Kansas Court Case: Interest of H.C.

LEXSEE 939 P2d 937

IN THE INTEREST OF H.C. and K.S.C. 

No. 77,441 

COURT OF APPEALS OF KANSAS 

23 Kan. App. 2d 955; 939 P.2d 937; 1997 Kan. App. LEXIS 86 

May 16, 1997, Opinion Filed 

PRIOR HISTORY:
[***1] Appeal from Labette District Court; CHARLES J. SELL, judge. 

DISPOSITION:
Reversed and remanded for further proceedings. 

COUNSEL:
Timothy J. Grillot, of Parsons, and Steven W. Wilhoft, of Parsons, for appellants.

Brandi L. Dunning, assistant county attorney, andRobert Forer, county attorney, for appellee. 

JUDGES:
Before BRAZIL, C.J., LEWIS, J., and JOHN ANDERSON III, District Judge, assigned. 

OPINIONBY:
BRAZIL 

OPINION:

[*956] 
[**939] BRAZIL, C.J.: B.C., the natural mother of H.C. and K.S.C., and C.J., the natural father of H.C., appeal from an order terminating their parental rights. We reverse and remand, finding that B.C. and C.J. did not receive adequate notice of the termination hearing.
H.C. and K.S.C. were [***4] placed into the protective custody of the Kansas Department of Social and Rehabilitation Services on June 11, 1993, and thereafter adjudicated children in need of care.
Both C.J. and B.C. raise related points of error concerning the State's failure to provide proper service of process of the termination [*957] hearing and the court's subsequent refusal to grant a continuance. Additionally, although C.J. failed to raise the issue, we find the trial court lacked jurisdiction to terminate C.J.'s parental rights due to the State's failure to serve the second motion for termination in accordance with K.S.A. 38-1534.

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