a matter of right.

(a) Participation in an intensive supervision program authorized by this article is a matter of discretion and not of right. (b) No juvenile probationer shall be allowed to participate in an intensive supervision program authorized by this article unless the probationer signs an intensive supervised probation agreement to abide by the terms of all the rules and regulations of the department relating to the operation of the program and agrees to submit to administrative sanctions which may be imposed under W.S. 14-6-314.

Wyo. Stat. Ann. § 14-6-311 Program participation as a condition of release from placement.

(a) The department may, as a condition of release from court-ordered placement and if authorized by the court, require a juvenile probationer to participate in an intensive supervision program established under this article, provided: (i) Space and funding are available for the probationer's participation in the program; (ii) The department determines the probationer has a reasonable likelihood of successfully participating in the program.

Wyo. Stat. Ann. § 14-6-312 Placement of probationer in program by juvenile court.

(a) A juvenile court may, as a condition of probation, order that a juvenile who has been adjudicated delinquent participate in an intensive supervision program established under this article, provided: (i) Space is available in the program; (ii) The juvenile probationer agrees to participate in the program; (iii) The department determines the probationer has a reasonable likelihood of successfully participating in the program; and (iv) The legislature has specifically appropriated funds or other grants and aid payments authorized for this program are available to pay for the probationer's participation in the program. (b) The department shall be responsible for including in the predispositional study to the juvenile court any recommendations for the utilization of an intensive supervision program created under this article.

Wyo. Stat. Ann. § 14-6-313 Program participation as an alternative to probation revocation.

(a) The department may, as an alternative to recommending revocation of probation, offer any juvenile probationer who is not already participating in an intensive supervision program the opportunity to participate in a program authorized under this article, provided: (i) Space and funding are available for the probationer's participation in the program; (ii) The department determines the probationer has a reasonable likelihood of successfully participating in the program; (iii) The probationer agrees to participate in the program; and (iv) The department shall notify the juvenile court and the prosecuting attorney of the probationer's agreement to participate in an intensive supervision program and provide a copy of the signed agreement to the juvenile court and the prosecuting attorney.

Wyo. Stat. Ann. § 14-6-314 Administrative sanctions for program violations.

(a) The department is authorized to establish by rule and regulation a system of administrative sanctions as an alternative to probation revocation for juvenile probationers who violate the rules and restrictions of an intensive supervision program established under this article. (b) Authorized sanctions may include: (i) Loss or restriction of privileges; and (ii) Community service.

Wyo. Stat. Ann. § 14-6-401 Short title.

(a) This act shall be known and may be cited as the "Children In Need of Supervision Act." (b) If a child alleged of being in need of supervision under this act 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. If any provision of this act conflicts with the Wyoming Indian Child Welfare Act for addressing an allegation of a child being in need of supervision, the Wyoming Indian Child Welfare Act shall control.

Wyo. Stat. Ann. § 14-6-402 Definitions.

(a) As used in this act: (i) "Adjudication" means a finding by the court or the jury, incorporated in a decree, as to the truth of the facts alleged in the petition; (ii) "Adult" means an individual who has attained the age of majority; (iii) "Child" means an individual who is under the age of majority; (iv) "Child in need of supervision" means any child who has not reached his eighteenth birthday who is habitually truant as defined in W.S. 21-4-101(a)(ii) or has run away from home or habitually disobeys reasonable and lawful demands of his parents, guardian, custodian or other proper authority or is ungovernable and beyond control. "Child in need of supervision" includes any child who has not reached his eighteenth birthday who has committed a status offense; (v) "Clerk" means the clerk of a district court acting as the clerk of a juvenile court; (vi) "Commissioner" means a district court commissioner; (vii) "Court" means the juvenile court established by W.S. 5-8-101; (viii) "Custodian" means a person, institution or agency responsible for the child's welfare and having legal custody of a child by court order or having actual physical custody and control of a child and acting in loco parentis; (ix) "Deprivation of custody" means transfer of legal custody by the court from a parent or previous legal custodian to another person, agency, organization or institution; (x) "Detention" means the temporary care of a child in physically restricting facilities pending court disposition or execution of a court order for placement or commitment; (xi) "Judge" means the judge of the juvenile court; (xii) "Legal custody" means a legal status created by court order which vests in a custodian the right to have physical custody of a minor, the right and duty to protect, train and discipline a minor, the duty to provide him with food, shelter, clothing, ordinary medical care, education and in an emergency, the right and duty to authorize surgery or other extraordinary medical care. The rights and duties of legal custody are subject to the rights and duties of the guardian of the person of the minor, and to residual parental rights and duties; (xiii) "Minor" means an individual who is under the age of majority; (xiv) "Parent" means either a natural or adoptive parent of the child, a person adjudged the parent of the child in judicial proceedings or a man presumed to be the father under W.S. 14-2-504; (xv) "Parties" include the child, his parents, guardian or custodian, the state of Wyoming and any other person made a party by an order to appear, or named by the juvenile court; (xvi) "Probation" means a legal status created by court order following an adjudication of in need of supervision, where a child is permitted to remain in his home subject to supervision by a city, county or state probation officer, the department of family services or other qualified private organization the court may designate. A child is subject to return to the court for violation of the terms or conditions of probation provided for in the court order; (xvii) "Protective supervision" means a legal status created by court order following an adjudication of neglect, whereby the child is permitted to remain in his home subject to supervision by the department of family services, a county or state probation officer or other qualified agency or individual the court may designate; (xviii) "Residual parental rights and duties" means those rights and duties remaining with the parents after 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. (xix) "Shelter care" means the temporary care of a child in physically unrestricting facilities pending court disposition or execution of a court order for placement or commitment; (xx) "Status offense" means an offense which, if committed by an adult, would not constitute an act punishable as a criminal offense by the laws of this state or a violation of a municipal ordinance, but does not include a violation of W.S. 12-6-101(b) or (c); (xxi) "This act" means W.S. 14-6-401 through 14-6-440; (xxii) "Substance use disorder assessment" means an evaluation conducted by a qualified person using practices and procedures approved by the department of health to determine whether a person has a need for alcohol or other drug treatment and the level of treatment services required to treat that person; (xxiii) "Another planned permanent living arrangement" means a permanency plan for youth sixteen (16) years of age or older other than reunification, adoption, legal guardianship or placement with a fit and willing relative; (xxiv) "Qualified individual" means a person who meets the requirements of 42 U.S.C. § 675a(c)(1)(D); (xxv) "Qualified residential treatment program" means a program that meets the requirements of 42 U.S.C. § 672(k)(4).

Wyo. Stat. Ann. § 14-6-403 Juvenile court authority over certain issues.

(a) Coincident with proceedings concerning a minor alleged to be in need of supervision and subject to the Wyoming Indian Child Welfare Act, the court has jurisdiction to: (i) Determine questions concerning the right to legal custody of the minor; (ii) Order any party to the proceedings to perform any acts, duties and responsibilities the court deems necessary; or (iii) Order any party to the proceedings to refrain from any act or conduct the court deems detrimental to the best interest and welfare of the minor or essential to the enforcement of any lawful order of disposition of the minor made by the court. (b) Nothing contained in this act is construed to deprive the district court of jurisdiction to determine questions of custody, parental rights, guardianship or any other questions involving minors, when the questions are the subject of or incidental to suits or actions commenced in or transferred to the district court as provided by law.

Wyo. Stat. Ann. § 14-6-404 Venue; change of venue or judge.

Proceedings under this act may be commenced in the county where the child is living or is present when the proceedings are commenced or in the county where the misconduct showing the child to be in need of supervision occurred. Change of venue or change of judge may be had under the circumstances and upon the terms and conditions provided by law in a civil action in the district court.

Wyo. Stat. Ann. § 14-6-405 Taking of child into custody; when permitted.

(a) A child may be taken into custody by a law enforcement officer without a warrant or court order when: (i) The circumstances would permit an arrest without a warrant under W.S. 7-2-102; (ii) There are reasonable grounds to believe the child has violated the terms of an order of the juvenile court issued pursuant to this act; (iii) There are reasonable grounds to believe a child is abandoned, lost, suffering from illness or injury or seriously endangered by his surroundings and immediate custody appears to be necessary for his protection; (iv) The child's conduct or behavior seriously endangers himself and immediate custody appears necessary; or (v) There are reasonable grounds to believe the child has run away from his parents, guardian or custodian.

Wyo. Stat. Ann. § 14-6-406 Child in custody; no detention or shelter care placement without court order; exceptions; notice to parent or guardian; release.

(a) A child taken into custody shall not be placed in detention or shelter care without a court order unless shelter care is required to: (i) Protect the child's person; (ii) Prevent the child from being removed from the jurisdiction of the court; or (iii) Provide the child having no parent, guardian, custodian or other responsible adult with supervision and care and return him to the court when required. (b) Any person taking a child into custody shall as soon as possible notify the child's parent, guardian or custodian. Unless the child's detention or shelter care is authorized by a court order issued pursuant to this act or required for one (1) of the reasons in subsection (a) of this section, the child shall be released to the care of his parent, guardian, custodian or other responsible adult upon that person's written promise to present the child before the court upon request.

Wyo. Stat. Ann. § 14-6-407 Detention or shelter care; delivery of child pending hearing; placing children; notice if no court order.

(a) If detention or shelter care of a child appears necessary to the person taking custody of the child, the child shall be delivered as soon as possible to the court or to the detention or shelter care facility designated by the court pending a hearing. (b) In providing detention or shelter care placement: (i) A child alleged to be in need of supervision shall be placed for detention or shelter care in the least restrictive environment reasonably available, which may be a foster home or other child care facility certified by the department of family services or approved by the court; (ii) If facilities or services are not immediately available to house and protect the child, the judge may order the child held in a temporary holding area at the local law enforcement complex. No child in need of supervision shall be placed in a jail, but may be placed in a juvenile detention facility if the child has been adjudicated under article 2 of this chapter for having committed a delinquent act; (iii) A child alleged to be in need of supervision shall, if necessary, be detained in a separate detention home or facility, provided the child shall not be detained in the Wyoming boys' school or the Wyoming girls' school. (c) The person in charge of any detention or shelter care facility shall promptly notify the court and the district attorney of any child being cared for at the facility without a court order and shall deliver the child to the court upon request.

Wyo. Stat. Ann. § 14-6-408 Notice of detention or shelter care to be given district attorney; written statement required; duty of district attorney.

Wyo. Stat. Ann. § 14-6-409 Taking of child into custody; informal hearing where no court order; conditional release; evidence; rehearing.

(a) When a child is placed in detention or shelter care without a court order, a petition as provided in W.S. 14-6-412 shall be promptly filed and presented to the court. An informal detention or shelter care hearing shall be held as soon as reasonably possible not later than forty-eight (48) hours, excluding weekends and legal holidays, after the child is taken into custody to determine if further detention or shelter care is required pending further court action. The child shall be interviewed by the department or its designee prior to the detention or shelter care hearing, but in no event later than twenty-four (24) hours, excluding weekends and legal holidays, after the child is taken into custody. The department or its designee shall submit a written report of the interview to the court, including an assessment of the immediate needs of the child and a recommendation for the most appropriate placement for the child pending court disposition or execution of a court order for placement or commitment. Written notice stating the time, place and purpose of the hearing shall be given to the child and to his parents, guardian or custodian. (b) At the commencement of the hearing the judge shall advise the child and his parents, guardian or custodian of: (i) The contents of the petition and the nature of the allegations contained therein; (ii) Their right to counsel as provided in W.S. 14-6-422; (iii) The right to confront and cross-examine witnesses or to present witnesses or evidence in their own behalf and the right to issuance of process by the court to compel the appearance of witnesses and the production of evidence; (iv) The right to a jury trial as provided in W.S. 14-6-423; and (v) The right to appeal as provided in W.S. 14-6-432. (c) The child shall be given an opportunity to admit or deny the allegations in the petition. If the allegations are admitted, the court shall make the appropriate adjudication and may proceed immediately to a disposition of the case, provided the court has the predisposition report and multidisciplinary recommendations, in accordance with the provisions of W.S. 14-6-429, except that a commissioner acting in the absence or incapacity of the judge may take testimony to establish a factual basis and accept an admission and perform all other requirements of the initial hearing but shall not proceed to disposition. If denied, the court shall set a time not to exceed sixty (60) days for an adjudicatory hearing, unless the court finds good cause to delay or postpone the hearing. In no case shall the court hold the adjudicatory hearing more than ninety (90) days after the date the petition is filed. (d) Regardless of whether the allegations in the petition are admitted or denied, the court shall determine whether or not the child's full-time detention or shelter care is required pending further proceedings. If the court finds that returning the child to the home is contrary to the welfare of the child, the court shall enter the finding on the record and order the child placed in the legal custody of the department of family services. The court shall explain the terms of the court order to the child, his parents or legal guardian and any other person the court deems necessary. If the court finds that full-time detention or shelter care is not required, the court shall order the child released and may impose one (1) or more of the following conditions: (i) Place the child in the custody and supervision of his parents, guardian or custodian, under the protective supervision of the department of family services or under the supervision of any individual or organization approved by the court that agrees to supervise the child; (ii) Place restrictions on the child's travel, associates, activities or place of abode during the period of his release, including a requirement that the child return to the physical custody of his parents, guardian or custodian at specified hours; or (iii) Impose any other terms and conditions of release deemed reasonably necessary to assure the appearance of the child at subsequent proceedings or necessary to his protection from harm. (e) All relevant and material evidence helpful in determining the need for detention or shelter care may be admitted by the court even though not competent in an adjudicatory hearing on the allegations of the petition. (f) If a child is not released after a detention or shelter care hearing and it appears by sworn statement of the parents, guardian or custodian that they did not receive notice and did not waive notice and appearance at the hearing, the court shall rehear the matter without delay.

Wyo. Stat. Ann. § 14-6-410 Hearing conducted by commissioner; authority and duty; review by court.

(a) In the absence or incapacity of the judge, the detention or shelter care hearing may be conducted by a district court commissioner of the county in which the child is being held in detention or shelter care. (b) The commissioner may make any order concerning the child's release, continued detention or shelter care as authorized to the judge under W.S. 14-6-409. If the child is not released after the hearing, the commissioner shall promptly file with the court a complete written resume of the evidence adduced at the hearing and his reasons for not releasing the child. The commissioner shall conduct the hearing pursuant to W.S. 14-6-409 except that, if a child who has been advised of his rights wishes to admit the allegations, the commissioner may take testimony to establish a factual basis and accept the admission and perform all other requirements of the initial hearing but shall not proceed to disposition. The hearing shall be conducted in the presence of counsel and guardian ad litem, if so appointed. The commissioner may also appoint counsel, appoint a guardian ad litem, order a predisposition report, appoint a multidisciplinary team, issue subpoenas or search warrants, order physical or medical examinations and authorize emergency medical, surgical or dental treatment all as provided in this act. The commissioner shall not make final orders of adjudication or disposition. (c) The court shall review the reports, orders and actions of the commissioner as soon as reasonably possible and confirm or modify the commissioner's orders and actions as it deems appropriate.

Wyo. Stat. Ann. § 14-6-411 Complaints alleging child in need of supervision; investigation and determination by district attorney.

(a) Complaints alleging a child is in need of supervision shall be referred to the office of the district attorney. The district attorney shall determine whether the best interest of the child requires that judicial action be taken. The department of family services and the county sheriff shall provide the district attorney with any assistance he may require in making an investigation. The district attorney shall prepare and file a petition with the court if he believes action is necessary to protect the interest of the child. (b) In determining the action necessary to protect the interest of the public or the child with regard to a petition alleging a child in need of supervision, the prosecuting attorney shall consider the following: (i) Alternative community programs; (ii) Mental health counseling services available to the family; (iii) Family preservation services offered by the department of family services; (iv) Enforcement of compulsory attendance requirements under W.S. 21-4-101 through 21-4-107; (v) Municipal and circuit court remedies; (vi) If the child has reached his sixteenth birthday, whether or not the child presents a clear and present danger to himself, his family or the community.

Wyo. Stat. Ann. § 14-6-412 Commencement of proceedings; contents of petition.

(a) Proceedings in juvenile court are commenced by filing a petition with the clerk of the court. The petition and all subsequent pleadings, motions, orders and decrees shall be entitled "State of Wyoming, In the Interest of ...., minor." A petition shall be signed by the district attorney on information and belief of the alleged facts. All petitions must be verified. (b) The petition shall set forth all jurisdictional facts, including but not limited to all of the following: (i) The child's name, date of birth and address; (ii) The names and addresses of the child's parents, guardian or custodian and the child's spouse, if any; (iii) Whether the child is being held in detention or shelter care and if so, the name and address of the facility and the time shelter care commenced; (iv) A statement setting forth with particularity the facts which bring the child within the provisions of this act; (v) Whether the child is an Indian child as defined in the federal Indian Child Welfare Act or as defined by W.S. 14-6-702(a)(iv) and, if so, a statement setting forth with particularity the notice provided to the appropriate tribe and to any other person or entity entitled to notice under the Wyoming Indian Child Welfare Act. (c) The petition shall state if any of the facts enumerated in subsection (b) of this section are unknown.

Wyo. Stat. Ann. § 14-6-413 Order to appear; contents thereof; when child taken into immediate custody; waiver of service.

(a) After a petition is filed, the court shall issue an order to appear. The order shall: (i) State the name of the court, the title of the proceedings and the time and place for the initial hearing; (ii) Direct the persons named therein to appear personally at the hearing and direct the person having actual physical custody or control of the child to present the child before the court at the hearing; (iii) Be directed to the child, the child's parents, guardian, custodian and the child's spouse, if any, and to any other person the court deems necessary. (b) If it appears to the court by affidavit by the district attorney based on actual knowledge or on information and belief that the conduct, condition or surroundings of the child seriously endanger the child's health or welfare, that the child may abscond or be removed from the jurisdiction of the court or that the child will not be brought before the court notwithstanding service of the order, the court may direct in the order to appear that the person serving the order take the child into immediate custody and bring him before the court. (c) Service of the order may be waived either in writing or by voluntary appearance at the hearing, provided a child may waive service of the order only with the consent of his parents, guardian, custodian, guardian ad litem or counsel.

Wyo. Stat. Ann. § 14-6-414 Service of process; order of custody.

(a) In proceedings under this act, service of order to appear or other process within the state shall be made by the sheriff of the county where service is made, by his undersheriff or deputy or by any law enforcement officer or responsible adult not a party to the proceeding and appointed by the clerk. (b) Within the state, service of order to appear is made by personally delivering a copy of the order together with a copy of the petition to the person ordered to appear, provided that parents of a child may both be served by personally delivering to either parent two (2) copies of the order and petition, one (1) copy for each parent. A child under the age of fourteen (14) years is served by delivering a copy of the order together with a copy of the petition to the child's parents, guardian, custodian or other adult having the actual physical custody and control of the child or to a guardian ad litem or attorney appointed for the child. (c) If it appears to the court by affidavit that the parents, guardian or custodian of the child cannot be found within the state, the court may order personal service outside the state or service by certified mail with return receipt requested signed by addressee only. If the address of the child's parents, guardian or custodian is unknown and cannot with reasonable diligence be ascertained, the court shall appoint a guardian ad litem to represent the child and to receive service of process. (d) Service by certified mail is complete on the date the clerk receives the return receipt signed by addressee. Personal service either within or outside the state is complete on the date when copies of the order to appear and petition are delivered to the person to be served. (e) When personal service of order to appear is made within the state, service shall be completed not less than two (2) days before the hearing and when made outside the state, service shall be completed not less than five (5) days before the hearing. However, notwithstanding any provision within this act, the court may order that a child be taken into custody as provided in W.S. 14-6-413 or that a child be held in detention or shelter care pending further proceedings as provided in W.S. 14-6-409, even though service of order to appear on the parents, guardian or custodian of the child is not complete at the time of making the order.

Wyo. Stat. Ann. § 14-6-415 Presence of parent, custodian or guardian at hearing; failure to appear; avoidance of service; issuance of bench warrant.

(a) The court shall insure the presence at any hearing of the parents, guardian or custodian of any child subject to the proceedings under this act. (b) Any person served with an order to appear as provided in W.S. 14-6-414 and without reasonable cause fails to appear, is liable for contempt of court and the court may issue a bench warrant to cause the person to be brought before the court. (c) If the child, his parents, guardian or custodian or any other person willfully avoids or refuses service of order to appear, or it appears to the court that service of the order will be ineffectual or that the welfare of the child requires that he be brought immediately into the custody of the court, a bench warrant may be issued by the court for the child or his parents, guardian, custodian or any person having the actual physical custody or control of the child.

Wyo. Stat. Ann. § 14-6-416 Appointment of guardian ad litem.

Wyo. Stat. Ann. § 14-6-417 Subpoenas for witnesses and evidence.

Wyo. Stat. Ann. § 14-6-418 Search warrant; when authorized; affidavit required; contents of affidavit and warrant; service and return.

(a) The court or a commissioner may issue a search warrant within the court's jurisdiction if it appears by application supported by affidavit of one (1) or more adults that a child is in need of supervision and the child is in hiding to avoid service of process or being taken into custody. (b) The affidavit shall be in writing, signed and affirmed by the affiant. The affidavit shall set forth: (i) The name and age of the child sought, provided that if the name or age of the child is unknown the affidavit shall set forth a description of the child sufficient to identify him with reasonable certainty and a statement that the affiant believes the child is of age to come within the provisions of this act; and (ii) The affiant's belief that the child sought is in need of supervision and is in hiding to avoid service of process or being taken into custody, and a statement of the facts upon which the belief is based. (c) The warrant may be directed to any law enforcement officer of the county or municipality in which the place or premises to be searched is located. The warrant shall: (i) Name or describe the child sought; (ii) Name the address or location and describe the place or premises to be searched; (iii) State the grounds for issuance of the warrant; (iv) Name the person or persons whose affidavit has been taken in support of the warrant; and (v) Authorize the officer to whom the warrant is directed to conduct the search and instruct him as to the disposition of the child if found, pending further proceedings by the court. (d) The officer making the search may enter the place or premises described in the warrant at any time with force if necessary, in order to remove the child. The officer conducting the search shall serve a copy of the warrant upon the person in possession of the place or premises searched and shall return the original warrant to the court showing his actions in the premises.

Wyo. Stat. Ann. § 14-6-419 Physical and mental examinations.

(a) Any time after the filing of a petition, on motion of the district attorney or the child's parents, guardian, custodian or attorney or on motion of the court, the court may order the child to be examined by a licensed and qualified physician, surgeon, psychiatrist, psychologist or licensed mental health professional designated by the court to aid in determining the physical and mental condition of the child. The examination shall be conducted on an outpatient basis, but the court may commit the child to a suitable medical facility or institution for examination if deemed necessary. Commitment for examination shall not exceed fifteen (15) days. Any time after the filing of a petition, the court on its own motion or on motion of the district attorney or the child's parents, guardian, custodian or attorney, may order the child's parents, guardians or other custodial members of the child's family to undergo a substance use disorder assessment at the expense of the child's parents, guardians or other custodial members of the child's family and to fully comply with all findings and recommendations set forth in the assessment. Failure to comply may result in contempt proceedings as set forth in W.S. 14-6-438. (b) If a child has been committed to a medical facility or institution for mental examination prior to adjudication of the petition and if it appears to the court from the mental examination that the child is competent to participate in further proceedings and is not mentally ill or intellectually disabled to a degree rendering the child subject to involuntary commitment to a residential treatment facility, the court shall order the child returned to the court without delay. (c) If it appears to the court by mental examination conducted before adjudication of the petition that a child alleged to be in need of supervision is incompetent to participate in further proceedings by reason of mental illness or intellectual disability to a degree rendering the child subject to involuntary commitment to a residential treatment facility, the court shall hold further proceedings under this act in abeyance. The district attorney shall then commence proceedings in the district court for commitment of the child to the appropriate institution as provided by law. (d) The juvenile court shall retain jurisdiction of the child on the petition pending final determination of the commitment proceedings in the district court. If proceedings in the district court commit the child to a facility or institution for treatment and care of people with mental illness or intellectual disability, the petition shall be dismissed and further proceedings under this act terminate. If proceedings in the district court determine the child does not have a mental illness or an intellectual disability to a degree rendering him subject to involuntary commitment, the court shall proceed to a final adjudication of the petition and disposition of the child under the provisions of this act.

Wyo. Stat. Ann. § 14-6-420 Emergency medical, surgical or dental examination or treatment.

Wyo. Stat. Ann. § 14-6-421 Reports of medical or mental examinations; use of results; copies.

The results of any medical or mental examination authorized or ordered by the court shall be reported to the court in writing and signed by the person making the examination. The results may not be considered by the court prior to adjudication but may be considered only in making a disposition under this act. Copies of the examination reports shall be made available to the child's parents, guardian, custodian or attorney upon request.

Wyo. Stat. Ann. § 14-6-422 Advising of right to counsel required; appointment of counsel; verification of financial condition.

(a) At their first appearance before the court the child and his parents, guardian or custodian shall be advised by the court of the child's right to be represented by counsel at every stage of the proceedings including appeal, and to employ counsel of their own choice. (b) The court shall upon request appoint counsel to represent the child if the child, his parents, guardian or custodian are unable to obtain counsel. If appointment of counsel is requested, the court shall require the child and his parents, guardian or custodian to verify their financial condition under oath, either by written affidavit signed and sworn to by the parties or by sworn testimony made a part of the record of the proceedings. The affidavit or sworn testimony shall state they are without sufficient money, property, assets or credit to employ counsel. The court may require further verification of financial condition if it deems necessary. If the child requests counsel and his parents, guardian, custodian or other person responsible for the child's support is able but unwilling to obtain counsel for the child, the court shall appoint counsel to represent the child and may direct reimbursement of counsel fees under W.S. 14-6-434. (c) The court may appoint counsel for any party when necessary in the interest of justice.

Wyo. Stat. Ann. § 14-6-423 Rights of parties generally; demand for and conduct of jury trial.

(a) A party to any proceeding under this act is entitled to: (i) A copy of all charges made against him; (ii) Confront and cross-examine adverse witnesses; (iii) Introduce evidence, present witnesses and otherwise be heard in his own behalf; and (iv) Issue of process by the court to compel the appearance of witnesses or the production of evidence. (b) A party against whom a petition has been filed or the district attorney may demand a trial by jury at an adjudicatory hearing. The jury shall be composed of jurors selected, qualified and compensated as provided by law for the trial of civil matters in the district court. The jury may also be selected from the prospective jurors on the base jury list residing within five (5) miles of the city or town where the trial is to be held, whichever the court directs. Demand for a jury trial must be made to the court not later than ten (10) days after the party making the demand is advised of his right to a jury trial. No deposit for jury fees is required. Failure of a party to demand a jury is a waiver of this right.

Wyo. Stat. Ann. § 14-6-424 Conduct of hearings generally; exclusion of general public and child; exceptions; consolidations permitted.

(a) Unless a jury trial is demanded, hearings under this act shall be conducted by the court without a jury in an informal but orderly manner and separate from other proceedings not included under this act. The district attorney shall present evidence in support of the petition and otherwise represent the state. If the allegations in the petition are denied, adjudicatory and disposition hearings shall be recorded by the court reporter or by electronic, mechanical or other appropriate means. (b) Except in hearings to declare a person in contempt of court, the general public are excluded from hearings under this act. Only the parties, counsel for the parties, jurors, witnesses, and other persons the court finds having a proper interest in the proceedings or in the work of the court shall be admitted. If the court finds it necessary in the best interest of the child, the child may be temporarily excluded from any hearing except while evidence is being received at an adjudicatory hearing in support of the allegations of his need for supervision. (c) Hearings on two (2) or more petitions may be consolidated for purposes of adjudication when the allegations in the petitions pertain to the same act constituting the alleged need for supervision. Separate hearings on the petitions may be held thereafter for purposes of disposition. (d) Repealed By Laws 2004, ch. 127, § 3.

Wyo. Stat. Ann. § 14-6-425 Burden of proof required; verdict of jury; effect thereof.

(a) Allegations that a child is in need of supervision must be proved beyond a reasonable doubt. (b) If trial by jury is demanded, the jury shall decide issues of fact raised by the petition and return its verdict as to the truth of the allegations contained in the petition. A finding by the jury that the allegations are true is a determination that judicial intervention is necessary for the best interest and welfare of the child.

Wyo. Stat. Ann. § 14-6-426 Initial appearance; adjudicatory hearing; entry of decree and disposition; evidentiary matters; continuance of disposition hearing.

(a) At their initial hearing, which may be held after a detention or shelter care hearing, the child and his parents, guardian or custodian shall be advised by the court of their rights under law and as provided in this act. They shall also be advised of the specific allegations in the petition and the child shall be given an opportunity to admit or deny them. They shall also be advised of the possible liability for costs of treatment or services pursuant to this act. It is not necessary at the initial appearance for the district attorney to establish probable cause to believe the allegations in the petition are true. When a detention or shelter care hearing is held in accordance with W.S. 14-6-409, a separate initial hearing is not required if the child and his parents, guardian or custodian were present at the detention or shelter care hearing and advised by the court as provided in this subsection. (b) If the allegations of the petition are denied, the court may, with consent of the parties, proceed immediately to hear evidence on the petition or it may set a later time not to exceed sixty (60) days for an adjudicatory hearing, unless the court finds good cause to delay or postpone the hearing. In no case shall the court hold the adjudicatory hearing more than ninety (90) days after the date the petition is filed. Only competent, relevant and material evidence shall be admissible at an adjudicatory hearing to determine the truth of the allegations in the petition. If after an adjudicatory hearing the court finds that the allegations in the petition are not established as required by this act, it shall dismiss the petition and order the child released from any detention or shelter care. (c) If after an adjudicatory hearing or a valid admission or confession the court or jury finds that a child is in need of supervision, it shall enter a decree to that effect stating the jurisdictional facts upon which the decree is based. It may then proceed immediately or at a postponed hearing within sixty (60) days to make proper disposition of the child, unless the court finds good cause to delay or postpone the hearing. (d) In detention or shelter care hearings or disposition hearings, all material and relevant evidence helpful in determining questions may be received by the court and relied upon for probative value. The parties or their counsel may examine and controvert written reports received as evidence and cross-examine persons making the reports. (e) On motion of any party or on its own motion, the court may continue a disposition hearing for a reasonable time not to exceed sixty (60) days to receive reports and other evidence bearing on the disposition to be made. The court shall make an appropriate order for detention or shelter care of the child or for his release from detention or shelter care subject to any terms and conditions the court deems necessary during the period of continuance. (f) At any time prior to disposition under W.S. 14-6-429, the court, on motion of any party or on its own motion, may reconsider its order regarding detention or shelter care or conditions of release made under W.S. 14-6-409 or 14-6-414.

Wyo. Stat. Ann. § 14-6-427 Predisposition studies and reports.

(a) After a petition is filed alleging the child is in need of supervision, the court shall order the department of family services to make a predisposition study and report. The court shall establish a deadline for completion of the report. While preparing the study the department shall consult with the child's school and school district to determine the child's educational needs. The study and report shall also cover: (i) The social history, environment and present condition of the child and his family; (ii) The performance of the child in school, including whether the child receives special education services and how his goals and objectives might be impacted by the court's disposition, provided the school receives authorization to share the information; (iii) The presence of child abuse and neglect or domestic violence histories, past acts of violence, learning disabilities, cognitive disabilities or physical impairments and the necessary services to accommodate the disabilities and impairments; (iv) The presence of any mental health or substance abuse risk factors, including current participation in counseling, therapy or treatment; and (v) Other matters relevant to treatment of the child, including any pertinent family information, or proper disposition of the case, including any information required by W.S. 21-13-315(d). (b) Within ten (10) days after a petition is filed alleging a child is in need of supervision, the court shall appoint a multidisciplinary team. Upon motion by a party, the court may add or dismiss a member of the multidisciplinary team. (c) The multidisciplinary team shall include the following: (i) The child's parent, parents or guardian; (ii) A representative of the school district who has direct knowledge of the child and, if the child receives special education, is a member of the child's individualized education plan team; (iii) A representative of the department of family services; (iv) The child's psychiatrist, psychologist or mental health professional; (v) The district attorney or his designee; (vi) The child's attorney or guardian ad litem, if one is appointed by the court; (vii) The volunteer lay advocate, if one is appointed by the court; and (viii) The foster parent. (d) In addition to the persons listed in subsection (c) of this section, the court may appoint one (1) or more of the following persons to the multidisciplinary team: (i) Repealed By Laws 2005, ch. 236, § 4. (ii) Repealed By Laws 2005, ch. 236, § 4. (iii) The child; (iv) A relative; (v) If the predispositional study indicates a parent or child has special needs, an appropriate representative of the department of health's substance abuse, mental health or developmental disabilities division who has knowledge of the services available in the state's system of care that are pertinent to those identified needs; (vi) Other professionals or persons who have particular knowledge relating to the child or his family, or expertise in children's services and the child's or parent's specific disability or special needs, including linguistic and cultural needs. (e) Before the first multidisciplinary team meeting, the department of family services shall provide each member of the multidisciplinary team with a brief summary of the case detailing the allegations in the petition that have been adjudicated, if any. The multidisciplinary team shall, as quickly as reasonably possible, review the child's personal and family history, school, mental health and department of family services records and any other pertinent information, for the purpose of making case planning recommendations. The team shall involve the child in the development of recommendations to the extent appropriate. (f) At the first multidisciplinary team meeting, the team shall formulate reasonable and attainable recommendations for the court outlining the goals or objectives the parents should be required to meet for the child to be returned to the home or for the case to be closed. At each subsequent meeting, the multidisciplinary team shall review the progress of the parents and the child, and shall reevaluate the plan ordered by the court. For cause, which shall be set forth with specificity, the multidisciplinary team may adjust its recommendations to the court with respect to the goals or objectives in the plan to effect the return of the child to the home or to close the case, or until ordered by the court in termination proceedings. In formulating recommendations, the multidisciplinary team shall give consideration to the best interest of the child, the best interest of the family, the most appropriate and least restrictive case planning options available as well as costs of care. After each multidisciplinary team meeting, the coordinator shall prepare for submission to each member of the team and to the court a summary of the multidisciplinary team meeting specifically describing the recommendations for the court and the goals and objectives which should be met to return the child to the home or to close the case, or until ordered by the court in termination proceedings. If the recommendations for the case plan have been changed, the summary shall include a detailed explanation of the change in the recommendations and the reasons for the change. (g) All records, reports and case planning recommendations of the multidisciplinary team are confidential except as provided by this section. Any person who willfully violates this subsection is guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500.00). (h) The court shall not consider any report or recommendation under this section prior to adjudication of the allegations in the petition without the consent of the child and the child's parents, guardian or custodian. (j) Any member of a multidisciplinary team who cannot attend team meetings in person or by telephone may submit written reports and recommendations to the other team members and to the court. Individuals who are not members of the multidisciplinary team but have knowledge pertinent to the team's decisions may be asked to provide information to the multidisciplinary team. The individuals shall be bound by the confidentiality provisions of subsection (g) of this section. (k) The department shall develop a case plan for a juvenile when there is a recommendation to place the child outside the home. (m) If the child is placed outside the home, the multidisciplinary team shall meet quarterly to review the child's and the family's progress toward meeting the goals or expectations in the case plan and the multidisciplinary team shall provide a written report with recommendations to the court prior to each review hearing. (n) No later than five (5) business days prior to the dispositional hearing, the multidisciplinary team shall file with the court the multidisciplinary team report which shall include the multidisciplinary team's recommendations and the department case plan in a standard format established by the department. (o) Five (5) business days prior to each review hearing, the multidisciplinary team shall file with the court a report updating the multidisciplinary team report, the multidisciplinary team's recommendations and the department case plan.

Wyo. Stat. Ann. § 14-6-428 Abeyance of proceedings by consent decree; term of decree; reinstatement of proceedings; effect of discharge or completing term.

(a) At any time after the filing of a petition alleging a child to be in need of supervision and before adjudication, the court may issue a consent decree ordering further proceedings held in abeyance and place a child in need of supervision under the supervision of the department of family services or any other qualified person the court may designate. The placement of the child is subject to the terms, conditions and stipulations agreed to by the parties affected. The consent decree shall not be entered without the consent of the district attorney, the child's legal representative, where applicable, and the child and the notification of the parents. Modifications to an existing consent decree may be allowed. (b) The consent decree agreement shall be in writing and copies given to each of the parties. It shall include the case plan for the child or his family. (c) A consent decree shall be in force for the period agreed upon by the parties but not longer than one (1) year unless sooner terminated by the court. If prior to discharge by the court or expiration of the consent decree, a child alleged to be in need of supervision fails to fulfill the terms and conditions of the decree or a new petition is filed alleging the child to be in need of supervision because of misconduct occurring during the term of the consent decree, the original petition and proceedings may be reinstated upon order of the court after hearing and the matter may proceed as though the consent decree had never been entered. If, as part of the consent decree, the child made an admission to any of the allegations contained in the original petition, that admission shall be entered only if the court orders that the original petition and proceeding be reinstated and the admissions, if any, be entered. If the admission is entered, the court may proceed to disposition pursuant to W.S. 14-6-426. (d) If a consent decree is in effect and the child is in placement, the court shall hold a six (6) month review and twelve (12) month review as provided under W.S. 14-6-429. (e) A child discharged by the court under a consent decree without reinstatement of the original petition and proceeding shall not thereafter be proceeded against in any court for the same misconduct alleged in the original petition.

Wyo. Stat. Ann. § 14-6-429 Decree where child adjudged in need of supervision; dispositions; terms and conditions; legal custody.

(a) In determining the disposition to be made under this act in regard to any child: (i) The court shall review the predisposition report, the recommendations, if any, of the multidisciplinary team, the case plan and other reports or evaluations ordered by the court and indicate on the record what materials were considered in reaching the disposition; (ii) If the court does not place the child in accordance with the recommendations of the predisposition report or multidisciplinary team, the court shall enter on the record specific findings of fact relied upon to support its decision to deviate from the recommended disposition; (iii) When a child is adjudged by the court to be in need of supervision the court shall enter its decree to that effect and make a disposition as provided in this section that places the child in the least restrictive environment consistent with what is best suited to the public interest of preserving families, the physical, mental and moral welfare of the child; (iv) When a child is adjudged to be in need of supervision the court shall ensure that reasonable efforts were made by the department of family services to prevent or eliminate the need for removal of the child from the child's home or to make it possible for the child to return to the child's home. Before placing a child outside of the home, the court shall find by clear and convincing evidence that to return the child to the child's home would not be in the best interest of the child despite efforts that have been made; (v) The court shall not order an out-of-state placement unless: (A) Evidence has been presented to the court regarding the costs of the out-of-state placement being ordered together with evidence of the comparative costs of any suitable alternative in-state treatment program or facility, as determined by the department of family services pursuant to W.S. 21-13-315(d)(vii), whether or not placement in the in-state program or facility is currently available; (B) The court makes an affirmative finding on the record that no placement can be made in a Wyoming institution or in a private residential treatment facility or group home located in Wyoming that can provide adequate treatment or services for the child; and (C) The court states on the record why no in-state placement is available. (b) If the child is found to be in need of supervision the court may: (i) Permit the child to remain in the custody of his parents, guardian or custodian under protective supervision, subject to terms and conditions prescribed by the court; (ii) Transfer temporary legal custody to a relative or other suitable adult the court finds qualified to receive and care for the child, with supervision, subject to terms and conditions prescribed by the court; (iii) Transfer temporary legal custody to a state or local public agency responsible for the care and placement of children in need of supervision, provided: (A) The child shall not be committed to the Wyoming boys' school or the Wyoming girls' school unless the child has attained the age of twelve (12) years and is also found delinquent; (B) The court may not transfer the temporary legal custody to a state agency for out-of-community placement unless the child or the child's family has failed to perform under a court supervised consent decree or the department of family services has certified that a community treatment plan has proven unsuccessful. (c) In cases where a child is ordered removed from the child's home: (i) If a child is committed or transferred to an agency or institution under this section: (A) At least every three (3) months the agency or institution shall recommend to the court if the order should be continued; (B) Not less than once every six (6) months, the court of jurisdiction shall conduct a formal review to assess and determine the appropriateness of the current placement, the reasonable efforts made to reunify the family, the safety of the child and the permanency plan for the child. During this review: (I) The department of family services shall present to the court: (1) If the permanency plan is classified as another planned permanent living arrangement, documentation of the ongoing and unsuccessful efforts to return the child home or place the child for adoption or with a legal guardian or a fit and willing relative for purposes of guardianship or adoption, including evidence of efforts to use social media or other search technology to find biological family members for the child; (2) Efforts made to ensure that the child is provided, to the greatest extent possible, the opportunity to participate in age appropriate or developmentally appropriate activities and experiences as defined in W.S. 14-13-101(a)(i) to promote healthy child and adolescent development consistent with W.S. 14-13-101 through 14-13-104; and (3) If the child is placed in a qualified residential treatment program: a. Information to show that ongoing assessment of the child's strengths and needs continues to support the determination that placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment, consistent with the short-term and long-term goals of the child and the child's permanency plan; b. The specific treatment needs that will be met for the child in the placement; c. The length of time the child is expected to remain in the placement; d. The efforts made by the department of family services to prepare the child to return home or be placed for adoption or legal guardianship. (II) The court shall: (1) Determine whether the permanency plan is in the best interest of the child and whether the department of family services has made reasonable efforts to finalize the plan; (2) Order the department of family services to take any additional steps necessary to effectuate the terms of the permanency plan; (3) Ask the child or, if the child is not present at the review, the child's guardian ad litem or other legal representative about the child’s desired permanency outcome; (4) If the permanency plan is classified as another planned permanent living arrangement: a. Make a judicial determination and explain why, as of the date of the review, another planned permanent living arrangement is the best permanency plan for the child; and b. Provide reasons why it continues not to be in the best interest of the child to return home or be placed for adoption or with a legal guardian, or be placed with a fit and willing relative for purposes of guardianship or adoption. (5) Make findings whether the child has been provided, to the greatest extent possible, the opportunity to participate in age appropriate or developmentally appropriate activities and experiences as defined in W.S. 14-13-101(a)(i) to promote healthy child and adolescent development consistent with W.S. 14-13-101 through 14-13-104. (ii) The court shall order the parents or other legally obligated person to pay a reasonable sum for the support and treatment of the child as required by W.S. 14-6-435, or shall state on the record the reasons why an order for support was not entered; (iii) In cases where the child is placed in custody of the department, support shall be established by the department through a separate civil action; (iv) Any order regarding potential placement at a psychiatric residential treatment facility shall not specify a particular psychiatric residential treatment facility or level of care for the placement of the child; (v) If the child is placed in a qualified residential treatment program: (A) Within thirty (30) days of the placement a qualified individual shall conduct an assessment to determine whether the child's needs can be met through placement with family members or in a foster family home, or if the placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment consistent with the short-term and long-term goals of the child and the child's permanency plan; (B) Within sixty (60) days of the placement the court shall: (I) Consider the assessment completed pursuant to subparagraph (A) of this paragraph; (II) Determine whether the needs of the child can be met through placement in a foster family home or whether the placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment; (III) Determine whether placement is consistent with the short-term and long-term goals for the child, as specified in the child's permanency plan; (IV) Approve or disapprove the placement. (d) As a part of any order of disposition and the terms and conditions thereof, the court may: (i) Require a child to perform a designated number of hours of community service, or to participate in a work program or to perform labor or services under the supervision of a responsible adult designated by the court and within the limits of applicable laws and regulations governing child labor, to enable the child to meet the obligations imposed pursuant to this act or for the purpose of discipline and rehabilitation when deemed necessary or desirable by the court; (ii) Order the child to be examined or treated by a physician, surgeon, psychiatrist or psychologist or to obtain other specialized treatment, care, counseling or training, and place the child in a hospital or medical facility, youth camp, school or other suitable facility for treatment; (iii) Restrict or restrain the child's driving privileges for a period of time the court deems appropriate, and if necessary to enforce the restrictions the court may take possession of the child's driver's license; (iv) Impose any demands, requirements, limitations, restrictions or restraints on the child, and do all things with regard to the child that his parents might reasonably and lawfully do under similar circumstances; (v) Order the child, or his parents, or both, to undergo evaluation and indicated treatment or another program designed to address problems which contributed to the adjudication. A parent who willfully violates or neglects or refuses to comply with any order of the court may be found in contempt and punished as provided by W.S. 14-6-438; (vi) After notice to appear, order the child's custodial and noncustodial parent or guardian to participate in the child's treatment or plan of supervision or probation, or otherwise order the performance of any acts which are reasonably necessary to aid the juvenile in completion of court ordered obligations; (vii) Require the child's parents or guardian to attend a parenting class or other appropriate education or treatment and to pay all or part of the cost of the class, education or treatment in accordance with the court's determination of their ability to pay; (viii) Require the child's parents or guardian and the child to participate in a court supervised treatment program qualified under W.S. 5-12-101 through 5-12-118, provided the court supervised treatment program accepts the child's parents or guardian and the child for participation in its program. (e) An institution, organization or agency vested with legal custody of a child by court order shall with court approval, have the right to determine where and with whom the child shall live, provided that placement of the child does not remove him from the state of Wyoming without court authorization. An individual vested with legal custody of a child by court order shall personally exercise custodial rights and responsibilities unless otherwise authorized by the court. (f) Whenever the court vests legal custody of a child in an institution, organization or agency it shall transmit with the order copies of all clinical reports, social studies and other information pertinent to the care and treatment of the child. The institution, organization or agency receiving legal custody of a child shall provide the court with any information concerning the child that the court may request. (g) In placing a child in the custody of an individual or a private agency or institution, the court shall give primary consideration to the needs and welfare of the child. Where a choice of equivalent services exists, the court shall, whenever practicable, select a person or an agency or institution governed by persons of the same religion as that of the parents of the child. In case of a difference in the religious faith of the parents, then the court shall select the person, agency or institution governed by persons of the religious faith of the child, or if the religious faith of the child is not ascertainable, then of the faith of either parent. (h) Any disposition order for a child in need of supervision continues in force for not more than one (1) year, as ordered by the court. A hearing shall be held before the expiration of the disposition order to determine the appropriateness of continuing the order including but not limited to whether the child should be returned to the parent's custody, remain under custody as ordered or have the custody order amended. The court shall enter an appropriate disposition order after each hearing under this subsection. (j) The clerk of the court granting probation to a youth adjudicated in need of supervision shall send a certified copy of the order to the department of family services if the department has been requested to provide supervision of the probationer. (k) At the time of granting probation or at any later time, the court may request the department of family services to provide supervision of the probationer. The supervising probation officer shall not be required to supervise or report on a youth granted probation unless requested to do so by the court granting probation. (m) A department of state government vested with temporary legal custody of a child by court order under this section has authority to place the child in a residential facility or other out-of-home placement of similar or less restrictive confinement provided: (i) At least ten (10) days prior to the change in placement written notice of the proposed placement is served upon the child, the child's parents, the child's representative, the current placement provider and the office of the district attorney of original jurisdiction, personally or by certified mail to the recipient's last known address; and (ii) None of the parties within ten (10) days after notice is filed with the juvenile court having jurisdiction, makes a written objection to the proposed change in placement. (n) Repealed By Laws 2011, Ch. 12, § 2.

Wyo. Stat. Ann. § 14-6-430 Orders of protection; requirements.

(a) On application of any party to the proceedings or on its own motion the court may make an order of protection in support of the decree and order of disposition, restraining or otherwise controlling the conduct of the child's parents, guardian or custodian or any party to the proceeding whom the court finds to be encouraging, causing or contributing to the acts or conditions which bring the child within the provisions of this act. (b) The order of protection may require the person against whom it is directed to do or to refrain from doing any acts required or forbidden by law and necessary for the welfare of the child and the enforcement of the order of disposition, including the following requirements to: (i) Perform any legal obligation of support; (ii) Not make contact with the child or his place of abode; (iii) Refrain from conduct which in any way interferes with or disrupts the control and supervision of the child by his legal custodian; (iv) Permit a parent reasonable visitation privileges under specified conditions and terms; (v) Give proper attention to care of the home and to refrain from conduct detrimental to the child and the home environment; (vi) Enforce the child's compliance with the terms and conditions imposed upon him by the order of disposition.

Wyo. Stat. Ann. § 14-6-431 Duration of orders of disposition; termination of orders.

(a) An order of disposition shall remain in force for an indefinite period until terminated by the court whenever it appears the purpose of the order has been achieved and it is in the child's best interest that he be discharged from further court jurisdiction. (b) Unless sooner terminated by court order, all orders issued under this act shall terminate with respect to a child adjudicated in need of supervision when he reaches eighteen (18) years of age. If the child is still in the custody of the department upon attaining the age of eighteen (18) years, services may be provided on a case by case basis. (c) Notwithstanding any other provision of this act, any placement of a child in need of supervision shall be reviewed by the court within six (6) months of the date of placement to determine if the placement is appropriate.

Wyo. Stat. Ann. § 14-6-432 Appeal; right generally; transcript provided; cost thereof.

Wyo. Stat. Ann. § 14-6-433 Stay of orders pending appeal; securing of payment; staying transfer of legal custody.

Wyo. Stat. Ann. § 14-6-434 Fees, costs and expenses.

(a) There is no fee for filing a petition under this act nor shall any state, county or local law enforcement officer charge a fee for service of process under this act. Witness fees, juror fees and travel expenses in the amounts allowable by law may be paid to persons other than the parties who are subpoenaed or required to appear at any hearing pursuant to this act. (b) The following costs and expenses, when approved and certified by the court to the county treasurer, shall be a charge upon the funds of the county where the proceedings are held and shall be paid by the board of county commissioners of that county: (i) Witness fees and travel expense; (ii) Jury fees, costs and travel expense; (iii) Costs of service of process or notice by certified mail; (iv) Costs of any physical or mental examinations or treatment ordered by the court; (v) Reasonable compensation for services and costs of counsel appointed by the court; (vi) Reasonable compensation for services and costs of a guardian ad litem appointed by the court, unless the county participates in the guardian ad litem program administered by the office of guardian ad litem pursuant to W.S. 14-12-101 through 14-12-104 and the office was appointed to provide the guardian ad litem; and (vii) Any other costs of the proceedings which would be assessable as costs in the district court. (c) In every case in which a guardian ad litem has been appointed to represent the child under this act or in which counsel has been appointed under this act to represent a child or the child's parents, guardian or custodian, the court shall determine whether the child, the child's parents, guardian, custodian or other person responsible for the child's support is able to pay part or all of the costs of representation and shall enter specific findings on the record. If the court determines that any of the parties is able to pay any amount as reimbursement for costs of representation, the court shall order reimbursement or shall state on the record the reasons why reimbursement was not ordered. The court may also in any case order that all or any part of the costs and expenses enumerated in paragraphs (b)(i), (iii), (iv) and (vii) of this section, be reimbursed to the county by the child, the child's parents or any person legally obligated for his support, or any of them jointly and severally, upon terms the court may direct. An order for reimbursement of costs made pursuant to this subsection may be enforced as provided in W.S. 14-6-435. Any reimbursement ordered for guardian ad litem services provided pursuant to W.S. 14-12-101 through 14-12-104 shall be apportioned between the county and the office of guardian ad litem in accordance with payments made for those services.

Wyo. Stat. Ann. § 14-6-435 Ordering payment for support and treatment of child; how paid; enforcement.

(a) When legal custody of a child, other than temporary guardianship, is vested by court order in an individual, agency, institution or organization other than the child's parents, the court shall in the same or any subsequent proceeding inquire into the financial condition of the child's parents or any other person who may be legally obligated to support the child. After due notice and hearing the court shall order the parents or any other legally obligated person to pay a reasonable sum for the support and treatment of the child during the time that a dispositional order is in force. The requirements of W.S. 20-2-101 through 20-2-406 apply to this section. The amount of support shall be determined in accordance with the presumptive child support established by W.S. 20-2-304. In any case where the court has deviated from the presumptive child support, the reasons therefor shall be specifically set forth in the order. The amount ordered to be paid shall be paid to the clerk of the juvenile court for transmission to the person, institution or agency having legal custody of the child or to whom compensation is due. The clerk of court is authorized to receive periodic payments payable in the name or for the benefit of the child, including but not limited to social security, veteran's administration benefits or insurance annuities, and apply the payments as the court directs. An order for support under this subsection shall include a statement of the addresses and social security numbers if known, of each obligor, the names and addresses of each obligor's employer and the names and birth dates of each child to whom the order relates. The court shall order each obligor to notify the clerk of court in writing within fifteen (15) days of any change in address or employment. If any person who is legally obligated to support the child does not have full time employment, the court may require that person to seek full time employment and may require community service work in lieu of payment until full time employment is obtained. (b) An order for the payment of money entered against a parent or other person legally obligated to support a child under the provisions of W.S. 14-6-434, 20-2-101 through 20-2-406 or this section shall be entered separately from the decree of disposition under W.S. 14-6-429 and shall not be treated as a part of the confidential court record under W.S. 14-6-437. The order may be filed in the district court of any county in the state. From the time of filing, the order shall have the same effect as a judgment or decree of the district court in a civil action and may be enforced by the district attorney, or the department of family services in the same manner and with the same powers as in other child support cases under W.S. 20-2-303, 20-2-304, 20-2-307, 20-2-311, 20-2-401 through 20-2-406 and 20-6-101 through 20-6-222, or in any manner provided by law for enforcement of a civil judgment for money.

Wyo. Stat. Ann. § 14-6-436 Proceedings deemed in equity.

All proceedings under this act shall be regarded as proceedings in equity and the court shall have and exercise equitable jurisdiction.

Wyo. Stat. Ann. § 14-6-437 Records and reports confidential; inspection.

(a) Throughout proceedings pursuant to this act the court shall safeguard the records from disclosure. Upon completion of the proceedings, whether or not there is an adjudication, the court shall order the entire file, except for child support orders, and record of the proceeding sealed and the court shall not release these records except to the extent necessary to meet the following inquiries: (i) From another court of law; (ii) From an agency preparing a presentence report for another court; (iii) From a party to the proceeding; (iv) From the department of family services for purposes of establishing, modifying or enforcing a support obligation. (b) Upon receipt of inquiries as set out in this section, the court may release a copy of the presentence investigation report together with a cover letter stating the disposition of the proceeding.

Wyo. Stat. Ann. § 14-6-438 Liability for contempt; penalties.

Notwithstanding any other provision of law, the court upon its own motion or upon the motion of the district or county attorney, or guardian ad litem, may find that the child, the child's parent, parents, or guardian or any other person who willfully violates, or neglects or refuses to obey or perform any order or provision of this act is liable for contempt of court and may be fined not more than five hundred dollars ($500.00) or incarcerated not more than ninety (90) days, or both.

Wyo. Stat. Ann. § 14-6-439 Separate docket for juvenile cases; availability of records for statistics.

The clerk of the court shall maintain a separate docket for cases under this act and record therein the case number, the allegations of the petition, the age of the child involved and the disposition made. The records shall be made available for statistical purposes provided the names of the parties are not revealed.

Wyo. Stat. Ann. § 14-6-440 Expungement of records in juvenile court.

Any person adjudicated in need of supervision under the provisions of this act may petition the court for the expungement of his record in the juvenile court upon reaching the age of majority. If after investigation the court finds that the petitioner has not been convicted of a felony since adjudication, that no proceeding involving a felony is pending or being instituted against the petitioner and the rehabilitation of the petitioner has been attained to the satisfaction of the court or the prosecuting attorney, it shall order expunged all records in any format including electronic records in the custody of the court or any agency or official, pertaining to the petitioner's case. Copies of the order shall be sent to each agency or official named in the order. Upon entry of an order the proceedings in the petitioner's case are deemed never to have occurred and the petitioner may reply accordingly upon any inquiry in the matter. Expungement pursuant to this section shall be accomplished as provided in W.S. 14-6-241.

Wyo. Stat. Ann. § 14-6-501 Definitions.

(a) As used in this act: (i) "Delinquent act" means any act defined by W.S. 14-6-201(a)(ix) which constitutes a felony; (ii) "Victim" means an individual who has suffered direct or threatened physical, emotional or financial harm as the result of the commission of a delinquent act or a family member of a victim who is a minor or an incompetent or a surviving family member of a homicide victim; (iii) "This act" means W.S. 14-6-501 through 14-6-509.

Wyo. Stat. Ann. § 14-6-502 Victim bill of rights.

(a) Victims shall have the following rights: (i) To be provided notification and information about events affecting the status of the case. These events shall include, but are not limited to, the following as specified in W.S. 14-6-503: (A) The general status of the case, provided the release of information does not compromise the investigation or endanger witnesses; (B) The scheduled hearings of the case; (C) The disposition phase of the case; (D) The detention or release of the accused or adjudicated delinquent. (ii) To be provided information about the right to receive judicially ordered restitution; (iii) To be provided information about their rights, privileges and interests under this act; (iv) To be provided information about compensation available under the Crime Victims Compensation Act, as provided in W.S. 1-40-101 through 1-40-119; (v) To be provided information about services and assistance available to victims as provided in W.S. 14-6-503; (vi) To be provided information about available legal recourse and other measures if subjected to threats or intimidation as provided in W.S. 14-6-504; (vii) To be provided, at the discretion of the prosecuting attorney or law enforcement personnel, reasonable protection and safety immediately before, during and after delinquency proceedings; (viii) To be provided with the names, official telephone numbers and official addresses of the primary law enforcement officer and prosecutor assigned to investigate the case; (ix) To attend and participate in juvenile delinquency proceedings as provided in W.S. 14-6-505; (x) To have the case set for hearing as provided in W.S. 14-6-506. Nothing in this paragraph shall inhibit the ability of counsel for the state and the accused delinquent from entering into any negotiated disposition of the proceeding; (xi) To prompt return of property seized as evidence as provided in W.S. 14-6-507; (xii) To be protected from discharge or discipline by an employer due to involvement with the juvenile court process as provided in W.S. 14-6-508; (xiii) To be notified about the disposition of the case; (xiv) To be notified about the victim's opportunity to make a statement for use in the preparation of a predisposition investigation; (xv) To be provided with the address and telephone number of the agency which is to prepare the predisposition investigation; (xvi) To be notified that the predisposition investigation report and any statement of the victim in the report will be made available to the accused delinquent; (xvii) To be notified about the opportunity to make a statement at the disposition hearing; and (xviii) To be notified of the time and place of the disposition proceeding and any changes thereof. (b) Courts shall enforce victim rights under this act to the extent the recognition of those rights do not conflict with constitutional and statutory rights of the accused delinquent.

Wyo. Stat. Ann. § 14-6-503 Rights of victims to be informed during the delinquency proceeding.

(a) Victims of a delinquent act shall be informed without undue delay by law enforcement about: (i) The rights enumerated in this act; (ii) The right to be informed of the status of the case from the initial investigation to the final appellate review; (iii) The fact that financial assistance or other social service options may be available to the victim; (iv) The existence of the Crime Victims Compensation Act and that compensation may be available to the victim; (v) The right to have an interpreter or translator to inform the victim of these rights; (vi) The name and official telephone number of the primary law enforcement officer assigned to investigate the case together with the official address and telephone number of the agency investigating the case; (vii) The right to seek legal counsel and to employ an attorney. (b) Victims of a delinquent act shall be informed in writing by the prosecuting attorney about: (i) Subject to order of the court, the right to attend all hearings and proceedings involving the case, including the right to be notified, upon request, of the date, time and place of those hearings; (ii) The right to be notified in advance, if reasonable, when a court proceeding has been rescheduled or cancelled; (iii) The right to be advised of the potential for plea negotiations and, prior to disposition, the right to be informed of the existence of a negotiated plea, the essentials of the agreement, and the reasons for the disposition; (iv) The right to know the accused delinquent has obtained a preadjudicatory or predisposition release; (v) The right to discuss the case with the prosecutor, and the official address and official telephone number of the prosecutor; (vi) The availability of other remedies, including the right to proceed in civil litigation generally and the right to any profits attributable to the offender as a result of publication or media coverage resulting from the delinquent act; (vii) The fact that the attorneys involved and their investigators are advocates either for the state or for the accused delinquent; (viii) The right to refuse to talk to attorneys, private investigators, law enforcement, or anyone else unless on the witness stand or under subpoena; (ix) If known to the prosecutor, the schedule of any post disposition hearings affecting the probation or other disposition of the offender; (x) The right to provide an affidavit asserting acts or threats of physical violence by the accused or at the accused's direction against the victim or a relative of the victim. (c) Victims shall be offered the opportunity to be informed in writing by the prosecutor about: (i) The escape, recapture or death of an offender; (ii) Any reduction or extension of the disposition in the offender's case. (d) The prosecuting attorney shall notify in writing, or in person, victims who have participated in the delinquency proceedings of an application for expungement of the juvenile's records under W.S. 14-6-241. The victim shall be afforded the opportunity to make a statement at the hearing on the application. (e) Victims who wish to receive notification and information shall provide the prosecuting attorney and the juvenile court with their current address and telephone number. This address will only be used for notification purposes. (f) Nothing in subsections (c) and (d) of this section shall mean the victim shall be given information that could jeopardize the safety or security of any person.

Wyo. Stat. Ann. § 14-6-504 Victims; free from intimidation.

(a) A victim has the right to be free from any form of harassment, intimidation or retribution. (b) When waiting to testify in any proceeding regarding a delinquent act, a victim has the right to be provided, upon request, with a waiting area separate from other witnesses. (c) When the threat of harassment, intimidation or retribution cannot be avoided, the court shall take appropriate measures to protect the victim. (d) Law enforcement officers and prosecuting attorneys shall provide information regarding law enforcement measures available to protect victims.

Wyo. Stat. Ann. § 14-6-505 Victims of delinquent act; present in court.

Unless the court for good cause shown shall find to the contrary, the victim shall have the right to be present at all proceedings which may be attended by the accused delinquent.

Wyo. Stat. Ann. § 14-6-506 Victims; timing of proceedings.

(a) The court shall consider the victim's interest and circumstances when setting any date for the adjudicatory or disposition hearing or in granting or denying continuances. (b) Nothing in this section shall infringe upon any rights of the accused delinquent or inhibit the ability of the prosecution and defense from entering into any agreement as to the setting of the matter for hearing or negotiated disposition of any charge or charges pending against the accused.

Wyo. Stat. Ann. § 14-6-507 Prompt return of property.

(a) Victims have the right to have any personal property, which is not contraband, promptly returned provided it does not interfere with prosecution or appellate review of the case. (b) Law enforcement agencies shall work together to expedite the return of property when it is no longer needed. Prosecuting attorneys shall promptly notify law enforcement agencies when evidence is no longer needed. (c) The court exercising jurisdiction over a delinquency proceeding shall, if requested, enter appropriate orders to implement the provisions of this section.

Wyo. Stat. Ann. § 14-6-508 Victims have a right to preservation of employment.

(a) A victim who responds to a subpoena in a delinquency proceeding during working hours shall not suffer any change in terms of employment solely because of the act of responding to a subpoena. (b) A victim, upon request, shall be assisted by law enforcement agencies, the prosecuting attorney or the attorney for the accused delinquent in informing an employer that the need for victim cooperation may necessitate the absence of the victim from work. (c) A victim, who as a direct result of a delinquent act or of cooperation with law enforcement agencies, prosecuting attorney or the attorney for the accused delinquent, experiences financial hardship, shall be assisted by those agencies, the prosecuting attorney or the attorney for the accused delinquent in explaining to employers and creditors the reasons for that financial hardship.

Wyo. Stat. Ann. § 14-6-509 No civil liability created; testimony inadmissible; no relief by appeal.

(a) Nothing in this act shall be construed to create any civil cause of action for monetary damages against any person nor shall it constitute grounds for any claim or motion raised by any party in any proceedings. (b) Testimony or argument regarding the compliance or noncompliance with this act is inadmissible in any juvenile proceeding. (c) The failure of a victim to exercise or enforce any right granted by the provisions of this act shall not be grounds for relief during proceedings or for any appeal of any disposition in the juvenile proceeding.

Wyo. Stat. Ann. § 14-6-601 Definitions.

(a) As used in this act: (i) "Adjudicated" or "adjudication" means as defined by W.S. 14-6-201(a)(i); (ii) "Adult" means an individual who has attained the age of majority; (iii) "Delinquent child" means as defined by W.S. 14-6-201(a)(x); (iv) "Disposition" means the action ordered by the juvenile court judge under W.S. 14-6-229 upon adjudication of a juvenile for a delinquent act or the sentence imposed on a juvenile who is convicted; (v) "Department" means the department of family services; (vi) "Juvenile" means an individual who is under the age of majority; (vii) "Qualifying offense" means conduct that, if committed by an adult, would constitute a felony under the provisions of W.S. 6-1-104(a)(xii) or 35-7-1031 or under similar federal law; (viii) "Conviction" or "convicted" means a conviction of a juvenile of a qualifying offense or a conviction for any offense for which the juvenile was charged in a circuit court or district court; (ix) "Detention" means the legal and physical restriction and housing of a juvenile at the Wyoming state hospital, the Wyoming boys' school, the Wyoming girls' school or a juvenile detention facility defined in W.S. 14-6-201(a)(xxiv). "Detention" shall not include any placement in a qualified residential treatment program as defined by W.S. 14-6-201(a)(xxviii) or a residential treatment facility that is operated for the primary purpose of providing treatment to a juvenile; (x) "This act" means W.S. 14-6-601 through 14-6-606.

Wyo. Stat. Ann. § 14-6-602 Record system created.

(a) The department shall create and maintain a database for a juvenile justice information system as provided in this act. (b) The database shall contain the information required by this act. Access to information in the database shall be limited as provided by W.S. 14-6-604. (c) The department shall promulgate reasonable rules and regulations necessary to carry out the provisions of this act. The department shall annually report by March 1 to the joint judiciary interim committee on the numbers of entries and usage of the database and overall compliance with this act.

Wyo. Stat. Ann. § 14-6-603 Collection of juvenile justice information.

(a) In any case in which a juvenile is convicted or is adjudicated a delinquent child for the commission of a qualifying offense or a criminal act, the court shall direct that, to the extent possible, the following information be collected and provided to the department: (i) Offender identification information including: (A) The juvenile offender's name, including other names by which the juvenile is known, and social security number; (B) The juvenile offender's date of birth; (C) The juvenile offender's physical description, including sex, weight, height, race, ethnicity, eye color, hair color, scars, marks and tattoos; (D) The juvenile offender's last known residential address. (E) Repealed by Laws 2022, ch. 15, § 5. (ii) Offense identification information including: (A) The criminal offense for which the juvenile was convicted or adjudicated delinquent; (B) Identification of the juvenile court in which the juvenile was adjudicated delinquent or the court in which the juvenile was convicted; and (C) The date and description of the final disposition ordered by the court. (iii) The nature of the disposition ordered by the court, including whether a juvenile is: (A) Committed to detention; (B) Ordered to serve probation, placed under a plan of supervision or ordered to participate in an intensive supervision program; (C) Committed to treatment; (D) Held in pretrial detention. (b) Repealed by Laws 2022, ch. 15, § 5. (c) The department may designate codes relating to the information described in subsection (a) of this section.

Wyo. Stat. Ann. § 14-6-604 Access to and dissemination of information.

(a) Information contained in the juvenile justice information system shall be accessible, whether directly or through an intermediary, to: (i) Other criminal justice agencies, including the division of criminal investigation; (ii) Any person designated for the purpose provided by W.S. 14-6-227; (iii) Repealed by Laws 2022, ch. 15, § 5. (iv) An individual who has met the requirements established by the department to ensure the record will be used solely as a statistical research or reporting record and that the record is to be transferred in a form that is not individually identifiable; (v) Any record subject as provided by W.S. 7-19-109. (b) The department may by rule promulgate a process in which, when a subject reaches the age of majority, all information in the juvenile justice information system pertaining to that subject can be preserved in a manner to avoid identification of an individual subject while still allowing for longitudinal data analyses of recidivism. (c) Any person who willfully violates subsection (a) or (b) of this section is guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500.00). Any person or entity who violates subsection (a) of this section shall be denied further access to the system.

Wyo. Stat. Ann. § 14-6-605 Inspection of information.

An individual, his parents and guardian have the right to inspect all juvenile justice record information located within this state which refers to that individual in accordance with W.S. 7-19-109.

Wyo. Stat. Ann. § 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.

Wyo. Stat. Ann. § 14-6-701 Short title; purpose.

(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.

Wyo. Stat. Ann. § 14-6-702 Definitions.

(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.

Wyo. Stat. Ann. § 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.

Wyo. Stat. Ann. § 14-6-704 Pending court proceedings.

(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.

Wyo. Stat. Ann. § 14-6-705 Parental rights; voluntary termination.

(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.

Wyo. Stat. Ann. § 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.

Wyo. Stat. Ann. § 14-6-707 Placement of Indian children.

(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.

Wyo. Stat. Ann. § 14-6-708 Return of custody.

(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.

Wyo. Stat. Ann. § 14-6-709 Tribal affiliation information; other 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.

Wyo. Stat. Ann. § 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.

Wyo. Stat. Ann. § 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.

Wyo. Stat. Ann. § 14-6-712 Application of higher federal standard.

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.

Wyo. Stat. Ann. § 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.

Wyo. Stat. Ann. § 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.

Wyo. Stat. Ann. § 14-6-715 Rulemaking; sunset.

(a) The department of family services shall promulgate all rules necessary to implement this act. (b) Repealed By Laws 2026, ch. 57, § 1.

Source: WY Statutes (Official Site)URL: https://wyoleg.gov/statutes/compress/title14.pdfFetched: 10/4/2026