§ 14-2-309 — Grounds for termination of parent-child relationship; clear and convincing evidence

Wyoming § 14-2-309

• Jurisdiction: Wyoming
• Title 14: Children
• Ch. 2: PARENTS
• Art. 3: TERMINATION OF PARENTAL RIGHTS

Text

(a) The parent-child legal relationship may be terminated
if any one (1) or more of the following facts is established by
clear and convincing evidence:
(i) The child has been left in the care of another
person without provision for the child's support and without
communication from the absent parent for a period of at least
one (1) year. In making the above determination, the court may
disregard occasional contributions, or incidental contacts and
communications. For purposes of this paragraph, a court order
of custody shall not preclude a finding that a child has been
left in the care of another person;
(ii) The child has been abandoned with no means of
identification for at least three (3) months and efforts to
locate the parent have been unsuccessful;
(iii) The child has been abused or neglected by the
parent and reasonable 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;
(iv) The parent is incarcerated due to the conviction
of a felony and a showing that the parent is unfit to have the
custody and control of the child;
(v) The child has been in foster care under the
responsibility of the state of Wyoming for fifteen (15) of the
most recent twenty-two (22) months, and a showing that the
parent is unfit to have custody and control of the child;
(vi) The child is abandoned at less than one (1) year
of age and has been abandoned for at least six (6) months;
(vii) The child was relinquished to a safe haven
provider in accordance with W.S. 14-11-101 through 14-11-109,
and neither parent has affirmatively sought the return of the
child within three (3) months from the date of relinquishment;
(viii) The parent is convicted of murder or homicide
of the other parent of the child under W.S. 6-2-101 through
6-2-104;
(ix) The parent committed sexual assault and the
child was conceived as a result of the sexual assault. For the
purposes of this paragraph, the following shall apply:
(A) A person committed sexual assault if the
person was convicted of an offense under W.S. 6-2-302, 6-2-303,
6-2-314 through 6-2-316 or other similar law of another
jurisdiction;
(B) Reasonable effort to reunify the family is
not required to terminate parental rights;
(C) This paragraph shall not apply if the parent
seeking termination was married to or cohabiting with the parent
committing the sexual assault resulting in the birth of the
child for not less than two (2) years immediately after the
birth of the child. Nothing in this subparagraph shall be
construed as limiting a parent from seeking termination under
another provision of this section or from seeking sole custody
under title 20, chapter 5 of the Wyoming statutes.
(x) The child has been appointed a guardian who is a
relative of the child, the child has been under the guardian's
care for at least twenty-four (24) consecutive months and a
showing that the parent is unfit to have custody and control of
the child. As used in this paragraph, "relative" means as
defined by W.S. 3-2-301(a)(iii).
(b) Proof by clear and convincing evidence that the parent
has been convicted of any of the following crimes may constitute
grounds that the parent is unfit to have custody or control of
any child and may be grounds for terminating the parent-child
relationship as to any child with no requirement that reasonable
efforts be made to reunify the family:
(i) Murder or voluntary manslaughter of another child
of the parent or aiding and abetting, attempting, conspiring to
commit or soliciting such a crime; or
(ii) Commission of a felony assault which results in
serious bodily injury to a child of the parent. As used in this
paragraph "serious bodily injury" means as defined by W.S.