§ 27-14.3-11 - Commencement of formal delinquency proceeding.
SECTION 27-14.3-11
§ 27-14.3-11 Commencement of formaldelinquency proceeding. – (a) Any formal delinquency proceeding against a person shall be commenced byfiling a petition in the name of the commissioner.
(b) The petition shall state the grounds upon which theproceeding is based and the relief requested, and may include a prayer forrestraining orders and injunctive relief as described in § 27-14.3-5.
(c) Any petition that prays for a temporary restraining ordermust be verified by the commissioner or his or her designee, but need not pleador prove irreparable harm or inadequate remedy by law. The commissioner shallprovide only that notice as the court may require.
(d) If any temporary restraining order is prayed for:
(1) The court may issue an initial order containing therelief requested;
(2) The order shall state the time and date of its issuance;
(3) The court shall set a time and date for the return ofsummons, not more than ten (10) days from the time and date of the issuance ofthe initial order, at which time the person proceeded against may appear beforethe court for a summary hearing;
(4) The order shall not continue in effect beyond the timeand date set for the return of summons, unless the court shall expressly enterone or more orders extending the restraining order; and
(5) The verified petition and the initial order shall befiled with the clerk of the court and maintained as confidential, except forgood cause shown, until personal service is made.
(e) If no temporary restraining order is requested, the courtshall cause summons to be issued. The summons shall specify a return date notmore than thirty (30) days after issuance and that an answer must be filed ator before the return date.