In re T.S.Annotate this Case
Holding that the plain language of Kan. Stat. Ann. 38-2273(a) did not provide Grandfather the right to appeal an order denying his motion to terminate the parental rights of his grandson’s parents, the Supreme Court affirmed the dismissal of this appeal for lack of jurisdiction.
In this child in need of care action, Grandfather was granted temporary custody of his grandchild. Grandfather then moved for termination of Mother’s and Father’s parental rights or, in the alternative, for an order appointing Grandfather as the child’s permanent custodian. The court found Father unfit and appointed Grandfather as the child’s permanent custodian but declined to terminate Father’s parental rights. Father appealed, and Grandfather cross-appealed the decision not to terminate Father’s parental rights. The court of appeals dismissed Grandfather’s cross-appeal for lack of jurisdiction under the plain language of Kan. Stat. Ann. 38-2273(a), concluding that the statute does not provide the right to appeal when a motion to terminate parental rights has been denied. The Supreme Court affirmed. The dissent disagreed, arguing that the language of section 38-2273(a) does not manifest a legislative intent to make the district court’s ruling, which might “irreparably harm the child,” incapable of correction by a higher court.