Wyoming’s Joint Judiciary Interim Committee introduced a bill on Friday regarding a judicial diversion program for juveniles.
The Children in Need of Supervision (CHINS) draft, referred to by some legislators as Families in Need of Services, is intended to update statutory provisions in regards Wyoming children in need of supervision. The bill addresses diversions from judicial proceedings for children, defining court authority in making a sibling a party to proceedings, and sets a timeline for implementation.
Under current statute, only a judge has authority to implement a pre-trial diversion program. The bill expands options for families and children by giving the district attorney decision-making power in regards to the seriousness of offenses and the desirability of a trial diversion.
Steve Corsi, director of the Department of Family Services, said during earlier proceedings “providing services to families who voluntarily seek services may be very helpful.” Corsi also said that most judges feel they have enough authority over families in CHINS proceedings.
This proposed change lessens the burden on families by allowing a bypass of the current petition required under the CHINS system. The proposed legislation would create a written agreement between the district attorney and the child and the parent, legal guardian or custodian of the child.
Alternatives to a trial motion include community service, classes, work program participation or limited services under a responsible adult for the dual purpose of rehabilitation and building discipline. The agreement cannot last more than a year.
The parents or guardians of the child may be required to reimburse the relevant state or local government departments, depending on ability to pay. Any payment rendered will be appropriated between the involved departments in accordance to the services rendered.
Additionally, the child, parents or legal guardians may be subject to an examination by a mental health practitioner or physician as necessary. Parents may also be compelled to enroll in parenting classes or other evaluation and treatment if conduct found detrimental to the welfare of the child is found.
The agreement requires the child, parents and guardians to comply. When the client fails to do so, the district attorney may rescind the agreement by filing a petition under Wyoming state statutes.
When asked what other options were available for affected families, Wyoming Representative Tom Walters (R-Casper) said that families still have the option to go to courts as well as contacting the Guardians Ad Litem, a legal advocacy group for children going through judicial proceedings.
The bill addresses the issue statewide, which differentiates Wyoming from some neighboring states, which treat the issue on a county level.
