| D. Summons |
|
The
court
issues a summons after a petition is filed. Statutes and rules dictate procedures for serving
the summons and time
that must elapse before a hearing may be held on the petition. The summons gives the
date, time and place of
the court hearing.
|
| C.R.S. § 19-3-503(7) |
1.
D&N Cases
In D&N cases, a hearing on the petition must be set no sooner than five days after service of the summons and petition. However, jurisdiction is established if the respondent(s) is served not less than two days before the appearance hearing. |
| C.R.S. § 19-3-503(3) | The summons must require the person having physical custody of the child to appear. |
| C.R.S. § 19-3-503(4) | Any person the court deems necessary to the action may be summoned to appear and joined as a party. |
| C.R.S. § 19-3-503(2) | If respondent appears voluntarily, a summons is not required. |
| C.R.S. § 19-3-503(1) |
The
summons
must indicate the respondent’s constitutional and statutory rights and
indicate
that termination of parental rights is a possible remedy. If respondent is out of
state, the summons
may be served by certified mail.
|
| C.R.S. § 19-3-503(4) | In D&N cases, any party may request a subpoena for witnesses. |
| C.R.S. § 19-3-503(5) | A request may also be made that the person serving the summons take the child into temporary custody. |
| C.R.C.P. 107 |
The
court may
issue a contempt citation in response to a motion supported by
affidavit. A
hearing on the citation must be held no
sooner than twenty days after service of the citation.
|
| C.R.J.P. 3.8; 28 C.F.R. 31.303 |
In
a D&N
case, a hearing on the citation must be held no sooner than ten days
after
service of the citation. Under
federal
law, a child in a D&N case is considered a “nonoffender” and
may not be
held in a locked detention center for violating a court order.
|
| C.R.S. § 19-4-109(2) |
2.
Paternity and Support Cases
In paternity and support cases, a hearing on the petition must be set no sooner than ten days after service of the summons and petition. If the respondent is out of state, service may be by certified mail with proof of actual receipt of the summons. |
| C.R.J.P. 2.2; C.R.C.P. 4(g) |
If
the
respondent’s whereabouts are unknown, proof may be by publication in
the county
where the action is pending.
|
|
C.R.S. § 22-33-108(5) C.R.C.P. 4(b) C.R.S. § 19-1-104(1)(k). |
3.
Truancy Cases
In truancy cases, a hearing on the petition must be held no sooner than five days after service of the summons, petition and notice of the truancy action. |