In Re Arc
2011 WY 119
| Wyo. | 2011Background
- DFS petitioned to terminate parental rights under §14-2-309(a)(iii) and (v) after neglect adjudication; district court terminated rights to ARC and RMR; Mother appealed alleging insufficient evidence on reasonable efforts, unfitness, and jeopardy to health/safety.
- In March 2008, police found drugs and paraphernalia in JKR's residence; DFS took all three children into protective custody and substantiated neglect.
- Two family service plans required sobriety, UA testing, treatment, housing, employment, parenting, domestic violence counseling, and court/medical/educational visitation; Mother largely failed to comply.
- Mother entered inpatient treatment in June 2009 but did not complete it; she did not consistently participate in multi-disciplinary team meetings, parenting classes, or regular UA testing.
- The district court found neglect, unsuccessful reasonable efforts to rehabilitate, and that health and safety would be seriously jeopardized if returned to Mother, leading to termination; Mother challenged the sufficiency of DFS's efforts but the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DFS proved unfitness by clear and convincing evidence | Mother | DFS | Yes; DFS showed ongoing drug issues and inability to meet needs. |
| Whether DFS made reasonable efforts to rehabilitate the family | Mother | DFS made multiple plans and offered services | Yes; DFS's efforts were reasonable overall. |
| Whether the children's health and safety would be seriously jeopardized if returned | Mother | Mother's drug use and noncompliance jeopardize health/safety | Yes; health/safety would be seriously jeopardized. |
Key Cases Cited
- SLB v. JEO, 136 P.3d 797 (Wy. 2006) (standard for reviewing termination evidence)
- CL v. Wyo. Dep’t of Family Servs., 151 P.3d 1102 (Wy. 2007) (strict scrutiny of parental rights termination; need clear and convincing evidence)
- MN v. Dep’t of Family Servs., 78 P.3d 232 (Wy. 2003) (definition of clear and convincing evidence in termination cases)
- TWE v. Dep’t of Family Servs., 222 P.3d 142 (Wy. 2009) (drug use alone not always termination; distinguishable facts)
- RLA v. State of Wyo., Dep't of Family Servs., 215 P.3d 266 (Wy. 2009) (fitness includes ability to meet ongoing physical/mental/emotional needs; weighs related factors)