MN v. State

2003 WY 135, 78 P.3d 232, 2003 Wyo. LEXIS 163, 2003 WL 22415752
CourtWyoming Supreme Court
DecidedOctober 24, 2003
DocketC-03-3
StatusPublished
Cited by35 cases

This text of 2003 WY 135 (MN v. State) 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
MN v. State, 2003 WY 135, 78 P.3d 232, 2003 Wyo. LEXIS 163, 2003 WL 22415752 (Wyo. 2003).

Opinion

LEHMAN, Justice.

[¶1] The mother of MN, a minor child, appeals the district court order terminating her parental rights. Mother primarily asserts that the district court erred when it found clear and convincing evidence upon which to terminate her parental rights. Upon review, we affirm.

ISSUES

[¶2] Mother raises the following issues on appeal with which appellee State of Wyoming, Department of Family Services (State), essentially agrees:

1. Whether there is clear and convincing evidence that Appellee met the statutory requirements of Wyo. Stat. § 14-2-309(a)(ii).
2, Whether Appellee violated the state and federal Constitutions and state law when it failed to follow its own internal rules, regulations and procedures.
3. Whether Appellant's right to counsel at the initial hearing as required by Wyo. Stat. § 14-8-422 was violated.
4. Whether the District Court erred when it admitted certain laboratory tests without proper foundation or chain of custody established.

FACTS

[¶3] On May 12, 1999, a neglect petition was filed with the district court. Although Mother requested appointment of an attorney, she was advised that the public defender's office did not handle such cases, and the court did not appoint an attorney for her. Mother then admitted to the allegations of neglect. In July 2000, Mother hired an attorney to represent her in the juvenile proceedings.

[T4] On April 18, 2002, the State filed a petition to terminate Mother's parental *234 rights to MN, and counsel was appointed for Mother. Mother retained separate counsel in late April 2002, at which time the court appointed counsel in the termination matter was allowed to withdraw. 1 The State then filed an amended petition on May 1, 2002. After a five-day trial, the district court terminated Mother's parental rights to MN pursuant to Wyo. Stat. Ann. § 14-2-309. This appeal followed. 2

STANDARD OF REVIEW

[T5] When setting forth our standard of review for the granting of a petition to terminate parental 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. TR v. Washakie County Dep't of Pub. Assistance & Soc. Servs., 736 P.2d 712, 715 (Wyo.1987). As part of this strict serutiny standard, a case for termination of parental rights must be established by clear and convincing evidence. Wyo. Stat. Ann. § 14-2-309(3) (Michie 1997); In Interest of JG, 742 P.2d 770, 773 (Wyo.1987); D.S. v. Dep't of Pub. Assistance & Soc. Servs., 607 P.2d 911, 919 (Wyo.1980). 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. Matter of GP, 679 P.2d 976, 982 (Wyo.1984). Rigorous though this standard may be, we apply our traditional principles of eviden-tiary review when a party challenges the sufficiency of the evidence supporting termination. Matter of SYM, 924 P.2d 985, 987 (Wyo.1996). 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. Id.; D.S. v. Dep't of Pub. Assistance & Soc. Servs., 607 P.2d at 919-20; In Interest of JG, 742 P.2d at 773.

In Re ZKP, 979 P.2d 953, 956 (Wyo.1999); see also SD v. Carbon County Dep't of Family Servs., 2002 WY 168, ¶ 5, 57 P.3d 1285, 15 (Wyo.2002); Matter of TLC, 2002 WY 76, ¶¶ 10-11, 46 P.3d 863, ¶¶10-11 (Wyo.2002); In Re IH, 2001 WY 100, ¶14, 33 P.3d 172, ¶ 14 (Wyo.2001).

DISCUSSION

Termination of Parental Rights

[¶6] The State's amended petition for termination of parental rights requested termination based on Wyo. Stat. Ann. §§ 14-2-309(a)(iii) and 14-2-309(a)(v) (LexisNexis 2001). 3 The district court found clear and convincing evidence to support termination on both of these grounds. Mother contends the decision of the district court should be reversed because the State did not present clear and convincing evidence that she neglected MN and the State did not make reasonable efforts to prevent the removal of MN from Mother or to reunify the family. The State argues that more than adequate evidence exists to support the district court's ruling and that Mother simply improperly characterizes the evidence presented at trial.

[¶7] Termination of parental rights pursuant to § 14-2-8309(a)(ifi) initially requires the establishment of parental abuse or ne *235 glect by clear and convincing evidence. SD v. Carbon County Dep't of Family Servs., at ¶ 5. "Abuse" means inflicting or causing physical or mental injury, harm or imminent danger to the physical or mental health or welfare of a child other than by accidental means, including abandonment, excessive or unreasonable corporal punishment, malnutrition or substantial risk thereof by reason of intentional or unintentional neglect, and the commission or allowing the commission of a sexual offense against a child as defined by law. Wyo. Stat. Ann. § 14-8-202(a)(ii) (Lexis Nexis 2001). "Neglect" means "a failure or refusal by those responsible for the child's welfare to provide adequate care, maintenance, supervision, education or medical, surgical or any other care necessary for the child's well being." Wyo. Stat. Ann. § 14-8-202(a)(vii) (LexisNexis 2001).

[18] The evidence presented to the district court showed that in 1996, when MN was two years old, the State received information that Mother was giving MN alcohol in an infant cup and shaking out and re-using diapers. In July 1997, the State received a report that MN was being watched by inappropriate male caregivers who were drinking and driving with MN and bringing her to the local bar, that MN's teeth had rotted, and that she was being fed a diet of only soda and candy. 4 It was also reported that MN was left playing on the road while Mother was passed out in her car, that MN was being left on numerous occasions unattended in a bar while Mother drank, and MN was being transported in an unsanitary vehicle full of rotted food and garbage. In October of 1997, law enforcement contacted the State again with concerns regarding MN's teeth. In December of 1997, Mother took MN to visit her mother in Las Vegas, Nevada and, although MN was then three and a half years old, fed her primarily Coca Cola and sweets.

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

Related

Dunlap v. State (In re Bad)
446 P.3d 222 (Wyoming Supreme Court, 2019)
Swenson v. State (In re LCH)
434 P.3d 100 (Wyoming Supreme Court, 2019)
Reed v. State (In re AM-LR)
421 P.3d 551 (Wyoming Supreme Court, 2018)
Anastos v. State, Department of Family Services
2018 WY 5 (Wyoming Supreme Court, 2018)
Jason Michael Johnson v. Bretteny Marie Calkins
2017 WY 50 (Wyoming Supreme Court, 2017)
Kimberly Shindell v. Roger Shindell
2014 WY 51 (Wyoming Supreme Court, 2014)
Broom v. Jennifer J.
742 S.E.2d 382 (Supreme Court of South Carolina, 2013)
NLT v. State, Department of Family Services
2012 WY 150 (Wyoming Supreme Court, 2012)
HJO v. State
2012 WY 99 (Wyoming Supreme Court, 2012)
PRG v. State, Department of Family Services
2012 WY 100 (Wyoming Supreme Court, 2012)
ARC v. State, Department of Family Services
2011 WY 119 (Wyoming Supreme Court, 2011)
In Re Arc
2011 WY 119 (Wyoming Supreme Court, 2011)
EOS v. JLS
2011 WY 78 (Wyoming Supreme Court, 2011)
In Re Adoption of Rms
2011 WY 78 (Wyoming Supreme Court, 2011)
In Re Kmj
2010 WY 142 (Wyoming Supreme Court, 2010)
Jet v. State, Department of Family Services
2010 WY 137 (Wyoming Supreme Court, 2010)
In Re Drt
2010 WY 137 (Wyoming Supreme Court, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
2003 WY 135, 78 P.3d 232, 2003 Wyo. LEXIS 163, 2003 WL 22415752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mn-v-state-wyo-2003.