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In the Interest of Nicholas Wayne Atwood, a Child under the Age of 18 Years

Kansas Court of Appeals1978-11-22No. No. 49,495
2 Kan. App. 2d 680587 P.2d 1

Summary

Holding. The judgment terminating parental rights was reversed and the case was remanded for a new hearing because the trial court's decision relied solely on a statutorily prohibited basis—the parents' receipt of public assistance—and failed to provide adequate findings and conclusions necessary for appellate review or to apply the proper legal standard for terminating parental rights.

Gerald and Susan Atwood appealed a district court decision that terminated their parental rights to their four-year-old son Nicholas and found them unfit parents. The trial court's sole stated basis for its determination was that the parents' inability to provide a suitable home stemmed from their reliance on state rehabilitation services and public assistance. The appellate court found this reasoning violated state law, which explicitly prohibits classifying a child as dependent and neglected merely because the child or parents receive public welfare support.

The court emphasized that bare conclusions about unfitness and the need for parental rights termination, without adequate explanation of the legal standards applied, prevent meaningful appellate review. The court also articulated the controlling legal standard for terminating parental rights: a trial court must determine that under no reasonable circumstances can the child's welfare be served by continuing the parent-child relationship, and must explore and eliminate alternative remedies before resorting to parental severance. These are drastic measures that should be imposed only when parents are genuinely unfit to raise their children.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether parental unfitness can be based solely on parents' reliance on public welfare assistance
  • Whether bare legal conclusions without adequate findings and reasoning permit meaningful appellate review in parental rights termination cases
  • What legal standard applies when determining whether terminating parental rights serves the child's best interests

Procedural posture

The parents appealed separately from a district court judgment adjudging them unfit and permanently severing their parental rights to their young child.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Parks, J.:

Gerald and Susan Atwood, the parents of four-year-old Nicholas Wayne Atwood, are appealing a district court order wherein they were adjudged unfit parents and their parental rights permanently severed. Gerald and Susan were divorced prior to the district court hearing in this case and therefore appeal separately.

Recitation of the facts giving rise to the original petition is not required for disposition of these appeals.

We note that necessary prerequisites to the severance of parental rights are findings that the child is dependent and neglected and that the parents are unfit. To establish unfitness the state must show by clear and convincing evidence that the natural parents are unsuitable, incompetent or not adapted for their roles as parents. Cf. In re Penn, 2 Kan. App. 2d 623, 585 P.2d 1072 (1978); In re Nelson, 216 Kan. 271, 531 P.2d 48 (1975); In re Armentrout, 207 Kan. 366, Syl. ¶ 3 and 370,485 P. 2d 183 (1971). Here the trial court both orally and in its journal entry based its findings on the parents’ inability to provide a proper home “except for dependence on some other state rehabilitation service.” Such action by the court violates K.S.A. 1977 Supp. 38-802(g)(5), which clearly states that a child shall not be classed as a dependent and neglected child solely because of the fact that he or his parent, or both, receive assistance under the social welfare acts or otherwise receive support from public funds.

Mere conclusions that the child was dependent and neglected, that the parents were unfit and that parental rights should be severed, are inadequate to permit meaningful appellate review particularly where, as here, the only reason given by the trial court for its decision is statutorily prohibited. Good practice dictates that a trial court give reasons for its decision, advising the parties and the reviewing court of the standards applied which governed the determination and persuaded the trial court to arrive at its decision. Under the circumstances, this court has no alternative but to remand the case for new findings and conclusions. K.S.A. 60-252(a); Supreme Court Rule No. 165 (223 Kan. lxx); Baker University v. K.S.C. of Pittsburg, 222 Kan. 245, 254, 564 P.2d 472 (1977).

Since this cáse is being remanded for a new hearing, we deem it appropriate to consider the recognized policy and rules applicable to the termination of parental rights. To determine that the best interests of the child would be served by a termination of parental rights, the court must find that under no reasonable circumstances can the welfare of the child be served by a continuation of the parent-child relationship. This test requires the court to explore and specifically eliminate alternative remedies before imposing the drastic remedy of parental severance. See People, Int. of M. M. 184 Colo. 298, 520 P.2d 128 (1974). The welfare and best interests of children are primarily the concern of their parents, and it is only when parents are unfit to have the custody, rearing and education of children that the state as parens patriae, with its courts and judges, steps in to find fitting custo dians in loco parentium. In re Armentrout, 207 Kan. at 370 citing In re Kailer, 123 Kan. 229, 255 Pac. 41 (1927). See also In re Bachelor, 211 Kan. 879, 882, 508 P.2d 862 (1973); In re Vallimont, 182 Kan. 334, 321 P.2d 190 (1958).

Judgment is reversed and the case remanded for a new hearing on all the issues in the light of intervening events and the views expressed in this opinion.