Source or prior law:

38-407(a), (b), (c), (e), 38-408(d).

CASE ANNOTATIONS

1. Question on appeal is sufficiency of the evidence to support district court finding. In re Armentrout, 207 Kan. 366, 367, 368, 485 P.2d 183.

2. Two distinct proceedings affecting parent-child relationship exist under section; one subject to revocation, the other complete termination. Roelfs v. Wallingford, Inc., 207 Kan. 804, 806, 809, 810, 811, 486 P.2d 1371.

3. Where parental rights have been terminated under section, child is no longer dependent and is not entitled to workman's compensation benefits upon death of parent. Roelfs v. Wallingford, Inc., 207 Kan. 804, 806, 810, 811, 486 P.2d 1371.

4. Misconduct of parents sufficient for finding of dependent and neglected under (b) can constitute breach of parental duty making parents unfit to retain custody under (c). In re Bachelor, 211 Kan. 879, 882, 508 P.2d 862.

5. Parental rights terminated; admission of hearsay evidence harmless. In re Johnson, 214 Kan. 780, 522 P.2d 330.

6. Parental rights terminated; evidence of events subsequent to filing of petition admissible; findings upheld. In re Nelson, 216 Kan. 271, 531 P.2d 48.

7. Findings by court of dependency, neglect and parental unfitness upheld; permanent deprivation of parental rights. In re Hambleton, 2 Kan. App. 2d 68, 73, 574 P.2d 572.

8. Rights of father of illegitimate child determined; K.S.A. 59-2102 construed and applied; held constitutional. In re Lathrop, 2 Kan. App. 2d 90, 93, 575 P.2d 894.

9. Judgment hereunder divesting natural parents of their "parental rights" includes both "legal" and "inheritance" rights. Webb v. Scully, 430 F. Supp. 672, 673, 674.

10. Parents adjudged unfit for entrustment with custody of child; rights permanently severed. In re Penn, 2 Kan. App. 2d 623, 625, 585 P.2d 1072.

11. Judgment hereunder affirmed; admission into evidence of material from juvenile court file; psychiatric examination of father ordered; clear and convincing evidence. In re Kerns, 225 Kan. 746, 752, 594 P.2d 187.

12. Parent whose parental rights are severed entitled to court appointed counsel on appeal if parent indigent. In re Brehm, 3 Kan. App. 2d 325, 594 P.2d 269.

13. Subsection (b)(2) construed; court authorized to commit minor to custody of "other" individuals. In re Collins, 3 Kan. App. 2d 585, 587, 598 P.2d 1075.

14. Subsection (c) construed; rights of one parent may be severed even though both parents of deprived child are living. In re Wheeler, 3 Kan. App. 2d 701, 702, 703, 704, 601 P.2d 15.

15. Denying parental visitation of child adjudicated deprived and committed to secretary of social and rehabilitation services does not amount to permanent deprivation of parental rights. In re Ingold, 4 Kan. App. 2d 692, 693, 610 P.2d 130.

16. Severance of parental rights based on testimony and opinions of expert witness discussed. In re Watson, 5 Kan. App. 2d 277, 615 P.2d 801.

17. Term "unfit" not unconstitutionally vague, nor does statute violate constitution for failure to incorporate doctrine of least restrictive alternative. In re Brooks, 228 Kan. 541, 543, 547, 551, 618 P.2d 814.

18. Indigent parents must have counsel appointed to represent them at a deprived child hearing. In re Cooper, 5 Kan. App. 2d 584, 586, 621 P.2d 437.

19. Even if child placed under subsection (b), parents may have right to counsel. In re Cooper, 230 Kan. 57, 61, 63, 66, 631 P.2d 632 (1981).

20. Cited; unconstitutional to allow award of child custody to nonparents unless parents found unfit. Sheppard v. Sheppard, 230 Kan. 146, 153, 630 P.2d 1121 (1981).

21. Child held to be a deprived child even though the child was never in parent's custody. In re Price, 7 Kan. App. 2d 477, 478, 644 P.2d 467 (1982).

22. Mother's parental rights severed when she neglected to exercise control necessary to prevent abuse of child by natural father. In re Dodge, 8 Kan. App. 2d 259, 260, 655 P.2d 135 (1983).

23. To sever parental right, child must be found deprived and parent unfit by clear and convincing evidence. In re Reed, 8 Kan. App. 2d 602, 604, 663 P.2d 675 (1983).

24. Cited in discussion regarding whether K.S.A. 21-3902 is unconstitutionally vague. State v. Adams, 254 Kan. 436, 445, 866 P.2d 1017 (1994).