Consent Decrees in

Wyoming’s Juvenile Courts

Shawnna M. Herron

Senior Assistant Attorney General

Statutes:

W.S. § 14-3-428 – Child Protection Cases

W.S. § 14-6-228 – Juvenile Delinquency

W.S. § 14-6-428 – CHINS Cases

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General Provisions

Timing:

Agreement can be signed anytime after filing of petition and

before adjudication

Consent decree shall be in writing

Issued by the Court – orders further proceedings held in

abeyance

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Consent decree must be agreed to

by: Child Protection:

district attorney

the child's guardian ad

litem and

the parents

Delinquency / CHINS

district attorney

the child's attorney

Child

With notification to parents

Statute does not require consent of Department of Family

Services

However, Consent decree SHALL INCLUDE THE CASE

PLAN FOR THE FAMILY/CHILD.

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Length of Agreement – Child Protection Cases

If the Child remains in the home:

time period agreed upon by parties unless sooner terminated by

the court

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Length of Agreement – Child Protection Cases

If the child is placed outside the home:

In force for the period agreed upon by the parties

but not longer than 6 months unless sooner terminated by the court.

For good cause the court may grant 1 extension for no longer than 6 months

Court shall hold review hearings as provided by W.S. 14-3-431

Child’s placement: subject to terms/conditions in decree –

subject to §14-3-429 (Disposition)

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Length of Agreement – Juvenile Delinquency & CHINS Cases

time period agreed upon by parties

but not longer than 1 year unless child is sooner discharged or the

agreement is terminated by the court

If child in out of home placement, must have review and permanency hearings as required by W.S. §§ 14-6-229, 14-6-429

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Terms of Agreement

MR v. State (In Interest of CDR), 2015 WY 79 (Wyo. 2015)

Mother and Father both signed consent decree in a neglect case

Decree required them to:

Live law-abiding life

Mother had to obtain alcohol/substance abuse evaluation and follow

regimen of treatment recommended

Evaluation recommended that Mother “abstain from alcohol…for the

remainder of her life”

Mother alleged to have violated terms by drinking alcohol

Consent decree for both parents revoked

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Terms of Agreement

MR v. State (In Interest of CDR), 2015 WY 79 (Wyo. 2015)

Father appealed, argued consent decree didn’t prohibit mom to

consume alcohol.

Father did NOT argue that his consent decree should not have been revoked

for Mother’s conduct

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Terms of Agreement

MR v. State (In Interest of CDR), 2015 WY 79 (Wyo. 2015)

Supreme Court held:

Consent decrees are a contractual agreement between parties, and should

be enforced in accordance with parties’ intent

Contract must be construed as written

Court must attempt to ascertain parties’ intent from specific wording of the

agreement

If the wording is clear and unambiguous, Court must enforce agreement

without going beyond the four corners of the document

Express terms of decree did not prohibit Mother from drinking

Abstain from alcohol was a “goal” not a “regimen of treatment”

Consent decree could have expressly stated “Parties shall not consume

alcohol.”

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Terms of Agreement

Practice Tip:

Terms CANNOT include whether the parent will be listed on the

Central Registry

Central Registry listing happens when DFS substantiates a person for abuse or

neglect

It is an administrative case – W.S. § 14-3-213

The Registry is available for employment purposes

Consent decree terms cannot include whether parent will be substantiated or

not. This is a separate administrative case – the prosecuting attorney does not have the authority to control DFS’ administrative process

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If parent fails to comply:

Either:

Move to revoke consent decree OR

File a new petition alleging the child to be neglected

Timing:

prior to discharge by the court OR

prior to expiration of the consent decree

Hold a hearing. If Court finds parent violated agreement, the

original petition and proceeding may be reinstated

If petition reinstated, the court may proceed as though

the consent decree had never been entered.

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Admission

If the parent admitted to allegations as part of the consent

decree:

the admission shall be entered only if the court orders that the original

petition and proceeding be reinstated and the admissions, if any, be

entered.

Practice tip: Make sure your order revoking consent decree is specific!

If the admission is entered, the court may proceed to disposition

pursuant to W.S. 14-3-426.

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CY v. State (In Interest of DJS-Y), 2017 WY 54 (Wyo. 2017).

Mom entered into a consent decree

Terms:

In effect for 6 months and decree shall expire and case deemed dismissed if no further

action is taken

After the 6-month period ran, Mother moved to dismiss because decree had expired

State responded that Mother was in a residential treatment program and unable

to care for children and had violated consent decree

State requested the original petition be re-instated

Juvenile Court extended consent decree for another 6 months

Mom appealed; children were then returned to her care and juvenile case

dismissed while appeal pending

State argued case was moot

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CY v. State (In Interest of DJS-Y), 2017 WY 54 (Wyo. 2017).

Supreme Court held:

Mootness doctrine exception applied in order to provide guidance to juvenile

courts and state agencies

State failed to take any action prior to expiration of consent decree

State could have moved to revoke or extend the consent decree, or filed a new

neglect petition

A consent decree can only be extended if there is an existing consent decree

Mom’s consent decree was deemed dismissed by the decree’s express terms

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Successful Completion

If parent successfully complies OR the decree is not revoked prior to

expiration:

Parties discharged by the court under a consent decree without

reinstatement of the original petition shall not thereafter be

proceeded against in any court for the same misconduct

alleged in the original petition

except concurrent criminal allegations or charges against a person

accused to have abused or neglected a child shall not be affected by

a consent decree.

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DB v. State (In re CRA), 2016 WY 24 (Wyo. 2016)

Mother signed a consent decree

The County Attorney moved to dismiss case because Mother completed

consent decree

Non-custodial Father argued that Mother didn’t comply with consent

decree

Juvenile Court dismissed case without a hearing

Father appealed, arguing that Court should have held a hearing to

determine Mother’s compliance

Supreme Court held:

Statute does not require hearing – prosecutor can dismiss case any time

Consent decree terms did not require a hearing prior to discharge

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Vaughn v. State, 2017 WY 29 (Wyo. 2017)

Juvenile was adjudicated delinquent for a serious sexual offense

and was required to register as a sex offender

Juvenile appealed, arguing that the statute violated his to equal

protection because adults had opportunity for deferred

prosecutions under W.S. § 7-13-301 and he didn’t

Supreme Court held:

Juvenile had equivalent of a deferred prosecution (or “301”)

with a consent decree, so there was no equal protection

violation

Court stated: “There is no meaningful distinction between

a consent decree and a 301 deferral.”

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Practice Tips:

Always include an admission

Make terms of the consent decree SPECIFIC!

If you have enough information to request an evaluation, include

terms prohibiting party from consuming alcohol or using substances

OR: modify decree terms after evaluation is completed to

incorporate recommendations

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Practice Tips:

Always calendar expiration date of decree

Review date at every MDT meeting

If you go beyond expiration date, only option is to file a new neglect

petition

Always include case plan

Do not revoke and “reinstate” for longer than statutory timelines

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