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In the Interest of A. R.

Service of deprivation petition on incarcerated father of three children at issue was not perfected pursuant to O.C.G.A. § 15-11-39.1 a.

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Appellant is the father of three minor children who have been in foster care since January 2006. In December 2007, the Newton County Department of Family and Children Services “DFCS” filed a deprivation petition alleging that appellant’s children continued to be deprived because their mother had surrendered her parental rights and appellant was incarcerated. Following an adjudicatory hearing, the juvenile court entered an order finding that the children were deprived. 1. The state concedes that the trial court’s deprivation order must be vacated because service of the deprivation petition on appellant was not perfected in accordance with OCGA § 15-11-39.1 a. That statue provides that “if a party to be served with a summons is within this state and can be found, the summons shall be served upon him . . . personally at least 24 hours before the hearing.” OCGA § 15-11-39.1 a. See In the Interest of A. J. M. , 277 Ga. App. 646, 647 1 627 SE2d 399 2006 the personal service provisions of OCGA § 15-11-39.1 apply to deprivation hearings; In the Interest of W. M. F. , 180 Ga. App. 397, 398-399 2 349 SE2d 265 1986 personal service is not waived simply by actual notice having been achieved. The parties here agree that appellant was incarcerated, that his location was known to the state, that he did not waive personal service, and that service was not perfected as required. Accordingly, we vacate the trial court’s order and remand this case to the juvenile court for additional proceedings. See In the Interest of A. J. , 269 Ga. App. 580, 581-582 1 604 SE2d 635 2004.

2. Our holding in Division 1 renders many of appellant’s remaining enumerations of error moot; however, we address the following issues that are likely to recur on rehearing.

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