2006 Code of Virginia § 16.1-263 - Summonses

16.1-263. Summonses.

A. After a petition has been filed, the court shall direct the issuance ofsummonses, one directed to the juvenile, if the juvenile is twelve or moreyears of age, and another to at least one parent, guardian, legal custodianor other person standing in loco parentis, and such other persons as appearto the court to be proper or necessary parties to the proceedings. Thesummons shall require them to appear personally before the court at the timefixed to answer or testify as to the allegations of the petition. Where thecustodian is summoned and such person is not a parent of the juvenile inquestion, a parent shall also be served with a summons. The court may directthat other proper or necessary parties to the proceedings be notified of thependency of the case, the charge and the time and place for the hearing.

Any such summons shall be deemed a mandate of the court, and willful failureto obey its requirements shall subject any person guilty thereof to liabilityfor punishment for contempt. Upon the failure of any person to appear asordered in the summons, the court shall immediately issue an order for suchperson to show cause why he should not be held in contempt.

B. The summons shall advise the parties of their right to counsel as providedin 16.1-266. A copy of the petition shall accompany each summons for theinitial proceedings. The summons shall include notice that in the event thatthe juvenile is committed to the Department or to a secure local facility, atleast one parent or other person legally obligated to care for and supportthe juvenile may be required to pay a reasonable sum for support andtreatment of the juvenile pursuant to 16.1-290. Notice of subsequentproceedings shall be provided to all parties in interest. In all cases wherea party is represented by counsel and counsel has been provided with a copyof the petition and due notice as to time, date and place of the hearing,such action shall be deemed due notice to such party, unless such counsel hasnotified the court that he no longer represents such party.

C. The judge may endorse upon the summons an order directing a parent orparents, guardian or other custodian having the custody or control of thejuvenile to bring the juvenile to the hearing.

D. A party, other than the juvenile, may waive service of summons by writtenstipulation or by voluntary appearance at the hearing.

E. No such summons or notification shall be required if the judge shallcertify on the record that (i) the identity of a parent or guardian is notreasonably ascertainable or (ii) in cases in which it is alleged that ajuvenile has committed a delinquent act, crime, status offense or trafficinfraction or is in need of services or supervision, the location, or in thecase of a parent or guardian located outside of the Commonwealth the locationor mailing address, of a parent or guardian is not reasonably ascertainable.An affidavit of the mother that the identity of the father is not reasonablyascertainable shall be sufficient evidence of this fact, provided there is noother evidence before the court which would refute such an affidavit. Incases referred to in clause (ii), an affidavit of a law-enforcement officeror juvenile probation officer that the location of a parent or guardian isnot reasonably ascertainable shall be sufficient evidence of this fact,provided that there is no other evidence before the court which would refutethe affidavit.

(Code 1950, 16.1-166, 16.1-172; 1956, c. 555; 1974, c. 620; 1975, c. 128;1977, c. 559; 1978, cc. 613, 740; 1996, cc. 755, 914; 1997, c. 441; 1999, c.952; 2004, c. 573.)