Kelley v. Licensed Foster Parents

This is the second time this sensitive matter has been before this Court. In Ex Parte Shuttleworth, 410 So.2d 896 (Ala.1981), three issues were presented:(1) Whether an unwed father was entitled to notice of a proceeding to terminate parental rights; and, if so(2) Was proper notice extended to the father in this case?

We held that the unwed father was entitled to notice and that he had not been afforded proper notice in this case in that Rule 4.1(c)(2), Alabama Rules of Civil Procedure, was not complied with.

The third issue addressed but not decided was whether the unwed father had knowingly…