§ 14-6-227 — Predisposition studies and reports

Wyoming § 14-6-227

• Jurisdiction: Wyoming
• Title 14: Children
• Ch. 6: JUVENILES
• Art. 2: JUVENILE JUSTICE ACT

Text

(a) After a petition is filed alleging the child is
delinquent, the court shall order the department to make a
predisposition study and report. The court shall establish a
deadline for completion of the report. While preparing the
study the department shall consult with the child's school and
school district to determine the child's educational needs. The
study and report shall also cover:
(i) The social history, environment and present
condition of the child and his family;
(ii) The performance of the child in school,
including whether the child receives special education services
and how his goals and objectives might be impacted by the
court's disposition, provided the school receives authorization
to share the information;
(iii) The presence of child abuse and neglect or
domestic violence histories, past acts of violence, learning
disabilities, cognitive disabilities or physical impairments and
the necessary services to accommodate the disabilities and
impairments;
(iv) The presence of any mental health or substance
abuse risk factors, including current participation in
counseling, therapy or treatment; and
(v) Other matters relevant to the child's present
status as a delinquent, including any pertinent family
information, treatment of the child or proper disposition of the
case, including any information required by W.S. 21-13-315(d).
(b) Within ten (10) days after a petition is filed
alleging a child is delinquent, the court shall appoint a
multidisciplinary team. Upon motion by a party, the court may
add or dismiss a member of the multidisciplinary team.
(i) Repealed By Laws 1997, ch. 199, § 3.
(ii) Repealed By Laws 1997, ch. 199, § 3.
(iii) Repealed By Laws 1997, ch. 199, § 3.
(iv) Repealed By Laws 1997, ch. 199, § 3.
(v) Repealed By Laws 1997, ch. 199, § 3.
(vi) Repealed By Laws 1997, ch. 199, § 3.
(vii) Repealed By Laws 1997, ch. 199, § 3.
(c) The multidisciplinary team shall include the
following:
(i) The child's parent, parents or guardian;
(ii) A representative of the school district who has
direct knowledge of the child and, if the child receives special
education, is a member of the child's individualized education
plan team;
(iii) A representative of the department;
(iv) The child's psychiatrist, psychologist or mental
health professional;
(v) The district attorney or his designee;
(vi) The child's attorney or guardian ad litem, if
one is appointed by the court;
(vii) The volunteer lay advocate, if one is appointed
by the court; and
(viii) The foster parent.
(d) In addition to the persons listed in subsection (c) of
this section, the court may appoint one (1) or more of the
following persons to the multidisciplinary team:
(i) Repealed By Laws 2005, ch. 236, § 4.
(ii) Repealed By Laws 2005, ch. 236, § 4.
(iii) The child;
(iv) A relative;
(v) If the predispositional study indicates a parent
or child has special needs, an appropriate representative of the
department of health's substance abuse, mental health or
developmental disabilities division who has knowledge of the
services available in the state's system of care that are
pertinent to those identified needs;
(vi) Other professionals or persons who have
particular knowledge relating to the child or his family, or
expertise in children's services and the child's or parent's
specific disability or special needs, including linguistic and
cultural needs.
(e) Before the first multidisciplinary team meeting, the
department of family services shall provide each member of the
multidisciplinary team with a brief summary of the case
detailing the allegations in the petition that have been
adjudicated, if any. The multidisciplinary team shall, as
quickly as reasonably possible, review the child's personal and
family history, school, mental health and department of family
services records and any other pertinent information, for the
purpose of making sanction recommendations. The team shall
involve the child in the development of recommendations to the
extent appropriate.
(f) At the first multidisciplinary team meeting, the team
shall formulate reasonable and attainable recommendations for
the court outlining the goals or objectives the parents should
be required to meet for the child to be returned to the home or
for the case to be closed, or until ordered by the court in
termination proceedings. At each subsequent meeting, the
multidisciplinary team shall review the progress of the parents
and the child, and shall reevaluate the plan ordered by the
court. For cause, which shall be set forth with specificity,
the multidisciplinary team may adjust its recommendations to the
court with respect to the goals or objectives in the plan to
effect the return of the child to the home or to close the case,
or until ordered by the court in termination proceedings. The
multidisciplinary team shall formulate written recommendations
consistent with the purposes of this act. After each
multidisciplinary team meeting, the coordinator shall prepare
for submission to each member of the team and to the court a
summary of the multidisciplinary team meeting specifically
describing the recommendations for the court and the goals and
objectives which should be met to return the child to the home
or to close the case, or until ordered by the court in
termination proceedings. If the recommendations for the case
plan have been changed, the summary shall include a detailed
explanation of the change in the recommendations and the reasons
for the change.
(g) All records, reports and sanction recommendations of
the multidisciplinary team are confidential except as provided
by this section. Any person who willfully violates this
subsection is guilty of a misdemeanor and upon conviction shall
be fined not more than five hundred dollars ($500.00).
(h) Except for consideration at a hearing on a motion to
transfer the case to another court as provided in W.S. 14-6-237,
the court shall not consider any report or recommendation under
this section prior to adjudication of the allegations in the
petition without the consent of the child and the child's
parents, guardian or custodian.
(j) Any member of a multidisciplinary team who cannot
attend team meetings in person or by telephone may submit
written reports and recommendations to the other team members
and to the court. Individuals who are not members of the
multidisciplinary team but have knowledge pertinent to the
team's decisions may be asked to provide information to the
multidisciplinary team. The individuals shall be bound by the
confidentiality provisions of subsection (g) of this section.
(k) The department shall develop a case plan for a
juvenile when there is a recommendation to place the child
outside the home.
(m) If the child is placed outside the home, the
multidisciplinary team shall meet quarterly to review the
child's and the family's progress toward meeting the goals or
expectations in the case plan and the multidisciplinary team
shall provide a written report with recommendations to the court
prior to each review hearing.
(n) No later than five (5) business days prior to the
dispositional hearing, the multidisciplinary team shall file
with the court the multidisciplinary team report which shall
include the multidisciplinary team's recommendations and the
department case plan in a standard format established by the
department.
(o) Five (5) business days prior to each review hearing,
the multidisciplinary team shall file with the court a report
updating the multidisciplinary team report, the
multidisciplinary team's recommendations and the department case
plan.