SRS lacks standing to appeal Child in Need of Care cases when it is not a party to the action

In order to appeal a case brought under the Revised Kansas

Code for Care of Children, K.S.A. 2010 Supp. 38-2201 et seq., one must be a party or an

interested party in the case. In addition, only certain orders are appealable. K.S.A. 2010 2

Supp. 38-2273. The Secretary of Social and Rehabilitation Services (SRS) appealed a

placement order made by a magistrate judge to the district court. The district court found

that it lacked jurisdiction to hear SRS's appeal because SRS was neither a party nor an

interested party as defined by the statute, nor was a placement order an appealable order.

SRS appeals the district court's denial of its appeal. The Kansas Court of Appeals agreed, and affirmed on the ground that SRS lacked standing to appeal the placement order.

The entire opinion may be read here:

In re C.E.