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Law Review and Bar Journal References:

"The Effect of Domestic Violence on Parental Rights in Kansas after In re Adoption of A.P.," Amy E. Wilbur, 39 W.L.J. 288 (2000).

CASE ANNOTATIONS

1. Whether subsection (a)(1) violates due process by shifting burden of proof to parents examined; standard of proof discussed. In re L.D.B., 20 Kan. App. 2d 643, 644, 891 P.2d 468 (1995).

2. Whether application of presumption of unfitness violated mother's procedural due process rights under facts examined. In re J.L., 20 Kan. App. 2d 665, 668, 891 P.2d 1125 (1995).

3. Best interests of the child doctrine controls case where child has been adjudicated to be in need of care. In re R.C., 21 Kan. App. 2d 702, 705, 907 P.2d 901 (1995).

4. Previous finding of unfitness shifts burden to parent to show fitness by preponderance of the evidence. In re L.D.B., 22 Kan. App. 2d 821, 822, 924 P.2d 642 (1996).

5. Procedure, burden of proof and standard of review examined in Indian parent's parental rights termination case. In re A.P., 25 Kan. App. 2d 268, 278, 961 P.2d 706 (1998).

6. District court standard of review for appeal of termination of parental rights by magistrate on the record is substantial competent evidence. In re J.H., 25 Kan. App. 2d 372, 376, 962 P.2d 1127 (1998).

7. Trial court application of statutory presumption of unfitness without issuing a written pretrial order upheld. In re D.R.R., 25 Kan. App. 2d 561, 563, 965 P.2d 861 (1998).

8. For purposes of this section, a parent is "convicted" of murdering the child's other parent upon trial court's entry of judgment following finding of guilty. In re M.E.B., 29 Kan. App. 2d 687, 29 P.3d 471 (2001).

9. Father's convictions that are presumptive of unfitness do not require affirmance on appeal. In re J.J.G., 32 Kan. App. 2d 448, 83 P.3d 1264 (2004).

10. Under subsection (a)(3) mother presumed unfit based on evidence in record, supports child in need of care finding. In re J.D.C. 35 Kan. App. 2d 908, 916, 136 P.3d 950 (2006).

11. State failed to meet burden of proof that mother unfit and to terminate mother's parental rights. In re E.T., 36 Kan. App. 2d 56, 74, 137 P.3d 1035 (2006).

12. Father dismisses court appointed attorney, requests pro se representation then requests counsel on trial day, denial not error. In re J.A.H., 285 Kan. 375, 377, 172 P.3d 1 (2007).