Wyoming Statutes
Article 4 - Child Protection Act
Section 14-3-402 - Definitions.

14-3-402. 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) "Clerk" means the clerk of a district court acting as the clerk of a juvenile court;
(v) "Commissioner" means a district court commissioner;
(vi) "Court" means the juvenile court established by W.S. 5-8-101;
(vii) "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;
(viii) "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;
(ix) "Judge" means the judge of the juvenile court;
(x) "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, transportation, 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;
(xi) "Minor" means an individual who is under the age of majority;
(xii) "Neglected child" means a child:
(A) Who has been subjected to neglect as defined in W.S. 14-3-202(a)(vii);
(B) Who has been subjected to abuse as defined in W.S. 14-3-202(a)(ii).
(I) Repealed By Laws 2005, ch. 236, § 4.
(II) Repealed By Laws 2005, ch. 236, § 4.
(III) Repealed By Laws 2005, ch. 236, § 4.
(IV) Repealed By Laws 2005, ch. 236, § 4.
(xiii) "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;
(xiv) "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;
(xv) "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;
(xvi) "Residual parental rights and duties" means those rights and duties remaining with the parents after legal custody, guardianship of the person or both have been vested in another person, agency or institution. Residual parental rights and duties include but are not limited to:
(A) The duty to support and provide necessities of life;
(B) The right to consent to adoption;
(C) The right to reasonable visitation unless restricted or prohibited by court order;
(D) The right to determine the minor's religious affiliation; and
(E) The right to petition on behalf of the minor.
(xvii) "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;
(xviii) "Ordinary medical care" means medical, dental and vision examinations, routine medical, dental and vision treatment and emergency surgical procedures, but does not include nonemergency surgical procedures;
(xix) "Temporary protective custody" means a legal status created prior to a shelter care hearing when a court, law enforcement officer, physician, physician's assistant or nurse practitioner takes a child into protective custody pursuant to W.S. 14-3-405. Temporary protective custody vests in a custodian the duty to protect the child and arrange for the provision of food, shelter, clothing, transportation, ordinary medical care and education. Temporary protective custody shall be transferred from the law enforcement officer, physician, physician's assistant or nurse practitioner to the local child protection agency as soon as practicable to facilitate such care. Temporary protective custody divests the parent or custodian of his right to the custody and control of the child;
(xx) "Transportation" means as defined in W.S. 14-3-202(a)(xvii);
(xxi) "Initial hearing" means a hearing held in accordance with W.S. 14-3-426;
(xxii) "Shelter care hearing" means a hearing held in accordance with W.S. 14-3-409;
(xxiii) "Transfer hearing" means a hearing held in accordance with W.S. 14-6-237;
(xxiv) "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;
(xxv) "Qualified individual" means a person who meets the requirements of 42 U.S.C. § 675a(c)(1)(D);
(xxvi) "Qualified residential treatment program" means a program that meets the requirements of 42 U.S.C. § 672(k)(4);
(xxvii) "This act" means W.S. 14-3-401 through 14-3-441.

Structure Wyoming Statutes

Wyoming Statutes

Title 14 - Children

Chapter 3 - Protection

Article 4 - Child Protection Act

Section 14-3-401 - Short Title.

Section 14-3-402 - Definitions.

Section 14-3-403 - Juvenile Court Authority Over Certain Issues.

Section 14-3-404 - Venue; Change of Venue or Judge.

Section 14-3-405 - Taking of Child Into Custody; When Permitted.

Section 14-3-406 - Child in Custody; No Shelter Care Placement Without Court Order; Exceptions; Notice to Parent or Guardian; Release.

Section 14-3-407 - Shelter Care; Delivery of Child Pending Hearing; Placing Children; Notice if No Court Order.

Section 14-3-408 - Notice of Shelter Care to Be Given District Attorney; Written Statement Required; Duty of District Attorney.

Section 14-3-409 - Taking of Child Into Custody; Shelter Care Hearing Where No Court Order; Conditional Release; Evidence; Rehearing.

Section 14-3-410 - Shelter Care Hearing Conducted by Commissioner; Authority and Duty; Review by Court.

Section 14-3-411 - Complaints Alleging Neglect; Investigation and Determination by District Attorney.

Section 14-3-412 - Commencement of Proceedings; Contents of Petition.

Section 14-3-413 - Order to Appear; Contents Thereof; When Child Taken Into Immediate Custody; Waiver of Service.

Section 14-3-414 - Service of Process; Order of Custody.

Section 14-3-415 - Presence of Parent, Custodian or Guardian at Hearing; Failure to Appear; Avoidance of Service; Issuance of Bench Warrant.

Section 14-3-416 - Appointment of Guardian Ad Litem.

Section 14-3-417 - Subpoenas for Witnesses and Evidence.

Section 14-3-418 - Search Warrant; When Authorized; Affidavit Required; Contents of Affidavit and Warrant; Service and Return.

Section 14-3-419 - Physical and Mental Examinations.

Section 14-3-420 - Emergency Medical, Surgical or Dental Examination or Treatment.

Section 14-3-421 - Reports of Medical or Mental Examinations; Use of Results; Copies.

Section 14-3-422 - Advising of Right to Counsel Required; Appointment of Counsel; Verification of Financial Condition.

Section 14-3-423 - Rights of Parties Generally; Demand for and Conduct of Jury Trial.

Section 14-3-424 - Conduct of Hearings Generally; Exclusion of General Public and Child; Exceptions; Consolidations, Continuances or Deferrals Permitted.

Section 14-3-425 - Burden of Proof Required; Verdict of Jury; Effect Thereof.

Section 14-3-426 - Initial Hearing; Adjudicatory Hearing; Entry of Decree and Disposition; Evidentiary Matters; Continuance of Disposition Hearing.

Section 14-3-427 - Predisposition Studies and Reports.

Section 14-3-428 - Abeyance of Proceedings by Consent Decree; Term of Decree; Reinstatement of Proceedings; Effect of Discharge or Completing Term.

Section 14-3-429 - Decree Where Child Adjudged Neglected; Dispositions; Terms and Conditions; Legal Custody.

Section 14-3-430 - Orders of Protection; Requirements.

Section 14-3-431 - Duration of Orders of Disposition; Termination of Orders; Permanency Hearings; Petition for Termination of Parental Rights.

Section 14-3-432 - Appeal; Right Generally; Transcript Provided; Cost Thereof.

Section 14-3-433 - Stay of Orders Pending Appeal; Securing of Payment; Staying Transfer of Legal Custody.

Section 14-3-434 - Fees, Costs and Expenses.

Section 14-3-435 - Ordering Payment for Support and Treatment of Child; How Paid; Enforcement.

Section 14-3-436 - Proceedings Deemed in Equity.

Section 14-3-437 - Records and Reports Confidential; Inspection.

Section 14-3-438 - Liability for Contempt; Penalties.

Section 14-3-439 - Separate Docket for Juvenile Cases; Availability of Records for Statistics.

Section 14-3-440 - Reasonable Efforts for Family Reunification; Exceptions.

Section 14-3-441 - Confidentiality in Court Proceedings.