2005 Idaho Code - 16-1612 — SERVICE OF SUMMONS -- TRAVEL EXPENSES -- NECESSARY WITNESSES

                                  TITLE  16
                             JUVENILE PROCEEDINGS
                                  CHAPTER 16
                             CHILD PROTECTIVE ACT
    16-1612.  SERVICE OF SUMMONS -- TRAVEL EXPENSES -- NECESSARY WITNESSES.
(1) Service of summons shall be made personally by delivery of an attested
copy thereof to the person summoned; provided that if the court is satisfied
that it is impracticable to serve personally such summons or the notice
provided for in the preceding section, he may order service by registered mail
addressed to the last known address, or by publication thereof, or both. It
shall be sufficient to confer jurisdiction if service is effected at least
forty-eight (48) hours before the time fixed in the summons for the hearing.
    (2)  When publication is used the summons shall be published once a week
for two (2) consecutive weeks in a newspaper of general circulation in the
county; such newspaper to be designated by the court in the order for
publication of the summons, and such publication shall have the same force and
effect as though such person had been personally served with said summons.
    (3)  Service of summons, process or notice required by this chapter shall
be made by the sheriff or other person appointed by the court, and a return
must be made on the summons showing that service has been made.
    (4)  The court may authorize payment of any necessary travel expenses
incurred by any person summoned or otherwise required to appear at the hearing
of any case  coming within the purview of this chapter, and such expenses when
approved by the court shall be a charge upon the county, except that not more
than five (5) witnesses on behalf of any parent or guardian may be required to
attend such hearing at the expense of the county.
    (5)  The court may summon the appearance of any person whose presence is
deemed necessary as a witness.
    (6)  The child, each of his parents, guardian or custodian shall be
notified as soon as practicable after the filing of a petition and prior to
the start of a hearing of their right to be represented by counsel.
    (7)  If any person summoned as herein provided shall, without reasonable
cause, fail to appear, the court may proceed in such person's absence or such
person may be proceeded against for contempt of court.
    (8)  Where the summons cannot be served, or the parties served fail to
obey the same, or in any case when it shall be made to appear to the court
that the service will be ineffectual, or that the welfare of the child
requires that he be brought forthwith into the custody of the court, a warrant
or capias may be issued for the parent, guardian or the child.