78A-6-351. Summons — Service and process — Issuance and contents — Notice to absent parent or guardian — Emergency medical or surgical treatment — Compulsory process for attendance of witnesses when authorized.
| (1) |
Terms Used In Utah Code 78A-6-351- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:Utah Code 68-3-12.5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means :Utah Code 68-3-12.5
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Summons: Another word for subpoena used by the criminal justice system.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
| (a) |
After a petition is filed in the juvenile court, the juvenile court shall promptly issue a summons, unless the juvenile court directs that a further investigation is needed. |
| (b) |
A summons is not required for a person who:
| (i) |
appears voluntarily; or |
| (ii) |
files a written waiver of service with the clerk of the court at or before the hearing. |
|
|
| (2) |
A summons under Subsection (1)(a) 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 allegations in 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) |
| (a) |
A summons under Subsection (1)(a) shall require:
| (i) |
a minor to appear personally in the juvenile court at a time and place stated; or |
| (ii) |
if a person who has physical custody of the minor, for the person to:
| (A) |
appear personally; and |
| (B) |
bring the minor before the court at a time and place stated. |
|
|
| (b) |
If the minor is a child and a person summoned is not the parent or guardian of the minor, the juvenile court shall issue the summons to the minor’s parent or guardian, as the case may be, notifying the parent or guardian of the pendency of the case and of the time and place set for the hearing. |
|
| (5) |
A summons may be issued requiring the appearance of any other person whose presence the juvenile court finds necessary. |
| (6) |
If it appears to the juvenile court that the welfare of the minor or of the public requires that the minor be taken into temporary custody under Section 80-6-201 or protective custody under Section 80-2a-202, and it does not conflict with Section 80-6-202, the court may by endorsement upon the summons direct that the person serving the summons take the minor into custody at once. |
| (7) |
| (a) |
Upon the sworn testimony of one or more reputable physicians, the juvenile court may order emergency medical or surgical treatment that is immediately necessary for a minor for whom a petition has been filed pending the service of summons upon the minor’s parent, guardian, or custodian. |
| (b) |
If the juvenile court orders emergency medical or surgical treatment:
| (i) |
if a petition for delinquency has been filed under Section 80-6-305, Subsection 80-6-706(4) shall apply to the juvenile court’s decision to order treatment; |
| (ii) |
if a petition has been filed under Section 80-3-201, Subsection 80-3-109(3) shall apply to the juvenile court’s decision to order treatment; or |
| (iii) |
if a petition has been filed under Section 80-4-201, Subsection 80-4-108(4) shall apply to the juvenile court’s decision to order treatment. |
|
|
| (8) |
| (a) |
A minor is entitled to the issuance of compulsory process for the attendance of witnesses on the minor’s own behalf. |
| (b) |
A minor’s parent or guardian is entitled to the issuance of compulsory process for the attendance of witnesses on the parent’s or guardian’s own behalf or on behalf of the minor. |
| (c) |
A guardian ad litem or a juvenile probation officer is entitled to compulsory process for the attendance of witnesses on behalf of the minor. |
|
| (9) |
Service of summons and process and proof of service shall be made in the manner provided in the Utah Rules of Juvenile Procedure. |
| (10) |
| (a) |
Service of summons or process shall be made by the sheriff of the county where the service is to be made, or by the sheriff’s deputy. |
| (b) |
Notwithstanding Subsection (10)(a), upon request of the juvenile court, service shall be made by any 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 to the person summoned, except that the parents of a child living together at the parents’ usual place of abode may both be served by personal delivery with one copy of the summons for each parent. |
| (12) |
| (a) |
If the juvenile court makes a written finding that the juvenile court has reason to believe that personal service of the summons will be unsuccessful, or will not accomplish notification within a reasonable time after issuance of the summons, the juvenile court 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 the person to be served in the state. |
| (b) |
Service is complete upon return to the juvenile court of the signed receipt. |
|
| (13) |
| (a) |
If the child’s parent or guardian required to be summoned under Subsection (4) cannot be found within the state, the fact of the child’s presence within the state shall confer jurisdiction on the juvenile court in proceedings in a child’s case as to any absent parent or guardian when:
| (i) |
the address of the parent or guardian is known, due notice is given by sending the parent or guardian a copy of the summons by registered mail with a return receipt to be signed by the addressee only, or by personal service outside the state, as provided in the Utah Rules of Juvenile Procedure; or |
| (ii) |
the address or whereabouts of the parent or guardian outside the state cannot after 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 is pending once a week for four successive weeks; or |
| (B) |
in accordance with Section 45-1-101 for four weeks. |
|
|
| (b) |
| (i) |
If service is by registered mail under Subsection (13)(a)(i), service is complete upon return to the juvenile court of the signed receipt. |
| (ii) |
If service is by publication under Subsection (13)(a)(ii), service is complete on the day of the last publication. |
|
| (c) |
Service of summons as provided in this Subsection (13) shall vest the court with jurisdiction over the parent or guardian served in the same manner and to the same extent as if the person served was served personally within the state. |
|
| (14) |
| (a) |
In the case of service in the state, service completed not less than 48 hours before the time set in the summons for the appearance of the person served, shall be sufficient to confer jurisdiction. |
| (b) |
In the case of service outside the state, service completed not less than five days before the time set in the summons for appearance of the person served, shall be sufficient to confer jurisdiction. |
|
| (15) |
Computation of periods of time under this chapter and Title 80, Utah Juvenile Code, shall be made in accordance with Utah Rules of Juvenile Procedure, Rule 4. |
Amended by Chapter 334, 2022 General Session
