In the Interest of L.L. v. Laramie County Department of Family Services

2007 WY 92, 159 P.3d 499, 2007 Wyo. LEXIS 100
CourtWyoming Supreme Court
DecidedJune 5, 2007
DocketNo. C-06-8
StatusPublished
Cited by7 cases

This text of 2007 WY 92 (In the Interest of L.L. v. Laramie County Department of Family Services) 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 L.L. v. Laramie County Department of Family Services, 2007 WY 92, 159 P.3d 499, 2007 Wyo. LEXIS 100 (Wyo. 2007).

Opinion

VOIGT, Chief Justice.

[T1] The district court terminated Mother's parental rights to four of her children after a two-day hearing. Mother now appeals the district court's ruling on two grounds. First, she argues that the district court erred when it allowed the guardian ad litem (GAL) from prior adjudications involving her children to testify as a lay witness in the instant proceeding. Second, Mother claims that the Laramie County Department of Family Services (DFS) did not prove that her parental rights should be terminated by clear and convincing evidence. We affirm.

ISSUES

[T2] 1. Whether the district court erred when it permitted the GAL from previous neglect cases involving Mother and her children to testify at the termination of parental rights hearing, wherein the witness was not appointed as a GAL.

2. Whether clear and convincing evidence existed to justify terminating Mother's parental rights.

FACTS

[43] The instant appeal involves Mother's parental rights to four of her children, LL, ML, AL, and NC, ages 11, 9, 5, and 1 at the time DFS filed the petition for termi-ration. ML was taken from Mother and placed in foster care in 2001 as a result of allegations that Mother and ML's father were not properly caring for ML and treating her diabetes. Subsequently, in November 2002, LL, AL, and a fifth child, NL,1 were taken into protective custody because DFS had concerns about the children's safety and believed them to be neglected. After the children were removed from the home, investigators discovered that the children's father had sexually abused his daughters and the father later pled guilty to those charges.

[T4] Initially after LL, ML, AL, and NL were removed from Mother's care, visitation was conducted with the children by Mother and the children's father: jointly. Joint visitation was subsequently discontinued apparently because the children's father "was trying to manipulate" Mother during those visits. Finally, in June 2003, the juvenile court terminated Mother's visitation with the children after a hearing. Mother has not seen LL, ML, or AL for over three years.

[T5] Mother gave birth to NC on October 22, 2004. Police quickly took NC into protective custody because Mother wanted to remove NC from the hospital against medical advice and also because a drug sereen indicated the presence of narcotics in Mother's blood. The drug sereening was subsequently proven false; however, NC remained in police custody and Mother has never been allowed to parent the child.

[T6] Mother has been found neglectful of her children in three separate adjudications. First, in 2001, she admitted to neglecting the medical needs of ML. In December 2002, she admitted to charges of abuse and neglect regarding LL, NL, and AL. Finally, the district court found Mother neglectful of NC on March 25, 2005, apparently for attempting to remove the child from the hospital against medical advice. In each of these adjudications John Frentheway acted as the GAL for the children involved.

[T7] The instant case began when DFS filed a petition for the termination of Mother's parental rights to ML, LL, AL, and NC. The district court held a hearing on the petition on April 19 and 20, 2006. At that hearing, DFS elicited testimony from Mr. Frentheway, over Mother's objection, about his involvement with Mother and the children. On May 3, 2006, the district court filed its findings of fact and conclusions of law, in which it ordered that Mother's parental [501]*501rights to LL, ML, AL, and NC be terminated. Mother now appeals that order.

STANDARD OF REVIEW

[T8] We have said that

[dlecisions concerning the admissibility of evidence are within the sound discretion of the trial court and will not be disturbed absent a clear abuse of discretion, Le., when the trial court acts outside the bounds of reason or commits an error of law. Hayes v. State, 935 P.2d 700, 702 (Wyo.1997); Wilder v. Cody Country Chamber of Commerce, 933 P.2d 1098, 1107 (Wyo.1997). The burden is upon the appellant to demonstrate such abuse. Blake v. State, 933 P.2d 474, 477 (Wyo.1997); Vit v. State, 909 P.2d 953, 956-57 (Wyo.1996).

Clark v. Alexander, 953 P.2d 145, 150 (Wyo.1998).

[19] In cases involving the sufficiency of the evidence to terminate a parent's rights, we have said:

Due to the tension between the fundamental liberty of familial association and the compelling state interest in protecting the welfare of children, application of statutes for termination of parental rights is a matter for strict serutiny.... As part of this strict scrutiny standard, a case for termination of parental rights must be established by clear and convincing evidence.... Clear and convincing evidence is that kind of proof that would persuade a trier of fact that the truth of the contention is highly probable.... Rigorous though this standard may be, we apply our traditional principles of evidentiary review when a party challenges the sufficiency of the evidence supporting termination.... Thus, we examine the evidence in the light most favorable to the party prevailing below, assuming all favorable evidence to be true while discounting conflicting evidence presented by the unsuccessful party.

SD v. Carbon County Dep't of Family Servs. (In re SED), 2002 WY 168, 15, 57 P.3d 1235, 1237-38 (Wyo.2002) (quoting LDC v. Dep't of Family Servs. (In re ZKP), 979 P.2d 953, 956 (Wyo.1999)) (internal citations omitted).

DISCUSSION

Whether the district court erred when it allowed Mr. Frentheway to testify.

[110] Mother first argues that Mr. Frentheway acted as a GAL in this case, even though the district court did not appoint him to represent the children. Mother's argument in this regard largely consists of an uncited -but nearly verbatim-recitation of part of our discussion in DH v. Wyo. Dep't of Family Servs. (In re "H" Children), 2003 WY 155, ¶¶27-33, 79 P.3d 997, 1004-07 (Wyo.2003), wherein we discussed the evolution of our GAL jurisprudence. The fatal flaw with Mother's argument and reliance on our GAL rules lies in the fact that Mr. Frentheway was not appointed as a GAL in the termination proceeding and his role in the hearing was that of a witness, not an advocate. Mother's argument that Mr. Frentheway's status as GAL in previous proceedings made him a de facto GAL in the instant case has no legal or logical foundation.

[111] 'We have previously described the role of a GAL as follows:

A guardian ad litem, counsel, and the court should work together at the beginning of a case to develop and articulate clearly the scope and nature of the guardian ad litem's responsibilities. Full investigations of the facts relevant to custody should be completed by the guardian ad litem, including interviewing witnesses deemed appropriate by the guardian ad litem, custody evaluators, if any, counselors, teachers, relatives, and friends.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Widdison v. State
410 P.3d 1205 (Wyoming Supreme Court, 2018)
HMH v. State, Department of Family Services
2012 WY 165 (Wyoming Supreme Court, 2012)
DMM v. State
2012 WY 68 (Wyoming Supreme Court, 2012)
In Re Zmets
2012 WY 68 (Wyoming Supreme Court, 2012)
In Re LL
2007 WY 92 (Wyoming Supreme Court, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
2007 WY 92, 159 P.3d 499, 2007 Wyo. LEXIS 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-ll-v-laramie-county-department-of-family-services-wyo-2007.