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Order Holding That Previous Posting Is Service Form. This is a District Of Columbia form and can be use in Superior Court Statewide.
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SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
FAMILY COURT
DOMESTIC RELATIONS BRANCH – ADOPTION
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EX PARTE IN THE MATTER OF
THE PETITION OF
FOR ADOPTION OF
MINOR CHILD(REN)
ADOPTION CASE NO. A-
JUDGE RONNA LEE BECK
LIMITED CONSOLIDATION WITH
IN THE MATTER OF
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DOB:
RESPONDENT(S)
NEGLECT CASE NO. NSOCIAL FILE NO.
NEGLECT REVIEW CALENDAR
JUDGE
ORDER HOLDING THAT PREVIOUS POSTING IS SERVICE
This matter is before the Court upon consideration of petitioner’s motion to treat
the previous posting in this case, pursuant to the court’s Order, as service by posting
on: _______________________________________________________________.
The petitioner contends that the Diligent Search Unit of the Child and Family
Services Agency has been unable to serve the above-referenced person, despite
diligent efforts. The Affidavit or Affidavits of the assigned Diligent Search investigator,
filed in the case jacket and incorporated here by reference, list the steps that were taken
to locate the person.
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The Superior Court Adoption Rules require that service of the Notice of Adoption
and Order to Show Cause shall be made on each party and on any other person whose
consent to the adoption is necessary and who has not executed a written consent to the
adoption or a relinquishment of parental rights or had his or her parental rights
terminated. Super. Ct. Adoption R. 4(d). Superior Court Adoption Rule 4(e)(3)
authorizes posting under certain circumstances:
Upon a determination that [personal service] will not be effective, the Court may
order posting or publication of the notice. Where the subject of an adoption
petition has been adjudicated to be neglected pursuant to D.C. Code Ann. § 162301 et seq., or in other cases as ordered by the Court, service may be made by
posting of the notice by the Clerk in the Domestic Relations Clerk’s Office for not
less than 14 days or for a period otherwise ordered by the Court..
Super. Ct. Adoption R. 4(e)(3).
When determining whether personal service will be effective, the Court must
assess whether the child-placing agency made diligent efforts. The Court of Appeals
has held that a showing of diligent but futile efforts to ascertain the whereabouts of the
defendant is a prerequisite to an order substituting constructive service for personal
service. Bearstop v. Bearstop, 377 A.2d 405, 408 (D.C. 1977). “It is only when the
serving party is unable to effect personal service that provisions for other types of notice
to a parent concerning proceedings to terminate the parent-child relationship may be
given.” In re E.S.N, 446 A.2d 16,17 (D.C. 1982).
Posting in this case is authorized by Super. Ct. Adoption R. 4(e)(3) because the
child has been adjudicated neglected. Moreover, the Court of Appeals has approved
the posting of notice in certain circumstances where a parent cannot be located. In re
E.S. N., 446 A.2d at 18. Posting is appropriate in this case, where the person cannot be
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located and apparently has not had a relationship with the child for a significant amount
of time.
WHEREFORE, it is this
day of
, 2004,
hereby
ORDERED that petitioner’s motion to treat the previous posting in this case as
service on _____________________________________________is GRANTED.
_____________________________
JUDGE RONNA LEE BECK
(Signed in Chambers)
Copies to:
Parties in Open Court
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