From jkbwyo at yahoo.com Fri Feb 8 21:43:24 2008 From: jkbwyo at yahoo.com (jackie brown) Date: Fri, 8 Feb 2008 19:43:24 -0800 (PST) Subject: [WyoGAL] Fw: [WyomingAttorneys-l] DSB, minor: JA v. State, DFS 2008 WY 15 Message-ID: <598031.83178.qm@web30707.mail.mud.yahoo.com> I presume you all saw this. Jacqueline K. Brown Attorney FAMILY LAW CENTER, LLC 254 N. Center, Suite 104 P.O. Box 937 Casper, WY 82602 phone:(307) 237-1300 fax: (307) 265-6832 ----- Forwarded Message ---- From: "Martin, Meg" To: wyomingattorneys-l at lists.washlaw.edu Sent: Friday, February 8, 2008 2:50:23 PM Subject: [WyomingAttorneys-l] DSB, minor: JA v. State, DFS 2008 WY 15 Summary of Decision issued February 8, 2008 Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court. Case Name: DSB, minor: JA v. State, DFS Citation: 2008 WY 15 Docket Number: S-07-0097 Appeal from the District Court of Natrona County , the Honorable Scott W. Skavdahl, Judge Representing Appellant (Respondent): Orintha E. Karns of Brown, Drew & Massey, LLP, Casper , Wyoming . Representing Appellee (Petitioner): Patrick J. Crank, Wyoming Attorney General; Robin Sessions Cooley, Deputy Attorney General; Jill E. Kucera, Senior Assistant Attorney General; Ellen Rutledge, Senior Assistant Attorney General; Stacey L. Obrecht, Assistant Attorney General. Guardian Ad Litem: Mary Ann Budenske, Poverty law Center of Wyoming, Inc., Casper , Wyoming . Facts/Discussion: JA (Mother) appealed from the juvenile court?s ruling that she neglected her minor son, DSB (child). She claimed the juvenile court did not have subject matter jurisdiction over the neglect action instituted by DFS because the adjudicatory hearing was not held within 90 days after the original petition was filed. Appellate Jurisdiction: Mother claimed that the juvenile court lost subject matter jurisdiction over the entire neglect action because it failed to hold a hearing within 90 days of the filing of the original petition. That argument carried forward in the second case. The juvenile court recognized the continued viability of the subject matter jurisdiction issue in the second case. Therefore the Court had jurisdiction despite the fact that Mother did not file a notice of appeal of the order dismissing the first case without prejudice. Juvenile Court?s Jurisdiction over Neglect Action: The question was whether the juvenile court lost subject matter jurisdiction over the entire neglect action when it failed to comply with the procedural requirements set forth in the statutes. The Court reviewed the juvenile court?s decision de novo. The statutory language regarding the time for holding an adjudicatory hearing is plain and unambiguous. The statutes do not include a statement of the appropriate remedy for failing to follow the statutory deadline. The Court stated that an unequivocal expression from the legislature is required before a juvenile court loses subject matter jurisdiction over a neglect action. Remedy for Violating Statutory Deadline: By dismissing the petition without prejudice, the juvenile court placed the burden on DFS to re-file the charges and encourages parties to draw the court?s attention to a timing problem, while discouraging parents from taking actions to delay the proceedings in hopes of securing a final dismissal of the action. Mother suggested the juvenile court?s decision violated her due process rights. Mother made no showing that the technical statutory violation restricted her efforts toward reunification with the child. Holding: The plain language of the Child Protection Act does not unequivocally state that the juvenile court loses subject matter jurisdiction over the incident of neglect when it violates the statutory requirement that an adjudicatory hearing be held within 90 days after the petition was filed. The legislature did not state that the petition could not be dismissed without prejudice and re-filed. The juvenile court gave due attention to the 90 day deadline while still protecting the child by dismissing the petition without prejudice and giving DFS the opportunity to re-file the neglect allegations. Affirmed. J. Kite delivered the decision. Link: http://tinyurl.com/yuyxay . [SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. Please note when you look at the opinion that all of the paragraphs are numbered. When you pinpoint cite to a quote, you should cite to this paragraph number rather than to any page number. If you need assistance in putting together a citation using the Universal Citation form, please contact the Wyoming State Law Library.] Meg Martin, JD, MLIS Wyoming State Law Library Wyoming Supreme Court Building 2301 Capitol Avenue Cheyenne, WY 82002 307.777.8564 mmartin at courts.state.wy.us -----Inline Attachment Follows----- ------------------------------------------------------------------------ Public replies: Wyomingattorneys-l at lists.washlaw.edu List owner: Wyomingattorneys-l-admin at lists.washlaw.edu To signoff, send message to: Wyomingattorneys-l-request at lists.washlaw.edu message merely says: unsubscribe ~~~~~~~~~~~~~~~~~~~~~~~~~~~ A free service of WashLaw http://washlaw.edu (785)670.1088 ~~~~~~~~~~~~~~~~~~~~~~~~~~~ ____________________________________________________________________________________ Looking for last minute shopping deals? Find them fast with Yahoo! Search. http://tools.search.yahoo.com/newsearch/category.php?category=shopping -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.washlaw.edu/pipermail/wyogal/attachments/20080208/e931a8e6/attachment-0001.htm -------------- next part -------------- ------------------------------------------------------------------------ Public replies: Wyomingattorneys-l at lists.washlaw.edu List owner: Wyomingattorneys-l-admin at lists.washlaw.edu To signoff, send message to: Wyomingattorneys-l-request at lists.washlaw.edu message merely says: unsubscribe ~~~~~~~~~~~~~~~~~~~~~~~~~~~ A free service of WashLaw http://washlaw.edu (785)670.1088 ~~~~~~~~~~~~~~~~~~~~~~~~~~~ From jkbwyo at yahoo.com Mon Feb 11 21:19:55 2008 From: jkbwyo at yahoo.com (jackie brown) Date: Mon, 11 Feb 2008 19:19:55 -0800 (PST) Subject: [WyoGAL] Fw: Juvenile Justice Issues Message-ID: <434438.37613.qm@web30708.mail.mud.yahoo.com> Jacqueline K. Brown Attorney FAMILY LAW CENTER, LLC 254 N. Center, Suite 104 P.O. Box 937 Casper, WY 82602 phone:(307) 237-1300 fax: (307) 265-6832 ----- Forwarded Message ---- From: "Wyoaclu at aol.com" To: WTLA Listserve Sent: Monday, February 11, 2008 1:53:45 PM Subject: Juvenile Justice Issues List: wtlamembers Sent by: Linda Burt (Profile)Search FYI - For those of you who are interested in juvenile justice issues there are two other bills you might be interested in - HB 76 & HB 97 - I do hope that those of you that have expertise and interest in these issues will both contact your legislators and show up at hearings - the turn out for committee hearings is usually shameful. The bills introduced this year in the name of juvenile "justice" solve none of the problems that have been brought up over and over (since 1964) in the juvenile justice "non- system". There have been at least 3 studies that give clear direction on what needs to be done to ensure a system that provides for best practices for our juveniles. Non of the bills drafted so far make the slightest attempt to deal with any of the real issues. A patriot is one who wrestles for the soul of her country as she wrestles for her own being. ------ Adrienne Rich Linda Burt Executive Director Wyoming Chapter of the American Civil Liberties Union PO Box 20706 Cheyenne, Wyoming 82003 307-637-4565 The year's hottest artists on the red carpet at the Grammy Awards. AOL Music takes you there. __.___._ List Members | WYTLA.org | Search Depos | List Archives | Search Case Law Wyoming structured settlement experts Mark Dickson and Sherri Campbell have joined The James Street Group jkbwyo at yahoo.com (My Settings)Unsubscribepowered by TrialSmith.com _.___.__ ____________________________________________________________________________________ Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Try it now. http://mobile.yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ -------------- next part -------------- An HTML attachment was scrubbed... URL: http://lists.washlaw.edu/pipermail/wyogal/attachments/20080211/b6937561/attachment.htm