2023 Wyoming Statutes › Title 14 - Children › Chapter 6 - Juveniles › Article 2 - Juvenile Justice Act › Section 14-6-229 - Decree Where Child Adjudged Delinquent; Dispositions; Terms and Conditions; Legal Custody.

14-6-229. 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 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 delinquent, the court shall enter its decree to that effect and make a disposition consistent with the purposes of this act;
(iv) Repealed By Laws 1997, ch. 199, 3.
(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 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(b) Repealed By Laws 1997, ch. 199, 3.
(c) Repealed By Laws 1997, ch. 199, 3; 1993, ch. 210, 3; 1984, ch. 67, 2, 3; 1987, ch. 217, 2, ch. 221, 3.
(d) If the child is found to be delinquent the court may impose any sanction authorized by W.S. 14-6-245 through 14-6-252.
(i) Repealed by Laws 1997, ch. 119, 3.
(ii) Repealed by Laws 1997, ch. 119, 3.
(iii) Repealed by Laws 1997, ch. 119, 3.
(iv) Repealed by Laws 1997, ch. 119, 3.
(v) Repealed By Laws 1997, ch. 199, 3.
(vi) Repealed by Laws 1997, ch. 119, 3.
(e) In cases where a child is ordered removed from the child's home:
(i) Repealed By Laws 1997, ch. 199, 3.
(ii) 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.
(iii) 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. 14-6-236, or shall state on the record the reasons why an order for support was not entered;
(iv) In cases where the child is placed in custody of the department, support shall be established by the department through a separate civil action;
(v) 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;
(vi) 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 the 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.
(f) Repealed by Laws 1997, ch. 119, 3.
(g) An institution, organization or agency vested with legal custody of a child by court order shall 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.
(h) 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.
(j) 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.
(k) Repealed By Laws 1997, ch. 199, 3.
(m) The clerk of the court granting probation to a youth adjudicated delinquent 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.
(n) 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.
(o) Absent a specific provision in the placement order requiring prior court approval for any change in placement, 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.
(p) If a placement order vesting a department of state government with temporary legal custody of a child under this section includes a provision that court approval shall be required prior to any change in placement, the department may proceed to place the child in a residential facility or other out-of-home placement of similar or less restrictive confinement, and the court shall be deemed to have approved such change in placement, if:
(i) The conditions of paragraphs (o)(i) and (ii) of this section are met; and
(ii) The court on its own motion does not set the matter for hearing within fifteen (15) days after notice of the proposed change in placement is filed with the juvenile court.
(q) Repealed by Laws 1997, ch. 119, 3.
(r) An agency of state government vested with temporary legal custody of a child under this section shall have the right to transport the child as necessary.