008-1 Wyo. Code R. § 1-7

Current through April 27, 2019
Section 1-7 - Definitions

The following definitions shall apply in the interpretation and enforcement of these rules. Where the context in which words are used in these rules indicates that such is the intent, words in the singular number shall include the plural and vice versa. Throughout these rules, gender pronouns are used interchangeably, except where the context dictates otherwise. The drafters have attempted to utilize each gender pronoun in equal numbers, in random distribution. Words in each gender shall include individuals of the other gender.

(a) "Best interests." Refers to a determination of the most appropriate course of action based on objective considerations of the child's specific needs and preferences. The determination of the best interests of the child should be based on objective criteria as set forth in the law that are related to the purposes of the proceedings. The criteria should address the child's specific needs and preferences, the goal of expeditious resolution of the case so the child can remain or return home or be placed in a safe, nurturing, and permanent environment, and the use of the least restrictive alternatives available. This determination must include the presumption that it is in the child's best interest to be with his or her parent(s), as outlined by the Wyoming Supreme Court per In re Guardianship of MEO, 2006 WY 87, 138 P.3d 1145 (Wyo. 2006).

(b) "Caseload." Refers to the number of juvenile clients an attorney guardian ad litem has been appointed to represent in an open juvenile case. Caseload will be counted by clients, not cases, so if a case has three children, it will be counted three times.

(c) "Compensation." Means money or other recompense given directly for the attorney guardian ad litem services provided and performed pursuant to the Program.

(d) "Contract." Refers to the contract between an individual attorney and the Office, whereby the individual attorney promises to provide guardian ad litem services to the Program, pursuant to these Rules, Office policy, pertinent court rules and statutes, and the contract itself, in exchange for a certain rate or amount of money to be paid by the Office through the Program.

(e) "Deputy Director." Refers to the Wyoming Guardians Ad Litem Program Administrator, an attorney employed by the Office of the State Public Defender to oversee the Program as a Deputy Director of the Office, the State Public Defender's agent for the GAL Program, in order to avoid conflicts between the two divisions of the Office of the State Public Defender. The Deputy Director is also charged with acting as the Chief Financial Officer of the GAL Program to avoid any conflict between the GAL Program and the Office.

(f) "Full-time." Refers to a one hundred percent (100%), full-time contract or employment. Means an employee or contractor is obligated to expend all of his work-time exclusively for the Office or the Program, and may not be employed with or contracted by another entity.

(g) "Funding." State funds appropriated and available to pay for guardian ad litem services. Funding does not include any other funds available to the Office that are not designated and appropriated for guardian ad litem services.

(h) "GAL." Refers to attorney guardian, or guardians ad litem, who is, or are, certified by the Program Deputy Director to furnish guardian ad litem services and who have contracted with or who are employed by the Office to provide such services.

(i) "GAL Panel." Refers to the list maintained by the Program Deputy Director and posted on the Program website of all attorneys certified and contracted with or employed by the Office to provide GAL services.

(j) "GAL Services." Refers to the legal representation the GAL provides to the child client and all that is required to effectively and zealously represent the client including, but not limited to, the use of experts; investigation of discovery and records; and use of interpreters to communicate with the client.

(k) "Office." The Office of the Wyoming State Public Defender, its agent, designee, or successor.

(l) "Part-time." Refers to less than a full-time contract or full-time employment. Any contract or employment whereby the contractor is not obligated to exclusively and entirely perform his services only for the Office or Program. Part-time does not necessarily mean "half-time." The contract between the contractor and the Office defines and determines its duration and quantity.

(m) "Permanency Attorney." A GAL attorney employed or contracted with the Program to represent clients in termination of parental rights (TPR) and appellate proceedings. This attorney shall work closely with the GAL on the underlying juvenile matter while representing the client in the TPR or appellate proceeding.

(n) "Program." The Wyoming Guardians Ad Litem Program codified pursuant to Wyoming Statutes § § 14-12-101 through 14-12-104.

(o) "Rules." Unless the context clearly requires otherwise, "Rules" means the Office of the Wyoming State Public Defender Guardians Ad Litem Program Rules and Regulations, of which this chapter is a part.

(p) "Shelter care hearing." Means a hearing regarding the temporary care of a child in physically nonrestrictive facilities pending court disposition or execution of a court order for placement or commitment.

(q) "Supervisor." Means an attorney who is a Guardian Ad Litem Program Supervisor.

(r) "TPR." Refers to a termination of parental rights proceeding.

008-1 Wyo. Code R. § 1-7