In Re JL

989 P.2d 1268, 1999 WL 1000972
CourtWyoming Supreme Court
DecidedNovember 5, 1999
DocketC-99-3
StatusPublished
Cited by4 cases

This text of 989 P.2d 1268 (In Re JL) 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 JL, 989 P.2d 1268, 1999 WL 1000972 (Wyo. 1999).

Opinion

989 P.2d 1268 (1999)

In the Matter of the Interest of JL, ES, and TL, minors:
RS and LS, Appellants (Respondents),
v.
Johnson County Department of Family Services, Appellee (Petitioner).

No. C-99-3.

Supreme Court of Wyoming.

November 5, 1999.

*1269 Representing Appellants: Hardy H. Tate, Sheridan, WY. Argument by Mr. Tate.

Representing Appellee: Gay Woodhouse, Attorney General; Michael L. Hubbard, Deputy Attorney General; Dan S. Wilde, Assistant Attorney General; and Christopher Petrie, Special Assistant Attorney General. Argument by Mr. Petrie,

Guardian ad litem: Sean P. Durrant of Palmerlee & Durrant, Buffalo, WY.

Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN, and HILL, JJ.

HILL, Justice.

After seven years of rehabilitative efforts, Appellee, Johnson County Department of Family Services (DFS), brought an action to terminate the parental rights of Appellants, LS (Mother) and RS (Father), to their daughter, ES, and Mother's daughter, TL, and son, JL. Appellants challenge the sufficiency of evidence to justify terminating their parental rights to each of the children. We find clear and convincing evidence to support the trial court's decision, and thus affirm the judgment of the district court.

ISSUE

Appellants present one issue for review which is essentially reiterated by Appellees:

Did the district court err in determining that clear and convincing evidence was presented to terminate parental rights as applied to each of the three children[?]

FACTS

At the age of 15, Mother was sexually abused by her stepfather.[1] As a result, Mother moved to Oregon to live with her natural father. While in Oregon, Mother was diagnosed with depression and subsequently received medication and attended counseling. In 1987, when Mother was 17 years old, she moved in with RL (father of the two oldest children), whom she later married.

The first child, TL, was born on October 10, 1990. In January of 1992, the Washington Family Service Agency contacted the family due to reports of domestic violence and possible child abuse. Three months after the initial involvement of the Washington agency, the second child, JL, was born. As an infant, JL was diagnosed with "failure to thrive."

When the family moved to Wyoming in early June, 1992, DFS contacted them at the request of the Washington agency. Shortly thereafter, on June 12, DFS received a complaint regarding an occurrence of domestic violence and possible child abuse. In the fall of 1992, Mother admitted RL was abusive toward her and the children. She filed for a divorce and moved with the children into a trailer. When the divorce was finalized in 1993, Mother was awarded primary custody.

In early 1993, DFS employees John Notebloom and Sandy Rubottom investigated a report of possible child neglect made by Madonna Esponda, a social worker who lived next door to Mother. The investigation led to the first case plan for Mother in April of 1993, citing family preservation as the goal. The plan included anger management counseling twice weekly and in-home parenting *1270 instruction four hours per week. Mother was once again diagnosed with depression and in March, 1994, was evaluated as having a below normal intelligence.

Mother and Father were married in June, 1994. Although Father initially refused to be involved in the DFS plan prior to the marriage, he later agreed and was included in the services provided to the family. Mother's and Father's daughter, ES, was born on April 6, 1995.

Between 1993 and 1996, additional services were offered to the family due to the lack of Appellants' progress. The services included day care for TL and JL at the Buffalo Children's Center, transportation for members of the family, when necessary, and increased parenting classes and counseling. During this time, TL and JL were diagnosed with reactive attachment disorder stemming from neglect and abuse, attention deficit hyperactivity disorder, and oppositional defiant behavior.

The parents became increasingly agitated by the constant surveillance by DFS, culminating in the assignment of another home aide. The tension also affected the marriage, with the blame going to the two older children. In April of 1995, DFS began receiving allegations of physical child abuse. There were also indications of spousal abuse, and in July of 1995, Father was arrested for assault on Mother.

In December of 1995, Mother and Father placed TL with her grandmother because Father threatened to leave if TL stayed in the home. Although TL was allegedly benefitted by this arrangement, DFS raised concerns regarding TL's proximity to the perpetrator of Mother's past sexual abuse. However, DFS was assured that stepfather would not be alone with TL.

In May of 1996, when JL arrived at day care with a bruised back and buttocks, Mother and Father were charged with three counts of felony child abuse. JL and ES were immediately placed into protective custody. Appellants pleaded guilty to one count and were placed on probation. Although ES had been returned to the home several days after the arrest, she was again placed with JL's foster family in April of 1997 due to Appellants' failure to follow the probation requirements concerning her supervision. In June of 1997, the oldest child, TL, was placed in therapeutic foster care when DFS learned that Mother's stepfather was being left alone to supervise TL.

A series of case plans were devised over the years, but Appellants' behaviors and skills remained substantially the same. Even after the children were removed from the home, Appellants continued to receive counseling and other services, as well as supervised visitation. In the meantime, the children's physical and mental well-being greatly improved while in foster care.

In February of 1998, the county attorney saw no progress in Appellants' behaviors and skills and filed a petition to terminate their parental rights due to a failure to rehabilitate. A trial was held on December 1, and 2, 1998, wherein the district court heard testimony from social workers, day care providers, teachers, neighbors, counselors, and Appellants. The district court concluded that clear and convincing evidence demonstrated that all three children were abused and neglected by Appellants; that the children's health and safety would be seriously jeopardized if returned to Appellants' custody; and that termination of Appellants' parental rights was in the children's best interests. This timely appeal followed.

STANDARD OF REVIEW

We have held that the right to associate with one's family is a fundamental liberty under both the United States Constitution and Article 1, Sections 2, 6, 7, and 36 of the Wyoming Constitution. DS v. Department of Public Assistance and Social Services, 607 P.2d 911, 918 (Wyo.1980). In Matter of GP, 679 P.2d 976, 982 (Wyo.1984) our standard of review was set forth as follows:

Strict scrutiny is the test which will be employed when balancing a fundamental right against a compelling state interest, which interest is, in this case, the welfare of the children.

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Related

Alexander v. Meduna
2002 WY 83 (Wyoming Supreme Court, 2002)
In Re Termination of Parental Rights to IH
2001 WY 100 (Wyoming Supreme Court, 2001)
EBH v. Hot Springs Department of Family Services
2001 WY 100 (Wyoming Supreme Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
989 P.2d 1268, 1999 WL 1000972, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jl-wyo-1999.