§ 14-3-409 — Taking of child into custody; shelter care hearing where no court order; conditional release; evidence; rehearing

Wyoming § 14-3-409

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

Text

(a) When a child is taken into temporary protective
custody without a court order or under an ex parte emergency
order, a petition as provided in W.S. 14-3-412 shall be promptly
filed and presented to the court. A shelter care hearing shall
be held as soon as reasonably possible not later than forty-
eight (48) hours, excluding weekends and legal holidays, after
the child is taken into temporary protective custody to
determine if further shelter care is required pending further
court action. Written notice stating the time, place and purpose
of the hearing shall be given to the child and to his parents,
guardian or custodian.
(b) At the commencement of the hearing the judge shall
advise the child and his parents, guardian or custodian of:
(i) The contents of the petition and the nature of
the allegations contained therein;
(ii) Their right to counsel as provided in W.S.
14-3-422;
(iii) The right to confront and cross-examine
witnesses or to present witnesses and evidence in their own
behalf and the right to issuance of process by the court to
compel the appearance of witnesses and the production of
evidence;
(iv) The right to a jury trial as provided in W.S.
14-3-423;
(v) The right to appeal as provided in W.S. 14-3-432;
and
(vi) The state's obligation, pursuant to W.S.
14-3-431(d), to file a petition to terminate parental rights
when a child has been placed in foster care under the
responsibility of the state for fifteen (15) months of the most
recent twenty-two (22) months unless the court finds that one
(1) of the exceptions listed in W.S. 14-3-431(m) applies.
(c) An initial hearing may be held in conjunction with a
shelter care hearing, provided the requirements of W.S.
14-3-413, 14-3-414 and 14-3-426 have been met. The court shall
set a time not to exceed sixty (60) days for an adjudicatory
hearing, unless the court finds good cause to delay or postpone
the hearing. In no case shall the court hold the adjudicatory
hearing more than ninety (90) days after the date the petition
is filed.
(d) The court shall determine whether or not the child's
full-time shelter care is required to protect the child's
welfare pending further proceedings. If the court determines
that returning the child to the home is contrary to the welfare
of the child, the court shall enter the finding on the record
and order the child placed in the legal custody of the
department of family services. If the court finds that full-time
shelter care is not required, the court shall order the child
released and may impose one (1) or more of the following
conditions:
(i) Place the child in the custody and supervision of
his parents, guardian or custodian, under the supervision of the
department of family services or under the protective
supervision of any individual or organization approved by the
court that agrees to supervise the child; or
(ii) Impose any other terms and conditions of release
deemed reasonably necessary to assure the appearance of the
child at subsequent proceedings or necessary to his protection
from harm.
(e) All relevant and material evidence helpful in
determining the need for shelter care may be admitted by the
court even though not competent in an adjudicatory hearing on
the allegations of the petition.
(f) If a child is not released after a shelter care
hearing and it appears by sworn statement of the parents,
guardian or custodian that they did not receive notice and did
not waive notice and appearance at the hearing, the court shall
rehear the matter without delay.