§ 19-3-503 — Summons - issuance - contents - service

Colorado § 19-3-503

• Jurisdiction: Colorado
• Title 19: Children's
• Art.: Dependency and Neglect

Text

(1) After a petition has
been filed, the court shall promptly issue a summons reciting briefly the substance
of the petition. The summons shall also contain a statement, when appropriate, that
the termination of the parent-child legal relationship is a possible remedy under the
proceedings and shall set forth the constitutional and legal rights of the child, his
parents, guardian, or legal custodian, or any other respondent or special
respondent, including the right to have an attorney present at the hearing on the
petition.

(2) No summons shall issue to any respondent who appears voluntarily or
who waives service, but any such person shall be provided with a copy of the
petition and summons upon appearance or request.

(3) The summons shall require the person or persons having the physical
custody of the child to appear, and it may order the child to appear before the court
at a time and place stated. If the person or persons so summoned are not the
parents or guardian of the child, then a summons shall also be issued to the parents
or guardian, or both, notifying them of the pendency of the case and of the time and
place set for hearing.

(4) The court on its own motion or on the motion of any party may join as a
respondent or special respondent or require the appearance of any person it deems
necessary to the action and authorize the issuance of a summons directed to such
person. Any party to the action may request the issuance of compulsory process by
the court requiring the attendance of witnesses on his own behalf or on behalf of
the child.

(5) If it appears that the welfare of the child or of the public requires that the
child be taken into custody, the court may, by endorsement upon the summons,
direct that the person serving the summons take the child into custody at once.

(6) The court may authorize the payment of necessary travel expenses
incurred by persons summoned or otherwise required to appear, which payments
shall not exceed the amount allowed to witnesses for travel by the district court.

(7) Summonses shall be served personally, pursuant to the Colorado rules of
civil procedure. If personal service is used, it shall be sufficient to confer jurisdiction
if service is effected not less than two days before the time fixed in the summons
for the appearance of the person served; except that personal service shall be
effected not less than five days prior to the time set for a hearing concerning a
dependent or neglected child.

(8) If the respondent required to be summoned under subsection (3) of this
section cannot be found within the state, the fact of the child's presence in the
state shall confer jurisdiction on the court as to any absent respondent if due notice
has been given in the following manner:

(a) When the residence of the person to be served outside the state is known,
a copy of the summons and petition shall be sent by certified mail with postage
prepaid to such person at his place of residence with a return receipt requested.
Service of summons shall be deemed complete within five days after return of the
requested receipt.

(b) When the person to be served has no residence within Colorado and his
place of residence is not known or when he cannot be found within the state after
due diligence, service may be by publication pursuant to rule 4 (g) of the Colorado
rules of civil procedure; except that service may be by a single publication and must
be completed not less than five days prior to the time set for a hearing concerning a
dependent or neglected child.

Legislative History

Source: L. 87: Entire title R&RE, p. 780, � 1, effective October 1. L. 2019: (8)(b) amended, (SB 19-241), ch. 390, p. 3467, � 18, effective August 2.