Domestic Relations – Parent & Child – Termination of Parental Rights – Civil Practice – Personal Jurisdiction – Service of Process

Where the respondent-father was not personally served with process, and where the record contains no affidavit showing the circumstances warranting service by publication or showing DSS’s due diligence in attempting to locate respondent, the trial court lacked personal jurisdiction over respondent in this proceeding to terminate his parental rights.

We vacate the order terminating respondent’s parental rights.

Although counsel for DSS filed an “Affidavit of Service by Publication”, the affidavit merely identifies the affiant as DSS counsel and affirms that notice was run for three consecutive weeks in The Duplin County Times on the dates listed. The affidavit did not satisfy N.C. R. Civ. P. 4(j1) because it included no statement of facts regarding diligent attempts to locate respondent.

Furthermore, DSS adduced no evidence of its compliance with the rule at the termination hearing. Accordingly, the service of respondent by publication was invalid.

Respondent did not attend the termination hearing and did not otherwise make a general appearance in the proceeding. Although his appointed counsel was present at the calendar call, she was released by the trial court after she informed the court that her client was absent and that she had not been and could not get in touch with him. Counsel’s mere act of notifying the court of her client’s absence does not constitute a general appearance.

Vacated.

In re A.J.C. (Lawyers Weekly No. 011-200-18, 9 pp.) (John Arrowood, J.) Appealed from New Hanover County District Court (J.H. Corpening II, J.) No brief filed for DSS; Joanna Wade and Elizabeth Ireland for guardian ad litem; Joyce Terres for respondent. N.C. App.