HMH v. State, Department of Family Services, 2012 WY 165

Mother (HMH) and her four children moved from Michigan to Buffalo, Wyoming in 2007; Mother has a history of prescription drug abuse and heroin use.
DFS intervened after concerns about drug use and unsafe housing; DFS offered services beginning in 2008 which Mother initially refused, then participated in some programs.
In 2009, DFS took the children into protective custody; a family service plan aimed at reunification was developed, with MDT oversight.
Mother failed to complete inpatient/outpatient treatment and continued to struggle with sobriety; she had ongoing contact with EW, a boyfriend with substance-abuse and behavioral issues.
Children showed mental health problems and fear of EW; evidence indicated abuse or threats by EW and Mother's failure to acknowledge concerns about EW.
In 2012 the juvenile court terminated Mother's parental rights under § 14-2-309(a)(v) (and later deemed § 14-2-309(a)(iii) unnecessary to address) after finding unfitness and prolonged foster care.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether termination was shown by clear and convincing evidence	Mother argues DFS failed to prove unfitness and jeopardy sufficiently.	DFS/ GAL assert clear evidence of unfitness and prolonged foster care meeting § 14-2-309(a)(v).	Yes; clear and convincing evidence supports unfitness under § 14-2-309(a)(v).

In re L.A., 215 P.3d 266 (Wy. 2009) (strict scrutiny; clear and convincing standard for termination)
In re SRJ, 212 P.3d 611 (Wy. 2009) (statutory grounds for termination independent; substantial evidence review)
In re KMJ, 242 P.3d 968 (Wy. 2010) (parens fitness determination context and case-specific factors)
M.L. v. Laramie County Dep't of Family Servs., 159 P.3d 499 (Wy. 2007) (strict scrutiny of parental rights termination)
ZMETS, 276 P.3d 392 (Wy. 2012) (standard for termination under § 14-2-309(a)(v))
In re AMP, 286 P.3d 746 (Wy. 2012) (credibility and evidentiary considerations in termination cases)