§ 14-3-405 — Taking of child into custody; when permitted

Wyoming § 14-3-405

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

Text

(a) A child, or any other child residing in the same
household, may be taken into custody by a law enforcement
officer without a warrant or court order and without the consent
of the parents, guardians or others exercising temporary or
permanent control over the child when:
(i) There are reasonable grounds to believe a child
is abandoned, lost, suffering from illness or injury or
seriously endangered by the child's surroundings and immediate
custody appears to be necessary for his protection;
(ii) The child's conduct or behavior seriously
endangers himself and immediate custody appears necessary; or
(iii) The child is as evidenced by an examination
being abused or neglected by a parent, guardian or legal
custodian, a member of the parent's, guardian's or legal
custodian's household or any other person known to the parent,
guardian or legal custodian.
(b) A child may be taken into temporary protective custody
by a physician, physician's assistant or nurse practitioner
without a warrant or court order and without the consent of the
parents, guardians or others exercising temporary or permanent
control over the child when the physician, physician's assistant
or nurse practitioner treating the child, or a hospital in which
the child is being treated, finds that there is reasonable cause
to believe an imminent danger to the child's life, health or
safety exists unless the child is taken into protective custody,
whether or not additional medical treatment is required, and
there is not time to apply for a court order.
(c) A district attorney may file an emergency petition, or
the department of family services, a local law enforcement
officer, an administrator of a hospital in which a child
reasonably believed to have been abused or neglected is being
treated, or any physician, physician's assistant or nurse
practitioner who treated the child may request the court for a
protective order. After considering the emergency petition or
request, the judge or commissioner, upon finding that there is
reasonable cause to believe that a child has been abused or
neglected and that the child, by continuing in his place of
residence or in the care and custody of the person responsible
for his health, safety and welfare, would be in imminent danger
of his life, health or safety, may:
(i) Issue an ex parte order or search warrant. The
order shall place the child in the temporary protective custody
of the local child protection agency;
(ii) Issue an emergency order or search warrant upon
application and hearing, authorizing ordinary or emergency care
of the child or authorizing a forensic examination to collect
evidence.
(d) Temporary protective custody shall not exceed forty-
eight (48) hours, excluding weekends and legal holidays.
(e) When necessary for the best interest or welfare of the
child in temporary protective custody, a court may order medical
or other necessary health care, including mental health and
substance abuse care, notwithstanding the absence of a prior
finding of child abuse or neglect.