CLB v. State, Dep’t of Family Servs.Annotate this Case
After Mother’s youngest two children were placed in the legal custody of Wyoming’s Department of Family Services (Department), Mother was convicted of assault and battery and incarcerated. The Department subsequently filed a petition for termination of parental rights against Mother. Mother failed to timely answer, plead, or otherwise defend, and the clerk of court entered default against Mother. Mother filed a motion to set aside the default. The district court denied the motion, concluding that Mother failed to establish good cause to set aside the default. After a default hearing on termination of Mother’s parental rights, the district court found that clear and convincing evidence established that Mother’s parental rights to the children should be terminated. The Supreme Court affirmed, holding (1) the Court had appellate jurisdiction to consider the substantive issues raised by Mother; (2) the district court did not err as a matter of law in denying Mother’s motion to set aside the entry of default; and (3) the Department presented sufficient evidence to support termination of Mother’s parental rights to the two children.