Title 14, Title 14 — Children

Interstate Compact for Juveniles; compact provisions generally. ARTICLE I PURPOSE (a) The compacting states to this interstate compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents and status offenders who are on probation…

Definitions; short title; statement of purpose and interpretation. (a) As used in this act: (i) "Adjudication" means a finding by the court or the jury, incorporated in a decree, as to the truth of the facts alleged in the petition; (ii) "Adult" means an individual who has attain…

If the basis of the petition is an alleged delinquent act based upon a violation of the laws of the state or a political subdivision, the petition shall cite the alleged law violated. (c) The petition shall state if any of the facts enumerated in subsection (b) of this section ar…

Venue; change of venue or judge. Proceedings under this act may be commenced in the county where the child is living or is present when the proceedings are commenced or in the county where the alleged delinquent act occurred. Change of venue or change of judge may be had under th…

Taking of child into custody; when permitted. (a) A child may be taken into custody by a law enforcement officer without a warrant or court order when: (i) The circumstances would permit an arrest without a warrant under W.S. 7-2-102; (ii) There are reasonable grounds to believe …

Child in custody; no detention without court order; exceptions; notice to parent or guardian; release. (a) In accordance with procedures specified in W.S. 7-1-108(c) and (d), a child taken into custody shall not be held in detention or placed in shelter care without a court order…

Detention or shelter care; delivery of child pending hearing; placing children; separate detention; notice if no court order. (a) If detention or shelter care of a child appears necessary to the person taking custody of the child, the child shall be delivered as soon as possible …

Notice of detention to be given district attorney; written statement required; duty of district attorney. (a) When a child is taken into custody without a court order and is placed in detention or shelter care, the person taking custody of the child shall notify the district atto…

Taking of child into custody; informal hearing where no court order; conditional release; evidence; rehearing. (a) When a child is placed in detention or shelter care without a court order, a petition as provided in W.S. 14-6-212 shall be promptly filed and presented to the court…

Hearing conducted by commissioner; authority and duty; review by court. (a) In the absence or incapacity of the judge, the detention or shelter care hearing may be conducted by a district court commissioner of the county in which the child is being detained or held in shelter car…

Complaints alleging delinquency; investigation and determination by district attorney. (a) Complaints alleging a child is delinquent shall be referred to the office of the district attorney. The district attorney shall determine whether the best interest of the child or of the pu…

Commencement of proceedings; contents of petition. (a) Proceedings in juvenile court are commenced by filing a petition with the clerk of the court. The petition and all subsequent pleadings, motions, orders and decrees shall be entitled "State of Wyoming, In the Interest of ....…

Order to appear; contents thereof; when child taken into immediate custody; waiver of service. (a) After a petition is filed, the court shall issue an order to appear. The order shall: (i) State the name of the court, the title of the proceedings and the time and place for the in…

Service of process; order of custody or detention. (a) In proceedings under this act, service of order to appear or other process within the state shall be made by the sheriff of the county where service is made, by his undersheriff or deputy or by any law enforcement officer or …

Presence of parent, custodian or guardian at hearing; failure to appear; avoidance of service; issuance of bench warrant. (a) The court shall insure the presence at any hearing of the parents, guardian or custodian of any child subject to the proceedings under this act. (b) Any p…

Appointment of guardian ad litem. The court shall appoint a guardian ad litem for a child who is a party to proceedings under this act if the child has no parent, guardian or custodian appearing in his behalf or if the interests of the parents, guardian or custodian are adverse t…

Subpoenas for witnesses and evidence. Upon application of any party to the proceeding, the clerk shall issue and the court on its own motion may issue subpoenas requiring the attendance and testimony of witnesses and the production of records, documents or other tangible evidence…

Search warrant; when authorized; affidavit required; contents of affidavit and warrant; service and return. (a) The court or a commissioner may issue a search warrant within the court's jurisdiction if it appears by application supported by affidavit of one (1) or more adults tha…

Copies of the examination reports shall be made available to the child's parents, guardian, custodian or attorney upon request.

Emergency medical, surgical or dental examination or treatment. The court may authorize and consent to emergency medical, surgical or dental examination or treatment of a child taken into custody under the provisions of this act either before or after the filing of a petition, if…

Reports of medical or mental examinations; use of results; copies. The results of any medical or mental examination authorized or ordered by the court shall be reported to the court in writing and signed by the person making the examination. The results may not be considered by t…

Advising of right to counsel required; appointment of counsel; verification of financial condition. (a) At their first appearance before the court the child and his parents, guardian or custodian shall be advised by the court of their right to be represented by counsel at every s…

Privilege against self-incrimination; rights of parties generally; demand for and conduct of jury trial. (a) A child alleged to be delinquent may remain silent and need not be a witness against or otherwise incriminate himself, whether before the court voluntarily, by subpoena or…

Conduct of hearings generally; exclusion of general public and child; exceptions; consolidations permitted. (a) Unless a jury trial is demanded, hearings under this act shall be conducted by the court without a jury in an informal but orderly manner and separate from other procee…

Burden of proof required; verdict of jury; effect thereof. (a) Allegations that a child has committed a delinquent act must be proved beyond a reasonable doubt. (b) If trial by jury is demanded, the jury shall decide issues of fact raised by the petition and return its verdict as…

Initial appearance; adjudicatory or transfer hearing; entry of decree and disposition; evidentiary matters; continuance of disposition hearing. (a) At their initial hearing, which may be held after a detention or shelter care hearing or a transfer hearing, the child and his paren…

Predisposition studies and reports. (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 dep…

Abeyance of proceedings by consent decree; term of decree; reinstatement of proceedings; effect of discharge or completing term. (a) At any time after the filing of a petition alleging a child delinquent and before adjudication, the court may issue a consent decree ordering furth…

Decree where child adjudged delinquent; dispositions; terms and conditions; legal custody. (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 multidisciplin…

Orders of protection; requirements. (a) On application of any party to the proceedings or on its own motion the court may make an order of protection in support of the decree and order of disposition, restraining or otherwise controlling the conduct of the child's parents, guardi…

Release of child from institution; duration of orders of disposition; termination of orders. (a) A child committed to the Wyoming boys' school, the Wyoming girls' school or the Wyoming state hospital may be released from that institution by the agency having the direct authority …

Probation revocation hearing; how commenced and conducted; contents of petition; disposition. (a) A child on probation incident to an adjudication of his delinquency who commits a new delinquent act or violates the terms and conditions of his probation may be proceeded against in…

Appeal; right generally; transcript provided; cost thereof. (a) Any party including the state may appeal any final order, judgment or decree of the juvenile court to the supreme court within the time and in the manner provided by the Wyoming Rules of Appellate Procedure. (b) Upon…

Stay of orders pending appeal; securing of payment; staying transfer of legal custody. (a) If an appeal is taken, an order to pay a fine, costs, support for a child, restitution or any order for the payment of money may be stayed by the juvenile court or by the supreme court pend…

Fees, costs and expenses. (a) There is no fee for filing a petition under this act nor shall any state, county or local law enforcement officer charge a fee for service of process under this act. Witness fees, juror fees and travel expenses in the amounts allowable by law may be …

Ordering payment for support and treatment of child; how paid; enforcement. (a) When legal custody of a child, other than temporary guardianship, is vested by court order in an individual, agency, institution or organization other than the child's parents, the court shall in the …

Transfer hearing; transfer of proceedings commenced in district court or in municipal or circuit court. (a) After a petition alleging a child has committed a delinquent act is filed, the court may, on its own motion or that of any party any time prior to the adjudicatory hearing,…

Proceedings deemed in equity; effect of orders and decrees. All proceedings under this act shall be regarded as proceedings in equity and the court shall have and exercise equitable jurisdiction. No order or decree pursuant to this act shall be deemed a conviction of a crime or i…

Records and reports confidential; inspection. (a) Throughout proceedings pursuant to this act the court shall safeguard the records from disclosure. Upon completion of the proceedings, whether or not there is an adjudication, the court shall order the entire file, except for chil…

Fingerprinting or photographing of child; disclosure of child's records. (a) No child shall be fingerprinted or photographed by a law enforcement agency or peace officer unless: (i) The child has been arrested for a felony; (ii) A petition has been filed in juvenile court allegin…

Expungement of records in juvenile, circuit and municipal courts. (a) Any person adjudicated delinquent as a result of having committed a delinquent act other than a violent felony as defined by W.S. 6-1-104(a)(xii), under the provisions of this act may petition the court for the…

Liability for contempt; penalties. Notwithstanding any other provision of law, the court upon its own motion or upon the motion of the district or county attorney, or guardian ad litem, may find that the child, child's parent, parents, or guardian or any other person who willfull…

Separate docket for juvenile cases; availability of records for statistics. The clerk of the court shall maintain a separate docket for juvenile cases and record therein the case number, the offense charged, the age of the child involved and the disposition made. The records shal…

Parental liability for failure to exercise reasonable control and authority. (a) A parent or guardian having custody of a child shall exercise such parental control and authority over the child as is reasonably necessary to prevent the child from engaging in delinquent acts. (b) …

Progressive sanction guidelines. (a) The purpose of the progressive sanctions guidelines authorized by W.S. 14-6-245 through 14-6-252 are to: (i) Ensure that juvenile offenders face uniform and consistent consequences and punishments that correspond to the seriousness of each off…

Sanction levels. (a) Subject to subsection (c) of this section, when a child is adjudicated as a delinquent the juvenile court may, in a disposition hearing, assign the child one (1) of the following sanction levels according to the child's conduct: (i) For a misdemeanor punishab…

Sanctions common to all levels. (a) For a child at any sanction level, the juvenile court may: (i) Transfer temporary legal custody to a relative, other suitable adult, state agency or local public agency the court finds qualified to receive and care for the child, subject to ter…

Sanction level one. (a) For a child at sanction level one, the juvenile court may: (i) Place the child on probation for not less than three (3) months nor more than six (6) months; (ii) Require the child's parents or guardians to identify restrictions the parents or guardians sha…

Sanction level two. (a) For a child at sanction level two, the juvenile court may: (i) Place the child on probation for not less than six (6) months; (ii) Impose specific restrictions on the child's activities and requirements on the child's behavior as conditions of probation; (…

Sanction level three. (a) For a child at sanction level three, the juvenile court may: (i) Require the child to participate as a condition of probation for not less than three (3) months in a highly intensive and regimented residential program, operated by the department or by a …