Jose Chacon v. Arkansas Department of Human Services and Minor Children

Summary

This is a dissenting opinion concerning the Arkansas Supreme Court's denial of review in a dependency-neglect and parental-rights termination proceeding. The dissent argues that the incarcerated biological father was deprived of statutory counsel and constitutional due process when he was not meaningfully included in the proceedings before the termination hearing.

Holdings

1. In Justice Hart's dissenting view, Chacon sufficiently raised his due-process claim during the termination hearing, and the Court of Appeals erred by refusing to address it as unpreserved.

Questions Presented

1. Whether Chacon preserved his constitutional due-process challenge to the termination of his parental rights by asserting the deprivation during the termination hearing.
2. Whether a procedural preservation bar may be applied when a parent specifically asserts that the termination proceedings violated his constitutional due-process rights.

Disposition

writ_denied