§ 2-147. Notice of hearing to terminate parental rights.
A. A parent shall be given actual notice of any hearing to terminate such parent’s parental rights. The notice shall indicate the relief requested and the hearing shall not be held until at least ten (10) days after the receipt of notice, except with the consent of the parent, if known.
B. If the Court finds that the whereabouts of the parent cannot be ascertained, it may order that notice be given by publication and a copy mailed to the last known address of the parent. The notice shall be published once in a newspaper of general circulation in the jurisdiction and the hearing shall not be held for at least ten (10) days after the date of publication of the notice. Except as otherwise provided by subsection (C) of this section, if a parent has not received actual notice of the hearing at which he is deprived of his parental rights, the order depriving him of those rights shall not become final for a period of six months after the hearing. Nothing in this section shall prevent the Court from immediately taking custody of a child and ordering whatever action may be necessary to protect his health or welfare.
C. For the purpose of terminating the parental rights of a father or putative father of a child born out of wedlock, who has not prior to the commencement of a proceeding to terminate parental rights to such child exercised parental rights and duties, shall not be deemed to have parental rights to such child. The father or putative father shall be entitled to notice and an opportunity to be heard pursuant to this section, except that the Court may:
1. Waive notice to a putative father whose identity is unknown to the mother of the child born out of wedlock and the mother of the child signs a sworn statement before the Court that the identity of the father or putative father of the child is unknown and the Court is satisfied, after inquiry into the matter, that his identity is unknown and with due diligence could not be determined; the wilful and deliberate falsification of said sworn statement shall be perjury and shall, upon conviction, be punishable as otherwise provided by law;
2. When the identity of the father or putative father of a child born out of wedlock is known but his whereabouts are unknown and the Court, after inquiry, is satisfied that after diligent search his whereabouts remains unknown, order that notice be given by publication as provided in subsection (B) of this section and a copy mailed to the last known address, if known, of such father or putative father. When notice is given by publication, the order terminating parental rights shall not become final for a period of fifteen (15) days from the date of the order.