In Re Adoption of Baby Girl P.
242 P.3d 1168
| Kan. | 2010Background
- Baby Girl P. was born in Kansas on June 23, 2008 to Lauren P. and Cortlandt J. (C.J.); Devon M. was alleged as the father and DNA testing did not exclude him.
- Lauren informed Devon of pregnancy; Devon initially showed mixed interest but later sought visitation after the child's birth.
- Lauren signed an affidavit with an incorrect last name for Devon at birth; investigators did not locate Devon initially.
- A petition for adoption was filed July 10, 2008; Devon learned of the birth and sought visitation through counsel.
- District court terminated Devon's parental rights; the adoption proceeding remained pending; Court of Appeals affirmed; Kansas Supreme Court granted review.
- Court ultimately reversed, holding Devon did not neglect the child and the best interests favored maintaining the natural-father custodial relationship, remanding for custody proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the ledger test apply to nonstepparent adoptions? | Devon argues ledger test applies to nonstepparent. | State argues ledger test is limited to stepparent contexts. | Ledger test not extended; statutory framework allows termination based on a single element (support or communication). |
| Was Devon's conduct sufficient to constitute neglect under 59-2136(h)(1)(C)? | Devon made reasonable efforts to support or communicate with the child. | The district court and Court of Appeals found insufficient efforts. | Devon made reasonable efforts; no clear and convincing neglect proven. |
| Whether best-interests findings could justify termination absent statutory grounds given appearance and rights asserted | Best interests alone cannot override constitutional rights without statutory support. | Best interest was cited by lower courts as a factor in termination. | Best interests cannot sole-ground termination when statutory factors are not satisfied; reversal on the record. |
Key Cases Cited
- Mississippi Choctaw Indians Band v. Holyfield, 490 U.S. 30 (U.S. 1989) (Trauma of removing children from custodial parents acknowledged; fidelity to parental rights emphasized)
- Roe Family Services v. Doe, 88 P.3d 749 (Idaho 2004) (Contextual handling of parental rights and adoption considerations)
- Adoption of G.L.V., 190 P.3d 245 (Kan. 2008) (Strict construction favoring natural parents; parental rights preserved when duties assumed)
- Adoption of B.B.M., 224 P.3d 1168 (Kan. 2010) (Clear and convincing standard; statutory factors guide termination)
- Adoption of A.A.T., 196 P.3d 1180 (Kan. 2008) (Different framework when father appears during adoption; timing and statutes matter)