In the Matter of the Termination of the Parental Rights To: E.R.C.K., Minor Child, V.L.K. v. State of Wyoming, Department of Family Services, 2013 WY 160

DFS sought to terminate V.L.K.’s parental rights to E.R.C.K. after failed reunification in neglect proceedings; default entered; counsel appointed; court declined to set aside default.
During the default termination hearing, V.L.K. voluntarily relinquished her parental rights and consented to adoption; hearing was recessed to document the relinquishment.
The district court entered an order accepting the relinquishment and consent; no further termination proceedings occurred.
V.L.K. appealed challenging the default ruling and the order accepting relinquishment, arguing error in not lifting default and appealability of the relinquishment order.
The court found the relinquishment rendered any default-related error moot and the order accepting relinquishment not appealable under Rule 1.05; remanded to vacate the divestiture portion as a nullity.
Key statutory framework involved includes the Child Protection Act and procedures for permanency planning, termination, and adoption, with particular note that relinquishment does not terminate rights until adoption proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does relinquishment moot the default ruling?	V.L.K. Relinquishment makes the default issue moot.	DFS argues the mootness assessment is warranted but the dispute remains live until adoption.	Moot; no live dispute on default.
Is the relinquishment/consent order appealable under Rule 1.05?	V.L.K. contends the order is appealable.	DFS argues the order is not appealable and the divestiture clause is a nullity.	Not appealable; remand to vacate nullity portion.

Weiss v. Weiss, 217 P.3d 408 (Wy. 2009) (mootness and finality principles in dissolution of rights)
SNK v. State, 78 P.3d 1032 (Wy. 2003) (mootness and live controversy doctrine in Wyoming law)
In re ZMETS, 276 P.3d 392 (Wy. 2012) (procedural considerations in termination proceedings)
In re TR, 777 P.2d 1106 (Wy. 1989) (adoption-related proceedings and related standards)
Wyoming Bd. of Outfitters & Prof’l Guides v. Clark, 39 P.3d 1106 (Wy. 2002) (mootness and standing principles in Wyoming)
KRA (In re KRA), 85 P.3d 432 (Wy. 2004) (finality and appealability standards in Wyoming)
Plymale v. Donnelly, 125 P.3d 1022 (Wy. 2006) (finality and appealability of orders in Wyoming)
White v. Shane Edeburn Const. LLC, 285 P.3d 949 (Wy. 2012) (mootness and the necessity of live controversies)