The Current State of Juvenile Justice and Rehabilitation in the Equality State

• Citation: Vol. 48 No. 5 Pg. 16
• Year: 2025
• Pages: 16

The Current State of Juvenile Justice and Rehabilitation in the Equality State Vol. 48 No. 5 Pg. 16 Wyoming Bar Journal October, 2025

FEATURES

By Abigail E. Fournier

Decreased Juvenile Detention Trends

Social and legal developments state and nationwide have resulted in decreased juvenile arrest rates. Nationally, juvenile arrests have been more or less decreasing over the last several decades.^[1]Arrests and juvenile incarceration have also experienced declines in Wyoming over the same time frame, but less steeply than the national trends.^[2] The latest state-by-state count of incarcerated juvenile offenders shows that Wyoming reduced its use of detention and out-of-home placement by an outstanding rate of nearly fifty percent from 2021 to 2023.^[3] It could be that Wyoming has turned a corner, particularly given that Wyoming's smaller population shows more dramatic changes in rates due to smaller numbers. But there is reason to be skeptical. The primary reason for this skepticism is that Wyoming does not have a comprehensive juvenile justice data system of its own.^[4] A bill aimed at collecting and sharing data and information on juveniles failed as recently as January 2025.^[5] Given the Legislature's unwillingness to pursue completion of a system it initially enabled in 2022, there's no way to verify Wyoming's numbers or the stories behind them.^[6] What has happened to shift Wyoming from the state that incarcerates the most juveniles,^[7] to a state that is no longer in the top ten?^[8] Time and data corrections may eventually tell a different story, but given the Equality State's steady progress improving juvenile court processes, training, and available services, it is entirely possible the state has reached a meaningful turning point or, perhaps, is positioned to reach one soon.

As many counties across the state have varying protocols for handling juvenile arrests, criticisms alleging unequal treatment in juvenile cases may be well-placed. For example, while Wyoming law provides some guidance, prosecutors have discretion to choose in which court (district, juvenile, circuit, municipal) an individual case is filed.

Juvenile Justice Law in Wyoming

Title 14 of the Wyoming statutes sets forth the juvenile Justice Act ("Act"), a set of laws which govern our state's juvenile court system.^[9] The Act embodies the policy goals of preventing future crimes and rehabilitating juveniles.^[10] In addition, the Act also addresses Children in Need of Supervision ("CHINS"), abuse and neglect cases, and multidisciplinary teams ("MDT").^[11] MDTs in juvenile delinquency cases are composed of various individuals including guardians, mental health providers, Department of Family Services ("DFS") caseworkers, district attorneys, parents' court-appointed attorneys, and guardians ad litem,^[12] where the focus is on continuing education, rehabilitation, access to services, and alternatives to detention.^[13]

In Wyoming, once a citation, report, or charge is written against a juvenile, the district or county attorney receives the citation documents, upon which he/she assesses whether the child can be handled outside of the judicial system.^[14] If so, the district or county attorney must then determine the best option for dismissing the citation and seeking judicial alternatives.^[15] Alternatives to judicial involvement vary from county to county but may include afterschool programs, residential treatment

centers, psychiatric residential treatment facilities, and other at-risk diversion programs.^[16] Wyoming's alternatives result in decreased detention, better access to mental health resources, counseling, crisis care, and community re-entry services for juveniles leaving out-of-home placements.^[17]

Critics have suggested through the years that while good in theory, the Act is not uniform, and many juveniles have unequal experiences within the judicial system.^[18] As many counties across the state have varying protocols for handling juvenile arrests,^[19] criticisms alleging unequal treatment in juvenile cases may be well-placed. For example, while Wyoming law provides some guidance, prosecutors have discretion to choose in which court (district, juvenile, circuit, municipal) an individual case is filed.^[20]How CHINS are treated may also vary from county to county.^[21] Children on the Wind River Indian Reservation may also have unique experiences as they are subject to federal and tribal law, as well as state law.^[22]

Developments in Wyoming's Juvenile Justice System

Over the past two decades, the Wyoming Supreme Court has made efforts to decrease Wyoming's rate of juvenile detention through the encouragement of legislative reforms, consistent refinement of court processes, training, and rulemaking. Taken together, these efforts underscore that Wyoming's sizeable decrease in juvenile detention is entirely natural and plausible.

• In 1999, the Supreme Court developed an advisory council comprised of members of the judiciary and Bar, community professionals, and DFS workers to oversee the Children's Justice Project.^[23]

• In 2005, legislative attention to juvenile matters expanded with the creation of the Wyoming Office of Guardian ad Litem via session law.^[24]The Supreme Court initially took responsibility for training GALs, maintaining a roster of potential GALs, and coordinating a reimbursement system for counties.^[25]

• In 2007, the Wyoming Supreme Court implemented uniform rules of procedure for juvenile courts.^[26]These rules were designed to provide consistent procedures statewide and to guarantee youth had access to a fair and impartial process.

• By 2009, legislation continued to refine juvenile procedure. House Bill 0235 required MDTs in child protection and delinquency cases to receive key information from DFS before their first meeting.^[27]The statute also obligated MDTs to establish realistic goals for family reunification or case closure.^[28]

• Also in 2009, Senate File 0129 designated the district attorney as the single-entry point for all minors accused of crimes.^[29] The law further allowed prosecutors to adopt objective criteria and screening tools to decide which court...