In the Matter of the Termination of Parental Rights to KGS, a Minor Child: RGS v. State of Wyoming, Department of Family Services
2017 WY 2
| Wyo. | 2017Background
- Father (RGS) is parent of KGS (b.2003); mother’s parental rights previously terminated. Utah DCFS made a supported finding of sexual abuse by Father in 2009 based on KGS’s forensic interview.
- After removal events, KGS was in Wyoming Department of Family Services (DFS) custody beginning 2013; KGS has significant mental health needs (depression, reactive attachment disorder, ODD, sexual-reactive behaviors) requiring ongoing therapy and possible residential care.
- Father had limited contact with KGS after 2009, declined supervised visitation and home studies, and conceded at trial he did not want custody; he also lived in an overcrowded household and refused a Utah home study and drug testing.
- Father has an extensive criminal history (including felony convictions) and a long incarcerations history; Utah DCFS previously denied placement because of criminal history and refusal to test for drugs.
- DFS petitioned to terminate parental rights under Wyo. Stat. § 14-2-309(a)(iii) and (a)(v); the district court found clear and convincing evidence to terminate under (a)(v); Father appealed claiming insufficient evidence and due process violations.
Issues
| Issue | Plaintiff's Argument (Father) | Defendant's Argument (DFS/State) | Held |
|---|---|---|---|
| Whether termination supported under § 14-2-309(a)(v) (15 of 22 months in foster care + parent unfit) | Father contends evidence was insufficient to show he was unfit to have custody/control | DFS argued Father was unfit based on his limited contact, refusal of services, supported sexual abuse finding, criminal history, unstable living, and his own concession he did not want custody | Court held clear and convincing evidence showed Father was unfit; termination under (a)(v) affirmed |
| Whether termination supported under § 14-2-309(a)(iii) (abuse/neglect + unsuccessful rehabilitative efforts) | Father argued insufficient evidence to show abuse/neglect and unsuccessful rehabilitation | DFS relied on the 2009 supported Utah finding of sexual abuse, Father’s nonparticipation in services, and ongoing risk to child’s health/safety | Court declined to reach (a)(iii) after resolving (a)(v) in DFS’s favor (termination stands) |
| Whether Father’s due process rights were violated by improper notice to Utah address | Father claimed DFS/juvenile court failed to send proper notices, causing reduced participation and prejudice | DFS pointed out Father conceded he received notices, was later represented by counsel, and fully participated in termination proceedings | Court held no due process violation; Father had counsel and participated in termination proceedings |
Key Cases Cited
- In re HLL, 372 P.3d 185 (Wyo. 2016) (standard for strict scrutiny and clear-and-convincing proof in parental termination)
- PRG v. State, Dep’t of Family Servs. (In re KMO), 280 P.3d 1216 (Wyo. 2012) (parental fitness defined to include ability to meet child’s ongoing needs; past behavior relevant)
- NLT v. State (In re KAT), 288 P.3d 1217 (Wyo. 2012) (history and pattern of behavior may inform current fitness)
- CDB v. DJE, 118 P.3d 439 (Wyo. 2005) (parental sexual abuse of a child is strongly probative of unfitness)
- R.L.A. v. State, Dep’t of Family Servs. (In re L.A.), 215 P.3d 266 (Wyo. 2009) (fitness includes meeting physical, mental, emotional needs)