In Re Lett & Jackson

640 P.2d 1294, 7 Kan. App. 2d 329, 1982 Kan. App. LEXIS 156
CourtCourt of Appeals of Kansas
DecidedFebruary 25, 1982
Docket52,805
StatusPublished
Cited by15 cases

This text of 640 P.2d 1294 (In Re Lett & Jackson) is published on Counsel Stack Legal Research, covering Court of Appeals 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 Lett & Jackson, 640 P.2d 1294, 7 Kan. App. 2d 329, 1982 Kan. App. LEXIS 156 (kanctapp 1982).

Opinions

Swinehart, J.:

This is an appeal by Ronald and Diane Lett from the judgment of the District Court of Labette County severing the parental rights of Ronald Lett to his daughter LaRonda Lett, and Diane Lett’s parental rights to her children LaRonda Lett and Terrance Jackson.

Terrance Jackson, born March 23,1976, is the illegitimate child of Diane Lett and Charles Lamb. LaRonda Lett, born August 13, 1978, is the child of Diane and Ronald Lett, who were married August 11, 1978.

On December 5, 1978, LaRonda was found to be a deprived child pursuant to K.S.A. 1980 Supp. 38-802(g)(3), on the basis of evidence to the effect that Ronald Lett had physically abused the child on November 3, 1978, when she was three months old. The evidence at that hearing indicated that the child had been severely beaten. Ronald admitted to beating LaRonda because of anger and self-pity, and stated that he was getting help for his mental problems. LaRonda was born with a physical birth defect which affected both feet and the hips, and prevents her from being very mobile. Upon finding that LaRonda was deprived, the trial court ordered that she remain in the care, custody and control of the Kansas Department of Social and Rehabilitation Services, and that should the child be placed with Diane Lett, the natural mother, the trial court was to be notified immediately if Ronald Lett resumed living with Diane. The court further ordered both parents to participate in any counseling or parenting education classes that the SRS deemed, beneficial.

LaRonda was subsequently placed back in Diane Lett’s home by the SRS under its supervision. The SRS urged Diane to obtain [330]*330independent living quarters, enroll Terrance in Head Start, complete the STEP parenting program, prepare a budget she could live within, and improve her housekeeping skills. During the following two years, Diane completed the STEP program after considerable difficulty and reluctance, and she obtained independent living quarters. She failed, however, at adhering to a budget, enrolling Terrance in Head Start, and improving her housekeeping.

Shortly after the December 5, 1978, determination that LaRonda was a deprived child, Ronald assaulted a man and was thereafter voluntarily admitted into the Osawatomie State Hospital where he received treatment for his inability to control his temper. Ronald was released from Osawatomie in April of 1979, and returned to Parsons where the SRS asked Ronald to seek marriage counseling or more, if needed. Ronald then started treatment with Dr. Jack Martin, a psychologist. He continued treatment with Dr. Martin through May of 1979, a period of two months, then dropped out of contact. He next visited Dr. Martin twice in October of 1979 after two violent episodes with Diane. The evidence reveals that in the first episode, Ronald hid in Diane’s home and confronted her when she returned home from a Jehovah Witnesses’ meeting. On the second occasion, Ronald took a stick and broke out a window, entered Diane’s home and cornered her and Terrance. Ronald knocked Terrance out of Diane’s arms and chased Diane outside. Ronald then proceeded to kick her in the stomach. Criminal charges were filed and Ronald spent three months in jail as a result of this incident. He subsequently resumed treatment with Dr. Martin in March of 1980, but discontinued the visits soon thereafter, in May of 1980.

On October 14,1980, a petition was filed by the Labette County Attorney alleging Terrance Jackson to be a deprived child and praying for the severance of parental rights of Diane Lett and Charles Lamb. On November 3, 1980, an amended petition was filed on the same grounds, adding LaRonda Lett and her father Ronald Lett.

Hearings were held on the amended petition on November 17, November 25, and December 3, 1980. On December 4, 1980, the trial court found all three parents unfit and severed their parental rights. The children were committed to the custody of the SRS which then placed them in a foster home where they have [331]*331remained since. Diane and Ronald Lett appeal the trial court’s decision.

The Letts’ first contention of error is that the trial court’s findings and conclusions are inadequate to permit meaningful review. After tracing the procedural history of this action in its journal entry, the trial court concluded:

“Now on this 4th day of December, 1980, the above entitled matter comes on for final ruling on the issue of severance of parental rights.

“The court finds and adjudges the putative father of Terrance Jackson, Charles Lamb, the natural father of Laronda [sic] Lett, Ronald Lett and the natural mother, Diane Lett, unfit persons to have the custody of the said deprived children, and are hereby adjudged as such.”

The Letts contend that the trial court’s findings and conclusions are inadequate for two reasons. First, the trial court never specifically found the children to be deprived; it just refers to them as “said deprived children.” And second, the Letts contend that the findings are too sparse and incomplete.

Supreme Court Rule No. 165, 228 Kan. Ixxxi, provides in part:

“In all contested matters submitted to a judge without a jury including motions for summary judgment, the judge shall state the controlling facts required by K.S.A. 60-252, and the legal principles controlling the decision.” (Emphasis supplied.)

It is readily apparent from the journal entry that the trial court in the present case did not explicitly comply with the above rule. The trial court failed to set out the facts which would support a finding of “deprived” and failed to state the additional acts of parental neglect which were the bases of the finding of unfitness which resulted in the parental severance. Appellants, however, did not raise this issue at the trial court level. In Burch v. Dodge, 4 Kan. App. 2d 503, Syl. ¶ 2, 608 P.2d 1032 (1980), this court held:

“A litigant must object to inadequate findings of fact and conclusions of law at the trial level so as to give the trial court an opportunity to correct them, or an appellate court may presume the trial court found all the facts necessary to support the judgment.”

The court went on, however, to hold at Syl. ¶ 3:

“The requirements of K.S.A. 60-252 and Supreme Court Rule No. 165 (225 Kan. lxxii) are in part for benefit of the appellate courts in facilitating appellate review; and when the record on review will not support a presumption that the trial court found all the facts necessary to support the judgment, the case will be remanded for additional findings and conclusions even though none of the parties objected either in the trial court or in this court.” [332]*332See also Celco, Inc. of America v. Davis Van Lines, Inc., 226 Kan. 366, Syl. ¶ 2, 598 P.2d 188 (1979):

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In Re Lett & Jackson
640 P.2d 1294 (Court of Appeals of Kansas, 1982)

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Bluebook (online)
640 P.2d 1294, 7 Kan. App. 2d 329, 1982 Kan. App. LEXIS 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lett-jackson-kanctapp-1982.