§ 14-3-440 — (g) A permanency hearing is not required if the case was dismissed, the child was not removed from the home or the child was returned to the child's parent or guardian

Wyoming § 14-3-440

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

Text

(h) The permanency hearing may be combined with a hearing
required by other sections of this chapter if the hearing is
held within twelve (12) months from the date of the child's
removal from the home. If a permanency hearing is combined with
another hearing, the requirements of the court related to the
disposition of the other hearing shall be met in addition to the
requirements of this section.
(j) At the permanency hearing, the department of family
services shall present to the court:
(i) Efforts made to:
(A) Effectuate the permanency plan for the
child, address the options for the child's permanent placement,
examine the reasons for excluding other permanency options and
set forth the proposed plan to carry out the placement decision,
including specific times for achieving the permanency plan; and
(B) Ensure the child be provided, to the
greatest extent possible, the opportunity to participate in age
appropriate or developmentally appropriate activities and
experiences as defined in W.S. 14-13-101(a)(i) to promote
healthy child and adolescent development consistent with W.S.
14-13-101 through 14-13-104.
(ii) If the permanency plan is classified as another
planned permanent living arrangement:
(A) A compelling reason for establishing another
planned permanent living arrangement; and
(B) Documentation of the ongoing and
unsuccessful efforts to return the child home, place the child
for adoption or with a legal guardian or a fit and willing
relative for purposes of guardianship or adoption, including
evidence of efforts to use social media or other search
technology to find biological family members for the child.
(iii) If the child is placed in a qualified
residential treatment program:
(A) Information to show that ongoing assessment
of the child's strengths and needs continues to support the
determination that 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 the short-term and long-term goals of the child
and the child's permanency plan;
(B) The specific treatment needs that will be
met for the child in the placement;
(C) The length of time the child is expected to
remain in the placement;
(D) The efforts made by the department of family
services to prepare the child to return home or be placed for
adoption or legal guardianship.
(k) At the permanency hearing, the court shall:
(i) Determine whether the permanency plan is in the
best interest of the child and whether the department of family
services has made reasonable efforts to finalize the plan;
(ii) Order the department of family services to take
any additional steps necessary to effectuate the terms of the
permanency plan;
(iii) Ask the child about his desired permanency
outcome if it is determined that the child should be present at
the hearing;
(iv) Ask the child's guardian ad litem or other legal
representative about the child's desired permanency outcome if
it is determined inappropriate for the child to be present at
the hearing;
(v) If the permanency plan is classified as another
planned permanent living arrangement:
(A) Make a judicial determination and explain
why, as of the date of the hearing, another planned permanent
living arrangement is the best permanency plan for the child;
and
(B) Provide reasons why it continues not to be
in the best interest of the child to return home or be placed
for adoption or with a legal guardian or a fit and willing
relative for purposes of guardianship or adoption.
(vi) Require that the child be provided, to the
greatest extent possible, the opportunity to participate in age
appropriate or developmentally appropriate activities and
experiences as defined in W.S. 14-13-101(a)(i) to promote
healthy child and adolescent development consistent with W.S.
14-13-101 through 14-13-104.
(m) When a child has been placed in foster care under the
responsibility of the state for fifteen (15) of the most recent
twenty-two (22) months the state shall file a petition to
terminate parental rights or seek to be joined as a party to the
petition if a petition has been filed by another party, unless:
(i) The child is in the care of a relative;
(ii) The state agency has documented in the case plan
a compelling reason for determining that filing the petition is
not in the best interest of the child; or
(iii) The state agency has not provided services to
the child's family deemed to be necessary for the safe return of
the child to the home, if reasonable efforts described in W.S.
14-3-440 are required to be made.
(n) Concurrently with the filing of a petition under
subsection (m) of this section, the state agency shall identify,
recruit, process and approve a qualified family for adoption of
the child.
(o) A petition to terminate parental rights shall be filed
within sixty (60) days of a judicial determination that
reasonable efforts to reunify the child and parent are not
required pursuant to W.S. 14-2-309(a)(vi), (b) or (c).
(p) A termination of parental rights hearing shall be held
within ninety (90) days of the filing of the termination
petition unless continued by the court for good cause shown.
(q) At each of the review hearings, the court shall enter
findings on the record pursuant to subsection (c) of this
section.