Anastos v. State, Department of Family Services

Summary

The Wyoming Supreme Court affirmed the termination of Kenneth Anastos’s parental rights to his daughter. The court held that clear and convincing evidence supported the jury’s finding that Anastos was an unfit parent while incarcerated under Wyo. Stat. Ann. § 14-2-309(a)(iv). The court also held that the Department of Family Services’ untimely case plan was a harmless rule violation and did not warrant judgment as a matter of law.

Holdings

1. Termination of Anastos's parental rights was supported by sufficient clear and convincing evidence that he was incarcerated due to a felony conviction and was unfit to have custody and control of AA.
2. A violation of an agency rule requiring timely completion of a case plan does not require reversal of a parental-rights termination unless the parent shows that the violation denied due process or violated a fundamental right; the late case plan was harmless here.

Questions Presented

1. Whether sufficient clear and convincing evidence supported the jury's finding that the statutory requirements for termination of Anastos's parental rights were satisfied.
2. Whether the district court abused its discretion or otherwise erred by denying Anastos's motion for judgment as a matter of law based on DFS's failure to timely complete his case plan.

Disposition

affirmed