In the Matter of the Termination of Parental Rights to HLL and KGS, Minor Children: CLB v. State of Wyoming, Department of Family Services

Summary

The Wyoming Supreme Court affirmed the termination of a mother's parental rights to two minor children under Wyo. Stat. Ann. §§ 14-2-309(a)(iv) and (v). The Court held that the district court had subject matter jurisdiction, that the Wyoming Rules of Civil Procedure apply to termination proceedings, and that the district court properly denied the mother's motion to set aside default. The Court also concluded that the Department presented clear and convincing evidence supporting termination.

Holdings

1. The district court had subject matter jurisdiction over the termination proceeding because the Department's petition stated a case within the general class of proceedings over which the district court has authority and the Department was authorized to file the petition.
2. The Wyoming Rules of Civil Procedure, including Rule 55 governing default, apply to parental-rights termination proceedings.
3. A clerk may enter default under W.R.C.P. 55(a), but a district court may not enter a default judgment terminating parental rights without holding the required hearing and receiving clear and convincing evidence establishing a statutory ground for termination.
4. The district court did not abuse its discretion by denying Mother's motion to set aside the entry of default because she failed to establish good cause.
5. Clear and convincing evidence established that Mother was incarcerated due to a felony conviction and was unfit to have custody and control of HLL and KGS, supporting termination under § 14-2-309(a)(iv).

Questions Presented

1. Whether the district court had subject matter jurisdiction over the termination proceeding.
2. Whether Wyoming Rule of Civil Procedure 55 applies in parental-rights termination proceedings.
3. Whether the district court abused its discretion by denying Mother's motion to set aside the entry of default.
4. Whether clear and convincing evidence supported termination of Mother's parental rights under Wyo. Stat. Ann. § 14-2-309(a)(iv) and (v).

Disposition

affirmed