TR v. Washakie County Department of Public Assistance & Social Services

736 P.2d 712, 1987 Wyo. LEXIS 431
CourtWyoming Supreme Court
DecidedApril 27, 1987
DocketC-86-1
StatusPublished
Cited by43 cases

This text of 736 P.2d 712 (TR v. Washakie County Department of Public Assistance & Social 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
TR v. Washakie County Department of Public Assistance & Social Services, 736 P.2d 712, 1987 Wyo. LEXIS 431 (Wyo. 1987).

Opinions

THOMAS, Justice.

The foremost issue in this sad case is whether the record encompasses sufficient evidence to justify the termination of a young mother’s parental rights with respect to her three daughters. The mother also contends that the trial court erred in failing to invoke a less intrusive or restrictive alternative to the termination of her parental rights, and she attacks the court’s instruction in which the contentions and theories of the parties were articulated. In addition, she asserts unconstitutional vagueness with respect to material provisions of the statutes which authorize the termination of parental rights and argues the statutory scheme is unconstitutional because it fails to incorporate standards for determining when a petition to terminate parental rights should be filed. We conclude, as did the trial court, that the evidence is ample to sustain the findings of the jury in its special verdict. We hold that the trial court did not err by refusing to invoke a less intrusive or restrictive alternative to termination of parental rights and that the challenged instruction was appropriate. Valid principles of appellate jurisprudence foreclose us from addressing the claims of unconstitutionality submitted by the appellant. The judgment of the trial court is affirmed.

After almost six years of efforts to adjust the parenting practices of this young mother and relieve the deplorable conditions in which her three daughters were being raised, the Washakie County Department of Public Assistance and Social Services (DPASS) filed a petition in district court for the termination of the parental rights of the mother. The petition invoked the provisions of § 14 — 2—309(a)(iii), W.S. 1977, and alleged that each of the children had been neglected or abused by the mother, the efforts of DPASS to rehabilitate the family had been unsuccessful, and the children’s health and safety would be seriously jeopardized if they remained with or were returned to the mother.

The district court appointed counsel to represent the mother who has prosecuted these proceedings as a poor person without funds to secure representation of her rights, and the several children were represented separately by a guardian ad litem in accordance with § 14-3-211, W.S.1977. In due course, the case came on for a jury trial which was requested by the mother, and the jury returned a special verdict find[714]*714ing against the mother with respect to each of the daughters. The district court entered its order terminating the mother’s parental rights. The mother then filed a motion for judgment notwithstanding the verdict and a motion for a new trial, both of which were denied by the district court. The mother appeals from the order terminating her parental rights and also the order denying her motion for a directed verdict and her motion for a new trial.

By her Brief of Appellant, the mother submits the following issues in this appeal:

“1. Whether or not there was sufficient evidence to support the determination that the parental rights of [the mother] to her children should be terminated.
“2. Whether or not the trial court erred in failing to apply a less intrusive or restrictive alternative before terminating parental rights of appellant.
“3. Whether or not Wyoming Statute Sections 14 — 2—B09(a)(iii) and 14-3-202(a)(vii) are unconstitutionally vague. “4. Whether or not jury instruction number 5 on contentions of the parties was improper.
“5. Whether or not Wyoming’s termination of parental rights statutes are unconstitutional because they do not contain standards to determine initially when a petition to terminate these rights should be filed.”

The guardian ad litem filed a Brief of Ap-pellee and accepted the issues as stated by the mother. DPASS set forth the issues in this way in its Brief of Appellee:

“I. There was sufficient evidence to support the verdict.
“II. The trial court did not err in refusing to apply a less intrusive or restrictive alternative.
“HI. W.S. 14 — 2—309(a)(iii) and W.S. 14-3-202(a)(vii) are not unconstitutional.
“IV. Jury Instruction Number Five as to the contentions of the parties was proper.
“V. Wyoming statutes on termination of parental rights are not unconstitutional for lack of standards to determine when a petition to terminate should be filed.”

The several special verdicts submitted to the jury track the requirements of the statutes as they have been interpreted by this court. Each of those forms read:

"VERDICT
“With respect to [the child], we the jury find:
“1. [The child] has been abused or neglected by her mother, [mother’s name].
“CHECK ONE _YES_NO
“2. That the health and safety of [the child] would be seriously jeopardized by remaining with her mother, [mother’s name].
“CHECK ONE _YES_NO
“3. That efforts by an authorized agency have been unsuccessful in rehabilitating the family or the family has refused rehabilitative treatment.
“CHECK ONE _YES_NO
“If you answer all of the above questions ‘YES’ the parental rights of [mother’s name] to [the child] will be terminated; if you answer any of the questions ‘NO’ her parental rights will not be terminated.”

As to each of the children, the jury checked yes in response to each of the questions on the verdict form.

The statute pursuant to which the termination of rights proceeding was initiated provides for the termination of parental rights if it is established by clear and convincing evidence that:

“The child has been abused or neglected by the parent and efforts by an authorized agency or mental health professional have been unsuccessful in rehabilitating the family or the family has refused rehabilitative treatment, and it is shown that the child’s health and safety would be seriously jeopardized by remaining with or returning to the parent;” Section 14 — 2—309(a)(iii), W.S.1977 (July 1986 Revision).

In applying this statute, we have said that three elements must be established before the termination of parental rights is justified:

“(1) [Ajbusive treatment or neglect by the parent; (2) unsuccessful efforts to rehabilitate the family (i.e. termination of parental rights is the least intrusive means to satisfy the State’s interest); [715]*715and (3) the child’s health and safety would be seriously jeopardized by remaining with or returning to the parent.” Matter of GP, Wyo., 679 P.2d 976, 1005 (1984).

Because the right of familial association is a fundamental liberty, our rule is that the application of the statutes for termination of parental rights is a subject of strict scrutiny. DS and RS v. Department of Public Assistance and Social Services, Wyo., 607 P.2d 911 (1980). See also,

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Bluebook (online)
736 P.2d 712, 1987 Wyo. LEXIS 431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tr-v-washakie-county-department-of-public-assistance-social-services-wyo-1987.