The Kansas Court of Appeals found,
"If this is a criminal contempt, then the court failed to afford V.R. sufficient due process.
Interestingly, the State now contends that the contempt proceedings are to be regarded as criminal in nature and the district court properly imposed a punitive sanction for indirect criminal contempt. This change of position by the State cannot be ignored.
Even if we view this as a criminal contempt action, we must likewise vacate the sentence because the court failed to afford V.R. due process."
"Because the court gave the contemnor no way to purge herself of contempt, we hold that sentence to be wholly punitive. The court failed to give the contemnor "the keys to the jail." The court had no authority to impose a criminal contempt sentence in a civil contempt proceeding.
Therefore, we vacate the penalty."
Who jailed this mother without due process?
Sedgwick County Juvenile Judge James Burgess
http://www.scribd.com/doc/83012727/KS-Court-of-Appeals-Vacates-the-Criminal-Contempt-Charges-by-Nola-Foulston-and-Judge-James-Burgess#fullscreen
