Title 14, Title 14 — Children

General powers. (a) The department of family services shall adopt reasonable rules and regulations necessary to carry out the provisions of W.S. 14-6-301 through 14-6-314 including policy relating to: (i) The conduct of predisposition reports, social summaries, multidisciplinary …

Home leave eligibility and return to institutions. (a) In granting a home leave, the institution shall fix terms and conditions it deems proper to govern the conduct of the youth while the home leave is in effect. The terms and conditions may be special in each case or may be pre…

Duties of probation officers. (a) Under direction and supervision of the director of the department or division administrators, the designated department probation officers shall: (i) Investigate all cases referred by the juvenile court, the department or an institution, and repo…

Disclosure of information and data. All information and data obtained in the discharge of official duties by the supervising probation officer is privileged information and shall not be disclosed directly or indirectly to anyone other than to the juvenile court, department of fam…

Selection of other agencies. (a) In order to further the objectives of W.S. 14-6-301 through 14-6-308, the department or the juvenile court may appoint a local, county or private agency which, acting under supervision, may: (i) Advise and assist the supervising probation officer …

Applicability of Interstate Compact on Juveniles. (a) The provisions of the Interstate Compact on Juveniles for supervision of youth placed on probation, W.S. 14-6-101, shall govern in all cases in which a juvenile court of this state grants a probationer permission to leave this…

Authority to establish an intensive supervision program; rulemaking authority. (a) The department is authorized to adopt reasonable rules and regulations to establish an intensive supervision program for juvenile probationers. (b) An intensive supervision program established unde…

Program participation not a matter of right. (a) Participation in an intensive supervision program authorized by this article is a matter of discretion and not of right. (b) No juvenile probationer shall be allowed to participate in an intensive supervision program authorized by …

Program participation as a condition of release from placement. (a) The department may, as a condition of release from court-ordered placement and if authorized by the court, require a juvenile probationer to participate in an intensive supervision program established under this …

Placement of probationer in program by juvenile court. (a) A juvenile court may, as a condition of probation, order that a juvenile who has been adjudicated delinquent participate in an intensive supervision program established under this article, provided: (i) Space is available…

Program participation as an alternative to probation revocation. (a) The department may, as an alternative to recommending revocation of probation, offer any juvenile probationer who is not already participating in an intensive supervision program the opportunity to participate i…

Administrative sanctions for program violations. (a) The department is authorized to establish by rule and regulation a system of administrative sanctions as an alternative to probation revocation for juvenile probationers who violate the rules and restrictions of an intensive su…

Short title. (a) This act shall be known and may be cited as the "Children In Need of Supervision Act." (b) If a child alleged of being in need of supervision under this act is an Indian child as defined by W.S. 14-6- 702(a)(iv), the court and all parties shall comply with the Wy…

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

Juvenile court authority over certain issues. (a) Coincident with proceedings concerning a minor alleged to be in need of supervision and subject to the Wyoming Indian Child Welfare Act, the court has jurisdiction to: (i) Determine questions concerning the right to legal custody …

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 misconduct showing the child to be in need of supervision occurred. Change of venue or …

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 or shelter care placement without court order; exceptions; notice to parent or guardian; release. (a) A child taken into custody shall not be placed in detention or shelter care without a court order unless shelter care is required to: (i) Protect t…

Detention or shelter care; delivery of child pending hearing; placing children; 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 to the court or to t…

Notice of detention or shelter care 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 t…

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. 14-6-412 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 held in detention or shelter ca…

Complaints alleging child in need of supervision; investigation and determination by district attorney. (a) Complaints alleging a child is in need of supervision shall be referred to the office of the district attorney. The district attorney shall determine whether the best inter…

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. (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 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…

Physical and mental examinations. (a) 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,…

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 the child's right to be represented by counsel at e…

Rights of parties generally; demand for and conduct of jury trial. (a) A party to any proceeding under this act is entitled to: (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 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 is in need of supervision 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 to t…

Initial appearance; adjudicatory 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, the child and his parents, guardian or custodian shall be…

Predisposition studies and reports. (a) After a petition is filed alleging the child is in need of supervision, 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. Wh…

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 in need of supervision and before adjudication, the court may issue a consent dec…

Decree where child adjudged in need of supervision; 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 mu…

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. (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 been achieved and it is in the child's best interest that he be disc…

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 …