In re S.M.

Meyer, J.:

Appellant B.L.M., natural father of S.M. and A.M., appeals the district court’s severance of his parental rights.

Appellant contends that he was denied his constitutional right to confront witnesses against him and to be present at the hearing because of the magistrate’s refusal to grant a continuance until such time appellant, an inmate of the Kansas State Penitentiary, would be available to attend. We agree that appellant was denied due process of law.

To properly address the constitutional issue, we pause to relate the events up to the severance hearing. At the time of the hearing,…