§ 12-15-318 — Service of Process

Alabama § 12-15-318

• Jurisdiction: Alabama
• Title 12: Courts
• Ch. 15: Juvenile Proceedings
• Art. 3: Dependency and Termination of Parental Rights

Text

(a) Except as otherwise provided by the Alabama Rules of Juvenile Procedure and this section, service of process of termination of parental rights actions shall be made in accordance with the Alabama Rules of Civil Procedure.
(b) If service of process has not been completed within 45 days of the filing of the termination of parental rights petition, the petitioner shall request service by publication.
(c) Service of process by publication may not be ordered by the juvenile court unless at least one of the following conditions is met:
(1) The child who is the subject of the proceedings was abandoned in the state, or
(2) The state or private department or agency having custody of the child has established, by evidence presented to the juvenile court, that the absent parent or parents are avoiding service of process or their whereabouts are unknown and cannot be ascertained with reasonable diligence.
(d) Service shall be made by publication in a newspaper of general circulation in the county of the juvenile court having jurisdiction and in the county of the last known address of the parent or parents of the abandoned child, at least once a week for four consecutive weeks.

Legislative History

(Acts 1984, No. 84-261, p. 442, §6; Act 97-851, p. 138, §1; §26-18-6; amended and renumbered by Act 2008-277, p. 441, §19; Act 2013-157, p. 297, §2.)