Ground for termination of parental rights-guardianship.
Summary
SF0022 amends Wyoming’s termination-of-parental-rights statute to add a new ground for termination when a child has been placed with a relative guardian for at least 24 consecutive months and there is clear and convincing evidence that the parent is unfit to have custody and control of the child. The bill defines “relative” by reference to existing Wyoming law. In practical terms, the measure creates a specific pathway for courts to terminate parental rights in long-term relative guardianship cases, rather than relying only on the existing general grounds for termination.
The bill is narrowly focused on child welfare and family law. It does not create a new guardianship system, but it changes the legal consequences of an existing guardianship arrangement by making prolonged relative care, combined with parental unfitness, an express statutory basis for termination. The effective date is July 1, 2025, so the amendment applies prospectively from that date.
The overall sentiment in the recorded votes suggests support for the bill, but with meaningful opposition. It passed the Senate and House Judiciary Committee with strong margins, and the House adopted an amendment by a wide vote. However, the final House passage and Senate concurrence were closer, indicating that while many lawmakers supported the policy, there was not unanimous agreement on the scope or implications of expanding termination grounds.
The main point of contention appears to be the balance between child permanency and parental rights. Supporters likely viewed the bill as a way to provide stability for children already living long-term with relatives and to align legal status with actual caregiving arrangements. Opponents likely had concerns about whether the new ground could make it easier to sever parental rights in cases where guardianship, rather than adoption, had been the intended arrangement, or whether the 24-month threshold and unfitness standard were sufficiently protective of parents.
Impact
SF0022 amends W.S. 14-2-309(a) by adding a new ground for termination of the parent-child legal relationship. Courts may now terminate parental rights when a child has been under the care of a relative guardian for at least 24 consecutive months and clear and convincing evidence shows the parent is unfit. This directly affects termination proceedings, child welfare cases, relative guardianships, parents, guardians, and children involved in long-term kinship care arrangements.
Sentiment
The bill appears to have been generally supported across the legislative process, as shown by favorable committee recommendations and passage in both chambers. At the same time, the floor votes were not unanimous and the final concurrence vote was especially close, suggesting that the bill was somewhat controversial even among lawmakers who ultimately allowed it to advance. The pattern of votes indicates broad but not universal agreement with the policy change.
Contention
The central debate is likely between advocates for permanency in child placements and defenders of parental rights. Supporters would emphasize that children living for two years or more with a relative guardian should not remain in legal limbo when a parent is demonstrably unfit. Critics would be concerned that the new ground could accelerate termination of parental rights in kinship-care cases, potentially reducing flexibility for reunification or other less drastic permanency options. The close concurrence vote suggests that these concerns were significant for some legislators.