Delinquency Services Summary
Combination State: With the exceptions of secure detention and limited local probation services, the state operates most delinquency services for youth in Wyoming. The district/county attorney's office is responsible for delinquency intake screening. With the exception of two district courts and one municipal court, the Department of Family Services, Division of Juvenile Services provides most probation services as well as commitment, release, and aftercare services. Detention services are the responsibility of local law enforcement.

Court(s) with Delinquency Jurisdiction
District courts, which are general jurisdiction trial courts, have jurisdiction over "delinquency" and CHINS matters. District court judges preside over juvenile court, which has exclusive jurisdiction over youth alleged to have been abused or neglected, certain offenders age 12 and younger, and children in need of supervision. However, district (juvenile) courts share jurisdiction with circuit and municipal courts, which are limited jurisdiction courts, over misdemeanor cases or ordinance violations involving juveniles. As a result, circuit and municipal courts handle many more cases involving minors than do district courts. For more information, visit the Wyoming Judiciary web site.

Highlights

Juvenile Drug Courts
Wyoming has around 17 drug courts, at least 4 of which are juvenile drug courts. In Campbell County (Gillette), the Juvenile and Family Drug Court (JFDC) was established in 2002 to reduce substance abuse and related delinquent behavior among non-violent juvenile offenders, strengthen family relationships, improve juveniles’ school performance, and enhance public safety. A Drug Court Team (consisting of the judge, a county attorney, a public defender, and representatives from juvenile probation, the Department of Family Services, substance abuse treatment providers, and the school district) works to address the needs of the juvenile and his/her family. Parents/guardians may be placed under the jurisdiction of the District or Juvenile Court and ordered to submit to urinalysis or searches, attend counseling, and perform any other task necessary to maintain stability in the juvenile's life. Parents/guardians can be held in contempt if they fail to complete court-ordered tasks. Since its inception, 30 participants have graduated from JFDC. All graduates are either attending or have graduated from high school or have obtained their GED, and 75% have had no new arrests.

Detention
County law enforcement agencies administer secure detention. There are about 10 secure detention facilities in Wyoming. Detention options include secure facilities, shelters, home detention, and electronic monitoring. Law enforcement officers screen admissions and contact the Department of Family Services' "on-call" worker for a placement decision on admission. By statute, the district attorney may also review the need for a juvenile's detention and may order a juvenile's release from detention. There is no state-mandated risk assessment instrument that is used at detention screening.

Juveniles may be held in detention pre-adjudication, pre-disposition, and while awaiting placement. District court judges can sentence youth to secure detention for a period not to exceed six months, and detention may be used as a sanction for violating probation.

By statute, a juvenile may be held in detention in order to protect the person or property of others; to prevent the juvenile from fleeing; or if there is no parent/guardian available to supervise the juvenile. Once a juvenile is taken into custody, a detention hearing must be held within 72-hours.

The State Advisory Council on Juvenile Justice (SACJJ) issued Juvenile Detention Standards in order to bring all of Wyoming's counties into compliance with the JJDP Act requirements. SACJJ has been promoting the standards with local detention officials. Some counties have adopted some standards, but the standards have not yet been adopted statewide.

Delinquency Intake Screening
The prosecutor's office/prosecutor (district or county attorney) receives all referrals from law enforcement regarding juvenile delinquents. The prosecutor makes the charging decision and decides whether to divert the case or file a petition.

Diversion
First-time juvenile offenders or those charged with minor offenses may be diverted to such programs as teen court, community service programs, and counseling. Diversion programs may be run by the Department of Family Services, Division of Juvenile Services; the juvenile court; or prosecutors' offices.

Wyoming statute sections 7-13-1201 through 7-13-1205 describe the teen court program. This legislation came about through the efforts of youth taking part in a 1995 Wyoming Youth Summit held by the Wyoming Bar Association and the Wyoming LRE (Law Related Education) Council. Summit participants decided to focus on getting teen court legislation passed and lobbied the Wyoming House and Senate for such legislation. The Teen Court legislation passed in 1996.

Predisposition Investigation
Juvenile probation officers from the Department of Family Services' field offices perform predisposition investigations, called social summaries. Juvenile probation officers in some counties use the Youth and Family Services Screening Instrument (a risk/needs assessment created in Wyoming) to prepare predisposition reports on juvenile delinquents and children in need of supervision (CHINS) who are supervised by the Department of Family Services. Goals representing the balanced approach are also developed for the predisposition report. By statute, the investigation and report preceding probation (social summary) should include the circumstances of the offense; the criminal record, social history, and present conditions of the juvenile; the findings of any physical or mental health examinations; statements from the victim; and a summary of the impact of the offense on the victim. Social summaries also include law enforcement contacts for the entire family, not just the juvenile, to make better decisions during the multi-disciplinary team meetings and to make better disposition recommendations.

Victim Rights and Services
The statutory rights of victims of juvenile offenders in Wyoming reside in §14-6-502. Victim rights in Wyoming include the right to: be notified of the status of the case, scheduled hearings, disposition, and detention or release of the offender; be provided information about their rights under the law, victim compensation, and available victim services and assistance; attend and participate in all juvenile court proceedings; be advised of the potential for plea negotiations; and make victim impact statements for use in the preparation of the predisposition investigation report and during the disposition hearing. The prosecuting attorney must notify the victim in writing of hearings, plea negotiations, and pre-adjudicatory or pre-disposition release of the offender.

The Office of the Attorney General, Division of Victim Services works with state and local victim services programs to improve and expand the services available to crime victims in Wyoming. The Division of Victim Services administers victim-related federal grant funds; provides training and technical assistance to victim assistance programs in the community; develops statewide standards for victim/witness assistance programs; and administers the crime victim compensation program. The Division of Victim Services’ web site lists victim resources and advocate agencies by county. At the local level, victim/witness programs may be operated by law enforcement agencies (sheriffs’ or police departments) or county attorneys’ offices.

Probation Supervision
The Department of Family Services (DFS), Division of Juvenile Services administers community-based probation through regional and county offices. One municipal court (Casper Municipal Court) and two district courts (Campbell County Juvenile Probation Office in Gillette and Sweetwater County Probation Department in Green River) support and direct their own juvenile probation staff independent of the state system. The Department of Family Services may contract with community resources for support services, such as chemical testing and electronic monitoring. Juvenile probation officers' caseloads consist only of juveniles. In mid-2004, juvenile services were reorganized to allow for juvenile probation officers to focus only on probation and not on probation and child protective services.

The Department of Family Services' administrative code specifies that the "goals of probation are a safer community, reparation to the victim and a better equipped and more responsible juvenile." DFS is currently applying the principles of the balanced approach/restorative justice model to their service continuum by initiating new community-based programs and incorporating the principles into the format for disposition investigations, recommendations to the court, and probation supervision.

Juvenile probation officers are usually stationed in regional probation offices and, in some cases, work out of neighborhood offices or schools. Non-traditional working hours include weekend or other flexible hours. Specialized probation in Wyoming includes the Intensive Supervision Probation (ISP) program, a substance abuse-focused program for violent or sexual offenders. ISP uses existing services in the community to divert committed youth from correctional programs. Recent legislation has funded 20 new ISP officer positions throughout the state. The mandated caseload size for the Intensive Supervision Probation program is 15.

Probation rules and policies in DFS-administered probation departments mandate the use of the Youth and Family Services Screening Instrument (developed in-house by DFS) to determine levels of probation supervision. Community safety, victim reparation, and competency development goals are also developed. The Teen Addiction Severity Index (T-ASI) is also used for juveniles in the Intensive Supervision Probation program. The development of individualized supervision plans is now required for all youth on probation. Wyoming does not currently evaluate the interim or long-term effectiveness of juvenile probation supervision; however, there are plans to do this in the future.

There are no 'standards' for probation in Wyoming, but there are rules and regulations that are similar to standards. Some rules and regulations are mandated.

Juvenile Probation Officer Qualifications, Certification, and Training
Juvenile probation officers from Department of Family Services (DFS)-administered probation departments must have at least bachelor's degrees or the equivalent. New probation officers attend a 32-hour orientation within 6 months of their hire (state policy); they also attend orientations in the field offices in which they work. All field staff who works with troubled and delinquent youth receive certification training within one year of hire. This is a four-day training session that addresses issues, such as supervision skills, assessments, predisposition reports, chemical testing, safety, electronic monitoring, and identifying resources. Certification is not a requirement for employment, but it is required to be completed after a person is hired. The certification training includes a written test at the end. There is no requirement for the ongoing training of juvenile probation officers.

DFS organizes the training and facilitates the majority of it. Outside agencies, such as the Department of Corrections, Victims Services, and service providers from the community, are brought in to help with the training. There is no state funding earmarked for training; funding is provided internally by DFS.

Requirements around juvenile probation officer qualifications and training may differ for non-DFS juvenile probation departments. In Campbell County, for example, juvenile probation officers are required to have a Bachelor’s degree and 3—4 years of experience. Campbell County provides funding for each officer to attend a national conference or a training program every year.

Juvenile Corrections Continuum
The Division of Juvenile Services in the Department of Family Services (DFS) administers the state training schools: one for males (Wyoming Boys' School) and one for females (Wyoming Girls' School). Both schools are staff-secure facilities. DFS currently contracts with private providers for group home and residential treatment services.

Commitment to State
Commitments to the temporary legal custody of the Department of Family Services (DFS) are indeterminate, not to exceed the youth's 21st birthday. Wyoming has implemented "progressive sanction guidelines" in the State's Juvenile Justice Act (Article 2) to ensure that juvenile offenders face uniform and consistent consequences and punishments that correspond to the seriousness of each offender's current offense, prior delinquent history, special training needs, and the effectiveness of prior interventions. Five sanction levels are defined in the the Wyoming Juvenile Justice Act, Secs. 14-6-245 through 14-6-252.

The juvenile court decides where to place a committed juvenile. A "multi-disciplinary team" (MDT) develops placement recommendations. By statute, each juvenile court designates an MDT consisting of the juvenile's parents, the county attorney, and officials from DFS, mental health, education, and the juvenile court. Depending on the county, the MDT will also include the juvenile probation officer assigned to the case. Judges use information from the Youth and Family Services Screening Instrument (used only in counties in which DFS administers juvenile probation) along with the MDT's recommendations when making placement decisions.

In addition to being supervised by staff in the various placements, juveniles continue to have a designated juvenile probation officer from DFS assigned to them. DFS supervises all juveniles in placement, even if the juvenile is originally from a county in which DFS does not run the juvenile probation department. Once a juvenile from a non-DFS county is in placement and under the supervision of DFS, the juvenile’s original non-DFS juvenile probation officer will remain on the MDT until the juvenile’s case is closed.

Blended Sentencing
Wyoming does not have blended sentencing provisions.

Direct Placement
Juvenile court judges can place juveniles for an indeterminate period of time in local or private placements without committing them to the Department of Family Services. Placement options include the state hospital, residential treatment facilities, group homes, education centers, and juvenile detention facilities. Juvenile probation officers from the Department of Family Services supervise youth in such placements.

Release
The juvenile court makes release decisions with input from placement and Department of Family Services (DFS) staff, as well as non-DFS county probation staff if originally involved in the case. Release recommendations are made by the multi-disciplinary team (see description under Commitment to State). Juveniles may be released at any time. DFS must notify the juvenile court of any planned release from state institutions. Release decisions are subject to review of the committing court for further disposition.

Aftercare/Re-entry
The Department of Family Services (DFS), Division of Juvenile Services supervises youth in aftercare. DFS juvenile probation officers supervise youth returning from residential placements, including juveniles originally from a county in which DFS does not run the juvenile probation department. In three counties, specialized re-entry programs are provided for youth returning from training schools. A request for funding to expand the re-entry program to a statewide program has been made to the Wyoming legislature.

Wyoming is participating in the Office of Justice Program's Serious and Violent Offender Reentry Initiative. For information about Wyoming's involvement, click here. By visiting the State Activities & Resources page, users can read about how other states are using their grants. Descriptions of programs for juveniles follow the descriptions of programs for adults, where applicable.

State Laws

Legal Resources
Wyoming's Juvenile Code resides in sections 14-6-201 to 14-6-252 (Juvenile Justice Act) and 14-6-301 to 14-6-308 (Juvenile Probation).

Wyoming Court Rules

Wyoming State Bar

Purpose Clauses
To read Wyoming's purpose clause for delinquency proceedings, click here.

Delinquency Jurisdiction (as of the end of the 2005 legislative session)
Lower Age: None specified
Upper Age: 17
Extended Age of Delinquency Jurisdiction: 20

Juvenile Transfer Laws
For information on Wyoming's juvenile transfer laws, click here.

Juvenile Justice Leadership

State Advisory Council on Juvenile Justice
The State Advisory Council on Juvenile Justice is created by legislation within the Office of the Governor to generally review and inform the development of the State's juvenile justice system, help form local community juvenile service boards, and review the expenditure of Federal and State grants and budgets for juvenile justice. The membership and duties of the Council are outlined in statute.

Wyoming Children and Families Initiative
Created in March 2004, the Children and Families Initiative addresses policy direction, strategic planning, and legislative initiatives for Wyoming's children and families. The Department of Family Services has been charged with developing a comprehensive plan to improve the lives and futures of all children and families in Wyoming.

Wyoming Corrections Association
This is a membership organization made up of adult and juvenile probation and parole staff as well as other professionals from all areas of corrections including prison facility staff, caseworkers, and law enforcement personnel.

Wyoming First Lady’s Initiative to Reduce Underage Drinking
The First Lady’s initiative was undertaken to focus on the problem of underage drinking in Wyoming, particularly among children in the 9—15 age group, and the moral, legal, and public health implications that go along with underage drinking. The first phases of the initiative focused on efforts to educate parents and other adults about the problem. The next phase (Phase III) will focus on youth leadership and advocacy. Alcohol was the primary focus of the annual Wyoming Youth for Justice Conference, held in February 2006.

Resources/Contacts
Department of Family Services
State Advisory Council on Juvenile Justice
Wyoming Children and Families Initiative
Wyoming First Lady’s Initiative to Reduce Underage Drinking
Wyoming Judiciary
Wyoming State Bar
Wyoming Survey and Analysis Center

Lesley Osen
Juvenile Justice Specialist
Department of Family Services
Hathaway Building
2300 Capitol Avenue, Third Floor
Cheyenne, WY 82002
Phone: (307) 777-5366
Fax: (307) 777-3659

The National Center for Juvenile Justice strives to make each State Profile as accurate as possible. Please bring any errors, updates, or additions to the attention of the State Profiles project manager. Persons listed as state contacts are not responsible for information contained in these profiles.

© 2000 (original copyright); © 2006 (most recent copyright) National Center for Juvenile Justice

Citation: National Center for Juvenile Justice. 2006. "Wyoming." State Juvenile Justice Profiles. Pittsburgh, PA: NCJJ. Online. Available: http://www.ncjj.org/stateprofiles/.