Rule 3.802. Manner and Method of Service

(A) Service of Documents.

(1) A notice of intent to release or consent pursuant to MCL 710.34(1) may only be served by personal service by a peace officer or a person authorized by the court.

(2) Notice of a petition to identify a putative father and to determine or terminate his rights, or a petition to terminate the rights of a parent under MCL 710.51(6), must be served on the individual or the individual's attorney in the manner provided in:

(a) MCR 2.107(C)(1) or (2), or

(b) MCR 2.105(A)(2), but service is not made for purpose of this subrule until the individual or the individual’s attorney receives the notice or petition.

(3) Notice of Proceeding Concerning Indian Child. If the court knows or has reason to know an Indian child is the subject of an adoption proceeding and an Indian tribe does not have exclusive jurisdiction as defined in MCR 3.002(6),

(a) in addition to any other service requirements, the petitioner shall notify the parent or Indian custodian and the Indian child’s tribe, by personal service or by registered mail with return receipt requested and delivery restricted to the addressee, of the pending proceedings on a petition for adoption of the Indian child and of their right of intervention on a form approved by the State Court Administrative Office. If the identity or location of the parent or Indian custodian, or of the Indian child’s tribe, cannot be determined, notice shall be given to the Secretary of the Interior by registered mail with return receipt requested.

(b) the court shall notify the parent or Indian custodian and the Indian child’s tribe of all other hearings pertaining to the adoption proceeding as provided in this rule. If the identity or location of the parent or Indian custodian, or of the tribe, cannot be determined, notice of the hearings shall be given to the Secretary of the Interior. Such notice may be made by first-class mail.

(4) Except as provided in subrules (B) and (C), all other documents may be served by mail under MCR 2.107(C)(3), e-mail under MCR 2.107(C)(4), or electronic service under MCR 1.109(G)(6)(a).

(B) Service When Identity or Whereabouts of Father are Unascertainable

(1) If service cannot be made under subrule (A)(2) because the identity of the father of a child born out of wedlock or the whereabouts of the identified father has not been ascertained after diligent inquiry, the petitioner must file proof of the efforts made to identify or locate the father in a statement verified under MCR 1.109(D)(3). No further service is necessary before the hearing to identify the father and to determine or terminate his rights.

(2) At the hearing, the court shall take evidence concerning the attempt to identify or locate the father. If the court finds that a reasonable attempt was made, the court shall proceed under MCL 710.37(2). If the court finds that a reasonable attempt was not made, the court shall adjourn the hearing under MCL 710.36(7) and shall

(a) order a further attempt to identify or locate the father so that service can be made under subrule (A)(2)(a), or

(b) direct any manner of substituted service of the notice of hearing except service by publication.

(C) Service When Whereabouts of Parent are Unascertainable. If service of a petition to terminate the parental rights of a parent pursuant to MCL 710.51(6) cannot be made under subrule (A)(2) because the whereabouts of that parent have not been ascertained after diligent inquiry, the petitioner must file proof of the efforts made to locate that parent in a statement verified under MCR 1.109(D)(3). If the court finds, on reviewing the statement, that service cannot be made because the whereabouts of the person have not been determined after reasonable efforts, the court may direct any manner of substituted service of the notice of hearing, including service by publication.

(D) Service by Publication.

(1) Requirements. A notice of hearing or other notice required to be made by publication must be published in a newspaper as defined by MCR 2.106(F) at least one time 21 days before the date of the hearing. Publication shall be in the county in which the court is located.

(2) Contents of Notice. The published notice must include the name of the individual to whom the notice is given, a statement describing the nature of the hearing, and a statement that the result of the hearing may affect the individual’s interest in the matter, including possible termination of parental rights.

(3) Service of Notice. A copy of the notice shall be mailed to the individual to whom the notice is given at his or her last known address. If the last known address of the individual cannot be ascertained after diligent inquiry, mailing a copy of the notice is not required.

(4) Proof of service under this subrule shall be made according to MCR 2.106(G).