NLT v. State, Department of Family Services
2012 WY 150
| Wyo. | 2012Background
- Two cases consolidated; NLT (mother) and MDS (father) are parents of JGS, with NLT also mother of KAT and SAT.
- DFS sought termination of NLT's rights to KAT, SAT, JGS under §14-2-809(a)(iii) and (v) and of MDS's rights to JGS under §14-2-309(a)(iv).
- Five-day bench trial; district court terminated NLT’s rights to all three children and MDS’s rights to JGS.
- Evidence showed past sexual abuse by CRT; NLT aided or enabled abuse and kept CRT access; DFS offered services but progress was limited.
- MDS was convicted of two counts of first-degree sexual assault; he is incarcerated and cannot meet JGS’s ongoing needs.
- Court applied clear and convincing standard; affirmed termination based on unfitness and inability to provide care.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did DFS prove unfitness and abuse under §14-2-809(a)(v) for NLT? | NLT failed to provide a safe home and meet needs; prior abuse and ongoing risk show unfitness. | NLT argues improved future ability with services; present unfitness remains. | Yes; clear and convincing evidence of unfitness under §14-2-809(a)(v). |
| Did DFS prove abuse/neglect and failure of rehab under §14-2-809(a)(iii) for NLT? | There was abuse and failure to rehabilitate; continuing risk to children. | Past abuse does not prove current unfitness; rehabilitation possible with services. | Court affirmed on alternative basis; §14-2-809(a)(v) suffices. |
| Did the record establish MDS is unfit to parent JGS under §14-2-309(a)(iv)? | Incarceration and ongoing inability to meet needs render unfit. | Incarnation alone is not unfitness; must show unfitness to parent. | Yes; incarceration plus history of sexual offenses demonstrates unfitness. |
Key Cases Cited
- MSH v. ALH, 271 P.3d 983 (Wyoming 2012) (fitness includes meeting ongoing physical, mental, emotional needs)
- In re WDW, 224 P.3d 14 (Wyoming 2010) (consider history and pattern of behavior in determining fitness)
- In re L.A., 215 P.3d 266 (Wyoming 2009) (past unfitness evidence relevant to current fitness)
- In re KMJ, 242 P.3d 968 (Wyoming 2010) (fitness determined at termination trial)
- In re AE, 208 P.3d 1323 (Wyoming 2009) (past behavior relevant to future parenting capacity)
- In re MN, 78 P.3d 232 (Wyoming 2003) (child’s best interests govern when parental rights collide with welfare)
- Sullivan v. State, 247 P.3d 879 (Wyoming 2011) (incarceration impact on parent-child relationship)