In re Adoption of Cf, C-04-13.
| Decision Date | 16 September 2005 |
| Docket Number | No. C-04-13.,C-04-13. |
| Citation | 2005 WY 118,120 P.3d 992 |
| Parties | The Matter of the ADOPTION OF CF, a minor. TF, Appellant (Respondent), v. State of Wyoming, Department of Family Services, Appellee (Petitioner), and MJW and JMW, Appellees (Petitioners). |
| Court | Wyoming Supreme Court |
Representing Appellant: Gay Woodhouse and Lori Brand of Gay Woodhouse Law Office, P.C., Cheyenne, Wyoming. Argument by Ms. Brand.
Representing Appellee, State of Wyoming, Department of Family Services: Patrick J. Crank, Attorney General; Robin Sessions Cooley, Deputy Attorney General; Dan S. Wilde, Senior Assistant Attorney General; and Nancy Conrad, Assistant Attorney General. Argument by Ms. Conrad.
Representing Appellees MJW and JMW: D. Stephen Melchior, Cheyenne, Wyoming and Megan L. Hayes, Laramie, Wyoming. Argument by Ms. Hayes.
Representing Guardian ad Litem: John M. Burman and Cara B. Chambers, U.W. Legal Services, Laramie, Wyoming.
Before HILL, C.J., and GOLDEN, KITE, VOIGT, and BURKE, JJ.
[¶ 1] Appellees MJW and JMW (Foster Parents) filed a petition with the district court to adopt CF. CF's biological mother, TF (Mother), objected to the adoption, and her father (Grandfather) sought custody of, and/or visitation with CF. The district court approved Foster Parents' petition to adopt CF and denied Grandfather's request for visitation. Mother and Grandfather appealed from the district court's order, but Grandfather dismissed his appeal prior to filing a brief with this Court.
[¶ 2] Mother asserts the district court committed numerous errors in this case, including in its resolution of Grandfather's claims. We find clear and convincing evidence to support the district court's decision to grant Foster Parents' petition to adopt CF without Mother's consent. Furthermore, we conclude that Mother does not have standing to raise issues pertaining to Grandfather's rights. We, therefore, affirm the final decree of adoption.
[¶ 3] Mother presents a long list of issues on appeal:
I. Did the State of Wyoming Department of Family Services violate appellant birth family's fundamental rights to familial association, substantive and procedural due process and federal law by urging and subsidizing petitioners' suit for adoption without consent rather than proceeding with recommended grandparent placement of CF[?]
II. Did the district court err as a matter of law by applying the wrong standard of proof to petitioners' claim that mother had willfully failed to pay child support pursuant to Wyo. Stat. § 1-22-110(a)(iv)[?]
III. Did the district court err as a matter of law in concluding that the petitioners had satisfied their burden of proof that mother had willfully permitted her child to be maintained by the department without contributing to support pursuant to Wyo. Stat. § 1-22-110(a)(vi)[?]
IV. Did the district court err as a matter of law when it found that clear and convincing evidence had been submitted regarding the adjudication of neglect of mother in this case pursuant to Wyo. Stat. § 1-22-110(a)(vii)[?]
V. Did the district court err as a matter of law in ignoring the recognized fundamental right of association of grandparents and grandchildren thereby denying grandparent visitation and custody to mother's father as requested by petition filed prior to petition for adoption without consent[?]
VI. Did the district court err in finding that it was in the child's best interests to terminate contact with birth family by granting adoption without consent to nonrelative caregivers under these circumstances[?]
VII. Did the district court err by making no explicit findings of fact in connection with grandfather's motion for stay pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940, et seq., 50 U.S.C. § 501 et seq.[?]
VIII. Do the cumulative errors committed by the district court necessitate reversal of the final decree of adoption issued in this case[?]
The Department of Family Services (DFS) presents the following issues:
I. Whether appellant has standing to appeal alleged errors or violations of the law on the grandfather's behalf?
II. Whether CF's placement in foster care and the Department of Family Services' subsidy of MJW and JMW's petition to adopt CF without TF's consent, violated appellant's fundamental rights to familial association, substantive and procedural due process, federal law or the Department of Family Services' rules and regulations?
III. Whether the district court abused its discretion when it granted appellee's adoption without consent pursuant to Wyo. Stat. Ann. § 1-22-101?
Foster Parents present the following issues:
1. Whether the birth mother/appellant has waived the right to raise on appeal any questions regarding the propriety of the state of Wyoming's agreement to subsidize the foster parents'/appellees' costs incurred in this adoption proceeding because of appellant's failure to object to such subsidy agreement below or to show how such agreement affected the trial court's decision to grant the petition for adoption.
2. Whether there was sufficient evidence for the district court to conclude that the foster parents/appellees had proven, by clear and convincing evidence, the existence of at least one of the statutory factors necessary to prevail on their petition for adoption.
3. Whether the trial court abused its discretion in concluding that it was in CF's best interests to grant the foster parents'/appellees' petition for adoption.
4. Whether the trial court properly denied the grandfather's emergency motion to stay the trial proceedings pursuant to the Service Members Civil Relief Act, 50 Appx. U.S.C. § 521.
5. Whether the doctrine of cumulative error applies to this case.
The Guardian ad Litem raises the following two issues:
ISSUE I:
What is the role of the guardian ad litem in an adoption proceeding?
ISSUE II:
Is it in CF's best interest to seek resolution and finality in the litigation concerning his placement?
[¶ 4] CF, who has numerous physical and emotional problems, was born in Georgia on July 10, 1999. Mother and CF subsequently moved to Wyoming, and on June 14, 2001, Mother took CF to the Laramie County DFS office. She stated that she could not care for CF and wanted him placed in "the State's custody." DFS incorrectly informed Mother that she could not voluntarily place CF in foster care. Consequently, she agreed to allow law enforcement to take him into protective custody, and the district attorney filed a neglect petition against Mother. CF was placed in Foster Parents' home, where he has resided since.
[¶ 5] DFS and Mother entered into a consent decree in which she agreed to cooperate with DFS to develop and follow a case plan. DFS petitioned to revoke the consent decree because Mother did not comply with the terms of her case plan. Mother admitted the allegations of the neglect petition, and the district court entered an order of final disposition, finding CF was neglected. Mother did not appeal the order of final disposition.
[¶ 6] Grandfather, who is Mother's adoptive father, contacted DFS and stated that he would like for CF to be placed with him at his home in Iowa. DFS arranged for a study of Grandfather's home, and Grandfather was approved as a placement option. DFS recommended several times throughout the juvenile proceeding that CF be placed with Grandfather; however, Mother strongly objected to CF being placed with Grandfather. Consequently, CF remained with Foster Parents.
[¶ 7] In July 2002, Grandfather traveled to Wyoming and spent three days with CF. After the visit, CF's behavior in the foster home regressed. DFS concluded that CF had bonded with the foster family and a change in placement would be detrimental to his welfare. DFS, therefore, recommended that CF be placed permanently with Foster Parents and agreed to subsidize Foster Parents' efforts to adopt CF.
[¶ 8] In April 2003, Foster Parents petitioned to adopt CF without the parents' consent in accordance with Wyo. Stat. Ann. § 1-22-110.1 (LexisNexis 2005). The biological father did not appear, and, consequently, the district court terminated his parental rights in accordance with § 1-22-110(a)(i). Mother, however, contested the adoption, and Grandfather filed an action seeking grandparent visitation rights. The district court allowed Grandfather to intervene in the adoption proceeding and consolidated it with Grandfather's visitation action and the juvenile matter.
[¶ 9] The district court held a trial on the consolidated matters on October 30, 2003, and December 15 and 16, 2003. On December 12, 2003, Grandfather filed an emergency request for a stay of the trial because he had been deployed to active military duty through the National Guard and could not attend the trial in person. The district court denied the motion for a stay, but permitted Grandfather's attorney to represent him in person at the trial and allowed Grandfather to testify by telephone. In the end, the district court granted Foster Parents' petition to adopt CF and terminated Mother's parental rights. The district court also denied Grandfather's request for visitation rights. On March 25, 2004, the district court entered the Final Decree of Adoption. Mother and Grandfather filed a joint notice of appeal; however, Grandfather subsequently dismissed his appeal.
[¶ 10] The district court has the power and discretion to grant an adoption without parental consent, provided all the statutory elements are satisfied. In the Matter of the Adoption of SMR, MVC v. MB, 982 P.2d 1246, 1248 (Wyo.1999). This Court reviews adoption decrees by applying the abuse of discretion standard. In the Matter of Adoption of TLC, TOC v. TND, 2002 WY 76, ¶ 9, 46 P.3d 863, 867-68 (Wyo.2002).
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