In the Interest of Hp

2004 WY 82, 93 P.3d 982, 2004 Wyo. LEXIS 108, 2004 WL 1562623
CourtWyoming Supreme Court
DecidedJuly 14, 2004
DocketC-03-15
StatusPublished
Cited by22 cases

This text of 2004 WY 82 (In the Interest of Hp) 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 Hp, 2004 WY 82, 93 P.3d 982, 2004 Wyo. LEXIS 108, 2004 WL 1562623 (Wyo. 2004).

Opinion

LEHMAN, Justice.

[¶ 1] Mother appeals the juvenile court order entered following a review hearing in a neglect proceeding. The juvenile court or *984 dered the Department of Family Services (DFS) to pursue termination of parental rights. Mother challenges the sufficiency of the evidence regarding the juvenile court’s findings. She also asserts that her fundamental rights were violated. We affirm.

ISSUES

[¶ 2] Mother presents two issues:

I. Whether the trial court erred in finding that reasonable efforts had been made to reunify the family, that there were ongoing and persistent failures by mother to comply with basic requirements of case plan and that the children’s health and safety would be jeopardized by returning the children to the mother.
II. Whether mother’s fundamental rights were violated when her right to associate with her children was terminated by decision of MDT group July 1, 2002, contrary to the court’s prior ruling of June 4, 2003.

The State phrases the issues as:

I. Was there sufficient evidence for the juvenile court to determine, by clear and convincing evidence, that reasonable efforts had been made to reunify the family and that the health and safety of the minor children would be jeopardized by returning the children to the mother?
II. Were Mother’s rights violated in this neglect proceeding?

Finally, the Guardian Ad Litem (GAL) presents the following statement of the issues:

1. The Trial Court properly found by clear and convincing evidence that [Mother’s] parental rights to her two children, [HP] and [NP] should be terminated.
2. There was no violation of [Mother’s] rights by the actions of the Multi-Disci-plinary Team on July 1, 2002.

FACTS

[¶ 3] On December 4, 2001, the Natrona County Assistant District Attorney filed a petition in the juvenile court alleging that Mother’s two children, HP and NP, were neglected. Prior to the petition, HP and NP had been residing in the home of their paternal grandparents and biological father (Father). A supporting affidavit provided by DFS alleged that on December 3, 2001, DFS was informed “the family could no longer provide care for the children.” At that time, the grandparents had been evicted from their home; the location of Father was unknown, but he was believed to be in the Wyoming Behavioral Institute; and Mother was incarcerated at the Natrona County Detention Center for drug issues. On December 5, 2001, Mother was sentenced to eighteen to twenty-four months at the Women’s Center in Lusk, Wyoming.

[¶ 4] Additionally on December 5, 2001, the juvenile court held a shelter care hearing. Mother was present at the hearing and was advised of her rights and the allegations in the petition. Father did not attend. The juvenile court found that Mother was serving a sentence at the Women’s Center. This fact, combined with Father’s failure to attend the hearing, led the juvenile court to find that the children needed continued shelter care. The juvenile court therefore placed the children in the temporary legal and physical custody of DFS for appropriate placement. The court additionally ordered DFS to provide ease management.

[¶ 5] On December 19, 2001, the district court held an initial hearing on the petition. Again, Father did not attend the hearing. At the hearing, Mother stated that she was in agreement with an adjudication of neglect. The court then stated that it would “adjudicate the case based upon the petition that [is] not objected to and the affidavit of [DFS].” The court found that it was neither appropriate nor in the children’s best interest to remain in the family’s home. In its order of placement following the hearing, the juvenile court noted that Mother “admitted and consented to the Court’s jurisdiction and disposition” and ordered that the children remain in the legal and physical custody of DFS. The court also ordered DFS to make reasonable efforts to reunite the family and that a multidisciplinary team (MDT) be appointed to make recommendations and provide the court with a report for disposition of the matter.

[¶ 6] The MDT first met on January 11, 2002. Mother appeared by telephone and *985 reported Father had a negative effect on her and the children, Father had a history of becoming physically violent, and she had significant concerns for the children’s safety if Father were allowed to care for them. The MDT considered this information and the needs of the children and determined that both children needed consistent contact with Mother, an environment free from violence, and parents that were drug and alcohol free. The MDT also noted that Mother had “huge potential” due to her bonding with the children, positive family support, her intelligence, and stated willingness to make changes. The recommended placement goal at that time was for the children to be reunified with Mother or Father. To achieve reunification with her children, the MDT recommended that Mother complete the following objectives:

1) Attend and successfully complete the drug treatment program at the Women’s Center.
2) Comply with all recommendations made throughout the treatment program.
3) Attend and complete parenting classes available at the Women’s Center.
4) Complete her GED.
5) Participate in individual counseling. She will address co-dependency tendencies, self-esteem, her tendency to self-sabotage, and overall relationship issues.
6) Pay child support of $10.00 per month, per child. She will comply with Child Support Enforcement. Their requirements of child support will override this recommended amount.
7) Remain drug and alcohol free.

Following this meeting, Mother received and signed the prepared case plan that contained these objectives.

[¶7] On January 23, 2002, the juvenile court held a dispositional hearing. The juvenile court found that custody should be continued in DFS and ordered DFS to continue to make reasonable efforts to reunite the children with them family. The juvenile court also ordered the parents to cooperate with DFS and the case plan for reunification. Lastly, the court ordered that the MDT reconvene in six months to review the case and make recommendations to the court. On April 29, 2002, DFS filed a report with the court which summarized the progress Mother had made on the ease plan. The report indicated the permanency plan for HP and NP was family reunification with Mother. In the report DFS recommended that the children remain in foster care until Mother was released from prison and had obtained employment and a home for her and the children.

[¶ 8] The MDT met a second time on July 1, 2002, and a third time on November 12, 2002. Mother again participated in these meetings by phone.

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Bluebook (online)
2004 WY 82, 93 P.3d 982, 2004 Wyo. LEXIS 108, 2004 WL 1562623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-hp-wyo-2004.