In the Interest of DCP

2001 WY 77, 30 P.3d 29, 2001 Wyo. LEXIS 91, 2001 WL 965074
CourtWyoming Supreme Court
DecidedAugust 23, 2001
DocketC-00-10
StatusPublished
Cited by13 cases

This text of 2001 WY 77 (In the Interest of DCP) 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 DCP, 2001 WY 77, 30 P.3d 29, 2001 Wyo. LEXIS 91, 2001 WL 965074 (Wyo. 2001).

Opinions

GUTHRIE, District Judge.

[T1] Appellant, State of Wyoming, Department of Family Services (DFS), appeals an order entered in juvenile court requiring DFS to pay for an out-of-state placement for a juvenile adjudged delinquent under the Juvenile Justice Act. We affirm.

ISSUE

[12] DFS states the issue as:

Did the juvenile court exceed its statutory authority when it ordered the State of Wyoming, Department of Family Services to pay for a private out-of-state placement?

FACTS

[18] DCP is a minor child born April 26, 1988. Appellee, KP, adopted DCP when he was approximately five years old. In September of 1999, DCP performed acts of delinquency. In November of 1999, KP placed DCP in a residential treatment program in Evanston, Wyoming, the Youth Alternative Home Association (YAHA).

[14] A petition alleging that DCP was delinquent was filed on December 1, 1999. The initial hearing was held on December 10, 1999. Present at this hearing was DCP, KP, KP's attorney, a DFS representative, a YAHA representative and the Deputy County and Prosecuting Attorney. DCP admitted all the allegations in the petition. Two orders were generated as a result of the initial hearing. The first order was signed by the district court commissioner on December 22, 1999. The second order was signed by the juvenile court judge on January 21, 2000 and was based upon a Court Commissioner's Resume signed by the Court Commissioner on January 20, 2000. In both orders, constructive custody of DCP was placed with the Tinta County Sheriff's Department. In the first order, physical custody of DCP was placed with KP for placement at YAHA and legal custody with KP. The second order placed physical custody of DCP with YAHA and legal custody with DFS. A dispositional hearing was scheduled for January 26, 2000.

[15] On January 19, 2000, DCP was released by YAHA to KP. The next day, KP moved DCP to a residential treatment program at Primary Children's Hospital in Utah.

[16] After two continuances, a disposi-tional hearing was held on April 12, 2000. No one appeared on behalf of DFS at this hearing. The juvenile court entered an order that contained no terms of disposition for DCP. The juvenile court only ordered KP to pay for the cost of DCP's placement at Primary Children's Hospital from the date of his admission until January 26, 2000. After that date, DFS was required to pay all costs not covered by KP's insurance. DFS timely appealed.

STANDARD OF REVIEW

[T7] All proceedings under the Juvenile Justice Act are regarded as being in equity and this Court shall exercise equitable jurisdiction. Wyo. Stat. Ann. § 14-6-2838 (LexisNexis 2001). This appeal involves a question of law requiring statutory interpretation. Conclusions of law are reviewed de movo. In re NG, 14 P.3d 203, 205 (Wyo. 2000).

DISCUSSION

[T8] DFS contends that the juvenile court exceeded its statutory authority when it ordered DFS to pay for a private out-of-state placement. The statutes at issue provide, in pertinent part:

[31]*31(a) In determining the disposition to be made under this act in regard to any child:
(v) The court shall not order an out-of-state placement unless:
(A) Evidence has been presented to the court regarding the costs of the out-of-state placement being ordered together with evidence of the comparative costs of any suitable alternative in-state treatment program or facility, as determined by the department pursuant to W.S. 21-18-315(d)(vii), whether or not placement in the in-state program or facility is currently available;
(B) The court makes an affirmative finding on the record that no placement can be made in a Wyoming institution or in a private residential treatment facility or group home located in Wyoming that can provide adequate treatment or services for the child; and
(C) The court states on the record why no in-state placement is available.

Wyo. Stat. Ann. § 14-6-229(a)(v) (LexisNex-is 2001). This section references Wyo. Stat. Ann. § 21-18-315(d)(vii) (LexisNexis 2001), which provides:

(d) If a placement of a child is to be made and funded under this section, the predisposition study required by W.S. 14-6-227 shall include:
(vil) If an out-of-state placement is under consideration, the name, address, program description and costs of each Wyoming institution and each private residential treatment facility and group home located in Wyoming that the department of family services has determined can provide adequate treatment or services for the child, and whether placement in the in-state institution, treatment facility or group home is available. -

[19] Wyo. Stat. Ann. § 14-6-229 authorizes the juvenile court to order the out-of-state placement of a juvenile adjudged delinquent as part of the juvenile's disposition only if certain procedures are followed. The Juvenile court's order following the disposi-tional hearing did not specifically order out-of-state placement nor did it specifically include the findings required by statute. DCP was placed at the out-of-state facility by his mother before the dispositional hearing.

[110] DFS argues that the statutory requirements for out-of-state placement were not followed; therefore, the juvenile court did not have the authority to require DFS to pay for the treatment. KP, on the other hand, argues that the May 11, 2000 order following the dispositional hearing meets the requirements of a court-ordered placement of DCP. KP seems to be arguing that since the May 11, 2000 order requires DFS to pay the costs of the treatment, the juvenile court was in effect ratifying the actions of KP in placing DCP in the out-of-state facility and ordering that DCP remain there. KP argues that nothing in the statute requires an out-of-state placement order be made prior to placement.

[T 11] KP also asserts that the other statutory requirements for out-of-state placement have been met. KP points to portions of the record where costs of out-of-state placement were presented to the juvenile court along with comparative costs of Wyoming placement provided by DFS.

[112] In In re NG, 14 P.3d 203, DFS appealed an order by a juvenile court requiring it to pay for electronic monitoring services provided by a private company for a minor child in a child-in-need-of-supervision (CHINS) case. There, when the CHINS petition was filed, the minor was on probation through the municipal court and was wearing an electronic monitor provided by a private company and paid for by the municipal court. Id. at 204. Prior to arraignment on the CHIN case, the minor, her mother and DFS agreed to a "CHINS CASE PLAN." The plan acknowledged that NG was on probation and wearing an electronic monitor. Subsequently, the DFS worker wrote a letter to the assistant district attorney and attached the case plan. The letter indicated the court date had been cancelled because they were in agreement to follow the case plan. Id. at 205.

[32]*32[{13] In September of 1998, the DFS worker recommended that electronic monitoring be discontinued.

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Bluebook (online)
2001 WY 77, 30 P.3d 29, 2001 Wyo. LEXIS 91, 2001 WL 965074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-dcp-wyo-2001.