In the Interest of Nc and Am, Minor Children, Sc and Fc, Iii v. State of Wyoming, Department of Family Services
2013 WY 2
| Wyo. | 2013Background
- Two Texas children were brought to Wyoming by their maternal grandmother after alleged abuse by the mother’s boyfriend in Texas.
- Wyoming district court exercised juvenile jurisdiction under Wyoming’s Child Protection Act to adjudicate the children as neglected.
- A pending Texas custody proceeding existed when the Wyoming petitions were filed, implicating interstate custody rules.
- Texas home state began initial custody jurisdiction; the children were present in Wyoming for a visiting period when petitions were filed.
- The court ultimately acknowledged emergency jurisdiction under the UCCJEA but proceeded with neglect adjudication and disposition, which the court later found improper; the matter was remanded for proceedings consistent with UCCJEA rules.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wyoming had subject matter jurisdiction under CP Act or UCCJEA. | Texas home state; pending Texas custody proceeding. | UCCJEA emergency jurisdiction allowed protective action; Texas has initial jurisdiction. | CP Act jurisdiction improper; UCCJEA governs; Texas home state initially governs. |
| Whether the emergency-jurisdiction bounds were respected or exceeded. | Actions should be confined to emergency protection. | Courts may issue temporary orders for immediate protection. | Emergency jurisdiction was exceeded when adjudication and disposition were entered; remand to Texas with temporary orders limited to protection. |
Key Cases Cited
- NMC v. JLW ex rel. NAW, 90 P.3d 93 (Wyo. 2004) (jurisdictional review; home state priority; emergency vs. ongoing proceedings)
- Saavedra v. Schmidt, 96 S.W.3d 533 (Tex. App. 2002) (emergency jurisdiction sufficient to protect child; ongoing threat required for temporary order)
- In re State ex rel. M.C., 94 P.3d 1220 (Colo. Ct. App. 2004) (emergency jurisdiction limits; contact other state; temporary nature of orders)
- In re Brode, 566 S.E.2d 858 (N.C. Ct. App. 2002) (emergency jurisdiction limited to protective measures; do not adjudicate long-term custody under emergency power)