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McMAHAN v. ARKANSAS DEPT. OF HUMAN SERVICES

No. CV-14-422.

446 S.W.3d 640 (2014)

2014 Ark. App. 590

Roy McMAHAN, Appellant v. ARKANSAS DEPARTMENT OF HUMAN SERVICES and Minor Child, Appellees.

Court of Appeals of Arkansas.

October 29, 2014.

Attorney(s) appearing for the Case

Leah Lanford, Arkansas Public Defender Commission, Dependency-Neglect Appellate Division, for appellant.

Tabitha Baertels McNulty, Office of Policy and Legal Services, for appellee. Chrestman Group, PLLC, by Keith Chrestman, attorney ad litem for minor child.

The issue in this case is whether service of a termination-of-parental-rights petition on appellant Roy McMahan was proper. We hold that it was not; therefore, we reverse and dismiss.

At the termination hearing, McMahan (who was incarcerated at the time the Department of Human Services (DHS) filed the petition to...

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