Rule 5:9A-2. Filing and Service

(a) An action seeking the establishment of a kinship legal guardianship relationship pursuant to N.J.S.A. 3B:12A-1 et seq. (L. 2001, c. 250) shall proceed in accordance with the act and with procedures and forms promulgated by the Administrative Director of the Courts.

(b) Except as provided in paragraph (c) of this rule, service of process in kinship legal guardianship proceedings shall be in accordance with R. 5:4-4(b) or pursuant to court order in accordance with R. 4:4-4(b)(3).

(c) If, pursuant to N.J.S.A. 30:4C-87, the Division of Youth and Family Services ("Division") seeks kinship legal guardianship as an alternative disposition to a complaint initiated by the Division pursuant to N.J.S.A. 9:6-8.21 or N.J.S.A. 30:4C-15, the Division shall not be required to file a new petition, but may amend the pending complaint in accordance with the Rules of Court. When it appears to the court by Affidavit of Diligent Inquiry filed in the action initiated by the Division that any proper party, including a legal or putative parent, cannot be located, the court shall assume jurisdiction and proceed to hear the matter summarily pursuant to R. 5:12-2. It shall be sufficient to serve parties in default by certified and regular mail at their last known address.