78A-6-109 - Summons -- Service and process -- Issuance and contents -- Notice to absent parent or guardian -- Emergency medical or surgical treatment -- Compulsory process for attendance of witnesses
78A-6-109. Summons -- Service and process -- Issuance and contents -- Notice toabsent parent or guardian -- Emergency medical or surgical treatment -- Compulsoryprocess for attendance of witnesses when authorized.
(1) After a petition is filed the court shall promptly issue a summons, unless the judgedirects that a further investigation is needed. No summons is required as to any person whoappears voluntarily or who files a written waiver of service with the clerk of the court at or priorto the hearing.
(2) The summons shall contain:
(a) the name of the court;
(b) the title of the proceedings; and
(c) except for a published summons, a brief statement of the substance of the allegationsin the petition.
(3) A published summons shall state:
(a) that a proceeding concerning the minor is pending in the court; and
(b) an adjudication will be made.
(4) The summons shall require the person or persons who have physical custody of theminor to appear personally and bring the minor before the court at a time and place stated. If theperson or persons summoned are not the parent, parents, or guardian of the minor, the summonsshall also be issued to the parent, parents, or guardian, as the case may be, notifying them of thependency of the case and of the time and place set for the hearing.
(5) Summons may be issued requiring the appearance of any other person whosepresence the court finds necessary.
(6) If it appears to the court that the welfare of the minor or of the public requires that theminor be taken into custody, the court may by endorsement upon the summons direct that theperson serving the summons take the minor into custody at once.
(7) Subject to Subsection 78A-6-117(2)(n)(iii), upon the sworn testimony of one or morereputable physicians, the court may order emergency medical or surgical treatment that isimmediately necessary for a minor concerning whom a petition has been filed pending theservice of summons upon the minor's parents, guardian, or custodian.
(8) A parent or guardian is entitled to the issuance of compulsory process for theattendance of witnesses on the parent's or guardian's own behalf or on behalf of the minor. Aguardian ad litem or a probation officer is entitled to compulsory process for the attendance ofwitnesses on behalf of the minor.
(9) Service of summons and process and proof of service shall be made in the mannerprovided in the Utah Rules of Civil Procedure.
(10) Service of summons or process shall be made by the sheriff of the county where theservice is to be made, or by his deputy; but upon request of the court service shall be made byany other peace officer, or by another suitable person selected by the court.
(11) Service of summons in the state shall be made personally, by delivering a copy tothe person summoned; provided, however, that parents of a minor living together at their usualplace of abode may both be served by personal delivery to either parent of copies of thesummons, one copy for each parent.
(12) If the judge makes a written finding that he has reason to believe that personalservice of the summons will be unsuccessful, or will not accomplish notification within areasonable time after issuance of the summons, he may order service by registered mail, with a
return receipt to be signed by the addressee only, to be addressed to the last-known address of theperson to be served in the state. Service shall be complete upon return to the court of the signedreceipt.
(13) If the parents, parent, or guardian required to be summoned under Subsection (4)cannot be found within the state, the fact of their minor's presence within the state shall conferjurisdiction on the court in proceedings in a minor's case under this chapter as to any absentparent or guardian, provided that due notice has been given in the following manner:
(a) If the address of the parent or guardian is known, due notice is given by sending hima copy of the summons by registered mail with a return receipt to be signed by the addresseeonly, or by personal service outside the state, as provided in the Utah Rules of Civil Procedure. Service by registered mail shall be complete upon return to the court of the signed receipt.
(b) (i) If the address or whereabouts of the parent or guardian outside the state cannotafter diligent inquiry be ascertained, due notice is given by publishing a summons:
(A) in a newspaper having general circulation in the county in which the proceeding ispending once a week for four successive weeks; and
(B) in accordance with Section 45-1-101 for four weeks.
(ii) Service shall be complete on the day of the last publication.
(c) Service of summons as provided in this subsection shall vest the court withjurisdiction over the parent or guardian served in the same manner and to the same extent as ifthe person served was served personally within the state.
(14) In the case of service in the state, service completed not less than 48 hours beforethe time set in the summons for the appearance of the person served, shall be sufficient to conferjurisdiction. In the case of service outside the state, service completed not less than five daysbefore the time set in the summons for appearance of the person served, shall be sufficient toconfer jurisdiction.
(15) Computation of periods of time under this chapter shall be made in accordance withthe Utah Rules of Civil Procedure.
Amended by Chapter 388, 2009 General Session