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Service of Process Issues and Practice in Juvenile Court

Service of Process Issues and Practice in Juvenile Court. Chuck Frye Staff Attorney, Davidson County DSS March 8, 2006.

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Service of Process Issues and Practice in Juvenile Court

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  1. Service of ProcessIssues and Practice in Juvenile Court Chuck Frye Staff Attorney, Davidson County DSS March 8, 2006

  2. “A common problem in abuse and neglect cases is the difficulty of locating parents who have a right to notice, particularly absent fathers. Thus, the right to notice may require unusually thorough attempts to notify the parents. Judges may become involved to a greater extent than in most litigation in ensuring that sufficient attempts have been made to locate the parents.” Child Abuse and Neglect Litigation, a Manual for Judges, U.S. Department of Health and Human Services (1981).

  3. G.S. § 7B-407 Service of Summons • Service per Rule 4(j) • Served on parent, guardian, custodian or caretaker • Served not less than 5 days before hearing

  4. Rule 4(j) Service of Process • Personal delivery • Delivery to person at respondent’s usual abode • Registered or certified mail • Designated delivery service

  5. 1. Service by Personal Delivery • In North Carolina- by Sheriff of County • Outside North Carolina- by authorized summons server or by anyone over 21 not a party

  6. 2. Service by Delivery to Person Residing at Respondent’s Usual Abode • Leave summons and petition with person other than respondent • Person must be “of suitable age and discretion” • Person must live with respondent

  7. 3. Service by Registered or Certified Mail • Mail copy of summons and petition certified or registered mail • Return receipt requested • To party to be served

  8. 4. Service by Designated Delivery Service • Fed Ex, UPS, or DHL only • Requirements similar to service by mail

  9. Service by Publication • “Due diligence” required for other service options • Publish once a week for 3 successive weeks • Publish in newspaper where party located or where action is pending

  10. G.S. § 7B-1104. Service in Termination of Parental Rights Matters • If name or address of parent is unknown efforts to determine identity or whereabouts of respondent must be alleged. • Court has not formulated a “restrictive mandatory checklist” to satisfy due diligence.

  11. G.S. § 7B-1105 Hearing to Identify Unknown Parent • If name or identity unknown, hearing must be conducted within ten days of filing of petition. • If court is unable to ascertain identity or name of unknown parent, court will order publication of notice of TPR proceeding.

  12. Diligent Efforts to Locate Absent Parent

  13. Contact Information: Chuck Frye Davidson County DSS 336-236-3008 336-249-1924 (fax) cfrye@co.davison.nc.us

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