(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 in
need of supervision the court shall enter its decree to that
effect and make a disposition as provided in this s
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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 in
need of supervision 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, the physical, mental and moral welfare of the child;
(iv) When a child is adjudged to be in need of
supervision 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 in need of supervision the
court may:
(i) Permit the child to remain in the custody of his
parents, guardian or custodian under protective supervision,
subject to terms and conditions prescribed by the court;
(ii) Transfer temporary legal custody to a relative
or other suitable adult the court finds qualified to receive and
care for the child, with supervision, subject to terms and
conditions prescribed by the court;
(iii) Transfer temporary legal custody to a state or
local public agency responsible for the care and placement of
children in need of supervision, provided:
(A) The child shall not be committed to the
Wyoming boys' school or the Wyoming girls' school unless the
child has attained the age of twelve (12) years and is also
found delinquent;
(B) The court may not transfer the temporary
legal custody to a state agency for out-of-community placement
unless the child or the child's family has failed to perform
under a court supervised consent decree or the department of
family services has certified that a community treatment plan
has proven unsuccessful.
(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:
(A) At least every three (3) months the agency
or institution shall recommend to the court if the order should
be continued;
(B) Not less than once every six (6) months, the
court of jurisdiction shall conduct a formal review to assess
and determine the appropriateness of the current placement, the
reasonable efforts made to reunify the family, the safety of the
child and the permanency plan for the child. During this review:
(I) The department of family services shall
present to the court:
(1) If the permanency plan is
classified as another planned permanent living arrangement,
documentation of the ongoing and unsuccessful efforts to return
the child home or 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;
(2) Efforts made to ensure that the
child is 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; and
(3) 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.
(II) The court shall:
(1) 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;
(2) Order the department of family
services to take any additional steps necessary to effectuate
the terms of the permanency plan;
(3) Ask the child or, if the child is
not present at the review, the child's guardian ad litem or
other legal representative about the child’s desired permanency
outcome;
(4) 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 review, 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 be
placed with a fit and willing relative for purposes of
guardianship or adoption.
(5) Make findings whether the child
has been 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) 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. 14-6-435, 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 the 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 needs of the
child 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 placement is
consistent with the short-term and long-term goals for 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) Require a child to perform a designated number of
hours of community service, or to participate in a work program
or to perform labor or services under the supervision of a
responsible adult designated by the court and within the limits
of applicable laws and regulations governing child labor, to
enable the child to meet the obligations imposed pursuant to
this act or for the purpose of discipline and rehabilitation
when deemed necessary or desirable by the court;
(ii) Order the child to be examined or treated by a
physician, surgeon, psychiatrist or psychologist or to obtain
other specialized treatment, care, counseling or training, and
place the child in a hospital or medical facility, youth camp,
school or other suitable facility for treatment;
(iii) Restrict or restrain the child's driving
privileges for a period of time the court deems appropriate, and
if necessary to enforce the restrictions the court may take
possession of the child's driver's license;
(iv) 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;
(v) 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. 14-6-438;
(vi) After notice to appear, order the child's
custodial and noncustodial parent or guardian to participate in
the child's treatment or plan of supervision or probation, or
otherwise order the performance of any acts which are reasonably
necessary to aid the juvenile in completion of court ordered
obligations;
(vii) Require the child's parents or guardian to
attend a parenting class or other appropriate education or
treatment 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;
(viii) 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 with court
approval, 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) Any disposition order for a child in need of
supervision continues in force for not more than one (1) year,
as ordered by the court. A hearing shall be held before the
expiration of the disposition order to determine the
appropriateness of continuing the order including but not
limited to whether the child should be returned to the parent's
custody, remain under custody as ordered or have the custody
order amended. The court shall enter an appropriate disposition
order after each hearing under this subsection.
(j) The clerk of the court granting probation to a youth
adjudicated in need of supervision shall send a certified copy
of the order to the department of family services if the
department has been requested to provide supervision of the
probationer.
(k) At the time of granting probation or at any later
time, the court may request the department of family services to
provide supervision of the probationer. The supervising
probation officer shall not be required to supervise or report
on a youth granted probation unless requested to do so by the
court granting probation.
(m) 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.
(n) Repealed By Laws 2011, Ch. 12, § 2.