PROCESS AND SERVICE

(a) Personal Service. On the filing of a petition requesting the termination of parental rights, a copy of the petition and notice of the date, time, and place of the advisory hearing must be personally, or via primary e-mail address upon a party’s consent, served on:

(1) the parents;

(2) the legal custodians or caregivers of the child;

(3) if the natural parents are dead or unknown, a living relative of the child, unless on diligent search and inquiry no relative can be found;

(4) any person who has physical custody of the child;

(5) any grandparents entitled by law to notice of the adoption proceeding;

(6) any prospective parent identified by law, unless a court order has been entered which indicates no further notice is required, or if the prospective father executes an affidavit of nonpaternity or a consent to termination of his parental rights which is accepted by the court after notice and opportunity to be heard by all parties to address the best interests of the child in accepting such affidavit;

(7) the guardian ad litem for the child;

(8) the attorney ad litem for the child if one has been appointed; and

(9) any other person as provided by law.

(b) Contents. The document containing the notice to appear must notify the required persons of the filing of the petition, include instructions for appearance through communication technology if the hearing will be held through communication technology, and contain in type at least as large as the balance of the document the following or substantially similar language: “FAILURE TO APPEAR AT THE ADVISORY HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (THESE CHILDREN). IF YOU FAIL TO APPEAR ON THE DATE AND TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS NOTICE.”

(c) Constructive Service. Parties whose identities are known and on whom personal service of process cannot be effected must be served by publication as provided by law. The notice of action must contain the initials of the child and the child’s date of birth. There must be no other identifying information of the child in the notice of action. The notice of action must include the full name and last known address of the person subject to the notice. The notice of action must not contain the name or any other identifying information of the other parents or prospective parents who are not subject to the notice.

(d) Waiver of Service.

(1) Service of process may be waived, as provided by law, for persons who have executed a written surrender of the child to the department.

(2) Appearance of a person at the advisory hearing obviates the necessity of serving process on that person, and the court may proceed with the advisory hearing and any subsequently noticed hearing.