2005 Vermont Code - § 5519. — Date of hearing on the petition; summons

§ 5519. Date of hearing on the petition; summons

(a) At the time of the filing of the petition, or the effecting of the transfer under section 5505 of this title, the court shall fix a time for a hearing thereon, which, if the child is in detention or shelter care, shall not be later than fifteen days after the filing thereof, and shall by order direct the issuance of a summons addressed to the parents, guardian, custodian, relative or person described in a petition pursuant to section 5518 of this title, the state's attorney having jurisdiction, the commissioner of social and rehabilitation services in the event the petition alleges that a child is in need of care or supervision, the commissioner of corrections in the event the petition alleges delinquency, and such other persons as appear to the court to be proper or necessary parties to the proceedings, requiring them to appear before the court at the time fixed to answer the allegations of the petition. A copy of the petition, if one is filed, shall accompany the summons.

(b) The court shall endorse upon the summons an order directing the parents, guardian, custodian, relative or person referred to above to appear personally at the hearing and in the case of an allegation that a child is in need of care of supervision under subdivision (C) of section 5502(a)(12) of this title shall, and in the case an allegation that a child is in need of care or supervision under subdivisions (A) and (B) of section 5502(a)(12) of this title may, direct any person having the custody or control of the child to bring the child to the hearing.

(c) The summons shall state that each party to the proceeding is entitled to counsel in the proceedings and that the court will appoint counsel under the conditions prescribed by law.

(d) If the petition alleges under oath that the conduct, condition or surroundings of the child are endangering his health or welfare or those of others, or that he may leave or be removed from the jurisdiction of the court or will not be brought to the court, notwithstanding the service of the summons, the court may endorse upon the summons an order that a law enforcement officer shall serve the summons and shall take the child into immediate custody and bring him forthwith to the court under the provisions of section 5510 of this title, provided, however, that in such event no notice need be given under section 5513 of this title. An order of the court under subsection (d) of this section shall, however, constitute an order filed, under section 5513 of this title, for the purposes of the holding of a detention hearing and the disposition thereof under section 5515 of this title.

(e) A party may waive service of summons by written stipulation or by voluntary appearance at the hearing. (1967, No. 304 (Adj. Sess.), § 17; amended 1973, No. 152 (Adj. Sess.), § 9, eff. April 14, 1974; No. 246 (Adj. Sess.), § 10.)