In the Interest of Sjj

2005 WY 3, 104 P.3d 74, 2005 Wyo. LEXIS 5, 2005 WL 41271
CourtWyoming Supreme Court
DecidedJanuary 11, 2005
DocketC-04-9
StatusPublished
Cited by28 cases

This text of 2005 WY 3 (In the Interest of Sjj) 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 Sjj, 2005 WY 3, 104 P.3d 74, 2005 Wyo. LEXIS 5, 2005 WL 41271 (Wyo. 2005).

Opinion

KITE, Justice.

[T1] In 2001, the Department of Family Services (DFS) took SJJ and ERJ, II, ages seven and six, from the home of their paternal grandmother where they had beén living since 1996 and placed them in protective custody. Just over a year later, DFS filed a petition for termination of parental rights against the mother, SLJ, and the father, ERJ. After a three day trial, the district court determined that SLJ's parental rights 1 should be terminated pursuant to Wyo. Stat. Ann. § 14-2-809(a)(1) (LexisNexis 2008), authorizing termination where a child has been left in the care of another without support or communication from the absent parent for at least a year, and Wyo. Stat. Ann. § 14-2-309(a)(v) (LexisNexis 2003), authorizing termination where a child has been in foster care for fifteen of the most recent twenty-two months and a showing that the parent is unfit. SLJ appeals the order terminating her parental rights. We affirm.

ISSUES

[¶ 2] SLJ presents the following issues:

1. Whether the State of Wyoming put forth sufficient evidence to establish that SLJ's conduct violated Wyo. Stat. Ann. §§ 14-2-309(a)G) and (a)(v) by clear and convincing evidence.
2. Whether the State was required to show reasonable efforts by an authorized agency or mental health professional had been unsuccessful in rehabilitating the family or the family has refused rehabilitative treatment before terminating SLJ's parental rights.
3. Whether the district court erred when it allowed confidential records to be admitted into evidence.

DFS phrases the issues as:

I. Whether the district court properly found, by clear and convincing evidence, that appellant's parental rights to SJJ and ERJ, [II], should be terminated pursuant to Wyo. Stats. §§ and (v)?
II. Whether the district court properly admitted into evidence records from the juvenile proceedings?

The guardian ad litem presents the following issues:

I. Did the State of Wyoming present clear and convincing evidence to support the termination of appellant's parental rights?
II. Is the State of Wyoming required pursuant to Wyoming Statutes § 14-2-309(a)() or $ 14-2-809(a)(iv) to show reasonable efforts to rehabilitate appellant?
III. Were records presented pursuant to the attendant juvenile action properly admitted into evidence?

FACTS

[¶ 3] SLJ and ERJ are the biological parents of SJJ and ERJ, IL. In October of 1996, when SJJ and ERJ, II were eighteen months and six months old respectively, SLJ asked the children's paternal grandmother, who resided in Laramie, Wyoming, to come to Arizona where she and the children were living, and take the children back to Laramie to live with her until SLJ could find employment and was able to care for them. ERJ was then serving time in an Arizona prison.

*77 [¶ 4] In March of 1997, ERJ signed a document giving his mother, the children's paternal grandmother, temporary custody of the children. The following September, he filed a complaint for divorcee in the district court, Albany County, Wyoming, where he was then residing after his release from prison in Arizona. In addition to a divorce from SLJ, he sought full custody of the children. SLJ was served with notice of the complaint by publication pursuant to W.R.C.P. 4(c), and she failed to respond. ERJ filed a motion for entry of default and, after a hearing, the district court entered a judgment and decree of divorce on February 28, 1998. ERJ was awarded full custody of the children and SLJ was ordered to pay child support. One month later, in March of 1998, paternal grandmother filed petitions for appointment of herself as guardian of the children along with forms executed by ERJ consenting to the guardianship. 2 The district court entered orders appointing paternal grandmother as temporary guardian.

[¶ 5] Meanwhile, SLJ filed motions to modify the divorce decree and rescind the custody order. The district court set the motions for hearing, notified SLJ of the hearing date and made arrangements for her to participate by telephone. SLJ failed to appear as arranged and the district court on June 17, 1998, entered a child custody and visitation order confirming the divoree and the custody award to ERJ. SLJ subsequently filed a motion for new trial based upon procedural errors, 3 which the district court granted, and on June 14, 2000, the district court entered a new decree granting the divorce and awarding custody of the children to paternal grandmother as guardian.

[T6] From October of 1996 until August of 2001, the children remained in paternal grandmother's care in Wyoming while SLJ lived in Arizona. On June 15, 2000, as part of the divoree proceedings, ERJ and SLJ filed stipulations for the indefinite appointment of paternal grandmother as the children's guardian and the maternal grandparents as alternate guardians. In their stipulations, SLJ and ERJ each stated they were unable to care for the children and did not expect to be able to do so in the foreseeable future.

[¶ 7] In August of 2001, DFS received a report that paternal grandmother was abusing SJJ and ERJ, IL. DFS investigated, and on August 14, 2001, moved for placement of the children in temporary protective custody. Following a hearing, the district court ordered the children be placed in protective custody. Once the children were in protective custody, the district court entered another order authorizing DFS to create a multidisciplinary team (MDT) to develop a case plan for the children. The district court set the matter for hearing in September of 2001 and provided notice to SLJ. SLJ responded with pro se motions to terminate paternal grandmother's appointment as guardian, to allow SLJ to appear at the hearing by telephone and to terminate ERJ's parental rights.

[¶ 8] The MDT met on October 21, 2001. SLJ was part of the MDT and participated in part of the meeting by telephone. The ree-ommendation of the majority of the MDT members was for the children to remain in the custody of DFS with the goal of permanent placement with their maternal grandparents, the alternate guardians. The DFS child protection case manager assigned to the case testified that termination of parental rights was mentioned as a consideration at the MDT meeting. The DFS contact log concerning the case contains an entry stating the majority of the MDT members "agreed that [SLJ]'s parental rights should be terminated" and that SLJ dissented. On November 2, 2001, a majority of the MDT filed written recommendations with the district *78 court, recommending continued custody with DFS with eventual permanent placement with the maternal grandparents. A written summary included with the recommendations states that SLJ "withdrew her participation from the meeting" and would be sending a letter objecting to the MDT recommendations.

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Bluebook (online)
2005 WY 3, 104 P.3d 74, 2005 Wyo. LEXIS 5, 2005 WL 41271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-sjj-wyo-2005.