In re L.M. (Signed Opinion)
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The Supreme Court vacated the order of the circuit court terminating Father's parental rights to his child, holding that Father's due process rights were violated.
On appeal, Petitioner argued that he was not afforded proper notice of the proceedings when he was served by publication in a Boone County newspaper. The record evidence showed that the West Department of Health and Human Resources knew that Petitioner was in North Carolina and not West Virginia and that, by the time it served him by publication in a North Carolina newspaper, the circuit court had already adjudicated Petitioner. The Supreme Court vacated the circuit court's order, holding that the circuit court erred in adjudicating Petitioner's rights without proper service.
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