Consent Decrees in - Wyoming Judicial Branch · Consent decree terms did not require a hearing...
Transcript of Consent Decrees in - Wyoming Judicial Branch · Consent decree terms did not require a hearing...
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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