In the Interest of S.R.C.-Q.

367 P.3d 1276, 52 Kan. App. 2d 454, 2016 Kan. App. LEXIS 12
CourtCourt of Appeals of Kansas
DecidedFebruary 19, 2016
DocketNo. 113,483
StatusPublished
Cited by11 cases

This text of 367 P.3d 1276 (In the Interest of S.R.C.-Q.) 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 S.R.C.-Q., 367 P.3d 1276, 52 Kan. App. 2d 454, 2016 Kan. App. LEXIS 12 (kanctapp 2016).

Opinion

Powell, J.;

This appeal stems from two orders of the Mitchell County District Court involving S.R.C.-Q., a child whose mother resides in Wisconsin and whose father resides in Kansas. After nearly 9 months of child-in-need-of-care (CINC) proceedings that failed to produce the needed report from the State of Wisconsin advising as to the suitability of placement of the child with Mother in the home of the maternal grandmother in Wisconsin, the district magistrate judge issued two orders: First, the court determined that the Interstate Compact on Placement of Children (ICPC) does not apply when a child is placed out-of-state with a parent; and second, the court terminated the Kansas Department for Children and Families’ (DCF) custody of S.R.C.-Q. and placed the child in Mother’s custody in Wisconsin, with visitation with Father in Kansas every 2 weeks for 2-week periods. Father and the guardian ad litem argue on appeal the district court incorrectly determined the ICPC did not apply and that it was an abuse of discretion to give Mother custody of S.R.C.-Q. Additionally, the guardian ad litem contends the visitation schedule order was an abuse of discretion. Because we agree with the district court that foe ICPC does not apply to foe placement of a child with a parent and because we [456]*456find that the district court did not abuse its discretion in awarding custody to Mother and terminating the CINC case, we affirm.

Factual and Procedural History

In March 2012, Mother gave birth to S.R.C.-Q. in Wisconsin, where Mother and the child lived with tire maternal grandmother. Roughly 2 years later, in March 2014, a paternity test—presumably done as a result of a pending paternity case—confirmed Father’s parentage of S.R.C.-Q. Between March and May 2014, Mother and S.R.C.-Q. visited Kansas multiple times to spend time with Father. In May 2014, Mother relocated to Kansas with S.R.C.-Q. to reside with Father.

On May 21, 2014, Father filed a petition for protection from abuse, alleging that Mother hit him in the head with a knife, threatened to harm herself, and was otherwise dangerous to herself and to the child. The district court entered a temporary order of protection and placed S.R.C.-Q. in the temporary/emergency custody of Father. The next day, the State of Kansas filed criminal charges against Mother, resulting in her arrest and incarceration. On June 11, 2014, the court entered a final order of protection from abuse protecting Father from Mother and ordered temporary custody of S.R.C.-Q. to continue with Father pending a final plan approved by the court in a pending paternity case.

However, on July 10, 2014, a CINC case was initiated in the Mitchell County District Court, and temporary emergency orders were entered on July 14, 2014, placing S.R.C.-Q. in State custody. Mother subsequently entered a plea in her criminal case and was sentenced to unsupervised probation. Mother then moved back to Wisconsin to reside with S.R.C-Q. s maternal grandmother.

On August 21, 2014, Mother challenged the district courts jurisdiction over S.R.C.-Q. pursuant to tire Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), K.S.A. 23-37,101 et seq. In accordance with tire UCCJEA, the district court sent a letter and relevant information to the Circuit Court in Winnebago, Wisconsin. On September 22, 2014, the Wisconsin court and the Kansas court held a hearing, and both courts agreed that although [457]*457Wisconsin was S.R.C.-Q.’s home state, Wisconsin was an inconvenient forum for the proceedings. Thus, Wisconsin released jurisdiction to Kansas to determine all matters. The district court then ordered an expedited placement decision from Wisconsin under the provisions of the ICPC.

Upon Mothers stipulation to Kansas’ jurisdiction and Father’s entry of a no-contest statement agreeing to Kansas’ jurisdiction, the district court adjudicated S.R.C.-Q. a CINC on October 8, 2014; State custody was continued; and the district court approved placement of S.R.C.-Q. with the paternal grandparents in Kansas. A disposition hearing was held November 21, 2014, and the prior orders were continued regarding custody and placement. Mother and Father each entered into service plans to address mental health, domestic violence, housing, employment, and parenting skills. Mother complied with the requirements of her service plan except for missing two weekly parenting classes. Father did not complete the batterer’s intervention program as ordered.

In January 2015, in light of Wisconsin’s failure to respond to the district court’s request for a placement decision pursuant to the ICPC, Mother asked the district court to determine whether the ICPC applied to the placement of S.R.C.-Q. in Wisconsin. In a decision filed on March 6, 2015, the district court determined the ICPC did not apply when a court sends a child to reside with a parent in another state. On March 13, 2015, the district court received Wisconsin’s assessment of Mother’s home pursuant to the requirements of the ICPC, and Wisconsin denied placement of S.R.C.-Q. with Mother, citing concerns about Mother’s cohabitat-ing boyfriend.

On March 26, 2015, the district court ordered the following:

“1. DCF custody is released. The child is placed in the mothers custody.
“2. Father shall have visitation with the child every two (2) weeks for a two (2) week period.
“3. The parents shall meet halfway between Neenah, Wisconsin and Beloit, Kansas for exchanges of the child.
“4. Both parents shall continue ongoing treatment with their current treatment providers.
“5. This case is dismissed.”

Father and S.R.C.-Q.’s guardian ad litem timely appeal.

[458]*458Does the ICPC Apply in Kansas When a Child is Placed with an Out-of-State Parent?

The guardian ad litem and Father (collectively, the appellants) ask us to determine whether the ICPC applies when a court places a child with an out-of-state parent. The essence of their argument is that under the ICPC an adverse home study of Mother s home in Wisconsin pursuant to the ICPC by the State of Wisconsin barred the district court from awarding custody of the child to Mother.

A. Standard of Review

Application of the ICPC in this context has not yet been addressed by a Kansas appellate court, making it an issue of first impression. As resolving the issue involves the statutory interpretation of the ICPC, it is a question of law over which our review is unlimited. Cady v. Schroll, 298 Kan. 731, 734, 317 P.3d 90 (2014).

We use the rules of statutory construction to aid us in our task.

“The most fundamental rule of statutory construction is that the intent of the legislature governs if that intent can be ascertained. [We] must first attempt to ascertain legislative intent [through the statutory language enacted,] giving common words their ordinary meanings. When a statute is plain and unambiguous, [we do] not speculate as to the legislative intent behind [that clear language] and will not read into the statute something not readily found in it.” 298 Kan. at 738.

B.

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Cite This Page — Counsel Stack

Bluebook (online)
367 P.3d 1276, 52 Kan. App. 2d 454, 2016 Kan. App. LEXIS 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-src-q-kanctapp-2016.