Legal Opinion

In the Interest of X.D.

Court of Appeals of Kansas

Decided December 24, 2014No. 111,294PublishedCited by 3 opinions

1Opinion of the Court

Leben, J.:

Corey D. (Father) appeals the district court’s termination of his parental rights to five children. He argues that the district court violated his due-process rights when it found that the State had presented a sufficient evidentiary basis for presuming him an unfit parent without first • hearing the evidence Father wanted to present on the unfitness presumption.

We agree with Father that the district court’s procedure violated his due-process rights. A fundamental part of due process is the opportunity to be heard in a meaningful way. The presumption of unfitness that can be applied…

2Cases cited9 opinions

  1. In the Interest of B.D.-Y.Supreme Court of Kansas · 2008
  2. State v. BowenSupreme Court of Kansas · 2014
  3. Frazier v. GoudschaalSupreme Court of Kansas · 2013
  4. In the Interest of J.L.Court of Appeals of Kansas · 1995
  5. Smith v. Yell Bell Taxi, Inc.Supreme Court of Kansas · 2003

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. In re A.P.Court of Appeals of Kansas · 2020
  2. In re Interest of T.E.B.Court of Appeals of Kansas · 2018
  3. In re K.H.Court of Appeals of Kansas · 2020

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