Rule 4 - Notice of Adoption Proceeding; Serving the Notice and Initial Court Order; Serving Other Filings(a) NOTICE OF ADOPTION PROCEEDING.(1)In General. On the filing of a petition, the clerk must issue a notice of adoption proceeding.(2)Contents. A notice of adoption proceeding must be directed to the person to be served and must state:(A) the name of the court;(B) that a petition for adoption has been filed;(C) the initials and birthdate of the child who is the subject of the petition;(D) that the person has the right to seek custody or challenge the adoption;(E) the time and date when the person must appear;(F) the date by which the person must file a written objection;(G) that the person may consent to the adoption or relinquish the child to a licensed child-placing agency;(H) that counsel has been appointed for the person or the person may retain counsel to represent him or her in the proceedings; and(I) that if an adoption is granted, a parent's legal rights, responsibilities, and obligations with respect to the child will be terminated.(b) ISSUANCE OF COPY TO THE REPORTING AGENCY. The court must issue a copy of the notice of adoption proceeding and the initial court order to the reporting agency designated in Rule 3(c)(1).(c) SERVING THE NOTICE AND INITIAL COURT ORDER.(1)In General. Copies of the notice of adoption proceeding and initial court order, redacted in accordance with Rule 4.1, must be served on: (B) any person whose consent is required, unless the person has executed a written consent or relinquishment of parental rights or the person's parental rights have been terminated; and(2)By Whom. (A)When Consolidated with Neglect Case. When the adoption case has been consolidated with a pending neglect case under Rule 3(c)(3), the Mayor is responsible for serving the persons listed in Rule 4(c)(1).(B)Private Adoption: Service on Known Person. When the identity of a person to be served is known to the petitioner, the petitioner is responsible for serving that person.(C)Private Adoption: Service on Unknown Person. When the identity of a person to be served is unknown to the petitioner, the clerk is responsible for serving that person, but when service is made under Rule 4(c)(7), the petitioner is responsible for any associated service costs.(3)Method of Service. The notice of adoption proceeding and initial court order may be served on a person-other than a minor or an incompetent person-by: (A) registered mail, restricted delivery to the addressee only, return receipt requested;(B) personal delivery to the person, by an individual who is at least 18 years of age and not a party;(C) delivery to an agency authorized to receive service;(D) when authorized by the court, leaving a copy of each at the person's dwelling or usual place of abode with someone of suitable age and discretion who resides there;(E) when authorized by the court under Rule 4(c)(7)(A), posting or publishing the notice as described in Rule 4(c)(7)(B) or (C); or(F) when authorized by the court after diligent efforts to serve a known person in a manner prescribed in Rule 4(c)(3)(A)-(D), using any alternative method of service reasonably calculated to give actual notice of the proceedings to the person.(4)Concurrent or Successive Attempts. Service under Rule 4(c)(3)(A)-(D) may be attempted either concurrently or successively.(5)Serving a Minor or an Incompetent Person. A minor or an incompetent person must be served by following District of Columbia law (D.C. Code §§ 13-332 and -333 (2012 Repl.)) or the state law for serving like process on such an individual in an action brought in the courts of general jurisdiction of the state where service is made.(6)Serving Outside the District of Columbia. An individual who cannot be served in the District of Columbia may be served outside of the District of Columbia by following District of Columbia law or the state law for serving a summons in an action brought in the courts of general jurisdiction of the state where service is made.(7)Serving by Posting or Publication.(A)In General. The court may order service of the notice of adoption proceeding by posting or publication if: (i) a person, whose identity is known, cannot be found after diligent efforts; or(ii) the person is unknown and the reporting agency is not able to identify the person.(B)Manner of Posting. The notice must be posted by the clerk in the clerk's office for not less than 3 weeks or for a period otherwise ordered by the court.(C)Manner of Publication. On a showing that publication in a specified area may be effective to serve notice, the court may order publication of the notice in the specified area. The notice must be published in at least one newspaper or periodical that serves the specified area, at least once a week for 3 successive weeks or as otherwise ordered by the court.(8)Person Later Identified by the Reporting Agency. If, as required by Rule 3(c)(5), the reporting agency identifies a person whose consent is required, the notice of adoption proceeding and initial order must be served on that person in the manner required by Rule 4(c).(d) SERVING AND FILING PLEADINGS AND OTHER PAPERS. Unless a statute or these rules provide otherwise, each of the following papers must be filed and served on every party, in accordance with Civil Rule 5:(1) an order stating that service is required;(2) a pleading filed after the original petition, unless the court orders otherwise;(3) a discovery paper required to be served on a party, unless the court orders otherwise;(4) a written motion, except one that may be heard ex parte;(5) a report filed with the court, other than the Final Report; and(6) a written notice, appearance, or similar paper.(e) PROVING SERVICE.(1)Service by Registered Mail. If service is made by registered mail, the signed return receipt must be attached to an affidavit which must specifically state: (A) the caption and number of the case;(B) the name of the person who posted the registered letter;(C) the fact that the letter contained the notice of adoption proceeding and the initial order; and(D) the date when the notice was mailed.(2)Service by Delivery. If service is made by delivery, the return of service must be made under oath (unless service was made by the United States marshal or deputy United States marshal) and must specifically state:(A) the caption and number of the case;(B) the process server's name, residential or business address, and the fact that he or she is 18 years of age or older;(C) the date, time, and place when service was made;(D) the fact that the notice of adoption proceeding and the initial order were delivered; and(E) if service was made by delivery to a person other than the person named in the notice, then specific facts from which the court can determine that the person to whom process was delivered meets the appropriate qualifications for receipt of process set out in Rule 4(c)(3)(C) or (D).(3)Service by Posting or Publication. Proof of service by posting must be made by a docket entry stating the dates of posting. Proof of service by publication must be made by affidavit of an officer or agent of the publisher stating the dates of publication with an attached copy of the document as published.(4)Service Outside the District of Columbia. If service is made outside the District of Columbia, proof of service may be made by affidavit of the server or in the manner required by court order or the law of the place where service was made.(5)Service Under Civil Rule 5. If, under Rule 4(d), service is made in accordance with Civil Rule 5, proof of service may be made by: (A) written acknowledgment:(B) affidavit of the server;(C) certificate of a D.C. Bar member; or(D) other proof satisfactory to the court.COMMENT
The provisions addressing the order of reference, order for expedited response, consolidation order, and Section-304 order (formerly show cause order) have been moved to Rule 3(c). Rule 4 is now limited to service provisions. The rule has been expanded to include provisions for service on minors and incompetent persons under D.C. Code §§ 13332 and -333 (2012 Repl.) and to permit court authorization of an alternative method of service after a showing of diligent efforts to serve by the other methods.