In Re Kmj, 2010 WY 142

AJJ is the father of KMJ (b. 2003) and JDAJ (b. 2004); their mother died in a car accident in April 2007 while AJJ was in prison.
DFS took custody of the children after the mother's death and has maintained custody since; JDAJ never lived with AJJ and KMJ lived with him only during her first year.
DFS first involved with the family in 2003 due to unsafe and unsanitary home conditions; KMJ was briefly removed amid concerns about feeding and multiple caretakers.
In June 2004 AJJ was convicted of being a felon in possession of a firearm, resulting in a 51-month federal prison sentence; he previously had convictions for grand larceny (1994) and felony child abuse (1996).
DFS filed a Juvenile Neglect Petition in March 2006; mother admitted the allegations, and the children initially remained with Mother while she worked with DFS.
After Mother's death, the children were placed in foster care; MDT and DFS recommended adoption due to AJJ's incarceration and history of child abuse; the court later considered reunification with AJJ as a possible plan.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there was clear and convincing evidence of unfitness to have custody.	AJJ contends there is insufficient evidence of current unfitness.	DFS contends the record shows ongoing unfitness, including history and failure to rehabilitate.	Yes; clear and convincing evidence supports unfitness.
Whether DFS needed to prove less intrusive alternatives were impractical under § 14-2-309(a)(v).	AJJ argues DFS must show less intrusive options were impractical.	DFS maintains only subsection (a)(v) applies and no such proof is required.	Affirmed; less intrusive alternatives need not be proven under (a)(v).

In re AE, 208 P.3d 1323 (Wyo. 2009) (unfitness evaluated at time of termination; rehab efforts not mandatory under all subsections)
In re SJJ, 104 P.3d 74 (Wyo. 2005) (reasonable efforts requirement varies by subsection)
TR v. Washakie County Dep't of Public Assistance, 736 P.2d 712 (Wyo. 1987) (less intrusive alternatives required where termination under (a)(iii))
In re Parental Rights of PP, 648 P.2d 512 (Wyo. 1982) (less intrusive alternatives discussion under different subsection)
JLW v. CAB, 224 P.3d 14 (Wyo. 2010) (evidentiary standard and deference to district court findings)
EBH v. Hot Springs Dep't of Family Servs., 33 P.3d 172 (Wyo. 2001) (standards for evaluating termination decisions)
MN v. State of Wyoming, Dep't of Family Servs., 78 P.3d 232 (Wyo. 2003) (evidence viewed in light most favorable to prevailing party)
BA v. Laramie County Dep't of Family Servs., 163 P.3d 844 (Wyo. 2007) (sufficiency standard for termination decisions)