In re Alice D.

Summary

The Illinois Appellate Court, Fifth District, held that the circuit court lacked personal jurisdiction over a biological father when it terminated his parental rights by default after service by publication. The State failed to conduct the diligent inquiry required before publication, including following available leads concerning the identity of unknown fathers. The court reversed the denial of the father’s motion to vacate the termination order and remanded for further proceedings.

Holdings

1. Merely asking the mother to identify possible fathers did not constitute the diligent inquiry required for service by publication. The State and child-welfare agencies were required to pursue available leads, including information in agency and court files, the Putative Father Registry, and relatives who might identify the unknown father.
2. The circuit court lacked personal jurisdiction over Michael J. because the State failed to conduct the diligent inquiry necessary to support service by publication. The resulting default order terminating his parental rights was void ab initio.
3. When a section 2-1401 petition challenges a void order, the petitioner need not establish a meritorious defense or due diligence; the allegation that the order is void substitutes for and negates those requirements.

Questions Presented

1. Whether the State conducted the diligent inquiry required before serving an unknown father by publication in a proceeding terminating parental rights.
2. Whether the circuit court obtained personal jurisdiction over Michael J. when it entered the default order terminating the parental rights of any and all unknown fathers.
3. Whether a section 2-1401 petitioner challenging a void parental-rights termination order must establish a meritorious defense and due diligence.

Disposition

reversed_and_remanded