Rule 2 - [Effective June 1, 2018] Initiation of Proceedings; Hearings (a) Initiation of Proceedings. All Abuse and Neglect, Delinquency and CHINS (Child in Need of Supervision) proceedings shall be initiated by the filing of a petition alleging abuse and neglect, delinquency or a child in need of supervision. Petitions for Shelter Care, Protective Custody or Temporary Placement shall not be filed without the filing of a corresponding petition alleging abuse and neglect, delinquency or child in need of supervision. (b) Presence of the Child. A child shall be present at the permanency hearing in abuse and neglect actions unless the court orders prior to the permanency hearing that the child need not be present. If the guardian ad litem or other party believes a child should not be present at the permanency hearing, a motion outlining the reasons for the request for excusal from the hearing shall be filed no less than ten (10) days prior to the permanency hearing. A child is encouraged to attend all other hearings in abuse and neglect actions, but a child need not be present at hearings in abuse and neglect actions unless the court so orders. A child alleged or adjudicated to be delinquent, or in need of supervision, shall be present at all hearings unless otherwise ordered by the court. A child alleged or adjudicated to be delinquent, or in need of supervision, shall be present at any hearing where the court is required to advise the child of the contents of a Petition and the child's rights under any applicable statute.
Upon motion of a party, the court may excuse the presence of a child alleged or adjudicated to be delinquent, or in need of supervision, who is of suitable age, if attendance would be detrimental to the child; or allow a child to appear by telephone.
(c) Presence of Foster Parent. A foster parent or other out-of-home care provider is entitled to be heard at any hearing. However, the court may limit the presence of the foster parent or care provider to the time during which the person's testimony is being given if it is (1) in the best interest of the child; or (2) necessary to protect the privacy interests of the parties and will not be detrimental to the child. (d) General Public Excluded. Hearings are not open to the public. However, the court may, after due consideration for the welfare of the child and the family, admit specific individuals to a hearing. Victims of delinquent acts, and members of their immediate families may be present pursuant to Wyoming statutes. (e) Notice to Parents, Guardians, Custodians, Foster Parents, Pre-Adoptive Parents, or Relative Caregivers. Prior to each hearing, the county or district attorney, or another entity designated by the court, shall provide written notice of such hearing to the parents (both custodial and non-custodial), guardians, custodians, foster parents, pre-adoptive parents, or relative caregivers. The notice shall include the time, place, and purpose of each hearing. This provision shall not be construed to require foster parents, pre-adoptive parents, or relative caregivers to be made a party to the hearing or proceeding solely on the basis of such notice and opportunity to be heard. (f) Requests for hearings. The county or district attorney, and/or guardian ad litem, and/or respondent counsel shall request the setting of timely hearings pursuant to Title 14 of the Wyoming Statutes, including but not limited to adjudicatory, dispositional, review, and permanency hearings. Adopted February 9, 2007, effective July 1, 2007; amended March 25, 2008, effective July 1, 2008; amended February 13, 2018, effective June 1, 2018.