Right to counsel

Wyo. Stat. Ann. § 14-3-211(a) provides that “The court shall appoint counsel to represent any child in a court proceeding in which the child is alleged to be abused or neglected. Any attorney representing a child under this section shall also serve as the child’s guardian ad litem unless a guardian ad litem has been appointed by the court.”  See DB v. MM (In re Parental Rights to Child X), 617 P.2d 1078, 1079 (Wyo. 1980) (if child not appointed attorney to represent child’s best interests in abuse/neglect court proceedings, then proceedings are fatally defective and substantive issues must be remanded to repair error).

When a child is taken into temporary protective custody, placed into detention, or placed into shelter care, a shelter care or informal detention hearing must be held as soon as reasonable possible. Wyo. Stat. Ann. §§ 14-3-409(a), 14-6-409(a), 14-6-209(a) (West 2013). In said hearings, the judge must advise the child of the right to counsel. Wyo. Stat. Ann. §§ 14-3-409(b)(ii), 14-6-409(b)(ii), 14-6-209(b)(ii) (West 2013).

In March 2023, Wyoming enacted the Wyoming Indian Child Welfare Act, Wyo. Stat. Ann. § 14-6-701 et seq., which mirrors the federal ICWA, providing that an Indian child may be appointed counsel “in any shelter care placement or termination proceeding.”  Wyo. Stat. Ann. § 14-6-704(b) (“The court may, in its discretion, appoint counsel for the child upon a finding that the appointment is in the child’s best interests.”).  However, the previously cited, more protective provisions would control, providing Indian children the same right to counsel enjoyed by other children in shelter care placement hearings. Wyo. Stat. Ann. §§ 14-3-409(b)(ii), 14-6-409(b)(ii), 14-6-209(b)(ii) (West 2013).