Florida Rules of Juvenile Procedure
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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
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;
(7) the guardian ad litem for the child or the
representative
of the guardian ad litem program, if the
program has been appointed;
(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 shall notify the required persons of the filing
of the petition and must contain in type at least as
large as the balance of the document the following or
substantially similar language:
“FAILURE TO PERSONALLY 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 shall be served by publication as
provided by law. The notice of action shall contain
the initials of the child and the child’s date of birth.
There shall be no other identifying information of the
child in the notice of action. The notice of action shall
include the full name and last known address of the
person subject to the notice. The notice of action shall
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. Service of process may
be waived, as provided by law, for persons who
have executed a written surrender of the child to the
department.
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