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Senate passes bill creating new statutory path for guardianship‑based termination of parental rights
Summary
The Wyoming Senate approved Senate File 22, which creates an additional ground for termination of parental rights when a child has lived continuously with a relative guardian for an extended period and the parent is absent. Supporters said the bill protects children in long‑term informal caregiving arrangements; opponents warned it places a clock
Cheyenne — The Wyoming Senate passed Senate File 22 on third reading after extended floor debate, approving a statutory path that can lead to termination of parental rights where children have lived with relatives for a prolonged period.
Senator Pearson, who opposed the bill on the floor, asked whether a parent who later stabilizes could regain custody after a child had lived with grandparents or relatives for the statutory period. "Does that mean that she or he can not get custody back?" Pearson asked. Opponents described the measure as raising serious questions about parental due process.
Senator Schueller, the bill sponsor, said the legislation addresses families in informal arrangements where children are effectively raised by grandparents, aunts or uncles for years while parents remain absent or unable to parent due to addiction or other issues. Schueller said existing statutes provide nine grounds for termination and that courts must find clear and convincing evidence before terminating parental rights. "The court has to find a statutory basis for termination by clear and convincing evidence," Schueller said.
Other senators warned the measure could set up adversarial dynamics between relatives and absent parents, and urged focus on reunification where possible. Senator Case said the right to raise a child is "one of the big ones" and expressed concern the bill might encourage courts or caregivers toward termination rather than services that enable reunification. Proponents said the bill offers legal stability for children living long‑term with relatives and can reduce the harm of prolonged limbo or repeated foster placements.
The Senate recorded a final vote of 19 in favor, 11 opposed, with one senator excused.
Why this matters: The measure affects family law and the legal status of children raised outside of their parents' home by relatives. Advocates for relatives said it provides a route to stable, permanent custody; opponents warned it risks cutting off parental rights without sufficient reunification effort.
What's next: With Senate passage, the bill was transmitted for consideration by the House or for the usual further steps in the legislative process.
