reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 2 - Juvenile Justice Act › Section 14-6-225 - Burden of Proof Required; Verdict of Jury; Effect Thereof.

14-6-225. 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 to the truth of the allegations contained in the petition. A finding by the jury that the allegations are true is not deemed a conviction of guilt, but is a determination that judicial intervention is necessary for the best interest and welfare of the child and the public.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 2 - Juvenile Justice Act › Section 14-6-228 - Abeyance of Proceedings by Consent Decree; Term of Decree; Reinstatement of Proceedings; Effect of Discharge or Completing Term.

14-6-228. 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 further proceedings held in abeyance and place a delinquent child under the supervision of a probation officer. The placement of the child is subject to the terms, conditions and stipulations agreed to by the parties affected. The consent decree shall not be entered without the consent of the district attorney, the child's attorney, where applicable, and the child and the notification of the parents. Modifications to an existing consent decree may be allowed.
(b) The consent decree shall be in writing and copies given to each of the parties. The decree shall include the case plan for the child.
(c) A consent decree shall be in force for the period agreed upon by the parties but not longer than one (1) year unless the child is sooner discharged by the court.
(d) If prior to discharge by the court or expiration of the consent decree, a child alleged to be delinquent fails to fulfill the terms and conditions of the decree or a new petition is filed alleging the child delinquent because of misconduct occurring during the term of the consent decree, the original petition and proceedings may be reinstated upon order of the court after hearing and the matter may proceed as though the consent decree had never been entered. If, as part of the consent decree, the child made an admission to any of the allegations contained in the original petition, that admission shall be entered only if the court orders that the original petition and proceeding be reinstated and the admissions, if any, be entered. If the admission is entered, the court may proceed to disposition pursuant to W.S. 14-6-226.
(e) If a consent decree is in effect and the child is in placement, the court shall hold a six (6) month and twelve (12) month review under W.S. 14-6-229.
(f) A child 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 offense or misconduct alleged in the original petition.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 2 - Juvenile Justice Act › Section 14-6-230 - Orders of Protection; Requirements.

14-6-230. 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, guardian or custodian or any party to the proceeding whom the court finds to be encouraging, causing or contributing to the acts or conditions which bring the child within the provisions of this act.
(b) The order of protection may require the person against whom it is directed to do or to refrain from doing any acts required or forbidden by law and necessary for the welfare of the child and the enforcement of the order of disposition, including the following requirements to:
(i) Perform any legal obligation of support;
(ii) Not make contact with the child or his place of abode;
(iii) Refrain from conduct which in any way interferes with or disrupts the control and supervision of the child by his legal custodian;
(iv) Permit a parent reasonable visitation privileges under specified conditions and terms;
(v) Give proper attention to care of the home and to refrain from conduct detrimental to the child and the home environment; or
(vi) Enforce the child's compliance with the terms and conditions imposed upon him by the order of disposition.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 2 - Juvenile Justice Act › Section 14-6-231 - Release of Child From Institution; Duration of Orders of Disposition; Termination of Orders.

14-6-231. 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 and control of the institution. This release shall not affect any other terms or conditions of the court's order. The agency shall notify the court of any planned release and shall recommend further disposition of the child. The court shall discharge the child from further court jurisdiction or shall enter any other order of disposition specified under W.S. 14-6-229 for a child found to be delinquent.
(b) 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 discharged from further court jurisdiction.
(c) Unless sooner terminated by court order, all orders issued under this act shall terminate with respect to a child adjudicated:
(i) Repealed By Laws 1997, ch. 199, 3.
(ii) Delinquent, when he reaches twenty-one (21) years of age;
(iii) Repealed By Laws 1997, ch. 199, 3.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 2 - Juvenile Justice Act › Section 14-6-232 - Probation Revocation Hearing; How Commenced and Conducted; Contents of Petition; Disposition.

14-6-232. 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 a probation revocation hearing.
(b) A proceeding to revoke probation shall be commenced by a petition designated as "A Petition to Revoke Probation" and shall be heard by the court without a jury. The petition shall:
(i) Be reviewed and prepared by the district attorney in the same manner and shall contain the same information as required by W.S. 14-6-212;
(ii) Set forth the date when the child was placed on probation and the time and manner in which notice of the terms of probation were given; and
(iii) Be served together with an order to appear on all parties having an interest in the proceedings as provided in W.S. 14-6-213.
(c) If a child is found to have violated the terms of the child's probation, the court may amend the terms and conditions of the probation order, extend the period of probation or make any other order of disposition specified in W.S. 14-6-229(d).
(i) Repealed By Laws 1997, ch. 199, 3.
(ii) Repealed By Laws 1997, ch. 199, 3.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 2 - Juvenile Justice Act › Section 14-6-233 - Appeal; Right Generally; Transcript Provided; Cost Thereof.

14-6-233. 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 motion of the child or his parents, guardian or custodian, supported by affidavit stating they are financially unable to purchase a transcript of the proceeding, a transcript or so much thereof necessary to support the appeal shall be provided at no cost or at a cost the court determines they are able to pay. Any cost of the transcript not charged to the appellant shall be certified by the court to the county treasurer and paid from the funds of the county in which the proceedings were held.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 2 - Juvenile Justice Act › Section 14-6-234 - Stay of Orders Pending Appeal; Securing of Payment; Staying Transfer of Legal Custody.

14-6-234. 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 pending appeal. The court may require the appellant to deposit with the clerk of court the whole or any part of the payment ordered, to give bond for the payment thereof or any other terms and conditions to secure payment upon final determination of the appeal as the court deems proper. The court may also issue any appropriate order to restrain the appellant from dissipating his assets pending appeal.
(b) Either the juvenile court or the supreme court may stay an order transferring legal custody of a child to a person, agency, organization or institution other than his parents, guardian or former custodian, provided that suitable provision is made for the detention or shelter care of the child pending the appeal.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 2 - Juvenile Justice Act › Section 14-6-238 - Proceedings Deemed in Equity; Effect of Orders and Decrees.

14-6-238. 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 impose any civil disabilities, nor shall it disqualify the child for any civil or military service application or appointment or from holding public office.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 2 - Juvenile Justice Act › Section 14-6-239 - Records and Reports Confidential; Inspection.

14-6-239. 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 child support orders, and record of the proceeding sealed and the court shall not release these records except as provided in W.S. 14-6-203(g) or 14-6-240, unless there has been an adjudication of a delinquent act and except to the extent necessary to meet the following inquiries:
(i) From another court of law;
(ii) From an agency preparing a presentence report for another court;
(iii) From a party to the proceeding;
(iv) From the department of family services for purposes of establishing, modifying or enforcing a support obligation.
(b) Upon receipt of inquiries as set out in this section, the court may release a copy of the presentence investigation report together with a cover letter stating the disposition of the proceeding.
(c) Repealed by Laws 1995, ch. 154, 2.
(d) Nothing in subsection (a) of this section shall limit the disclosure of records authorized by W.S. 7-19-504.
Note: Effective 7/1/2024 this subsection will read as:
(d) Nothing in subsection (a) of this section shall limit the disclosure of records authorized by W.S. 14-6-604.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 2 - Juvenile Justice Act › Section 14-6-242 - Liability for Contempt; Penalties.

14-6-242. 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 willfully violates, or neglects or refuses to obey or perform any order or provision of this act is liable for contempt of court and may be fined not more than five hundred dollars ($500.00) or incarcerated not more than ninety (90) days, or both.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 2 - Juvenile Justice Act › Section 14-6-243 - Separate Docket for Juvenile Cases; Availability of Records for Statistics.

14-6-243. 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 shall be made available for statistical purposes provided the names of the offenders are not revealed unless the offender was adjudicated delinquent for commission of a violent felony as defined by W.S. 6-1-104(a)(xii).
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 2 - Juvenile Justice Act › Section 14-6-244 - Parental Liability for Failure to Exercise Reasonable Control and Authority.

14-6-244. 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) If the court finds at the hearing of a juvenile petition that the parent or guardian having custody of the child has failed or neglected to subject the juvenile to reasonable parental control and authority, and that such failure or neglect is the proximate cause of the act or acts of the juvenile upon which a finding of delinquency is based, the court may, if the child is placed on probation, require the parent or guardian to furnish a cash deposit or bond in an amount not to exceed five hundred dollars ($500.00), conditioned upon the faithful discharge of the conditions of the child's probation.
(c) The court may declare all or part of a cash deposit or bond posted under subsection (b) of this section forfeited if:
(i) The juvenile commits a subsequent delinquent act or is found to be in contempt of court or to have violated the terms of his probation; and
(ii) The court, after hearing, finds that the child's act was proximately caused by the failure or neglect of the parent or guardian to subject the juvenile to reasonable parental control and authority, including, but not limited to, enforcement of curfew, home detention, school attendance, or other conditions of probation.
(d) Funds received upon forfeiture of a cash deposit or bond under subsection (c) of this section shall be applied in payment of damages, if any, which may have been caused by the juvenile. The balance of the proceeds shall be retained by the court to apply to any future damages resulting from the act or acts of the juvenile until the juvenile reaches eighteen (18) years of age at which time any remaining proceeds shall be returned to the parent or guardian.
(e) The provisions of this section as it relates to the failure or neglect of a parent or guardian to subject a child to reasonable parental control and authority, are in addition to and not in substitution for any other requirements of law. The provisions of this section shall not apply to foster parents.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 2 - Juvenile Justice Act › Section 14-6-245 - Progressive Sanction Guidelines.

14-6-245. 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 offender's current offense, prior delinquent history, special treatment or training needs and effectiveness of prior interventions;
(ii) Balance public protection and rehabilitation while holding juvenile offenders accountable;
(iii) Permit flexibility in the decisions made in relation to the juvenile offender to the extent allowed by law;
(iv) Consider the juvenile offender's circumstances; and
(v) Improve juvenile justice planning and resource allocation by ensuring uniform and consistent reporting of disposition decisions at all levels.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 2 - Juvenile Justice Act › Section 14-6-246 - Sanction Levels.

14-6-246. 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 punishable under the Wyoming Criminal Code by imprisonment for not more than six (6) months, the sanction level is one;
(ii) For a misdemeanor punishable under the Wyoming Criminal Code by imprisonment for not more than one (1) year, the sanction level is two;
(iii) For a felony, other than a violent felony as defined by W.S. 6-1-104(a)(xii), the sanction level is three;
(iv) For a violent felony as defined by W.S. 6-1-104(a)(xii), other than a felony punishable by life, life without parole or death, the sanction level is four;
(v) For a felony punishable under the Wyoming Criminal Code by life, life without parole or death, the sanction level is five.
(b) Subject to subsection (c) of this section, if the child's subsequent adjudication of delinquent conduct involves a violation of the Wyoming Criminal Code that is the same level of seriousness as the child's previous conduct, the juvenile court may assign the child a sanction level that is one (1) level higher than the previously assigned sanction level, unless the child's previously assigned sanction level is five.
(c) If the court determines that a child assigned a sanction level of one through four has violated a condition imposed under that sanction level, the court shall conduct a new disposition hearing and may assign the child a sanction level that is one (1) level higher than the previously assigned sanction level.
(d) If the juvenile court deviates from the guidelines under this section it shall state in writing its reasons for the deviation and enter the statement into the record. Nothing in W.S. 14-6-245 through 14-6-252 prohibits the imposition of appropriate sanctions that are different from those provided at any sanction level.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 2 - Juvenile Justice Act › Section 14-6-248 - Sanction Level One.

14-6-248. 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 shall impose on the child's activities and requirements the parents or guardians shall set for the child's behavior;
(iii) Refer the child to a community-based youth intervention program designated by the court;
(iv) Impose any other sanction or condition listed by W.S. 14-6-247.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 2 - Juvenile Justice Act › Section 14-6-249 - Sanction Level Two.

14-6-249. 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;
(iii) Require a probation officer to closely monitor the child's activities and behavior;
(iv) Impose any other sanction or condition listed by W.S. 14-6-247.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 2 - Juvenile Justice Act › Section 14-6-250 - Sanction Level Three.

14-6-250. 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 private entity, that emphasizes discipline, physical fitness, social responsibility and productive work;
(ii) After release from the program described by paragraph (i) of this subsection, continue the child on probation supervision for not less than six (6) months nor more than twelve (12) months;
(iii) Impose highly structured restrictions on the child's activities and requirements for behavior of the child as conditions of probation;
(iv) Require a probation officer to closely monitor the child;
(v) Impose any other sanction or condition listed by W.S. 14-6-247.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 2 - Juvenile Justice Act › Section 14-6-251 - Sanction Level Four.

14-6-251. Sanction level four.
(a) For a child at sanction level four, the juvenile court may:
(i) Commit a child who has attained the age of twelve (12) years to the Wyoming boys' school or the Wyoming girls' school for an indefinite term, provided:
(A) On release of the child from the Wyoming boys' school or the Wyoming girls' school, the juvenile court may:
(I) Impose highly structured restrictions on the child's activities and requirements for behavior of the child as conditions of release under supervision;
(II) Require a probation officer to closely monitor the child for not less than six (6) months; and
(III) Impose any other appropriate conditions of supervision.
(ii) Impose any other sanction or condition listed by W.S. 14-6-247.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 2 - Juvenile Justice Act › Section 14-6-252 - Sanction Level Five.

14-6-252. Sanction level five.
(a) For a child at sanction level five, the juvenile court may:
(i) Commit a child who has attained the age of twelve (12) years to the Wyoming boys' school or the Wyoming girls' school for an indefinite term, provided:
(A) On release of the child from the Wyoming boys' school or the Wyoming girls' school, the juvenile court may:
(I) Impose highly structured restrictions on the child's activities and requirements for behavior of the child as conditions of release under supervision;
(II) Require a probation officer to closely monitor the child for not less than twelve (12) months; and
(III) Impose any other appropriate conditions of supervision.
(ii) Impose any other sanction or condition listed by W.S. 14-6-247.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 3 - Juvenile Probation › Section 14-6-301 - Definitions.

14-6-301. Definitions.
(a) As used in W.S. 14-6-301 through 14-6-314:
(i) "Department" means the department of family services;
(ii) "Home leave" means a form of temporary release for a youth from an institution, which is subject to conditions imposed by the institution or juvenile court of jurisdiction;
(iii) "Institution" means the Wyoming boys' school, Wyoming girls' school and any other state institution, including a youth correctional facility operated by a private entity in which a Wyoming youth is placed pursuant to W.S. 14-6-201 through 14-6-252;
(iv) "Peace officer" means as defined by W.S. 7-2-101(a)(iv);
(v) "Probation" means a legal status created by court order following an adjudication of delinquency, a status offense or in need of supervision, where a child is permitted to remain in the child's home subject to supervision by a city, county or state probation officer, the department of family services or other qualified private organization the court may designate. A child is subject to return to the court for violation of the terms or conditions of probation provided for in the court order;
(vi) "Probation officer" means a department of family services employee assigned and trained in the performance of probation supervision services pursuant to department rules and regulations, or a local, county or private agency assigned by a juvenile court to perform probation supervision services;
(vii) "Probationer" means an adjudicated youth granted probation by the sentencing juvenile court;
(viii) "Intensive supervision program" means a program established under W.S. 14-6-309 which allows participants to live or work in the community under close supervision methods.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 3 - Juvenile Probation › Section 14-6-302 - General Powers.

14-6-302. 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 team reviews, case plan development, hearings and interviews;
(ii) Home leave applications and procedures;
(iii) The duties of department probation officers.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 3 - Juvenile Probation › Section 14-6-303 - Home Leave Eligibility and Return to Institutions.

14-6-303. 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 prescribed by general rules and regulations of the department of family services in consultation with the institution.
(b) No youth granted a home leave shall be released from an institution until the youth has signed an agreement that the youth will comply with the terms and conditions under which the youth has been released and abide by the laws of the state. The agreement shall be retained in the records of the institution. In addition, no youth shall be granted a home leave until the institution makes a reasonable effort to notify the department of family services' office nearest the site of the home leave.
(c) A youth on home leave remains in the legal custody and under the control of the department and may be returned to the institution from which the youth was granted home leave for violation of a condition of home leave.
(d) Unless otherwise placed by the department, a home leave violator shall be returned to the institution from which the youth was granted home leave.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 3 - Juvenile Probation › Section 14-6-304 - Duties of Probation Officers.

14-6-304. 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 report to the court, department or institution in writing;
(ii) Furnish to each person released on probation or home leave under his supervision a written statement of the conditions of the probation or home leave and instruct the youth regarding the conditions;
(iii) Supervise the conduct of each youth on probation or home leave through personal visits, reports and other appropriate means, and report in writing as often as required by the juvenile court, department or institution;
(iv) Use all practical and suitable methods, not inconsistent with the conditions imposed by the juvenile court, department or institution, to aid and encourage a youth on probation or home leave to bring about improvement in their conditions and conduct;
(v) Repealed By Laws 2013, Ch. 193, 2.
(b) Under the direction and supervision of the juvenile court, a local, county or private agency assigned probation supervision services may perform all duties designated in subsection (a) of this section.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 3 - Juvenile Probation › Section 14-6-306 - Disclosure of Information and Data.

14-6-306. 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 family services, department of education, department of health or to others entitled to receive reports as ordered by the court, such as multidisciplinary teams.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 3 - Juvenile Probation › Section 14-6-307 - Selection of Other Agencies.

14-6-307. 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 with special reference to vocational and technical education services for youth on probation or home leave;
(ii) Maintain liaison with all appropriate municipal, county, state and federal agencies whose services aid in the reintegration of youth into society;
(iii) Assist in programs relating to the social, health and psychological needs of youth under probation supervision or home leave.
(b) Agencies appointed under this section shall not:
(i) Have the power of arrest or the right to execute legal process;
(ii) Receive compensation from the state. At the discretion of the probation officer or juvenile court, however, agencies may be reimbursed for necessary and actual expenses incurred in performing the duties described in this section.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 3 - Juvenile Probation › Section 14-6-308 - Applicability of Interstate Compact on Juveniles.

14-6-308. 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 state to reside in any other state signatory to the compact. Permission shall not be granted to the probationer to reside in another signatory state without the consent of that signatory state.
(b) Upon the request of the juvenile court granting probation, the state compact administrator shall apply to the proper authorities of the signatory state for its consent to sending the probationer there.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 3 - Juvenile Probation › Section 14-6-309 - Authority to Establish an Intensive Supervision Program; Rulemaking Authority.

14-6-309. 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 under this article may require:
(i) Electronic monitoring, regimented daily schedules or itineraries, house arrest, telephone contact, drug testing, curfew checks or other supervision methods which facilitate contact with supervisory personnel;
(ii) Community service work, family, educational or vocational counseling, treatment for substance abuse, mental health treatment and monitoring of restitution orders and fines previously imposed on the participant; and
(iii) Imposition of supervision fees to be paid by participants.
(c) Subject to legislative appropriation the department may, by negotiation without competitive bid or by competitive bidding, contract with any governmental or nongovernmental entity to provide services required to carry out the provisions of this article.
(d) The department shall have general supervisory authority over all juvenile probationers participating in an intensive supervision program under this article.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 3 - Juvenile Probation › Section 14-6-310 - Program Participation Not a Matter of Right.

14-6-310. 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 this article unless the probationer signs an intensive supervised probation agreement to abide by the terms of all the rules and regulations of the department relating to the operation of the program and agrees to submit to administrative sanctions which may be imposed under W.S. 14-6-314.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 3 - Juvenile Probation › Section 14-6-311 - Program Participation as a Condition of Release From Placement.

14-6-311. 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 article, provided:
(i) Space and funding are available for the probationer's participation in the program;
(ii) The department determines the probationer has a reasonable likelihood of successfully participating in the program.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 3 - Juvenile Probation › Section 14-6-312 - Placement of Probationer in Program by Juvenile Court.

14-6-312. 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 in the program;
(ii) The juvenile probationer agrees to participate in the program;
(iii) The department determines the probationer has a reasonable likelihood of successfully participating in the program; and
(iv) The legislature has specifically appropriated funds or other grants and aid payments authorized for this program are available to pay for the probationer's participation in the program.
(b) The department shall be responsible for including in the predispositional study to the juvenile court any recommendations for the utilization of an intensive supervision program created under this article.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 3 - Juvenile Probation › Section 14-6-313 - Program Participation as an Alternative to Probation Revocation.

14-6-313. 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 in a program authorized under this article, provided:
(i) Space and funding are available for the probationer's participation in the program;
(ii) The department determines the probationer has a reasonable likelihood of successfully participating in the program;
(iii) The probationer agrees to participate in the program; and
(iv) The department shall notify the juvenile court and the prosecuting attorney of the probationer's agreement to participate in an intensive supervision program and provide a copy of the signed agreement to the juvenile court and the prosecuting attorney.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 3 - Juvenile Probation › Section 14-6-314 - Administrative Sanctions for Program Violations.

14-6-314. 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 supervision program established under this article.
(b) Authorized sanctions may include:
(i) Loss or restriction of privileges; and
(ii) Community service.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 4 - Children in Need of Supervision Act › Section 14-6-401 - Short Title.

14-6-401. 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 Wyoming Indian Child Welfare Act. If any provision of this act conflicts with the Wyoming Indian Child Welfare Act for addressing an allegation of a child being in need of supervision, the Wyoming Indian Child Welfare Act shall control.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 4 - Children in Need of Supervision Act › Section 14-6-403 - Juvenile Court Authority Over Certain Issues.

14-6-403. 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 of the minor;
(ii) Order any party to the proceedings to perform any acts, duties and responsibilities the court deems necessary; or
(iii) Order any party to the proceedings to refrain from any act or conduct the court deems detrimental to the best interest and welfare of the minor or essential to the enforcement of any lawful order of disposition of the minor made by the court.
(b) Nothing contained in this act is construed to deprive the district court of jurisdiction to determine questions of custody, parental rights, guardianship or any other questions involving minors, when the questions are the subject of or incidental to suits or actions commenced in or transferred to the district court as provided by law.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 4 - Children in Need of Supervision Act › Section 14-6-404 - Venue; Change of Venue or Judge.

14-6-404. 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 change of judge may be had under the circumstances and upon the terms and conditions provided by law in a civil action in the district court.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 4 - Children in Need of Supervision Act › Section 14-6-405 - Taking of Child Into Custody; When Permitted.

14-6-405. 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 the child has violated the terms of an order of the juvenile court issued pursuant to this act;
(iii) There are reasonable grounds to believe a child is abandoned, lost, suffering from illness or injury or seriously endangered by his surroundings and immediate custody appears to be necessary for his protection;
(iv) The child's conduct or behavior seriously endangers himself and immediate custody appears necessary; or
(v) There are reasonable grounds to believe the child has run away from his parents, guardian or custodian.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 4 - Children in Need of Supervision Act › Section 14-6-406 - Child in Custody; No Detention or Shelter Care Placement Without Court Order; Exceptions; Notice to Parent or Guardian; Release.

14-6-406. 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 the child's person;
(ii) Prevent the child from being removed from the jurisdiction of the court; or
(iii) Provide the child having no parent, guardian, custodian or other responsible adult with supervision and care and return him to the court when required.
(b) Any person taking a child into custody shall as soon as possible notify the child's parent, guardian or custodian. Unless the child's detention or shelter care is authorized by a court order issued pursuant to this act or required for one (1) of the reasons in subsection (a) of this section, the child shall be released to the care of his parent, guardian, custodian or other responsible adult upon that person's written promise to present the child before the court upon request.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 4 - Children in Need of Supervision Act › Section 14-6-407 - Detention or Shelter Care; Delivery of Child Pending Hearing; Placing Children; Notice if No Court Order.

14-6-407. 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 the detention or shelter care facility designated by the court pending a hearing.
(b) In providing detention or shelter care placement:
(i) A child alleged to be in need of supervision shall be placed for detention or shelter care in the least restrictive environment reasonably available, which may be a foster home or other child care facility certified by the department of family services or approved by the court;
(ii) If facilities or services are not immediately available to house and protect the child, the judge may order the child held in a temporary holding area at the local law enforcement complex. No child in need of supervision shall be placed in a jail, but may be placed in a juvenile detention facility if the child has been adjudicated under article 2 of this chapter for having committed a delinquent act;
(iii) A child alleged to be in need of supervision shall, if necessary, be detained in a separate detention home or facility, provided the child shall not be detained in the Wyoming boys' school or the Wyoming girls' school.
(c) The person in charge of any detention or shelter care facility shall promptly notify the court and the district attorney of any child being cared for at the facility without a court order and shall deliver the child to the court upon request.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 4 - Children in Need of Supervision Act › Section 14-6-408 - Notice of Detention or Shelter Care to Be Given District Attorney; Written Statement Required; Duty of District Attorney.

14-6-408. 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 the district attorney without delay. Also the person shall as soon as possible file a brief written statement with the district attorney setting forth the facts which led to taking the child into custody and the reason why the child was not released.
(b) Upon receiving notice that a child is being held in detention or shelter care, the district attorney shall immediately review the need for detention or shelter care and may order the child released unless he determines detention or shelter care is necessary under the provisions of W.S. 14-6-406(a) or unless ordered by the court.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 4 - Children in Need of Supervision Act › Section 14-6-410 - Hearing Conducted by Commissioner; Authority and Duty; Review by Court.

14-6-410. 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 care.
(b) The commissioner may make any order concerning the child's release, continued detention or shelter care as authorized to the judge under W.S. 14-6-409. If the child is not released after the hearing, the commissioner shall promptly file with the court a complete written resume of the evidence adduced at the hearing and his reasons for not releasing the child. The commissioner shall conduct the hearing pursuant to W.S. 14-6-409 except that, if a child who has been advised of his rights wishes to admit the allegations, the commissioner may take testimony to establish a factual basis and accept the admission and perform all other requirements of the initial hearing but shall not proceed to disposition. The hearing shall be conducted in the presence of counsel and guardian ad litem, if so appointed. The commissioner may also appoint counsel, appoint a guardian ad litem, order a predisposition report, appoint a multidisciplinary team, issue subpoenas or search warrants, order physical or medical examinations and authorize emergency medical, surgical or dental treatment all as provided in this act. The commissioner shall not make final orders of adjudication or disposition.
(c) The court shall review the reports, orders and actions of the commissioner as soon as reasonably possible and confirm or modify the commissioner's orders and actions as it deems appropriate.
2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 4 - Children in Need of Supervision Act › Section 14-6-411 - Complaints Alleging Child in Need of Supervision; Investigation and Determination by District Attorney.

14-6-411. 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 interest of the child requires that judicial action be taken. The department of family services and the county sheriff shall provide the district attorney with any assistance he may require in making an investigation. The district attorney shall prepare and file a petition with the court if he believes action is necessary to protect the interest of the child.
(b) In determining the action necessary to protect the interest of the public or the child with regard to a petition alleging a child in need of supervision, the prosecuting attorney shall consider the following:
(i) Alternative community programs;
(ii) Mental health counseling services available to the family;
(iii) Family preservation services offered by the department of family services;
(iv) Enforcement of compulsory attendance requirements under W.S. 21-4-101 through 21-4-107;
(v) Municipal and circuit court remedies;
(vi) If the child has reached his sixteenth birthday, whether or not the child presents a clear and present danger to himself, his family or the community.