RULE 8.505. 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.