345 P.3d 890
Wyo.2015Background
- Triangle Cross Ranch (run by Gerald and Michaeleen Schneider) operated a residential ranch program for troubled boys, charging an admission fee and monthly tuition and advertising therapeutic benefits on its website.
- DFS investigated after finding youths on the ranch and website claims of therapies (equine, reality, substance-abuse, behavioral), observed staff supervision, and reviewed intake applications showing psychiatric evaluations, medication, and legal issues.
- Triangle Cross submitted certification applications but DFS did not complete certification because of missing information and a legislative moratorium on new certifications.
- DFS sought, and the district court granted, a permanent injunction preventing Triangle Cross from operating an uncertified child-caring facility.
- Triangle Cross appealed, arguing the statute exempts ranches "not offering services to children who are homeless, delinquent or have an intellectual disability," and contending it did not offer such services or serve those categories.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the statutory exception for "ranches or farms not offering services" excludes Triangle Cross | Triangle Cross: it is a ranch not "offering services" within §14-4-102(b)(vii), so certification is not required | DFS: Triangle Cross advertised and provided planned programs and therapies—i.e., services—so the exception doesn't apply | Court: Affirmed—Triangle Cross was "offering services"; DFS regulatory definition of services consistent with statute |
| Whether there was sufficient evidence that services were provided to delinquent or intellectually disabled children | Triangle Cross: served ranch work, not statutory "services" for delinquent or intellectually disabled children | DFS: intake forms, website, and admissions showed substance abuse, criminal acts, psychiatric treatment—evidence of delinquent children; some indicators of intellectual/educational deficits | Court: There was sufficient evidence Triangle Cross served delinquent children (criminally punishable behavior), but insufficient evidence it served individuals meeting statutory definition of intellectual disability; nonetheless certification required because of delinquency findings |
Key Cases Cited
- In re ARW, 343 P.3d 407 (Wyo. 2015) (standard of review for statutory interpretation)
- Daley v. Wenzel, 30 P.3d 547 (Wyo. 2001) (appellate standard for reviewing factual sufficiency and favorable inferences)
- Turcq v. Shanahan, 950 P.2d 47 (Wyo. 1997) (evidentiary review principles cited with Daley)
- In re Adoption of Voss, 550 P.2d 481 (Wyo. 1976) (court may not rewrite statute under guise of construction)