In the Matter of the Termination of Parental Rights to AE and DE, Minor children: JD and SE v. State of Wyoming, Department of Family Services, 2009 WY 78

Summary

The Supreme Court of Wyoming affirmed the termination of the parental rights of both parents to two minor children. The court held that clear and convincing evidence established the statutory ground of parental unfitness while incarcerated for felony convictions, and that this ground independently supported termination without requiring proof of unsuccessful rehabilitation efforts. The court also concluded that evidence of past parenting conduct was relevant to determining present parental fitness.

Holdings

1. The statutory grounds for termination are independent, and proof of any one ground by clear and convincing evidence supports termination. Because termination was properly supported under § 14-2-309(a)(iv), the court did not need to address the parents' arguments concerning reasonable rehabilitation efforts under subsection (a)(iii).
2. The parents' parental rights were properly terminated under Wyo. Stat. Ann. § 14-2-309(a)(iv) because clear and convincing evidence established that each parent was incarcerated due to a felony conviction and was unfit to have custody and control of the children.
3. Parental fitness under § 14-2-309(a)(iv) must be evaluated at the time of the termination hearing, but evidence of past parental behavior is relevant to determining current fitness and may be considered as part of a pattern of conduct.

Questions Presented

1. Whether DFS was required to establish reasonable reunification and rehabilitation efforts under Wyo. Stat. Ann. § 14-2-309(a)(iii) when termination could also be based on the parents' felony incarceration and unfitness under § 14-2-309(a)(iv).
2. Whether clear and convincing evidence established that the parents were incarcerated due to felony convictions and were unfit to have custody and control of the children under Wyo. Stat. Ann. § 14-2-309(a)(iv).
3. Whether parental fitness under § 14-2-309(a)(iv) must be evaluated at the time of the termination hearing and whether evidence of past parental conduct may be considered in determining present fitness.

Disposition

affirmed