In the Interest of JM, a Minor. RM

2014 WY 114, 334 P.3d 568, 2014 Wyo. LEXIS 132, 2014 WL 4555688
CourtWyoming Supreme Court
DecidedSeptember 16, 2014
Dockets-14-0034
StatusPublished

This text of 2014 WY 114 (In the Interest of JM, a Minor. RM) 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 JM, a Minor. RM, 2014 WY 114, 334 P.3d 568, 2014 Wyo. LEXIS 132, 2014 WL 4555688 (Wyo. 2014).

Opinion

KITE, Justice.

[¶1] After the Wyoming Department of Family Services (DFS) reported that JM, a minor child, was habitually missing school, a county attorney filed a neglect petition against RM (Mother). The juvenile court conducted a hearing and found that Mother had neglected JM by failing to provide adequate education for his well being. Mother appeals from the order of neglect, claiming she was entitled to notice and counseling from the school district before the neglect petition was filed, she did not receive notice or counseling, and the juvenile court was, therefore, without jurisdiction to adjudicate the petition. We affirm.

ISSUE

[¶2] Mother states the issue for this Court's determination as follows:

Whether Wyoming law requires a school district to counsel a parent and give her actual notice of the consequences of further absences before referring a matter for juvenile proceedings on [an] allegation of juvenile neglect.

The State asserts the compulsory attendance statutes upon which Mother relies do not apply when a juvenile petition is filed by a prosecuting attorney under the Child Protection Act on the basis of a complaint from DFS alleging neglect. The guardian ad li-tem (GAL) appointed on JM's behalf similarly contends a school district's responsibility to counsel a parent regarding a child's unexcused absences creates no duty and has no bearing on DFS's duty to investigate allegations of neglect.

FACTS

[¶3] In early May of 2018, a social service worker for DFS learned that JM had missed thirty-six days of school since January 20183 and thirty of those days were unexcused. The previous semester, he had missed twelve days of which eleven were unexcused. The social worker also learned that the school had attempted to notify Mother of JM's absences by sending three letters in February and April 2013 and twice trying to reach her in person in April. At the time the social worker contacted the school, JM had failing grades in all of his classes.

*570 [¶4] On May 9, 2018, a deputy county attorney filed a petition in juvenile court alleging that JM was a neglected child as defined in Wyo. Stat. Ann. § 14-3-402(a)(xii)(A) and/or (B) (LexisNexis 2013) because his Mother had failed to provide adequate education for him. The county attorney attached to the petition an affidavit signed by the DFS social worker setting forth the basis for the allegation of neglect. The same day, the juvenile court entered an order appointing a guardian ad litem for JM pursuant to Wyo. Stat. Ann. § 14-3-416 (LexisNexis 2018). A few days later, the juvenile court issued an order requiring Mother to appear before the court for an initial hearing. Mother appeared and denied the allegations. The juvenile court ordered JM to remain in the custody of his mother under the supervision of DFS and to complete the school district's summer education program.

[¶5] Two months later, the juvenile court conducted an adjudicatory hearing on the neglect petition. After hearing the witness testimony and arguments of counsel, the juvenile court entered an order finding that Mother had neglected JM by failing to provide adequate education. The court further ordered that JM was to remain in the custody of Mother under the supervision of DFS and to attend school. Mother appealed from the order.

STANDARD OF REVIEW

[¶6] Mother contends the compulsory attendance statutes applied to this juvenile ne-gleet proceeding and the school district failed to comply with those statutes. Determining whether the statutes apply involves statutory interpretation, which is a question of law reviewed de novo. J.A. v. State, 2008 WY 15, ¶ 17, 176 P.3d 633, 637 (Wyo.2008). We also review de movo Mother's assertion that the juvenile court did not have subject matter jurisdiction to adjudicate the petition. SC v. State, 2018 WY 2, 120, 294 P.3d 866, 872 (Wyo.2013).

DISCUSSION

[¶7] Mother contends that before the allegations of neglect were referred to the county attorney, the school district was required to give her notice and counseling. In support of her contention, she relies upon the compulsory attendance provisions found in Wyo. Stat. Ann. §§ 21-4-101 through 21-4-107 (LexisNexis 2018). Specifically, she points to the following provision:

§ 21-4-104. Duties of attendance officers.
(a) Subject to the policy of the board of trustees, it shall be the duty of each attendance officer to:
(i) Counsel with students, parents, guardians or custodians and teachers; and to investigate the causes of unexcused absences;
(ii) Give written notice to the parent, guardian, or custodian of any child having an unexcused absence that the attendance of such child at school is required by law. If after such notice has been given, the child has a second unexcused absence, which the attendance officer reasonably believes was due to the willful neglect or failure of the parent, guardian, or custodian of the child, then he shall make and file a complaint against such parent, guardian, or custodian of such child before the district court for the violation of W.S. 214-102.

Mother contends compliance with this provision is a prerequisite to filing a petition in juvenile court.

[¶8] The State and GAL respond that the compulsory attendance statutes did not apply to the proceedings in this case; rather, the proceedings were governed by the child protective services statutes, §§ 14-3-201 through 14-3-215 (LexisNexis 2013), and the Child Protection Act, §§ 14-8-401 through 14-8-441 (LexisNexis 20183). Pursuant to the child protective services statutes, the State and GAL assert that upon receiving a report of suspected child neglect, DFS was required to assess the report, contact the person suspected of causing the neglect and, upon determining the best interest of the child required legal proceedings, contact the prosecuting attorney to initiate such proceedings. Pursuant to the Child Protection Act, the State and GAL contend the prosecuting *571 attorney was then required to determine whether the best interest of the child required judicial action and, upon making that determination, file a petition with the court. The State argues DFS and the prosecuting attorney fully complied with all of the statutory requirements applicable to this juvenile neglect proceeding. The GAL maintains the compulsory attendance statutes address the duties of the school districts and simply do not pertain to DFS.

[¶9] When interpreting statutory language:

[The paramount consideration is to determine the legislature's intent, which must be ascertained initially and primarily from the words used in the statute. We look first to the plain and ordinary meaning of the words to determine if the statute is ambiguous. A statute is clear and unambiguous if its wording is such that reasonable persons are able to agree on its meaning with consistency and predictability. Conversely, a statute is ambiguous if it is found to be vague or uncertain and subject to varying interpretations. If we determine that a statute is clear and unambiguous, we give effect to the plain language of the statute.

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Cite This Page — Counsel Stack

Bluebook (online)
2014 WY 114, 334 P.3d 568, 2014 Wyo. LEXIS 132, 2014 WL 4555688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-jm-a-minor-rm-wyo-2014.