(Download) "State Ex Rel. Secretary of Srs v. Clear" by Supreme Court of Kansas ~ Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Secretary of Srs v. Clear
- Author : Supreme Court of Kansas
- Release Date : January 18, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The opinion of the court was delivered by The Department of Social and Rehabilitation Services of the
State of Kansas (SRS) appealed the district court's finding that
Barbara J. Clear (Finnigan) relinquished parental rights to her
minor children pursuant to K.S.A. 38-125 et seq., and, as a
result, her obligation to pay child support terminated as a
matter of law. The Court of Appeals first determined that the
issue before it was one of law and thus subject to unlimited
appellate review. Hutchinson Nat'l Bank & Tr. Co. v. Brown,
12 Kan. App. 2d 673, 674, 753 P.2d 1299, rev. denied 243 Kan. 778
(1988). Second, it found a different issue was determinative of
the case, and that issue had to be considered to prevent a denial
of fundamental rights. The Court of Appeals then concluded that
SRS had not accepted the surrender of the children; therefore, as
a matter of law, there was no relinquishment pursuant to K.S.A.
38-125 et seq. and it need not determine the issue raised on
appeal. The Court of Appeals reversed the district court and
remanded the matter for further proceedings. Pursuant to Supreme
Court Rule 8.03 (1990 Kan. Ct. R. Annot. 40), Clear petitioned
for review, claiming that the Court of Appeals had improperly
decided the matter. We accepted review. SRS recognizes that a termination of parental rights initiated
by the State relieves that parent of future child support
obligations, but contends that a voluntary relinquishment of
parental rights by a parent pursuant to K.S.A. 38-125 et seq.
does not terminate the parent's liability to repay SRS for any
assistance expended upon the child's behalf under K.S.A. 1989
Supp. 39-718b. On the other hand, Clear contends, and the trial
court so held, that her voluntary relinquishment of parental
rights to the children terminated her obligation to repay SRS for
the assistance expended for the children.