RULE 5. SUMMONS
(1) The court must direct the issuance of a summons to the parents, guardian, or other custodian, guardian ad litem, and any other persons who are proper or necessary parties to the proceeding, requiring them to appear before the court at the time fixed to answer the allegations of the petition. The summons must also be directed to the child if the child is 14 or more years of age or is alleged to be a delinquent or unruly child.
(2) A copy of the petition must accompany the summons unless the summons is served by publication, in which case the published summons must indicate the general nature of the allegations and where a copy of the petition can be obtained.
(3) The court may order the parents, guardian, or other custodian of the child to appear personally at the hearing and direct the person who has physical custody or control of the child to bring the child to the hearing. The order must include the address of the facility where the hearing will be held.
(b) Immediate Custody Order. If it appears from an affidavit filed or from sworn testimony before the court that the conduct, condition, or surroundings of the child are endangering the child's health or welfare or those of others, or that the child may leave or be removed from the jurisdiction of the court or will not be brought before the court, notwithstanding the service of the summons, the court may order a law enforcement officer to serve the summons and take the child into immediate custody and bring the child before the court.
(c) Right to Counsel. The summons must state that a party is entitled to counsel in the proceedings.
(d) Waiver of Service. A party, other than the child, may waive service of summons by written stipulation or by voluntary appearance at the hearing. If the child is present at the hearing, the child's counsel, parent, guardian, or other custodian, or guardian ad litem, may waive service of summons in the child's behalf.
(e) Hearing Without Parental Service. When a child is in detention or shelter care and good cause is shown why service was not completed upon an absent or noncustodial parent, the court may proceed with the hearing on the petition in order to comply with statutory time limitations.
Counsel may be provided at public expense for indigent parties under N.D.C.C. § 27-20-26.
SOURCES: Juvenile Policy Board Minutes of February 20, 2009; December 5, 2008; August 8, 2008; May 9, 2008; February 29, 2008; September 21, 2007; April 20, 2007. Joint Procedure Committee Minutes of May 21-22, 2009.
SUPERSEDED: N.D.C.C. § 27-20-22.
CONSIDERED: N.D.C.C. § 27-20-26.