§ 14-3-413 — Order to appear; contents thereof; when child taken into immediate custody; waiver of service

Wyoming § 14-3-413

• Jurisdiction: Wyoming
• Title 14: Children
• Ch. 3: PROTECTION
• Art. 4: CHILD PROTECTION ACT

Text

(a) After a petition is filed, the court shall issue an
order to appear. The order shall:
(i) State the name of the court, the title of the
proceedings and the time and place for the initial hearing;
(ii) Direct the persons named therein to appear
personally at the hearing and direct the person having actual
physical custody or control of the child to present the child
before the court at the hearing;
(iii) Be directed to the child's parents, guardian,
custodian and the child's spouse, if any, and to any other
person the court deems necessary; and
(iv) Be directed to the child if fourteen (14) years
of age or more.
(b) If it appears to the court by affidavit by the
district attorney based on actual knowledge or on information
and belief that the conduct, condition or surroundings of the
child seriously endanger the child's health or welfare, that the
child may be removed from the jurisdiction of the court or that
the child will not be brought before the court notwithstanding
service of the order, the court may direct in the order to
appear that the person serving the order take the child into
immediate custody and bring him before the court.
(c) Service of the order may be waived either in writing
or by voluntary appearance at the hearing, provided a child may
waive service of the order only with the consent of his parents,
guardian, custodian, guardian ad litem or counsel.
(d) With respect to a child who is alleged to have been
abused or neglected, a noncustodial parent or putative father
who has not had parental rights to the child removed by a court,
and who is not alleged in the petition to have abused or
neglected the child, shall be served with notice of the child
protective proceeding pursuant to W.S. 14-3-414 and 14-3-415.
The notice shall inform the noncustodial parent or putative
father of the following:
(i) A petition has been filed;
(ii) The noncustodial parent or putative father has
been named as such in the petition;
(iii) A response from the noncustodial parent or
putative father is required within sixty (60) days of the date
of service; and
(iv) Failure to respond to the notice, appear at
hearings or participate in the case may result in the
termination of his parental rights;
(v) The noncustodial parent or putative father may be
considered for possible placement of the child.
(e) A noncustodial parent or putative father served with
notice of the child protective proceeding shall:
(i) Respond and appear as required by this section
and W.S. 14-3-414 and 14-3-415;
(ii) Admit or deny that he is the noncustodial parent
or putative father of the child;
(iii) Submit to the jurisdiction of the court;
(iv) Provide information and abide by any order as
required by the court.
(f) A parent or putative father who is served pursuant to
W.S. 14-3-414 and 14-3-415 and fails to respond as required by
this section may not thereafter assert parental rights in
contravention of any permanency plan for the child required by
W.S. 14-3-431(j) and (k) unless good cause can be shown for
failure to respond.