In Re Ke, 272 P.3d 28

Minors K.E. and S.D.E. entered state custody in April 2008; Father has been imprisoned in Georgia for cocaine-related offenses for most of their lives (life sentence in 1989, 30-year sentence in 2002).
Trial judge previously terminated Father’s parental rights in 2010; Court of Appeals reversed and remanded to vacate the termination.
State thereafter filed motions again to terminate Father’s rights; service was perfected on November 26, 2010; termination hearing scheduled for December 8, 2010.
On the hearing morning, Father, already out on lifetime parole in Georgia, could not attend in person; he spoke by telephone from Georgia and claimed he could not secure transportation.
Judge allowed Father to listen but refused to permit sworn telephonic testimony; oral arguments and exhibits proceeded with three witnesses regarding child best interests.
Trial court ultimately found clear and convincing evidence of unfitness and that termination was in the children’s best interests; Court of Appeals reversed, claiming due process violation; Kansas Supreme Court reversed the Court of Appeals and affirmed the district court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether due process was violated by denying telephonic testimony	Father argues statute 60-243(a) permits telephonic testimony under good cause and compelling circumstances	State contends no good cause or safeguards were shown and in-person appearance was possible	No due process violation; denial was harmless error; proper standard applied under 60-243(a) and Father failed to prove sufficient cause

In re J.D.C., 284 Kan. 155 (2007) (due process requires meaningful opportunity to be heard)
Mathews v. Eldridge, 424 U.S. 319 (1986) (fundamental due process balancing framework)
State v. Gonzalez, 290 Kan. 747 (2010) (correct legal standard for applying law governing testimony)
In re Estate of Broderick, 286 Kan. 1071 (2008) (telephone testimony restrictions; specifics of admissibility)
In re Care & Treatment of Sipe, 44 Kan. App. 2d 584 (2010) (burden on moving party; standard for relief)
Davenport Pastures v. Board of Morris County Comm'rs, 291 Kan. 132 (2010) (standard for reviewing due process claims)
State v. Ward, 292 Kan. 541 (2011) (harmless error standards when constitutional rights implicated)