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SHEILA A. v. FINNEY

No. 68,945

253 Kan. 793 (1993)

861 P.2d 120

SHEILA A. and THOMAS A., by their next friend, by DR. KARL MENNINGER; BROOKS B. and DARRELL B., by their next friends, J. EUGENE BALLOUN and SHEILA WOMBLES; KAREN C., by her next friend, THE REVEREND C.L. BACHUS; DAVID D., by his next friend, BISHOP KENNETH W. HICKS; JASON E., by his next friends, PAUL DAVID WALKER and BARBARA WALKER; BONNIE F., by her next friend, KRISTY L. SIMPSON; and ARTHUR G., by his next friend, JUDY FRICK, Appellants, v. JOAN FINNEY, Governor, DONNA WHITEMAN, Secretary of the Kansas Department of Social and Rehabilitation Services; CAROLYN HILL, Commissioner of Youth Services; JAN WAIDE, Director, Kansas Children in Need of Care Program; and THE STATE OF KANSAS DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Appellees.

Supreme Court of Kansas.

Opinion filed October 29, 1993.

Attorney(s) appearing for the Case

Christopher Hansen, of the American Civil Liberties Union, of New York, New York, argued the cause, and Christopher Dunn, of New York, New York, and Rene Netherton, of Topeka, were with him on the brief for appellants.

Deanne Watts Hay, of Sloan, Listrom, Eisenbarth, Sloan & Glassman, of Topeka, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

ABBOTT, J.:

Plaintiffs' action challenges the adequacy of the State's Child in Need of Care program. The Governor of the State of Kansas is one of several named defendants. The trial court dismissed the Governor as a defendant because it believed it could not grant the relief sought by plaintiffs against the Governor. Plaintiffs appeal from the order dismissing the Governor...

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