Bill Review: SF0022 Ground for termination of parental rights-guardianship.

Bill Review: SF0022 Ground for termination of parental rights-guardianship.

This bill, SF0022, violates parental rights and is thus unconstitutional.

Page 2 of the bill adds (x) to 14-2-309:

(a) The parent-child legal relationship may be
terminated if any one (1) or more of the following facts is
established by clear and convincing evidence:

(x) The child has been appointed a guardian who
is a relative of the child, the child has been under the
guardian’s care for more than twenty-four (24) months and
the parent is unfit to have the custody and control of the
child.

A parent might require a guardian for their child for 24 months or more due to:
– health issues by the parent
– incarceration of the parent (release after incarceration does not demonstrate unfitness)

While parental rights are not enumerated in the Wyoming State Constitution, they are considered natural rights and are acknowledged in:

Article 1, Section 36
The enumeration in this constitution, of certain rights shall not be construed to deny, impair, or disparage others retained by the people.

and

Article 1, Section 38
(a) Each competent adult shall have the right to make his or her own health care decisions. The parent, guardian or legal representative of any other natural person shall have the right to make health care decisions for that person.