No. 21-1467

Archie McCoy v. Hawaii Department of Human Services, et al.

Lower Court: Hawaii
Docketed: 2022-05-23
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: constructive-service due-process fourteenth-amendment indigent-representation legal-notice parental-rights service-of-process termination-proceedings
Key Terms:
DueProcess
Latest Conference: 2022-09-28 (distributed 2 times)
Question Presented (AI Summary)

Does the Fourteenth Amendment's Due Process Clause require further efforts by the government to locate an absent father before permitting constructive service by publication in parental rights termination proceedings?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Inproceedings to terminate parental rights, before : a court permits constructive service by publication does , the Fourteenth Amendment’s Due Process Clause require : further efforts by the government, beyond a mother’s limited reports about the absent father, to locate the . father? ; 2. In proceedings to terminate parental rights, : does the Due Process Clause require further efforts ; by the government when it becomes aware, prior to the termination, that its service of process by publication has ; : failed to provide notice? 3. Does the Due Process Clause require that a court : appoint legal counsel to an indigent “unknown” parent facing termination of parental rights? Lo

Docket Entries

2022-10-03
Petition DENIED.
2022-06-29
DISTRIBUTED for Conference of 9/28/2022.
2022-06-14
Waiver of right of respondent Court Appointed Special Advocates Program to respond filed.
2022-06-06
Waiver of right of respondent Hawaii Department of Human Services, et al. to respond filed.
2022-06-03
Waiver of right of respondents Craig Cammack and Jodilynn Cammack to respond filed.
2022-05-23
Motion (21M117) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record Granted.
2022-05-03
MOTION (21M117) DISTRIBUTED for Conference of 5/19/2022.
2022-03-28
Motion (21M117) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
2022-03-28
Petition for a writ of certiorari filed. (Response due June 22, 2022)

Attorneys

Archie McCoy
Georgia K. McMillenLaw Office of Georgia K. McMillen, Petitioner
Court Appointed Special Advocates Program
Shelby N. FerrerLaw Office of Shelby N. Ferrer, Respondent
Craig Cammack and Jodilynn Cammack
Francis T. O'BrienFrancis T. O'Brien, Respondent
Hawaii Department of Human Services, et al.
Robert Tadao NakatsujiDept. of the Attorney General, State of Hawaii, Respondent