(a)In determining the disposition to be made under this
act in regard to any child:
(i)The court shall review the predisposition report,
the recommendations, if any, of the multidisciplinary team, the
case plan and other reports or evaluations ordered by the court
and indicate on the record what materials were considered in
reaching the disposition;
(ii)If the court does not place the child in
accordance with the recommendations of the predisposition report
or multidisciplinary team, the court shall enter on the record
specific findings of fact relied upon to support its decision to
deviate from the recommended disposition;
(iii)When a child is adjudged by the court to be
neglected the court shall enter its decree to that effect and
make a disposition as provided in this section that p
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(a) In determining the disposition to be made under this
act in regard to any child:
(i) The court shall review the predisposition report,
the recommendations, if any, of the multidisciplinary team, the
case plan and other reports or evaluations ordered by the court
and indicate on the record what materials were considered in
reaching the disposition;
(ii) If the court does not place the child in
accordance with the recommendations of the predisposition report
or multidisciplinary team, the court shall enter on the record
specific findings of fact relied upon to support its decision to
deviate from the recommended disposition;
(iii) When a child is adjudged by the court to be
neglected the court shall enter its decree to that effect and
make a disposition as provided in this section that places the
child in the least restrictive environment consistent with what
is best suited to the public interest of preserving families and
the physical, mental and moral welfare of the child;
(iv) When a child is adjudged to be neglected the
court shall ensure that reasonable efforts were made by the
department of family services to prevent or eliminate the need
for removal of the child from the child's home or to make it
possible for the child to return to the child's home. Before
placing a child outside of the home, the court shall find by
clear and convincing evidence that to return the child to the
child's home would not be in the best interest of the child
despite efforts that have been made;
(v) The court shall not order an out-of-state
placement unless:
(A) Evidence has been presented to the court
regarding the costs of the out-of-state placement being ordered
together with evidence of the comparative costs of any suitable
alternative in-state treatment program or facility, as
determined by the department of family services pursuant to W.S.
21-13-315(d)(vii), whether or not placement in the in-state
program or facility is currently available;
(B) The court makes an affirmative finding on
the record that no placement can be made in a Wyoming
institution or in a private residential treatment facility or
group home located in Wyoming that can provide adequate
treatment or services for the child; and
(C) The court states on the record why no
in-state placement is available.
(b) If the child is found to be neglected the court may:
(i) Permit the child to remain in the legal custody
of his parents, guardian or custodian without protective
supervision, subject to terms and conditions prescribed by the
court;
(ii) Place the child under protective supervision;
(iii) Transfer temporary legal custody to a relative
or other suitable adult the court finds qualified to receive and
care for the child, with or without supervision, subject to
terms and conditions prescribed by the court;
(iv) Transfer temporary legal custody to the
department of family services or a state or local public agency
responsible for the care and placement of neglected children,
provided the child shall not be committed to the Wyoming boys'
school, the Wyoming girls' school or the Wyoming state hospital.
(c) In cases where a child is ordered removed from the
child's home:
(i) If a child is committed or transferred to an
agency or institution under this section, at least every three
(3) months the agency or institution shall recommend to the
court if the order should be continued;
(ii) The court shall order the parents or other
legally obligated person to pay a reasonable sum for the support
and treatment of the child as required by W.S. 14-3-435, or
shall state on the record the reasons why an order for support
was not entered;
(iii) In cases where the child is placed in custody
of the department, support shall be established by the
department through a separate civil action;
(iv) Any order regarding potential placement at a
psychiatric residential treatment facility shall not specify a
particular psychiatric residential treatment facility or level
of care for the placement of the child;
(v) If the child is placed in a qualified residential
treatment program:
(A) Within thirty (30) days of the placement a
qualified individual shall conduct an assessment to determine
whether the child's needs can be met through placement with
family members or in a foster family home, or if the placement
in a qualified residential treatment program provides the most
effective and appropriate level of care for the child in the
least restrictive environment consistent with short-term and
long-term goals of the child and the child's permanency plan;
(B) Within sixty (60) days of the placement the
court shall:
(I) Consider the assessment completed
pursuant to subparagraph (A) of this paragraph;
(II) Determine whether the child's needs
can be met through placement in a foster family home or whether
the placement in a qualified residential treatment program
provides the most effective and appropriate level of care for
the child in the least restrictive environment;
(III) Determine whether the placement is
consistent with short-term and long-term goals of the child, as
specified in the child's permanency plan;
(IV) Approve or disapprove the placement.
(d) As a part of any order of disposition and the terms
and conditions thereof, the court may:
(i) Impose any demands, requirements, limitations,
restrictions or restraints on the child, and do all things with
regard to the child that his parents might reasonably and
lawfully do under similar circumstances;
(ii) Order the child, or his parents, or both, to
undergo evaluation and indicated treatment or another program
designed to address problems which contributed to the
adjudication. A parent who willfully violates or neglects or
refuses to comply with any order of the court may be found in
contempt and punished as provided by W.S. 14-3-438;
(iii) Require the child's parents or guardian to
attend a parenting class or other appropriate education or
treatment designed to address problems which contributed to the
adjudication and to pay all or part of the cost of the class,
education or treatment in accordance with the court's
determination of their ability to pay;
(iv) Require the child's parents or guardian and the
child to participate in a court supervised treatment program
qualified under W.S. 5-12-101 through 5-12-118, provided the
court supervised treatment program accepts the child's parents
or guardian and the child for participation in its program.
(e) An institution, organization or agency vested with
legal custody of a child by court order shall have the right to
determine where and with whom the child shall live, provided
that placement of the child does not remove him from the state
of Wyoming without court authorization. An individual vested
with legal custody of a child by court order shall personally
exercise custodial rights and responsibilities unless otherwise
authorized by the court.
(f) Whenever the court vests legal custody of a child in
an institution, organization or agency it shall transmit with
the order copies of all clinical reports, social studies and
other information pertinent to the care and treatment of the
child. The institution, organization or agency receiving legal
custody of a child shall provide the court with any information
concerning the child that the court may request.
(g) In placing a child in the custody of an individual or
a private agency or institution, the court shall give primary
consideration to the needs and welfare of the child. Where a
choice of equivalent services exists, the court shall, whenever
practicable, select a person or an agency or institution
governed by persons of the same religion as that of the parents
of the child. In case of a difference in the religious faith of
the parents, then the court shall select the person, agency or
institution governed by persons of the religious faith of the
child, or if the religious faith of the child is not
ascertainable, then of the faith of either parent.
(h) Absent a specific provision in the placement order
requiring prior court approval for any change in placement, a
department of state government vested with temporary legal
custody of a child by court order under this section has
authority to place the child in a residential facility or other
out-of-home placement of similar or less restrictive confinement
provided:
(i) At least ten (10) days prior to the change in
placement written notice of the proposed placement is served
upon the child, the child's parents, the child's representative,
the current placement provider and the office of the district
attorney of original jurisdiction, personally or by certified
mail to the recipient's last known address; and
(ii) None of the parties within ten (10) days after
notice is filed with the juvenile court having jurisdiction,
makes a written objection to the proposed change in placement.
(j) If a placement order vesting a department of state
government with temporary legal custody of a child under this
section includes a provision that court approval shall be
required prior to any change in placement, the department may
proceed to place the child in a residential facility or other
out-of-home placement of similar or less restrictive
confinement, and the court shall be deemed to have approved such
change in placement, if:
(i) The conditions of paragraphs (h)(i) and (ii) of
this section are met; and
(ii) The court on its own motion does not set the
matter for hearing within fifteen (15) days after notice of the
proposed change in placement is filed with the juvenile court.