In Re Drt

2010 WY 137, 241 P.3d 489, 2010 WL 4118350
CourtWyoming Supreme Court
DecidedOctober 21, 2010
DocketS-10-0057
StatusPublished
Cited by1 cases

This text of 2010 WY 137 (In Re Drt) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Drt, 2010 WY 137, 241 P.3d 489, 2010 WL 4118350 (Wyo. 2010).

Opinion

241 P.3d 489 (2010)
2010 WY 137

In the Interest of DRT, A Minor.
Jet, Appellant (Respondent),
v.
The State of Wyoming, Department of Family Services, Appellee (Petitioner).

No. S-10-0057.

Supreme Court of Wyoming.

October 21, 2010.

*490 Representing Appellant: John M. Burman, Faculty Supervisor, and Joshua S. Toy, Student Intern, U.W. Legal Services Program, Laramie, Wyoming. Argument by Mr. Toy.

Representing Appellee: Bruce A. Salzburg, Wyoming Attorney General; Robin Sessions Cooley, Deputy Attorney General; Jill E. Kucera, Senior Assistant Attorney General; Sue Chatfield, Senior Assistant Attorney General. Argument by Ms. Chatfield.

Before KITE, C.J., and GOLDEN, HILL, VOIGT, and BURKE, JJ.

VOIGT, Justice.

[¶ 1] This is an appeal from the juvenile court's denial of the appellant's motion to withdraw her admission of neglect of her child, and from the disposition order placing the child in the custody of the Department of Family Services. Finding no error, we affirm.

ISSUES

[¶ 2] The appellant presents a somewhat convoluted statement of the issues that is not consonant with her Notice of Appeal. The first stated issue in her appellate brief is whether the juvenile court erred in accepting her admission of neglect, yet she did not appeal from the order accepting that admission and adjudicating the issue of neglect. She then commingles that issue with the question of whether the juvenile court erred *491 in entering an order denying her motion to withdraw the admission of neglect, from which order she did appeal. Finally, her Notice of Appeal indicates that she is appealing from the disposition order entered in the case, yet she raises no factual or legal issues concerning any part of that order.

[¶ 3] We believe that the issues actually presented to this Court can best be formulated as follows: Did the juvenile court abuse its discretion in denying the appellant's motion to withdraw her admission of neglect because (1) the juvenile court failed to advise the appellant at the initial hearing that a termination of her parental rights may be initiated upon an adjudication of neglect; (2) the juvenile court accepted the admission of neglect notwithstanding the evidence that the appellant suffered from a mental illness; and (3) the juvenile court's acceptance of the appellant's admission of neglect sets a dangerous precedent that will deter persons in her position from seeking assistance from governmental agencies?

FACTS

[¶ 4] The appellant is a twenty-year-old single mother of one child. Prior to the child's birth, the appellant moved from a homeless shelter in Texas to Rawlins, Wyoming, where she moved in with her former fiancé's parents and two other adults. When that living arrangement was not successful, the appellant moved into a low-income housing apartment. During her pregnancy, the appellant worked with both a public health nurse and social worker, and with a counseling center therapist.

[¶ 5] The child was born on November 20, 2009. At about 2:00 a.m., on November 26, 2009, the appellant telephoned the public health social worker and told her something to the effect that she needed some help with the child because she knew she had a temper, or that she was afraid she was going to hurt the child. The social worker called the police department, and a police officer in turn called a Department of Family Services caseworker. Both the police officer and the caseworker went to the appellant's home, where the officer took the child into protective custody. In an affidavit attached to the neglect petition filed a few days later, the caseworker stated that when she arrived at the appellant's house, the appellant was visibly upset and crying, and said that "she is afraid that she might hurt [the child] because at night when [the child] starts crying she finds herself screaming at [the child]."

[¶ 6] The juvenile court held a combined shelter care hearing and initial appearance on December 1, 2009.[1] Because this appeal revolves around what occurred at that hearing, we will quote at length from the transcript:

THE COURT: Okay. [The appellant], are you under the influence of alcohol, narcotics or medication?
THE MINOR'S MOTHER: No, sir.
THE COURT: Are you suffering from any mental problems that make it difficult for you to understand these proceedings?
THE MINOR'S MOTHER: Yes, sir, bipolar and ADHD as well as panic attacks and anxiety attacks.
THE COURT: And when were you diagnosed with bipolar?
THE MINOR'S MOTHER: When I was a child. I'm not sure of the age, but I know that I have been medicated from elementary school up.
THE COURT: On psychotropic medication?
THE MINOR'S MOTHER: Yes, sir.
THE COURT: Do you happen to know what medication?
THE MINOR'S MOTHER: Too many to name. I have been on almost every single one they could put me on.
THE COURT: Are you medicated right now?
THE MINOR'S MOTHER: No, sir.
THE COURT: Are you clearheaded? Do you understand why you're here?
THE MINOR'S MOTHER: Yes, sir.
THE COURT: Have you been served with a copy of this petition?
THE MINOR'S MOTHER: Yes, sir.
*492 ....
THE COURT: You understand that the State is alleging that you have neglected [the child] by failing to provide adequate care. Have you read the affidavit of [the caseworker] that was attached to the petition?
THE MINOR'S MOTHER: Yes, sir. And I note some things that weren't entirely as it was supposed to be.
THE COURT: Okay. Let's—we will talk about that in a minute if we need to, but for now I want to make sure that you understand what's brought you here.
THE MINOR'S MOTHER: Yes, sir.
THE COURT: Okay. I want to talk to you about your rights in this proceeding. This is juvenile court. We are not here to punish anyone. We are not here to accuse anyone of misconduct. We are here to protect [the child] and to make sure that [the child] is in a healthy and safe environment.
You, on the other hand, have certain rights guaranteed to you by laws in this state, and they include the fact that you have the right to remain silent; anything you say may be used against you. You have the right to be represented by a lawyer; and if you cannot afford one, the Court will appoint one to represent you.
Upon your denial of these allegations, you have the right to force the State of Wyoming to prove them by a preponderance of the evidence at an adjudicatory hearing. That's just a long word for a trial. You have the right to be present at your trial either before a judge of this court or before a jury of six persons. If you want a jury of six persons, you have to make that demand in writing within 10 days from today. You have a right to be present at that hearing with your attorney to hear and cross-examine the State's witnesses, to produce witnesses in your own behalf using the subpoena powers of this Court. And if an adjudication of neglect is entered, you have the right to appeal any mistakes that may have been made to the Wyoming Supreme Court in Cheyenne.
Do you understand all of that?

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Cite This Page — Counsel Stack

Bluebook (online)
2010 WY 137, 241 P.3d 489, 2010 WL 4118350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-drt-wyo-2010.