In the Interest Of: Dc, Minor Child, Ac v. The State of Wyoming

2026 WY 3
CourtWyoming Supreme Court
DecidedJanuary 7, 2026
DocketS-25-0131
StatusPublished
Cited by1 cases

This text of 2026 WY 3 (In the Interest Of: Dc, Minor Child, Ac v. The State of Wyoming) 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 the Interest Of: Dc, Minor Child, Ac v. The State of Wyoming, 2026 WY 3 (Wyo. 2026).

Opinion

IN THE SUPREME COURT, STATE OF WYOMING

2026 WY 3

OCTOBER TERM, A.D. 2025

January 7, 2026

IN THE INTEREST OF: DC, minor child,

AC,

Appellant (Respondent), S-25-0131 v.

THE STATE OF WYOMING,

Appellee (Petitioner).

Appeal from the District Court of Platte County The Honorable Edward A. Buchanan, Judge

Representing Appellant: Brittany Nicole Thorpe, Thorpe Law Office, LLC, Cheyenne, Wyoming.

Representing Appellee: Keith G. Kautz, Attorney General; Christina Faith McCabe, Deputy Attorney General; Wendy Susan Ross, Senior Assistant Attorney General; Margaret Faye Laing, Assistant Attorney General.

Representing Guardian ad Litem: Joseph R. Belcher, Director; Kimberly Skoutary Johnson, Wyoming Office of Guardian ad Litem, Cheyenne, Wyoming.

Before BOOMGAARDEN, C.J., and GRAY, FENN, JAROSH, and HILL, JJ. NOTICE: This opinion is subject to formal revision before publication in Pacific Reporter Third. Readers are requested to notify the Clerk of the Supreme Court, Supreme Court Building, Cheyenne, Wyoming 82002, of any typographical or other formal errors so that correction may be made before final publication in the permanent volume. HILL, Justice.

[¶1] AC (Father) appeals the juvenile court’s order changing the permanency plan from reunification to adoption after the minor child (DC) had been in the State’s custody for over eighteen months. Father argues the juvenile court abused its discretion when it changed the permanency plan to adoption because the only barrier to reunification was his incarceration and the Department of Family Services (Department) failed to make reasonable efforts to reunify Father with his child. We affirm.

ISSUE

I. Did the juvenile court abuse its discretion when it changed the permanency plan from family reunification to adoption?

FACTS

[¶2] Father and Mother are the biological parents of DC, born May of 2023. 1 Approximately two months after DC’s birth, the State filed a petition alleging both parents neglected DC by not providing adequate care. DC had been diagnosed with failure to thrive, and the Department had concerns about DC’s health, welfare, and safety. Based on reports it received, the Department also had concerns about domestic violence, the parents’ mental health, child abuse, neglect, and controlled substance use by Father and Mother.

[¶3] Father denied the allegations, but Mother admitted to them and the juvenile court adjudicated DC as neglected. The juvenile court removed DC from his parents’ care and placed him in the Department’s legal and physical custody for familial placement. The Department placed DC with his maternal grandparents. The juvenile court initially ordered a permanency goal of family reunification.

[¶4] The Department developed a case plan for the family that Father signed. The case plan identified five areas for Father to work on: 1) sobriety, 2) reducing anger and symptoms of trauma, 3) healthy relationships, 4) parenting and child development education, and 5) stability. Father had discrete, ongoing tasks to complete within each area, which included engaging in mental health counseling and therapy, seeking employment and maintaining employment for six months, finding and obtaining safe housing for six months to demonstrate stability, and following a safety plan to ensure no one would consume or possess drugs or alcohol in the home.

[¶5] As part of his case plan, Father completed an Addiction Severity Index assessment and a clinical assessment. The evaluator observed that Father had domestic violence

1 Mother consented to changing the permanency plan to adoption; therefore, we do not discuss Mother unless relevant to Father’s appeal. 1 characteristics and recommended he complete an intensive outpatient program for substance abuse treatment. As part of the Department’s predisposition report, Father self- reported that he had been diagnosed with attention deficit disorder, attention deficit hyperactivity, severe bi-polar disorder, severe depression, schizophrenia, obsessive compulsive disorder, post-traumatic stress disorder, and multi-personality disorder. Father denied any current drug usage but admitted to recent methamphetamine use and past heroin use.

[¶6] About four months into his plan, Father completed a parental capacity evaluation. The evaluator, Dr. Amanda Turlington, found he had severe manic bipolar I disorder, histrionic personality disorder, moderate stimulant use disorder, and moderate alcohol use disorder. Dr. Turlington also determined that Father lacked the minimal abilities to safely and appropriately parent DC, was below the threshold of a “good enough parent,” and was at significant risk of parenting in high-risk ways which correlate with patterns of child abuse and neglect. Dr. Turlington recommended treatment consistent with these diagnoses. The Department notified the multidisciplinary team (MDT) and Father’s counselor of those recommendations.

[¶7] The juvenile court changed the plan to a concurrent goal of family reunification and guardianship in its July 23, 2024 order. The MDT met in September of 2024, wherein the team recommended that the permanency plan be changed to family reunification with a concurrent goal of adoption. On October 1, 2024, the Department filed its quarterly progress report and noted the permanency plan recommendation was family reunification with a concurrent goal of adoption. In the progress report, the Department noted Mother was failing to achieve many, if not all, her goals and that Father had been incarcerated since June 26, 2024, had struggled to achieve counseling and therapy goals, and had compromised abilities to meet his case plan requirements due to his incarceration.

[¶8] On December 9, 2024, the MDT met again. The subsequent MDT report noted Mother still was not meeting many of her case plan goals. The report also noted Father had expressed a decreased ability to meet his mental health needs due to his incarceration, and even though not feeling suicidal, his schizophrenia issues could use further treatment. The report further stated the Department still had concerns about Father and Mother related to: 1) safety, 2) mental health treatment and the attending of appointments, 3) job stability and the fact that, since the start of the case, Father had five jobs and Mother had seven jobs, 4) Mother had not shown a strong interest in visits with DC when they occurred, 5) attachment between the parents and DC, and 6) Father’s current incarceration. The MDT report also noted that Father was going to plead guilty to felony charges against him in exchange for a concurrent sentence of five to seven years. The Department therefore changed its recommendation for the permanency plan to adoption. Father disagreed with the recommendation, but Mother apparently agreed.

2 [¶9] On December 26, 2024, the Department filed its quarterly progress report which reflected its changed recommendation from reunification to adoption, as well as many of the successes and failures noted in the prior MDT report. Among other updates, the report noted the following concerns with Father’s progress, including:

• Currently incarcerated at the Platte County Detention Center since 6/26/24 and unable to work on most of his goals; throughout the case, he had been incarcerated a total of 348 days (as of 12/24/24) and is currently waiting for sentencing after pleading guilty for the sexual abuse of a minor in the third degree and accepted a plea deal for 5-7 years.

• Had been recommended to continue intensive outpatient program (IOP) for substance abuse, but due to inconsistencies, had to restart IOP in May of 2024; due to latest incarceration, will have to wait to be released from incarceration to restart IOP.

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