In re Termination of Parental Rights To ARLeB

         Appeal from the District Court of Sheridan County The Honorable John G. Fenn, Judge

          Representing Appellant: Kenneth DeCock, Attorney at Law, Sheridan, Wyoming

          Representing Appellee: Peter K. Michael, Wyoming Attorney General; Misha Westby, Deputy Attorney General; Jill E. Kucera, Senior Assistant Attorney General. Argument by Ms. Kucera.

          Guardians ad Litem: Office of the State Public Defender: Dan S. Wilde, Deputy State Public Defender; Aaron S. Hockman, Chief Trial and Appellate Counsel, Wyoming Guardian ad Litem Program. Argument by Mr. Hockman.

          Before BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.

          DAVIS, Justice.

         [¶1] Mother appeals the termination of her parental rights with respect to two of her sons, ARLeB and RCW, Jr.^[1] We affirm.

         ISSUES

         [¶2] Mother raises two issues:

1. Was there sufficient evidence to support termination of Mother's parental rights?

2. Did the district court err in closing the termination proceedings?

         FACTS

         [¶3] Mother's lengthy history of involvement with the Department of Family Services (DFS) began in 2000, before the children involved in this case were born. In early February of 2010, law enforcement found drugs and paraphernalia in her home, which she shared with her boyfriend and another adult male. The children involved in this case were present when the drugs were found. When informed of this development, DFS had the county attorney file a neglect petition.

         [¶4] At the time, Mother was already receiving individual counseling, substance abuse treatment, and parenting education. DFS prepared a case plan with a goal of family preservation. In April 2010, Mother signed a consent decree which included many of the requirements contained in the case plan.

         [¶5] Six months later, while Mother was still subject to the terms of the consent decree, DFS received reports from law enforcement that she had assaulted her oldest child ZB after catching him in an inappropriate sex act, that ZB had bruised ARLeB's ears, and that officers had taken the children into protective custody. During its subsequent investigation, DFS found the family's home to be very cluttered and dirty, with an odor of urine. Mother could not locate prescription medication for ARLeB, and she had not been providing it to the child. DFS also discovered that Mother had allowed ZB to possess pornographic material, and to continue to supervise the two younger children, even though ZB was known to have physically assaulted ARLeB.

         [¶6] After a shelter care hearing, the juvenile court placed ARLeB and RCW, Jr. with their father and vacated the consent decree. It later determined that Mother had neglected her children following her admission that she had failed to adequately supervise them, and that she had exposed them to illegal substances and pornographic materials. Although ARLeB remained with his father, RCW, Jr. was returned to Mother's custody. Nevertheless, in February of 2011, with RCW, Jr. in the home, she held a tattoo party where alcohol and synthetic marijuana were present.

         [¶7] Shortly thereafter, she had a number of encounters with law enforcement. In March of 2011, Mother was a subject in an ongoing drug investigation that ultimately resulted in her pleading guilty to charges of delivering a controlled substance. Three months later, she received a suspended sentence, but within a month, she was charged with driving while ...