In the Interest Of: LH, Minor Child, TH v. the State of Wyoming v.

2025 WY 28, 565 P.3d 683
CourtWyoming Supreme Court
DecidedMarch 17, 2025
DocketS-24-0214
StatusPublished
Cited by1 cases

This text of 2025 WY 28 (In the Interest Of: LH, Minor Child, TH v. the State of Wyoming v.) 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: LH, Minor Child, TH v. the State of Wyoming v., 2025 WY 28, 565 P.3d 683 (Wyo. 2025).

Opinion

THE SUPREME COURT, STATE OF WYOMING

2025 WY 28

OCTOBER TERM, A.D. 2024

March 17, 2025

IN THE INTEREST OF: LH, minor child,

TH,

Appellant (Respondent), S-24-0214 v.

THE STATE OF WYOMING,

Appellee (Petitioner).

Appeal from the District Court of Park County The Honorable Bill Simpson, Judge

Representing Appellant: Rives T. White and Sanford Ballou, Student Intern, of Cowboy Legal, LLC, Cody, Wyoming.

Representing Appellee: Bridget Hill, Attorney General; Christina F. McCabe, Deputy Attorney General; Wendy S. Ross, Senior Assistant Attorney General; Callie R. Papoulas, Senior Assistant Attorney General.

Guardian ad Litem: Joseph R. Belcher, Director, and Kim Skoutary Johnson of the Wyoming Office of the Guardian ad Litem.

Before FOX, C.J., and BOOMGAARDEN, GRAY, FENN, and JAROSH, 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. FENN, Justice.

[¶1] TH (Mother) appeals from the juvenile court’s order changing the permanency plan from reunification to adoption after the minor child (LH) had been in the State’s custody for approximately 18 months. Mother claims the juvenile court failed to consider the minor child’s relationship with his sibling, who remained in Mother’s custody, when it changed the permanency plan. She also argues the juvenile court abused its discretion when it changed the permanency plan to adoption when she had maintained sobriety for six months. We affirm.

ISSUES

[¶2] Mother presents two issues on appeal, which we frame as follows:

1. Did the juvenile court abuse its discretion by omitting in its permanency order any reference to LH’s relationship with his sibling, RH, and the potential of separating siblings?

2. Did the juvenile court abuse its discretion when it found it was in LH’s best interest to change the permanency plan to adoption?

FACTS

[¶3] Mother has two children, LH, born in 2022, and RH, born in 2021, who share the same biological father. When LH was born, Mother tested positive for opiates. LH also tested positive for opiates. Law enforcement took LH into protective custody shortly after his birth and placed him in the care of the State of Wyoming, Department of Family Services (Department).

[¶4] On September 26, 2022, the State filed a petition against Mother alleging neglect of LH. The Department did not take protective custody of RH or request the State to file a neglect petition against Mother relating to RH. The juvenile court held a shelter care hearing and placed LH in the Department’s legal and physical custody, with physical placement of LH to be with his great-grandmother in relative foster care. The juvenile court advised Mother if LH “is in foster care for fifteen (15) out of the most recent twenty (22) months, the State may move to terminate parental rights.” The juvenile court also ordered Mother not to use or consume controlled substances and to submit to drug testing.

[¶5] In November 2022, Mother was residing in a camper on the great-grandmother’s property. LH resided in great-grandmother’s home. RH also resided with LH in the great- grandmother’s home, though Mother had legal and physical custody of RH. While living in the camper on the same property as her minor children, Mother tested positive for

1 methamphetamine. The State filed a request for emergency placement review. The juvenile court held a hearing on November 7, 2022, and suspended all visitation between LH and Mother until Mother provided at least one clean urinalysis (UA). Mother also stipulated to moving off the great-grandmother’s property. She moved the camper to a different location in town, but she had RH continue to live with the great-grandmother.

[¶6] In December 2022, Mother admitted to the allegations in the neglect petition, and the juvenile court adjudged Mother to have neglected LH. The juvenile court ordered LH to remain in the legal and physical custody of the Department with physical placement to be in relative foster care with his great-grandmother. The juvenile court further ordered Mother to “have clean UAs by January 2, 2023, or she shall be put into inpatient treatment by her counselor[.]”

[¶7] The juvenile court held its six-month review and dispositional hearing in February 2023. Mother continued to test positive for methamphetamine, so the juvenile court ordered Mother to “complete inpatient treatment and complete all outpatient and aftercare required or recommendations of the treatment program.” She was further ordered to “only have supervised visitation with [LH] if she is sober.”

[¶8] Mother entered inpatient treatment on March 13, 2023, and she was discharged on May 26, 2023. Mother was treated for severe methamphetamine use disorder and severe amphetamine-type substance use disorder. Upon discharge, the treatment center recommended Mother attend counseling and at least two to four AA/NA meetings per week; continue her spiritual development; and obtain and meet regularly with a female sponsor. Shortly after completing inpatient treatment, Mother began testing positive for opiates. The Department suspended Mother’s visitation with LH because of her continued use of illegal substances.

[¶9] By August 2023, Mother started to have clean UAs. In September, the juvenile court held its 12-month permanency hearing. At the hearing, the Department recommended continuing with the case plan of reunification and revisiting that plan in three months because Mother started testing negative for illegal substances. The juvenile court ordered the permanency plan to remain reunification but adopted a concurrent plan of adoption should reunification be unsuccessful. The juvenile court also ordered Mother to “maintain her sobriety[.]”

[¶10] The following month, Mother admitted to relapsing and failing to maintain her sobriety. Mother also tested positive for opiates while visiting with both LH and RH. During this incident, a Department employee text messaged Mother asking Mother to provide a UA. Mother responded she was in Billings, Montana. The employee went to the great-grandmother’s home and found Mother at the home with LH and RH during a time she was not scheduled to have visitation with LH. The Department required Mother to take a UA, and her test was confirmed positive for opiates. Because Mother tested

2 positive, her visits with LH were once again suspended until she could produce a clean UA.

[¶11] After testing positive, Mother admitted she needed to engage in her treatment. She met with her counselor and filled out an application for low-income apartments. She applied for jobs and obtained employment in February 2024. Mother began a medically assisted treatment (MAT) program. As part of the MAT program, Mother took suboxone and met with her medical provider and counselor to obtain sobriety.

[¶12] In January 2024, the Department filed its quarterly progress report and changed its recommendation from reunification to adoption. The Department documented Mother’s progress on the case plan as follows:

[Mother] has been in non-compliance with her sobriety case plan goal from the start of the case in September of 2022 until August of 2023. She did have a relapse in October which was significant because she had used and went to the foster home during a non-visitation time. She had also lied about her location to this worker. [Mother] has yet to establish a financial way to support [LH] as well as her other child in her custody.

The Department documented Father refused to comply or be a part of the case plan.

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2025 WY 28, 565 P.3d 683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-lh-minor-child-th-v-the-state-of-wyoming-v-wyo-2025.