In Matter of Child X

617 P.2d 1078, 1980 Wyo. LEXIS 308

• Court: Wyoming Supreme Court
• Decided: October 10, 1980
• Docket: C-3
• Status: Published

Opinions

ROSE, Justice.

In this case, the trial court terminated the parental rights in Child X of his natural mother, DB, and awarded permanent care, control and custody to MM and BM, the mother and stepfather of X’s father. The parental rights were terminated upon a finding by the trial court of abuse and neglect on the part of the natural mother.

On appeal, the mother challenges the sufficiency of the evidence to support the finding of abuse and neglect, particularly in light of our decision in DS v. Dept. of Public Assistance and Social Services, Wyo., 607 P.2d 911 (1980), which was announced subsequent to the trial judge’s decision letter in the instant case.

However, our research discloses an issue which forecloses our reaching the merits of this case. In the district court proceeding, no attorney was appointed to represent the best interests of the child, and none has appeared at the appellate level.

Section 14-3-211(a), W.S.1977, 1978 Supp., provides:

“(a) The court shall appoint counsel to represent any child in a court proceeding in which the child is alleged to be abused or neglected. Any attorney representing a child under this section shall also serve as the child’s guardian ad litem unless a guardian ad litem has been appointed by the court. The attorney or guardian ad litem shall be charged with representation of the child’s best interest.” (Emphasis supplied.)

Section 14-3-202(a)(v), W.S.1977, 1978 Supp., provides this definition:

“(v) ‘Court proceedings’ means child protective proceedings which have as their purpose the protection of a child through an adjudication of whether the child is abused or neglected, and the making of an appropriate order of disposition;”

Compliance with § 14-3-211(a), supra, is mandatory and, therefore, it was improper for the district court to adjudicate the substantive issues without appointing an attorney to protect the welfare of the child.

Since the proceedings below were fatally defective, the orders emanating therefrom are reversed and the matter is remanded to the district court, where a guardian ad li-tem shall be appointed and a new hearing conducted.

Reversed.