Title 14 — Title 14 — Children

Interagency children's collaborative. (a) There is created an interagency children's collaborative. The collaborative shall be composed of: (i) The director of the department of family services, or his designee; designee; (ii) (iii) his designee; The director of the department of…

Other laws not superseded. No laws of this state are superseded by the provisions of W.S. 14-3-201 through 14-3-216.

(a) Definitions. As used in this article: (i) "Tobacco products" means any substance containing tobacco leaf or any product made or derived from tobacco that contains nicotine including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobac…

Prohibited sales or delivery. (a) No individual shall sell, offer for sale, give away or deliver nicotine products to any person under the age of twentyone (21) years. (b) Any individual violating W.S. 14-3-309 or subsection (a) of this section is guilty of a misdemeanor punishab…

machines. Posted notice required; location of vending (a) Any person who sells nicotine products shall post signs informing the public of the age restrictions provided by this article at or near every display of nicotine products and on or upon every vending machine which offers …

prohibited. Purchase by person under twenty-one years of age (a) No person under the age of twenty-one (21) years shall purchase or attempt to purchase nicotine products, or misrepresent his identity or age, or use any false or altered identification for the purpose of purchasing…

Possession or use by person under twenty-one years of age prohibited. (a) It is unlawful for any person under the age of twentyone (21) years to possess or use any nicotine products. A person shall not be arrested for an alleged violation of this subsection but shall be issued a …

Teen court jurisdiction. The teen court program authorized under W.S. 7-13-1203 may have jurisdiction over any offense committed by a minor under this article.

Compliance inspections. (a) The department of health, working with local law enforcement agencies and other local individuals and organizations at the discretion of the department, shall be the lead agency to ensure compliance with this article. (b) The department of health shall…

Further regulation by local ordinance. (a) Except as specified under subsection (b) of this section, this article shall not be construed to prohibit the imposition by local law or ordinance of further regulation or prohibition upon the sale, use and possession of nicotine product…

Regulation of mail order and internet purchases and sales; proof of age; penalties. (a) No person shall sell at retail or wholesale any nicotine product through the internet or any other remote sales method to any person in this state, other than a vendor licensed under W.S. 39-1…

Prohibited sales or delivery of edible products and vaping products. (a) No person or retailer shall sell, permit the sale, offer for sale, give away or deliver edible products or vaping products to any person under the age of eighteen (18) years. (b) Any person violating subsect…

Short title; applicability. (a) This act shall be known and may be cited as the "Child Protection Act." (b) If the child suspected to be abused or neglected is an Indian child as defined by W.S. 14-6-702(a)(iv), the court and all parties shall comply with the Wyoming Indian Child…

(a) Definitions. 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 attained the age of majority; (iii) "Child" means an individ…

"This act" means W.S. 14-3-401 through 14-3- Juvenile court authority over certain issues. (a) Coincident with proceedings concerning a minor alleged to be neglected and subject to the Wyoming Indian Child Welfare Act, the court has jurisdiction to: (i) Determine questions concer…

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. Change of venue or change of judge may be had under the circumstances and upon the terms and conditions provided …

Taking of child into custody; when permitted. (a) A child, or any other child residing in the same household, may be taken into custody by a law enforcement officer without a warrant or court order and without the consent of the parents, guardians or others exercising temporary o…

Child in custody; no shelter care placement without court order; exceptions; notice to parent or guardian; release. (a) A child taken into temporary protective custody shall not be placed in shelter care without a court order unless shelter care is required to: (i) Protect the ch…

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

Notice of shelter care to be given district attorney; written statement required; duty of district attorney. (a) When a child is taken into temporary protective custody without a court order and is placed in shelter care pursuant to W.S. 14-3-405(a) or (b), the person taking temp…

Taking of child into custody; shelter care hearing where no court order; conditional release; evidence; rehearing. (a) When a child is taken into temporary protective custody without a court order or under an ex parte emergency order, a petition as provided in W.S. 14-3-412 shall…

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

Complaints alleging neglect; investigation and determination by district attorney. Complaints alleging a child is neglected shall be referred to the office of the district attorney. The district attorney shall determine whether the best interest of the child requires that judicia…

petition. Commencement of proceedings; contents of (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. (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 responsible a…

Presence of parent, custodian or guardian at hearing; failure to appear; avoidance of service; issuance of bench warrant. (a) The court shall ensure 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…

Physical and mental examinations. Any time after the filing of a petition, on motion of the district attorney or the child's parents, guardian, custodian or attorney or on motion of the court, the court may order the child to be examined by a licensed and qualified physician, sur…

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 and at their initial hearing the child's parents, guardian or custodian shall be advised by the court of their right to be represente…

Rights of parties generally; demand for and conduct of jury trial. to: (a) A party to any proceeding under this act is entitled (i) A copy of all charges made against him; (ii) Confront and cross-examine adverse witnesses; (iii) Introduce evidence, present witnesses and otherwise…

Conduct of hearings generally; exclusion of general public and child; exceptions; consolidations, continuances or deferrals 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…

Burden of proof required; verdict of jury; effect thereof. (a) Allegations of conduct showing a child to be neglected must be proved by a preponderance of the evidence. (b) If trial by jury is demanded, the jury shall decide issues of fact raised by the petition and return its ve…

(g) Parties discharged by the court under a consent decree without reinstatement of the original petition and proceeding shall not thereafter be proceeded against in any court for the same misconduct alleged in the original petition except concurrent criminal allegations or charg…

Predisposition studies and reports. (a) After a petition is filed alleging a child is neglected, the court shall order the department of family services to make a predisposition study and report. The court shall establish a deadline for completion of the report. While preparing t…

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 to be neglected and before adjudication, the court may issue a consent decree ordering …

Decree where child adjudged neglected; 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 multidisciplina…

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…

Duration of orders of disposition; termination of orders; permanency hearings; petition for termination of parental rights. (a) An order of disposition shall remain in force for an indefinite period until terminated by the court whenever it appears the purpose of the order has be…

cost thereof. Appeal; right generally; transcript provided; (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 …

Proceedings deemed in equity. All proceedings under this act shall be regarded as proceedings in equity and the court shall have and exercise equitable jurisdiction.

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…

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's parent, parents, or guardian or any other person who willfully viola…