Section 12-15-318 Service of process. - Alabama Statutes

Section 12-15-318

Service of process.

(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 90 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 the following conditions are met:

(1) The child who is the subject of the proceedings was abandoned in the state.

(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.

(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.)