HJO v. State
2012 WY 99
| Wyo. | 2012Background
- Nine minor children are the subject of the termination petition; DFS sought termination based on unfitness under §14-2-309(a)(v).
- Mother previously had multiple juvenile neglect proceedings dating back to 1999, with repeated removals and reunifications.
- At trial, evidence showed long-term neglect, hazardous housing, failure to supervise, and exposure of children to a known sex offender.
- The district court instructed on unfitness and the jury terminated parental rights after a three-week trial.
- The court held the evidence sufficient, the verdict form appropriate, and the statute’s burden of proof constitutional, denying Mother’s due process claims and cumulative-error contentions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for unfitness | Mother | DFS | Affirmed |
| Jury verdict form per child vs group | Mother | DFS | Affirmed |
| Constitutionality of clear and convincing standard | Mother | DFS | Affirmed |
| Cumulative-error claim | Mother | DFS | Denied/No reversible error |
Key Cases Cited
- LS v. Johnson County Dep't of Family Servs. (In re CS), 143 P.3d 918 (Wy. 2006) (strict scrutiny in termination proceedings; clear and convincing standard suffices)
- In re ARC, 258 P.3d 704 (Wy. 2011) (evidentiary standard and review of termination rulings)
- AJJ v. State (In re KMI), 242 P.3d 968 (Wy. 2010) (fitness determination context, case-specific analysis)
- In re H Children (DH v. Wyo. Dept of Family Servs.), 79 P.3d 997 (Wy. 2003) (due process considerations in special-verdiet form and duties)
- In re Application of Angus, 655 P.2d 208 (Or. App. 1982) (equal protection with ICWA contexts cited in state courts)
- Pauley v. Newman, 92 P.3d 819 (Wy. 2004) (standard for evaluating verdict forms and reasonableness of district court’s choice)