History:
L. 1982, ch. 182, § 30; Repealed, L. 2006, ch. 200, § 120; January 1, 2007.
CASE ANNOTATIONS
1. Cited in holding incapacitated parent entitled to service on guardian and conservator (K.S.A. 60-304(c)) in severance proceedings. In re Baby Boy Bryant, 9 Kan. App. 2d 768, 770, 774, 689 P.2d 1203 (1984).
2. Due process requires service on nearest blood relative where parent cannot be located with due diligence. In re L.S., 14 Kan. App. 2d 261, 264, 788 P.2d 875 (1990).
3. Child in need of care proceedings discussed generally, with emphasis on roles of respective parties thereto. In re D.D.P., Jr., 249 Kan. 529, 532, 819 P.2d 1212 (1991).
4. Parents denied due process by notice defects surrounding motion to terminate rights. In re H.C., 23 Kan. App. 2d 955, 939 P.2d 937 (1997).
5. Under facts, short notice prior to hearing on service by publication did not prejudice mother. In re J.H., 25 Kan. App. 2d 372, 382, 962 P.2d 1127 (1998).
In the Interest of J.A.H., 172 P.3d 1 (Kan. 2007). “It shall not be necessary to appoint an attorney to represent a parent who fails or refuses to attend the hearing after having been properly served with process in accordance with K.S.A. 38-1534 and amendments thereto. A parent or custodian who is not a minor, a mentally ill…”
In the Interest of H.C., 939 P.2d 937 (Kan. Ct. App. 1997). · cites it 8ד’s parental rights due to the State’s failure to serve the second motion for termination in accordance with K.S.A. 38-1534. The State’s original motion to terminate parental rights was filed on August 19, 1994.”
In re J.A., 42 P.3d 215 (Kan. Ct. App. 2002). · cites it 3ד60-303(e) does not apply to them because K.S.A.”
In the Interest of Baby Boy Bryant, 689 P.2d 1203 (Kan. Ct. App. 1984). “38-810a (now K.S.A. 1983 Supp. 38-1534) provides for the method of service of summons, notices and other juvenile code process (now Kansas Code for Care of Children).”
In the Interest of S.R., 116 P.3d 43 (Kan. Ct. App. 2005). “’s address in Nevada, the State should have attempted to serve him by one of the methods outlined in K.S.A. 38-1534 instead of relying on the notice that was published in a Kansas newspaper to effect service of process.”
In the Interest of L.S., 788 P.2d 875 (Kan. Ct. App. 1990). “K.S.A. 38-1534(f) mandates that service by publication in proceedings such as these be authorized only after the filing of an affidavit alleging the affiant has made a reasonable effort to ascertain the residence of the parties named.”
In re B.K.J., 9 P.3d 586 (Kan. Ct. App. 2000). · cites it 4ד38-1533 and K.S.A. 38-1534. M.J. did not appear at the February 10, 1999, hearing on the motion to terminate parental rights.”
In Re Hc, 939 P.2d 937 (Kan. Ct. App. 1997). · cites it 8ד's parental rights due to the State's failure to serve the second motion for termination in accordance with K.S.A. 38-1534. The State's original motion to terminate parental rights was filed on August 19, 1994.”
In the Interest of S.R.H., 809 P.2d 1 (Kan. Ct. App. 1991). “It shall not be necessary to appoint an attorney to represent a parent who fails or refuses to attend the hearing after having been properly served with summons in accordance with K.S.A. 38-1534 and amendments thereto. A parent or custodian who is not a minor, a mentally ill…”
In Re Ja, 42 P.3d 215 (Kan. Ct. App. 2002). · cites it 3ד2001 Supp. 60-303(e) does not apply to them because K.”
In Re Bkj, 9 P.3d 586 (Kan. Ct. App. 2000). · cites it 4ד38-1533 and K.S.A. 38-1534. M.J. did not appear at the February 10, 1999, hearing on the motion to terminate parental rights.”
In re A.P. (Kan. Ct. App. 2022). · cites it 2דSee K.S.A. 38-1534(c). We noted in that case that restricted mail required an endorsement stating, "'deliver to addressee only.”
In re J.A., 42 P.3d 215 (Kan. Ct. App. 2002). “60-303(e) does not apply to them because K.S.A.”
In the Interest of H.C., 939 P.2d 937 (Kan. Ct. App. 1997). “’s parental rights due to the State’s failure to serve the second motion for termination in accordance with K.S.A. 38-1534. The State’s original motion to terminate parental rights was filed on August 19, 1994.”
In Re Ja, 42 P.3d 215 (Kan. Ct. App. 2002). “2001 Supp. 60-303(e) does not apply to them because K.”
In Re Hc, 939 P.2d 937 (Kan. Ct. App. 1997). “'s parental rights due to the State's failure to serve the second motion for termination in accordance with K.S.A. 38-1534. The State's original motion to terminate parental rights was filed on August 19, 1994.”
— K.S.A. § 38-1534(c) — 3 cases
In re B.K.J., 9 P.3d 586 (Kan. Ct. App. 2000). “38-1533 and K.S.A. 38-1534. M.J. did not appear at the February 10, 1999, hearing on the motion to terminate parental rights.”
In re A.P. (Kan. Ct. App. 2022). “See K.S.A. 38-1534(c). We noted in that case that restricted mail required an endorsement stating, "'deliver to addressee only.”
In Re Bkj, 9 P.3d 586 (Kan. Ct. App. 2000). “38-1533 and K.S.A. 38-1534. M.J. did not appear at the February 10, 1999, hearing on the motion to terminate parental rights.”
— K.S.A. § 38-1534(f) — 4 cases
In the Interest of H.C., 939 P.2d 937 (Kan. Ct. App. 1997). “’s parental rights due to the State’s failure to serve the second motion for termination in accordance with K.S.A. 38-1534. The State’s original motion to terminate parental rights was filed on August 19, 1994.”
In the Interest of L.S., 788 P.2d 875 (Kan. Ct. App. 1990). “K.S.A. 38-1534(f) mandates that service by publication in proceedings such as these be authorized only after the filing of an affidavit alleging the affiant has made a reasonable effort to ascertain the residence of the parties named.”
In Re Hc, 939 P.2d 937 (Kan. Ct. App. 1997). “'s parental rights due to the State's failure to serve the second motion for termination in accordance with K.S.A. 38-1534. The State's original motion to terminate parental rights was filed on August 19, 1994.”
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