In the Interest of SO, a Minor Child: PM and JM v. State
2016 WY 99
| Wyo. | 2016Background
- SO was taken into Wyoming DFS custody three days after birth (Feb 2013) and placed with Foster Parents in Sheridan, where she remained ~2.5 years.
- Mother was adjudicated neglectful, later imprisoned and had parental rights to SO terminated in separate proceedings.
- Grandparents returned a DFS notice expressing interest in contact but initially did not request placement; they sought placement only after Mother went to prison.
- DFS completed a home study recommending against placement with Grandparents; Grandparents commissioned a favorable independent home study.
- MDT and DFS recommended continuing placement with Foster Parents and changing permanency plan to adoption; juvenile court adopted that plan and denied Grandparents’ motion to place SO with them.
- Juvenile court found potential harm from disrupting SO’s attachment to Foster Parents and cited concerns from DFS about Grandparents’ prior caregiving history and long-term commitment.
Issues
| Issue | Grandparents' Argument | DFS/Foster Parents' Argument | Held |
|---|---|---|---|
| Whether juvenile court abused its discretion by denying grandparents’ motion for placement | Placement with grandparents preferred due to familial relationship and Wyoming’s family-placement preference | Best interest of child favors continuity with foster parents; evidence of harm from disrupting attachment and concerns re: grandparents’ suitability | Court did not abuse discretion; denied placement and affirmed permanency plan of adoption |
Key Cases Cited
- In the Matter of the Adoption of SMR, MVC v. MB, 982 P.2d 1246 (Wyo. 1999) (district court has discretion to grant adoption without parental consent)
- In the Matter of Adoption of TLC, TOC v. TND, 46 P.3d 863 (Wyo. 2002) (abuse of discretion standard for adoption review)
- TF v. Dep’t of Family Serv. (In re CF), 120 P.3d 992 (Wyo. 2005) (preference for family placements but best interests control)
- JO v. State, Dep’t of Family Servs. (In the Interest of RE), 267 P.3d 1092 (Wyo. 2011) (abuse of discretion standard in permanency/custody matters)
- Basolo v. Basolo, 907 P.2d 348 (Wyo. 1995) (review accepts successful party’s evidence and favorable inferences)
- GWJ v. MH (In re BGH), 930 P.2d 371 (Wyo. 1996) (defining abuse of discretion as exceeding bounds of reason)