Termination of rights overturned on appeal-lack of notice

Posted on by mgoldberg
This entry was posted in Blog Posts, Family Law Blog Posts. Bookmark the permalink.

Father’s parental rights were terminated in 2008, but State failed to make diligent inquiry of current and last known address as required for serving father by publication. State and DCFS had additional knowledge that may have led them to contact information for father. Diligent inquiry of Section 2-16(2) of Juvenile Court Act requires a good-faith attempt at acquiring contact information for a parent, including inquiry about potential leads, and unequivocally requires a diligent inquiry whenever service by publication is used. State’s service by publication was defective, and thus court lacked personal jurisdiction over father for termination of his parental rights.