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38-2273. Appeals; procedure; verification; continuing jurisdiction. (a) An appeal may be taken by any party or interested party from any order of temporary custody, adjudication, disposition, finding of unfitness or termination of parental rights.

(b) An appeal from an order entered by a district magistrate judge who is not regularly admitted to practice law in Kansas shall be to a district judge. The appeal shall be heard on the basis of the record within 30 days from the date the notice of appeal is filed. If no record was made of the proceedings, the trial shall be de novo.

(c) Procedure on appeal shall be governed by article 21 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto.

(d) Notwithstanding any other provision of law to the contrary, appeals under this section shall have priority over all other cases.

(e) Every notice of appeal, docketing statement and brief shall be verified by the appellant if the appellant has been personally served at any time during the proceedings. Failure to have the required verification shall result in the dismissal of the appeal.

(f) While a case is on appeal from the district court, the district court or magistrate court shall continue to have jurisdiction over all issues not specifically appealed and shall conduct timely permanency hearings.

History: L. 2006, ch. 200, § 68; L. 2010, ch. 75, § 16; L. 2014, ch. 71, § 4; July 1.

Source or Prior Law:

38-1591.

Law Review and Bar Journal References:

"Waiting for Judgment Day: Negotiating the Interlocutory Appeal in 8 Easy Lessons," Jonathan Paretsky, 78 J.K.B.A. No. 4, 30 (2009).

"Caring When a Parent Does Not - The State's Role in Child Welfare," Roberta Sue McKenna, 79 J.K.B.A. No. 7, 36 (2010).

CASE ANNOTATIONS

1. Appellate court is without jurisdiction to consider appeal of order changing placement of child after parental rights terminated. In re D.M.M., 38 Kan. App. 2d 394, 166 P.3d 431 (2007).

2. Mentioned, there is no right to appeal from district court judgment regarding SRS placement with potential adoptive families. In re A.F., 38 Kan. App. 2d 742, 744, 745, 172 P.3d 63 (2007).

3. District court reviews an order of magistrate judge on the basis of the record and de novo determination. In re L.C.W., 42 Kan. App. 2d 293, 211 P.3d 829 (2009).

4. Placement orders issued under K.S.A. 38-2260 are not appealable orders under K.S.A. 38-2273. In re C.E., 47 Kan. App. 2d 442, 275 P.3d 67 (2012).

5. An order terminating parental rights is the last appealable order under section; any later orders are not subject to appellate review. In re N.A.C., 299 Kan. 1100, 1119, 329 P.3d 458 (2014).

6. State lacked the statutory right to appeal the denial of a motion to terminate parental rights. In re A.S., 52 Kan. App. 2d 173, 178, 364 P.3d 1203 (2015).

7. Statute does not provide the right to appeal an order denying a motion to terminate parental rights. In re T.S., 308 Kan. 306, 312, 419 P.3d 1159 (2018).


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