38-1533


      38-1533.   Summons; persons upon whom served; form. (a) Persons upon whom served. The summons and a copy of the petition shall be served on the child alleged to be a child in need of care by serving the guardian ad litem appointed for the child, the parents or parent having legal custody or who may be ordered to pay child support by the court, the person with whom the child is residing and any other person designated by the county or district attorney. A copy of the petition and notice of hearing shall be mailed by regular mail, to the child's grandparents with whom the child does not reside.

      (b)   Form of summons. The summons shall be issued by the clerk, dated the day it is issued, contain the name of the court and the caption of the case and be in substantially the following form:

(Name of Court)

In the Interest of ______________________     Case No. __________

                        (Name[s])
Date of birth __________________
Each a child under 18 years of age
S U M M O N S
TO:
       (Names)          (Relationship)       (Addresses)
   ___________________   ______________   _____________________
   ___________________   ______________   _____________________
   ___________________   ______________   _____________________
   ___________________   ______________   _____________________

      A petition has been filed in this court, a copy of which is attached.

      On ________, 19__, at ______ o'clock __m. the above parent(s), and any other person having legal custody are required to appear before this court at _________, or prior to that time file your written response to the petition with the clerk of this court.

      Failure to respond or to appear before the court at the above time will not prevent the court from entering judgment that each child is a child in need of care if it finds judgment should be granted and removing the child from the custody of parent, parents or any other present legal custodian until the further order of the court. The court may order one or both parents to pay child support. If, after a child has been adjudged to be a child in need of care, the court finds a parent or parents to be unfit, the court may make an order permanently terminating the parent's or parents' parental rights.

      ____________, an attorney, has been appointed as guardian ad litem for the child or children. Each parent or legal custodian has the right to appear and be heard personally either with or without an attorney. The court will appoint an attorney for any parent who is financially unable to hire one.

Date _________, 19__                  Clerk of the District Court
                                      by ________________________
      (Seal)





      History:   L. 1982, ch. 182, § 29; L. 1983, ch. 140, § 24; L. 1992, ch. 312, § 6; L. 2000, ch. 171, § 83; July 1.