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The
Motion for Order of Notice (DCF-2010)
shall be used for a parent or guardian whose current identity or
address is unknown.
The
motion seeks the courts permission to place a legal advertisement in a
daily newspaper in the locality of the parent or guardians last known
address for purposes of notifying the missing parent or guardian of the
pending petition.
This
motion requires the name and address of a newspaper and a proposed date of
publication, and shall be signed by the Program Supervisor, as the duly
authorized agent of the Commissioner.
An
affidavit of diligent search must be filed with a motion for order of
notice.
The
original and one copy of the motion and diligent search affidavit shall be
sent to the court, and copies shall be sent to all attorneys in the case,
if any. A copy shall be filed in the legal section of the childs
Uniform Case Record.
Publication
shall not be made until the court grants the motion.
The
Social Worker shall obtain a certified copy of the legal advertisement
with an affidavit of publication and shall return it to the court. The
judge cannot make a finding of adequate notice to the parent or guardian
without these documents.
A separate motion is filed for each parent with an
unknown address.
Cross-Reference:
46-3-30.12, Publication in Newspaper. |