2005 Idaho Code - 16-1611 — SUMMONS

                                  TITLE  16
                             JUVENILE PROCEEDINGS
                                  CHAPTER 16
                             CHILD PROTECTIVE ACT
    16-1611.  SUMMONS. (1) After a petition has been filed, the clerk of the
court may issue a summons requiring the person or persons who have custody of
the child to bring the child before the court at the adjudicatory hearing held
in accordance with section 16-1619, Idaho Code. Each parent or guardian shall
also be notified in the manner hereinafter provided of the pendency of the
case and the time and place set for the hearing. A summons shall be issued and
served requiring the appearance of each parent and legal guardian, and a
summons may be issued and served for any other person whose presence is
required by the child, either of his parents or guardian or any other person
whose presence, in the opinion of the court, is necessary.
    (2)  A copy of the petition shall be attached to each summons.
    (3)  The summons shall notify each of the parents, guardian or legal
custodian of their right to retain and be represented by counsel. Each parent
or legal guardian of each child named in the petition shall be notified by the
court of the case and of the time and place set for the hearing.
    (4)  If based on facts presented to the court, it appears that the court
has jurisdiction upon the grounds set forth in section 16-1603, Idaho Code,
and that the child should be removed from his present condition or
surroundings because continuation in such condition or surroundings would be
contrary to the welfare of the child and vesting legal custody with the
department or other authorized agency would be in the child's best interests,
the court may so order by endorsement upon the summons. The endorsement shall
specifically state that continuation in the present condition or surroundings
is contrary to the welfare of the child and shall require a peace officer or
other suitable person to take the child at once to a place of shelter care
designated by the authorized agency which shall provide shelter care for the
child.
    (5)  If it appears that the child is safe in his present condition or
surroundings and it is not in his best interest to remove him at this time,
the court may issue a protective order based on an affidavit pending the
adjudicatory hearing. If the child is in joint custody, the protective order
shall state with specificity the rights and responsibilities of each parent.
Each parent shall be provided with a copy of the protective order.