## Facts

- The State filed a verified petition in Meade County juvenile court alleging that Kay Marie Lennon (under sixteen) was a dependent and neglected child under the Kansas Juvenile Code and seeking permanent deprivation of Mary Lennon’s parental rights.
- Mary Lennon, the child’s mother, lived in poverty and was described as socially isolated, emotionally unstable, and maintaining substandard home and hygiene conditions.
- Mary had a prior history of family instability, including earlier loss of custody of older children and episodes indicating significant emotional disturbance.
- Kay Marie was born out of wedlock in December 1962; the father did not assume responsibility.
- Mary signed a document releasing the child to the State, after which the dependency/neglect petition proceeded.
- The juvenile court found Kay Marie dependent and neglected and placed her in the custody of the State Department of Social Welfare.
- On appeal to the district court, Mary requested a jury trial; the request was denied. After a bench trial, the district court again found dependency and neglect, permanently severed Mary’s parental rights, and committed Kay Marie to the State Department of Social Welfare.

## Issues

1. Whether the Kansas Constitution guarantees a right to a jury trial in a Juvenile Code proceeding to adjudicate a child dependent and neglected and permanently sever parental rights.
2. Whether the evidence was sufficient to support the dependency/neglect adjudication and permanent termination of parental rights under the Kansas Juvenile Code.

## Decision

- The Kansas Supreme Court affirmed the district court’s judgment.
- The court held there is no constitutional right to a jury trial in juvenile dependency/neglect proceedings unless the legislature provides one; the Juvenile Code did not.
- The court upheld the finding that Kay Marie was dependent and neglected and affirmed the permanent severance of Mary’s parental rights and commitment of the child to the State Department of Social Welfare as supported by the record and authorized by statute.

## Legal Principles

- The state constitutional jury-trial guarantee preserves the right as it existed at common law; it does not extend to special statutory proceedings unknown to the common law absent legislative authorization.
- Juvenile dependency and neglect proceedings are special statutory proceedings primarily protective in purpose and based on the state’s parens patriae authority, rather than criminal prosecutions aimed at punishing a parent.
- Upon a proper finding that a child is dependent and neglected, the Juvenile Code authorizes a court to permanently terminate parental rights and place the child in the custody of a state agency.
- Appellate review of dependency/neglect findings generally defers to the trial court where the record contains substantial evidence supporting the statutory determination.

## Conclusion

The Kansas Supreme Court upheld a bench adjudication of dependency and neglect and affirmed permanent termination of parental rights, holding that no constitutional jury-trial right applies in such Juvenile Code proceedings absent a statutory grant.


Lennon v. State, 193 Kan. 685, 396 P.2d 290 (Kan. 1964)