LM v. Laramie County Department of Family Services

Summary

The Wyoming Supreme Court reversed and remanded a termination-of-parental-rights decision because the district court neither appointed a guardian ad litem for the children nor made the findings required by statute. The court held that Wyo. Stat. Ann. § 14-2-812 is mandatory and requires either appointment of a guardian ad litem or an express finding that another party will adequately represent the children's interests without an adverse conflict.

Holdings

1. Wyo. Stat. Ann. § 14-2-812 is an unambiguous mandatory statute requiring the district court either to appoint a guardian ad litem to represent the child or children in a parental-rights termination action or to find that the petitioner or another party will adequately represent the children's interests and that those interests are not adverse to that party.
2. Failure to comply with the mandatory guardian-ad-litem requirement in a parental-rights termination proceeding is fundamental error requiring reversal.

Questions Presented

1. Whether Wyo. Stat. Ann. § 14-2-812 requires the district court in a parental-rights termination proceeding either to appoint a guardian ad litem for the child or children or to make the statutory findings excusing appointment.
2. Whether the district court's failure to comply with § 14-2-812 constituted fundamental error requiring reversal.

Disposition

reversed_and_remanded