In Re Interest of T.S.

419 P.3d 1159
CourtSupreme Court of Kansas
DecidedJune 22, 2018
Docket114895
StatusPublished
Cited by17 cases

This text of 419 P.3d 1159 (In Re Interest of T.S.) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Interest of T.S., 419 P.3d 1159 (kan 2018).

Opinions

The opinion of the court was delivered by Stegall, J.:

In this expedited appeal from a child in need of care (CINC) proceeding under the Kansas Code for Care of Children (Revised Code), K.S.A. 2016 Supp. 38-2201 et seq., we consider whether a Kansas appellate court has jurisdiction to review a denial of a motion to terminate parental rights under K.S.A. 2016 Supp. 38-2273(a). In this case, a grandfather moved to terminate the parental rights of his grandson's parents. The district court appointed the grandfather as the child's permanent custodian but declined to terminate the father's parental rights. The Court of Appeals then dismissed the grandfather's appeal for lack of jurisdiction. Because the plain language of K.S.A. 2016 Supp. 38-2273(a) does not provide the right to appeal the district court's order denying the grandfather's motion, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Whether we have jurisdiction is a question of law that, in this case, hinges on statutory interpretation. Kansas Medical Mut. Ins. Co. v. Svaty , 291 Kan. 597, 609, 244 P.3d 642 (2010). Given the narrow question of law presented, we recite only those facts necessary for a basic understanding of the case.

T.S. was born while his mother (Mother) was incarcerated in 2008. Mother was released from prison a few weeks after his birth. At first, the two lived briefly with Mother's family in Oklahoma. Then they lived with T.S.'s father (Father) in Wichita for a short time. Finally, Mother and T.S. moved in with T.S.'s maternal grandfather (Grandfather) and his wife (collectively, Grandparents) in Wichita. Except for a few months, T.S. has lived with Grandparents his entire life.

Mother and T.S. lived with Grandparents until April 2013 when Mother allegedly participated in a robbery of Grandparents' home. Grandfather promptly filed a CINC action and requested temporary custody of T.S., citing concerns with Mother's and Father's criminal conduct. The Sedgwick County District Court subsequently granted Grandfather temporary custody of T.S. It also ordered Mother and Father to submit to drug testing and limited them to supervised visitation with T.S. Both parents signed achievement plans with the goal to reintegrate with T.S.

The district court held an adjudication hearing. Mother stipulated to the allegations in the CINC petition and waived her right to a hearing. After hearing evidence from the remaining parties, the court found T.S. was a child in need of care. The court voiced concerns about Father's criminal history, drug use, and mistreatment of women but noted Father had made some positive progress. In the end, the court ordered that T.S. remain in Grandfather's custody and expanded Father's visitation rights.

Shortly after that, Grandfather moved for findings of unfitness and termination of Mother's and Father's parental rights or, in the alternative, for an order appointing Grandfather as T.S.'s permanent custodian. Grandfather alleged, among other things, that Father was violent toward Mother, abused drugs and alcohol, taught T.S. to fight, and failed to establish a healthy lifestyle for T.S.

*1161A few months later, the district court held a disposition hearing and ordered that T.S. remain in Grandfather's custody. At that time, the court found it was in T.S.'s best interests to postpone the hearing on the motion to terminate parental rights. In the meantime, the court held permanency hearings but kept T.S. in Grandfather's custody.

The court held a hearing on Grandfather's motion in February and March 2015. Mother had consented to the appointment of a permanent custodian for T.S. beforehand. After hearing extensive evidence, the court ruled that Grandfather proved by clear and convincing evidence that Father is unfit. As a result, the court appointed Grandfather as T.S.'s permanent custodian. Yet the court declined to terminate Father's parental rights, finding it "would not be in the child's best interests."

Father appealed the finding of unfitness, and Grandfather cross-appealed the decision not to terminate Father's parental rights. The Court of Appeals affirmed the district court's finding of Father's unfitness and appointment of Grandfather as permanent custodian. In re T.S. , No. 114,895, 2017 WL 2896086, at *7-8 (Kan. App. 2017) (unpublished opinion). These rulings are not before us because Father did not petition for review. See Snider v. American Family Mut. Ins. Co. , 297 Kan. 157, 172, 298 P.3d 1120 (2013) ("A party aggrieved by a decision of the Court of Appeals on a particular issue must seek review in order to preserve the matter for Kansas Supreme Court review.").

In ruling on Grandfather's cross-appeal, the panel first examined whether it had jurisdiction to review a denial of a motion to terminate parental rights under K.S.A. 2016 Supp. 38-2273(a). The panel ordered the parties to show cause why Grandfather's cross-appeal should not be dismissed for lack of jurisdiction under In re A.S. , 52 Kan. App. 2d 173, 364 P.3d 1203 (2015), which held the same statute "does not provide the right to appeal the denial of a motion to terminate parental rights." 52 Kan. App. 2d 173, Syl. ¶ 3, 364 P.3d 1203. Grandfather claimed In re A.S. was wrongly decided, and the panel retained the appeal through oral argument. In re T.S. , 2017 WL 2896086, at *8.

Ultimately, the panel dismissed Grandfather's cross-appeal for lack of jurisdiction under the plain language of K.S.A. 2016 Supp. 38-2273(a). 2017 WL 2896086, at *10. It reasoned:

" K.S.A.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re K.G.
Court of Appeals of Kansas, 2025
In re Marriage of C.M.J. and B.J.J.
Court of Appeals of Kansas, 2025
In re D.R.
Court of Appeals of Kansas, 2024
In re Guardianship & Conservatorship of B.L.W.
Court of Appeals of Kansas, 2024
Guebert v. Upgrade, Inc.
Court of Appeals of Kansas, 2024
In re Marriage of S.W. and M.W.
Court of Appeals of Kansas, 2024
Zou v. Washburn South Apartments
Court of Appeals of Kansas, 2024
In re Marriage of Meek
Court of Appeals of Kansas, 2024
In re C.S.
Court of Appeals of Kansas, 2024
Clark v. City of Williamsburg, Kansas
Court of Appeals of Kansas, 2024
Johnson County Community College v. Prater
Court of Appeals of Kansas, 2023
In re A.P.
Court of Appeals of Kansas, 2022
Hodes & Nauser v. Norman
Court of Appeals of Kansas, 2021
In re M.H.
Court of Appeals of Kansas, 2020
Riney v. McGuire
Court of Appeals of Kansas, 2020
In re D.M.
Court of Appeals of Kansas, 2020
Lanier Trucking v. Long
Court of Appeals of Kansas, 2020
In re A.N.
Court of Appeals of Kansas, 2019
In re L.L.
Court of Appeals of Kansas, 2018
State v. Fitzgerald
423 P.3d 497 (Supreme Court of Kansas, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
419 P.3d 1159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-interest-of-ts-kan-2018.