In re D.M.M., 97,876.

• Court: Court of Appeals of Kansas
• Writing for the Court: Malone
• Citation: 166 P.3d 431
• Parties: In the Interest of D.M.M., dob: 03/04/02, A Child Under Eighteen (18) Years of Age.
• Docket Number: No. 97,876.,97,876.
• Decision Date: 31 August 2007

166 P.3d 431 In the Interest of D.M.M., dob: 03/04/02, A Child Under Eighteen (18) Years of Age. No. 97,876. Court of Appeals of Kansas. August 31, 2007.

[166 P.3d 432]

Gillian Luttrell, of Ozawkie, for appellant grandmother.

Matthew W. Boddington and LeAnn M. Berry, of Kansas Department of Social and Rehabilitation Services, for appellee.

Before CAPLINGER, P.J., ELLIOTT and MALONE, JJ.

MALONE, J.

S.B. (Grandmother) appeals the district court's orders changing D.M.M.'s placement for adoption following termination of parental rights. We conclude this court lacks jurisdiction to consider Grandmother's appeal.

D.M.M. was born on March 4, 2002, while his natural mother, D.M. (Mother), was incarcerated. The identity of D.M.M.'s natural father (Father) was unknown. On March 20, 2002, the State of Kansas filed a Child in Need of Care petition in Doniphan County District Court alleging D.M.M. was in need of care. At the time the petition was filed, D.M.M. was living with Grandmother. Grandmother had previously adopted D.M.M.'s sister and brother.

166 P.3d 433

On April 16, 2002, the district court issued temporary orders placing D.M.M. in the custody of the Department of Social and Rehabilitation Services (SRS) and finding that residential placement with Grandmother was appropriate. On June 3, 2002, the district court adjudicated D.M.M. as a child in need of care. The district court held a disposition hearing on June 24, 2002. At the disposition hearing, the district court found that Mother was on probation in Missouri and ordered her to enter into a reintegration plan with SRS. The district court further found that it was in D.M.M.'s best interests to remain living with Grandmother.

On August 7, 2003, Grandmother filed a motion to terminate parental rights. After conducting a hearing, the district court terminated Mother's and Father's parental rights to D.M.M., and the journal entry was filed on December 16, 2003. The district court placed D.M.M. in the care, custody, and control of SRS, found that it was in D.M.M.'s best interests to be adopted, and granted SRS authority to consent to an adoption. At a September 29, 2004, permanency hearing, SRS indicated that it was working to complete an adoption and that it was negotiating with Grandmother for an adoption subsidy.

On July 11, 2005, SRS removed D.M.M. from Grandmother's home and placed him in a foster home. SRS removed D.M.M. from the home because it discovered that Grandmother had built and maintained a dog kennel, which consisted of a 6-foot high section of chain link fencing and a gate, to contain D.M.M. inside Grandmother's living room. Grandmother described the structure as a "safe place" for D.M.M. because he was too big for a regular playpen. Although SRS could not confirm that D.M.M. had been abused or neglected, it removed D.M.M. from Grandmother's home and told Grandmother to dismantle the "safe place."

Grandmother filed a motion asking the court to review SRS's emergency removal of D.M.M. from her home. After conducting a hearing, the district magistrate approved the emergency removal. The magistrate found that Grandmother had failed to follow 9 of the 11 recommendations regarding discipline, medication, and parenting given to her by Kanza Mental Health. The magistrate further found that Grandmother's home was chaotic, unsafe, and disruptive to the mental health of D.M.M. Specifically, the magistrate found that the "`safe place' was an inappropriate device to provide safety to [D.M.M.]." The order approving SRS's emergency removal of D.M.M. was filed on November 3, 2005.

Grandmother appealed the magistrate's order to the district court. At a hearing on December 28, 2005, the district court, on its own motion, raised the issue of jurisdiction and determined the district court did not have jurisdiction to review the magistrate's decision approving the emergency removal of D.M.M. At the hearing, Grandmother made an oral motion for interested party status, which the district court granted.

Grandmother filed subsequent motions with the district court. At a hearing on one of the motions, Grandmother made an oral motion for an evidentiary hearing on whether SRS had performed reasonable efforts to find an adoption placement for D.M.M. The district court granted Grandmother's motion and scheduled the evidentiary hearing on October 11, 2006. At the hearing, Grandmother argued that D.M.M. should either be placed back with her or with another family member for adoption. After hearing the evidence, the district court found that SRS had performed reasonable efforts to find D.M.M. an adoptive family, and denied Grandmother's motion for change of placement. Grandmother filed a notice of appeal, and she subsequently filed an amended notice of appeal.

Grandmother's amended notice of appeal indicates she is appealing several different rulings of the district court, all entered after the termination of parental rights. However, Grandmother has raised only two issues in her appellate brief. First, she claims the district court erred in refusing to review the magistrate's order approving the emergency removal of D.M.M. from...