History:
L. 1957, ch. 256, § 20; L. 1976, ch. 207, § 21; L. 1978, ch. 158, § 18; L. 1978, ch. 231, § 27; Repealed, L. 1982, ch. 182, § 150; January 1, 1983.
CASE ANNOTATIONS
1. Applied; termination of parental rights; hearsay evidence harmless. In re Johnson, 214 Kan. 780, 783, 522 P.2d 330.
2. Parent whose parental rights are severed entitled to court appointed counsel on appeal if parent indigent. In re Brehm, 3 Kan. App. 2d 325, 326, 594 P.2d 269.
3. Cited; in a dependency and neglect proceeding court may not tax general court costs against a person who was not a parent, guardian or custodian of the child when proceeding commenced. In re Boehm, 226 Kan. 247, 248, 249, 596 P.2d 1242.
4. Mentioned; parent in deprived child action is a party to the action and has right of access to the court's social file. Nunn v. Morrison, 227 Kan. 730, 734, 608 P.2d 1359.
5. Indigent parents must have counsel appointed to represent them at a deprived child hearing. In re Cooper, 5 Kan. App. 2d 584, 585, 621 P.2d 437.
6. Section safeguards parental rights protected by 14th amendment of U.S. Constitution. Wilson & Walker v. State, 230 Kan. 49, 51, 630 P.2d 1102 (1981).
7. Parents have right to counsel in some deprived child actions even when severance of rights not involved. In re Cooper, 230 Kan. 57, 59, 60, 64, 71, 75, 631 P.2d 632 (1981).
8. Child held to be a deprived child even though the child was never in parent's custody. In re Price, 7 Kan. App. 2d 477, 478, 644, P.2d 467 (1982).
9. Due diligence to attempt to locate parent before service by publication may be used to sever parental rights; if parent located publication service may not be used. In re Woodard, 231 Kan. 544, 548, 549, 646 P.2d 1105 (1982).
In the Interest of Cooper, 631 P.2d 632 (Kan. 1981). · cites it 4דK.S.A. 1980 Supp. 38-820 requires the appointment of counsel in deprived child cases if severance is sought.”
In the Interest of Woodard, 646 P.2d 1105 (Kan. 1982). · cites it 4דWoodard alleges Caroline testified falsely about her lack of knowledge of his whereabouts and that the court did not obtain jurisdiction as the publication notice did not constitute service of summons as required by K.S.A. 38-820. On November 18, 1980, a hearing was held before…”
In the Interest of Brehm, 594 P.2d 269 (Kan. Ct. App. 1979). · cites it 2דFollowing a hearing at which the mother was represented by counsel assigned pursuant to K.S.A. 1978 Supp. 38-820, the trial court made findings of fact and entered conclusions of law.”
Reist v. Bay Circuit Judge, 241 N.W.2d 55 (Mich. 1976). “28 (1969); Kan Stat Ann § 38-820 (1973); Minn Stat Ann § 260.”
In re Price, 644 P.2d 467 (Kan. Ct. App. 1982). “38-824 speaks of parental unfitness to have the custody of a deprived child and K.S.A. 38-820 speaks of an “order or decree permanently depriving a parent of his or her parental rights in a deprived child.”
In the Interest of Brooks, 618 P.2d 814 (Kan. 1980). ““(c) When the parents, or parent in case there is one parent only, are found and adjudged to be unfit to have the custody of such deprived child, K.S.A. 1978 Supp. 38-820, and other applicable provisions of this act having been fully complied with, the district court may make an…”
In the Interest of Rushing, 684 P.2d 445 (Kan. Ct. App. 1984). “Before us, the parties take it for granted that because of the K.S.A. 38-820 mandate that he be represented by counsel, Aaron was entitled to effective assistance of counsel.”
In the Interest of Kerns, 594 P.2d 187 (Kan. 1979). “38-824(c), in effect at the time, provides: “(c) When the parents, or parent in the case there is one parent only, are (or is) found and adjudged to be unfit persons (or an unfit person) to have the custody of such dependent and neglected child, K.S.A. 38-820 and other…”
State, in Interest of Howard, 382 So. 2d 194 (La. Ct. App. 1980). “Considering the fundamental and constitutional right of parents to the custody *200 and control of their children, the adversary nature of abuse/neglect custody proceedings which involve charges of conduct which may give rise to criminal prosecution, the grievous nature of the…”
In the Interest of Wheeler, 601 P.2d 15 (Kan. Ct. App. 1979). “38-824(c) reads: “(c) When the parents, or parent in case there is one parent only, are found and adjudged to be unfit to have the custody of such dependent and neglected child, K.S.A. 1976 Supp. 38-820, and other applicable provisions of this act having been fully complied…”
Wilson & Walker v. State, 630 P.2d 1102 (Kan. 1981). “That constitutional right is safeguarded by K.S.A. 1980 Supp. 38-820, which provides: “No order or decree permanently depriving a parent of his or her parental rights in a deprived child under subsection (c) of K.”
In the Interest of Baby Boy Bryant, 689 P.2d 1203 (Kan. Ct. App. 1984). “In support of this argument, the State also cites K.S.A. 38-820, which stated that the trial court had jurisdiction to enter a child custody determination if “such parent is represented by counsel and present in the district court or has been served with summons.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.