Gillen v. State (In re KCS), 433 P.3d 892

State filed petition to terminate Chastity Leann Gillen’s parental rights on May 6, 2016; four-day jury trial October 2017. Children (MRH and KCS) had been in state custody 62 and 55 months respectively.
Early involvement stemmed from Mother's alcohol and cannabis use, false police report, leaving infants with others while intoxicated, and an incident carrying an infant in a near-zero snow storm leading to medical treatment for hypothermia.
Mother moved frequently (Cheyenne, Rock Springs, North Carolina, Illinois), had multiple arrests related to substance use and domestic violence, inconsistent contact with DFS and the children, and sporadic visitation; Father (a registered sex offender) relinquished rights.
Case plan required visitation, substance-abuse treatment, mental-health treatment, stable housing/employment, and addressing abusive relationships; reunification efforts continued then were changed to adoption after permanency hearings; Mother did not appeal permanency order.
At trial children had significant mental-health and behavioral needs (therapy, occupational and speech therapy); testimony showed weak or no emotional bond with Mother and inability by Mother to meet children’s daily, specialized needs.
Jury found statutory grounds for termination under Wyo. Stat. Ann. § 14-2-309(a)(iii) and (v); court declined to instruct on (a)(i). Court accepted verdict, found termination in children’s best interests, and Mother appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether clear and convincing evidence supported termination under §14-2-309(a)(v) (15 of last 22 months in foster care + parent unfit)	Mother conceded custody durations but argued DFS delayed reunification and impeded her ability to complete case plan	State argued statutory time-in-care element met and presented clear and convincing evidence Mother was unfit: substance abuse, instability, lack of bond, failure to address children’s needs	Court affirmed: time-in-care element met; evidence showed Mother unfit to have custody/control; termination affirmed

LeBlanc v. State Dep't of Family Servs., 401 P.3d 932 (Wyo. 2017) (applies strict scrutiny and sets clear-and-convincing sufficiency standard in termination cases)
In re ASA, 408 P.3d 791 (Wyo. 2018) (one sufficient statutory ground is adequate to affirm termination)
In re AE, 208 P.3d 1323 (Wyo. 2009) (same principle on multiple statutory bases)
In re AGS, 337 P.3d 470 (Wyo. 2014) (interpreting §14-2-309(a)(v) elements)
In re SJJ, 104 P.3d 74 (Wyo. 2005) (holding §14-2-309(a)(v) time element is mathematical and not conditioned on reasonableness of agency efforts)
Matter of GP, 679 P.2d 976 (Wyo. 1984) (fitness includes ability to maintain a nurturing parent-child relationship)
AJJ v. State (In re KMJ), 242 P.3d 968 (Wyo. 2010) (fitness measured at the time of termination trial; past behavior is relevant)