411 P.3d 422
Wyo.2018Background
- In late 2014–early 2015 the mother was homeless and suspected of methamphetamine use; three children (two boys, JW and TLW, and a girl) came into DFS custody for neglect. The boys were placed in foster care.
- TW (father of the two boys) was in community corrections in Casper; he escaped in Sept. 2015, missed an initial juvenile hearing, and was later arrested and incarcerated on new charges (including a felony escape) and ultimately sent to the State Penitentiary in Rawlins with a multi‑year sentence.
- DFS required TW to comply with a case plan (substance abuse and psychological evaluations, parenting classes where available, sign releases for information sharing). DFS attempted to coordinate services through corrections while he was incarcerated and provided mail‑based parenting materials.
- TW often declined available prison programs and evaluations unless DFS paid; he failed to sign releases allowing DFS contact with prison caseworkers, communicated irregularly with his sons, and was placed on lockdown before a visit, limiting contact.
- The juvenile court initially kept the permanency plan as reunification (June 2016), finding some service access issues attributable to TW’s incarceration. After a second permanency hearing (Mar. 28, 2017), the court concluded DFS had made reasonable efforts but reunification was unsuccessful and changed the plan to termination of parental rights and adoption (order dated Apr. 27, 2017).
- TW appealed, arguing the juvenile court abused its discretion in finding DFS made reasonable reunification efforts.
Issues
| Issue | Plaintiff's Argument (TW) | Defendant's Argument (State/DFS) | Held |
|---|---|---|---|
| Whether DFS made reasonable efforts to reunify such that the permanency plan could be changed to adoption | DFS did not make adequate, accessible, or appropriate efforts toward reunification while TW was incarcerated | DFS made reasonable efforts (including coordinating with corrections, providing mail‑based parenting materials, and attempting monitoring), but TW’s criminal choices and nonparticipation defeated reunification | Court affirmed: DFS made reasonable efforts; TW’s lack of cooperation and failure to use available services rendered efforts unsuccessful |
Key Cases Cited
- KC v. State, 351 P.3d 236 (Wyo. 2015) (standard of review: abuse of discretion and resolving conflicts in favor of juvenile court)
- In re RE, 267 P.3d 1092 (Wyo. 2011) (same appellate deference to juvenile court findings)
- SD v. Carbon Cty. Dep't of Family Servs., 57 P.3d 1235 (Wyo. 2002) (parental failure to use services supports finding that reasonable efforts were unsuccessful)
- CP v. State, Dep't of Family Servs., 208 P.3d 614 (Wyo. 2009) (parent must proactively address psychological issues, including obtaining evaluations)
- TW v. State, 390 P.3d 357 (Wyo. 2017) (affirming neglect adjudication underlying the permanency proceedings)
- In re Doe, 60 P.3d 285 (Haw. 2002) (services comparable through corrections suffice when parent is incarcerated)
- In re M.T., 613 N.W.2d 690 (Iowa Ct. App. 2000) (limitations on services due to incarceration are attributable to parent's criminal behavior)