In the Interest of J.D.D.

908 P.2d 633, 21 Kan. App. 2d 871, 1995 Kan. App. LEXIS 172
CourtCourt of Appeals of Kansas
DecidedDecember 22, 1995
DocketNo. 73,464
StatusPublished
Cited by17 cases

This text of 908 P.2d 633 (In the Interest of J.D.D.) 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 the Interest of J.D.D., 908 P.2d 633, 21 Kan. App. 2d 871, 1995 Kan. App. LEXIS 172 (kanctapp 1995).

Opinion

Royse, J.:

The parents of J.D.D., K.W.J., and K.J.J. appeal from the district court’s ruling which terminated their parental rights to the children.

P.J.J. is the mother of all three children. D.D. is the father of J.D.D., and L.J. is the father of K.W.J. and K.J.J. P.J.J. argues on appeal (1) the district court erred in permitting an interested party to participate in a hearing on a motion to terminate parental rights and (2) the Department of Social and Rehabilitation Services (SRS) did not use reasonable efforts to avoid removing two of the children from the home in June 1993. All three parents argue that there was insufficient evidence to support the termination of their parental rights.

P.J.J. argues on appeal that the district court erred in permitting the paternal grandparents of K.W.J. and K.J.J. to participate in the hearing on the motion to terminate parental rights. P.J.J. contends that custody issues, not the question of termination of parental rights, are the only matters of concern to interested parties.

K.S.A. 38-1541 provides in pertinent part:

[872]*872“Upon motion of any person with whom the child has been residing or who is within the fourth degree of relationship to the child and who desires to have standing to participate in the proceedings regarding the child, the court may order that the person may participate in the proceedings.”

Whether this statute authorizes an interested parly to participate in the termination hearing requires interpretation of a statute, which is a question of law. State v. Donlay, 253 Kan. 132, Syl. ¶ 1, 853 P.2d 680 (1993).

When a statute is plain and unambiguous, the court must give effect to the intent of the legislature rather than determine what the law should or should not be. Martindale v. Tenny, 250 Kan. 621, Syl. ¶ 2, 829 P.2d 561 (1992). When construing a statute’s language, the court should give words of common usage their natural and ordinary meaning. Bank IV Wichita v. Plein, 250 Kan. 701, 705-06, 830 P.2d 29 (1992). Legislative intent must be determined from a general consideration of the entire act and not from an isolated part thereof. Todd v. Kelly, 251 Kan. 512, 516, 837 P.2d 381 (1992).

K.S.A. 38-1541 provides that the court may enter an order authorizing an interested party to participate in “the proceedings.” The provision contains no qualifying language to limit such participation to certain types of proceedings. Had the legislature wished to limit participation by interested parties to custody proceedings, it could have done so. It is not the function of the court to rewrite the statute. See Dougan, Administratrix v. McGrew, 187 Kan. 410, 415, 357 P.2d 319 (1960). Under K.S.A. 38-1541, the district court may allow an interested party to participate in termination proceedings.

K.S.A. 38-1541, moreover, sets forth a procedure to be used in cases under Chapter 38, Article 15, the Code for Care of Children. Termination of parental rights is one of the subjects treated in that Code. Thus, the Code contemplates that a court may allow an interested party to participate in a termination proceeding.

Even more to the point is K.S.A. 38-1582. This statute, which sets forth procedures to be used upon a request for termination of parental rights, contains an explicit reference to interested parties: “Prior to the commencement of the hearing the court shall deter[873]*873mine that due diligence has been used in determining the identity of the interested parties and in accomplishing service of process.” 38-1582(b).

In summary, P.J.J.’s contention that interested parties may only participate in custody proceedings is without merit. The district court did not err in permitting interested parties to participate in a hearing on termination of parental rights.

P.J.J.’s second argument on appeal is that SRS did not use reasonable efforts to avoid removal of K.W.J. and K.J.J. from the home in June 1993. This argument relates to an order of protective custody signed by the court on June 2, 1993. P.J.J.’s notice of appeal, however, refers only to the district court’s order of November 29, 1994, terminating her parental rights. Appellate court jurisdiction is limited to those rulings specified in the notice of appeal. Anderson v. Scheffler, 242 Kan. 857, 861, 752 P.2d 667 (1988); see K.S.A. 60-2103(b). Thus, because the order of protective custody was not mentioned in the notice of appeal, this issue is not properly before us.

P.J.J. also surmises that, because the district court had entered the protective orders, SRS was dissuaded from making reasonable efforts to reintegrate the family as required by K.S.A. 38-1563(h). She argues that it was improper to terminate her parental rights without attempting to reintegrate the family. This argument is without merit.

First, P.J.’s argument ignores the fact that 38-1563(h) provides alternate grounds for removing a child from a parent’s custody: the existence of an emergency or reasonable efforts have been made to prevent or eliminate the need for removal of the child. P.J.J.’s argument overlooks the district court’s finding that an emergency existed. Second, this record is replete with efforts to keep the children in the home, efforts which all proved to be unsuccessful. This action was filed in 1990. The children were initially placed in protective custody and then ordered to remain in the temporary custody of SRS. In November 1991, the district court gave pennission to SRS to place the children back in the home of P.J.J. and L.J. The children were again removed from the home in Februaiy 1992 and returned to the home in August 1992. In February 1993, SRS [874]*874was relieved of custody. In June 1993, the district court again placed the children in the custody of SRS, with authority to place the children in the homes of other relatives. P.J.J.’s contention that SRS did not use reasonable efforts to avoid removing the children from the home is without merit.

Finally, each parent argues the trial court’s order terminating their parental rights is not supported by substantial competent evidence. Substantial evidence is such legal and relevant evidence as a reasonable person might accept as being sufficient to support a conclusion. Lansing-Delaware Water District v. Oak Lane Park, Inc., 248 Kan.

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Bluebook (online)
908 P.2d 633, 21 Kan. App. 2d 871, 1995 Kan. App. LEXIS 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-jdd-kanctapp-1995.