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McKinney v. Jennings

The trial court had no obligation to make arrangements for an out-of-state prisoner's presence at his biological son's adoption hearing.

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Randy McKinney was incarcerated in a South Carolina prison when another man filed a petition and sought a hearing in a Georgia court to adopt McKinney’s natural son. McKinney requested that the Georgia court make arrangements to have him transported to the hearing or to participate by telephone, which request the court denied. The question on appeal is whether due process requires that a court make arrangements to have a party, who is incarcerated in another state, transported to an adoption hearing or present telephonically. We answer this question in the negative and thus affirm the decree granting the adoption.

While in jail in South Carolina for sexual offenses, Randy McKinney was served with Alvin Jennings’s petition, in which Jennings sought to adopt Brandon, McKinney’s natural son. Following the grant of the petition, we vacated the judgment and remanded the matter to conduct a hearing with a 30-day advance notice in accordance with OCGA § 19-8-14.1 The court gave the proper notice, whereupon McKinney moved the court to make arrangements for him to be transported to the hearing or for him to participate telephonically. The court denied that motion and held the hearing, at which McKinney was represented by counsel who submitted affidavits on his behalf. The court considered all evidence presented and, pursuant to OCGA § 19-8-10 b, granted the adoption petition, effectively terminating McKinney’s parental rights. McKinney appeals, arguing that he was denied his Fourteenth Amendment due process rights when the court denied his motion to participate personally or telephonically.

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