Title 14 · WY
21-13-315(d)(vii), whether or not placement in the in-state
Citation: Wyo. Stat. § 21-13-315
Section: 21-13-315
21-13-315(d)(vii), whether or not placement in the in-state program or facility is currently available;
(B) The court makes an affirmative finding on the record that no placement can be made in a Wyoming institution or in a private residential treatment facility or group home located in Wyoming that can provide adequate treatment or services for the child; and
(C) The court states on the record why no in-state placement is available.
(b) If the child is found to be in need of supervision the court may:
(i) Permit the child to remain in the custody of his parents, guardian or custodian under protective supervision, subject to terms and conditions prescribed by the court;
(ii) Transfer temporary legal custody to a relative or other suitable adult the court finds qualified to receive and care for the child, with supervision, subject to terms and conditions prescribed by the court;
(iii) Transfer temporary legal custody to a state or local public agency responsible for the care and placement of children in need of supervision, provided:
(A) The child shall not be committed to the Wyoming boys' school or the Wyoming girls' school unless the child has attained the age of twelve (12) years and is also found delinquent;
(B) The court may not transfer the temporary legal custody to a state agency for out-of-community placement unless the child or the child's family has failed to perform under a court supervised consent decree or the department of family services has certified that a community treatment plan has proven unsuccessful.
(c) In cases where a child is ordered removed from the child's home:
(i) If a child is committed or transferred to an agency or institution under this section:
(A) At least every three (3) months the agency or institution shall recommend to the court if the order should be continued;
(B) Not less than once every six (6) months, the court of jurisdiction shall conduct a formal review to assess and determine the appropriateness of the current placement, the reasonable efforts made to reunify the family, the safety of the child and the permanency plan for the child. During this review:
(I) The department of family services shall present to the court:
(1) If the permanency plan is classified as another planned permanent living arrangement, documentation of the ongoing and unsuccessful efforts to return the child home or place the child for adoption or with a legal guardian or a fit and willing relative for purposes of guardianship or adoption, including evidence of efforts to use social media or other search technology to find biological family members for the child; (2) Efforts made to ensure that the child is provided, to the greatest extent possible, the opportunity to participate in age appropriate or developmentally appropriate activities and experiences as defined in W.S. 14-13- 101(a)(i) to promote healthy child and adolescent development consistent with W.S. 14-13-101 through 14-13-104; and
(3) If the child is placed in a qualified residential treatment program:
a. Information to show that ongoing assessment of the child's strengths and needs continues to support the determination that placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment, consistent with the short-term and long-term goals of the child and the child's permanency plan;
b. The specific treatment needs that will be met for the child in the placement;
c. The length of time the child is expected to remain in the placement;
d. The efforts made by the department of family services to prepare the child to return home or be placed for adoption or legal guardianship.
(II) The court shall:
(1) Determine whether the permanency plan is in the best interest of the child and whether the department of family services has made reasonable efforts to finalize the plan;
(2) Order the department of family services to take any additional steps necessary to effectuate the terms of the permanency plan;
(3) Ask the child or, if the child is not present at the review, the child's guardian ad litem or other legal representative about the child’s desired permanency outcome;
(4) If the permanency plan is classified as another planned permanent living arrangement: a. Make a judicial determination and explain why, as of the date of the review, another planned permanent living arrangement is the best permanency plan for the child; and
b. Provide reasons why it continues not to be in the best interest of the child to return home or be placed for adoption or with a legal guardian, or be placed with a fit and willing relative for purposes of guardianship or adoption.
(5) Make findings whether the child has been provided, to the greatest extent possible, the opportunity to participate in age appropriate or developmentally appropriate activities and experiences as defined in W.S.