State ex rel. Secretary, Kansas Department of Social & Rehabilitation Services v. Rice

121 P.3d 458, 34 Kan. App. 2d 535, 2005 Kan. App. LEXIS 1018
CourtCourt of Appeals of Kansas
DecidedOctober 14, 2005
DocketNo. 92,772
StatusPublished

This text of 121 P.3d 458 (State ex rel. Secretary, Kansas Department of Social & Rehabilitation Services v. Rice) 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
State ex rel. Secretary, Kansas Department of Social & Rehabilitation Services v. Rice, 121 P.3d 458, 34 Kan. App. 2d 535, 2005 Kan. App. LEXIS 1018 (kanctapp 2005).

Opinion

Bukaty, J.:

Russell M. Rice appeals the order of the district court requiring him to reimburse the Kansas Department of Social and Rehabilitation Services (SRS) for amounts it paid for support of two of his children prior to Rice’s parental rights being terminated. No judgment had been rendered for such support prior to the termination. We affirm.

The parties do not dispute the underlying facts. The reimbursement at issue in this appeal involves two natural children of Rice, one bom in July 1985, the other bom in December 1986. SRS provided the children with financial assistance in the amount of $7,867 during the period of December 1996 through May 1999. It also provided the children with medical care payments in the amount of $6,041.66. By a hearing held on October 10, 1997, and a journal entry filed January 14,1998, the district court terminated Rice’s parental rights to the children. This court affirmed the termination order in an unpublished opinion.

On April 30, 1999, SRS filed a petition for reimbursement for past child support and medical payments made on behalf of the two children and for continued support. SRS subsequently revised its demand to request only reimbursement for the child support and the medical expenses it paid prior to the termination of parental rights order. Ultimately, the parties stipulated that SRS had provided a total of $4,027.86 for the care of the two children prior to the termination order.

Relying upon K.S.A. 39-718b and In re Morgan, 24 Kan. App. 2d 324, 943 P.2d 77 (1997), the district court concluded that SRS was entitled to reimbursement of expenditures made prior to the termination of parental rights. In its June 2004 reimbursement order, the court awarded judgment against Rice and Alayne L. Brown, jointly and severally, in the amount of $3,756.86. We are not sure why the amount differs from the amount stipulated to for the care provided by SRS prior to the termination of Rice’s parental rights.

The only issue in this appeal is whether SRS can claim reimbursement for expenditures it made prior to the termination order [537]*537when no judgment or other court order had been entered prior to that time to establish Rice’s obligation for support or reimbursement to SRS. This issue requires us to determine the scope and extent of SRS’s authority to recoup expenditures pursuant to K.S.A. 39-718b. Interpretation of a statute is a question of law over which this court possesses unlimited review. See State ex rel. Secretary of SRS v. Cook, 29 Kan. App. 2d 292, 293, 26 P.3d 76 (2001).

In pertinent part, K.S.A. 39-718b provides:

“(a) Except as provided in subsection (b), a child’s parent, parents or guardian shall be liable to repay to the secretary of social and rehabilitation services any assistance expended on the child’s behalf, regardless of the specific program under which the assistance is or has been provided. When more than one person is legally obligated to support the child, liability to the secretary shall be joint and several. The secretary shall have the power and authority to fríe a civil action in the name of the secretary for repayment of the assistance, regardless of the existence of any other action involving the support of the child.”

In construing any statute, a court must give effect to the intent of legislature, if the intent may be ascertained. Where a statute is unambiguous, the legislature is presumed to have effected its intent in the language of the statutory scheme enacted. See Pieren-Abbott v. Kansas Dept. of Revenue, 279 Kan. 83, 88, 106 P.3d 492 (2005). Unless specifically defined by statute, words should be given their ordinary meaning, and a statute should not be interpreted to include or exclude meanings generally attached to those words. See GT, Kansas, L.L.C. v. Riley County Register of Deeds, 271 Kan. 311, 316, 22 P.3d 600 (2001).

K.S.A. 39-718b is not ambiguous. Other than clearly defined exceptions, which neither party has shown to be applicable here, any parent or legal guardian of a child is liable to repay any assistance expended on behalf of that child by SRS. Kansas courts have determined that this duty ceases once a parent’s rights and obligations are terminated by law. See State ex rel. Secretary of SRS v. Clear, 248 Kan. 109, 804 P.2d 961 (1991).

“A person who has relinquished parental rights through adoption, a voluntary termination of parental rights, or an involuntary severance of parental rights is no longer a parent. These statutory procedures contemplate a complete severance of the child’s ties and relationship with his or her natural parents. The parent whose [538]*538rights have been severed is relieved of all duties and obligations to the child.” Clear, 248 Kan. at 117.

Relying upon Clear, Rice claims that since he no longer is a parent of the children who received SRS assistance, he is no longer liable for any SRS expenditures on behalf of the children regardless of when the expenditures were made. His rebanee is misplaced. The Kansas Supreme Court clarified and expanded upon Clear in Michels v. Weingartner, 254 Kan. 44, 864 P.2d 1189 (1993). The court, while acknowledging the holding in Clear, ruled that a parent whose rights had been terminated was still liable after severance of parental rights for payment of child support which became due prior to the termination. Michels, 254 Kan. at 47-49.

Rice’s argument that Michels is distinguishable on the facts is without merit. He urges that Michels involved private child support payments where a judgment was in effect against an individual prior to termination of his parental rights as opposed to a claim after termination by SRS for reimbursement of public funds expended to support the child prior to termination. We find no basis either in the statutes or sound public policy for distinguishing the two situations.

It is true that child support payments differ in at least one respect from the type of assistance expended by SRS in caring for the needs of a child. Child support is a judicially imposed obligation determined according to a parent’s ability to provide for the child as established by court-created guidelines. In contrast, reimbursement for assistance expended by SRS for the needs of a child is a statutorily imposed obligation determined solely by SRS expenditures on behalf of the child. See Cook, 29 Kan. App. 2d at 295.

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Related

State Ex Rel. Secretary of Social & Rehabilitation Services v. Guy
937 P.2d 1252 (Court of Appeals of Kansas, 1997)
In Re Morgan
943 P.2d 77 (Court of Appeals of Kansas, 1997)
Michels v. Weingartner
864 P.2d 1189 (Supreme Court of Kansas, 1993)
STATE EX REL. SECRETARY SRS v. Clear
804 P.2d 961 (Supreme Court of Kansas, 1991)
In Re the Marriage of Walje
877 P.2d 7 (Court of Appeals of Kansas, 1994)
STATE EX REL SECRETARY OF SRS v. Cook, Jr.
26 P.3d 76 (Court of Appeals of Kansas, 2001)
GT, Kansas, L.L.C. v. Riley County Register of Deeds
22 P.3d 600 (Supreme Court of Kansas, 2001)
Pieren-Abbott v. Kansas Department of Revenue
106 P.3d 492 (Supreme Court of Kansas, 2005)

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Bluebook (online)
121 P.3d 458, 34 Kan. App. 2d 535, 2005 Kan. App. LEXIS 1018, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-secretary-kansas-department-of-social-rehabilitation-kanctapp-2005.