Colorado § 19-2.5-501 - Summons - issuance - contents - service - legislative declaration.

§ 19-2.5-501. Summons - issuance - contents - service - legislative declaration.

(1) After a petition has been filed, the court shall promptly issue a summons reciting briefly the substance of the petition. The summons must also state, in a separate box, in bold, and in capitalized letters, the following text, inserting the telephone number and address of the local office of the state public defender and the internet website address of the state public defender, as indicated:

1. YOU HAVE THE RIGHT TO HAVE YOUR OWN LAWYER HELP YOU AT YOUR HEARING.

2. YOU MAY BE ELIGIBLE FOR THIS LAWYER AT NO CHARGE.

3. TO FIND OUT IF YOU ARE ELIGIBLE, YOU OR YOUR PARENT, GUARDIAN, OR LEGAL CUSTODIAN SHOULD CALL THE OFFICE OF THE STATE PUBLIC DEFENDER AT __________, VISIT THE OFFICE OF THE STATE PUBLIC DEFENDER AT __________, OR VISIT THE STATE PUBLIC DEFENDER'S WEBSITE AT __________.

4. YOU ARE MORE LIKELY TO HAVE A FREE LAWYER PRESENT AT YOUR HEARING IF YOU OR YOUR PARENT, GUARDIAN, OR LEGAL CUSTODIAN CALLS OR VISITS THE OFFICE OF THE STATE PUBLIC DEFENDER AT LEAST FIVE DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE YOUR HEARING.

(2) A summons must not issue to any juvenile or respondent who appears voluntarily, or waives service, or has promised in writing to appear at the hearing, but any such person must be provided with a copy of the petition and summons upon appearance or request.

(3) (a) The court may, when the court determines that it is in the best interests of the juvenile, join the juvenile's parent or guardian and the person with whom the juvenile resides, if other than the juvenile's parent or guardian, as a respondent to the action and shall issue a summons requiring the parent or guardian and the person with whom the juvenile resides, if other than the juvenile's parent or guardian, to appear with the juvenile at all proceedings pursuant to this article 2.5 that involve the juvenile. If the juvenile's parent or guardian cannot be found, the court, in its discretion, may proceed with the case without the presence of the parent or guardian. For the purposes of this section and section 19-2.5-611, "parent" is defined in section 19-1-103. This subsection (3) does not apply to any person whose parental rights have been terminated pursuant to the provisions of this title 19 or the parent of an emancipated minor. For the purposes of this section, "emancipated minor" has the same meaning as set forth in section 13-21-107.5.

(b) The general assembly declares that every parent or guardian whose juvenile is the subject of a juvenile proceeding pursuant to this article 2.5 shall attend any such proceeding.

(c) A parent or legal guardian of a juvenile who is the subject of a juvenile proceeding shall complete the relative information form described in section 19-2.5-1404 (1)(b)(VIII) no later than seven business days after the hearing or prior to the juvenile's next hearing, whichever occurs first.

(4) The summons must require the person or persons having the physical custody of the juvenile, if other than a parent or guardian, to appear and to bring the juvenile before the court at a time and place stated not more than thirty-five days after issuance of the summons.

(5) The court on its own motion or on the motion of any party may join as a 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 the party's own behalf or on the juvenile's behalf.

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

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

(8) (a) A summons issued pursuant to this section may be served in the same manner as the summons in a civil action or by mailing the summons to the juvenile's last-known address by certified mail with return receipt requested not less than seven days prior to the time the juvenile is requested to appear in court. Service by mail is complete upon return of the receipt signed by the juvenile, the juvenile's parents, guardian, legal custodian, physical custodian, or spousal equivalent as defined in section 19-1-103.

(b) Service upon the parent, guardian, legal custodian, or physical custodian who has physical care of a juvenile of a summons that contains wording commanding the parent, guardian, legal custodian, or physical custodian to produce the juvenile in court constitutes valid service compelling the attendance of both the juvenile and the juvenile's parent, guardian, legal custodian, or physical custodian in court. In addition, service of a summons as described in this subsection (8)(b) compels the juvenile's parent, guardian, legal custodian, or physical custodian either to make all necessary arrangements to ensure that the juvenile is available to appear before the court or to appear in court and show good cause for the juvenile's failure to appear.

(9) If the juvenile's parents, guardian, or other legal custodian required to be summoned pursuant to subsection (4) of this section cannot be found within the state, the fact of the juvenile's presence in the state confers jurisdiction on the court as to any absent parent, guardian, or legal custodian.

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

(11) Repealed.

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 594, § 2, effective October 1. L. 2022: (11) repealed, (SB 22-018), ch. 191, p. 1274, § 7, effective July 15.

Editor's note: This section is similar to former § 19-2-514 as it existed prior to 2021.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

Parents named as parties in a juvenile delinquency proceeding do not have a due process right to participate in the adjudicative proceedings. Few due process rights are implicated in the child's delinquency proceedings beyond notice of the charges when custody is not an issue. People ex rel. J.P.L., 214 P.3d 1072 (Colo. App. 2009).

This section deals solely with jurisdiction over the person, and does not concern itself with jurisdiction of the subject matter. Davis v. Dist. Court, 161 Colo. 559, 423 P.2d 846 (1967).

"Legal custodian" does not encompass a state agency or employee thereof to which a delinquent child has been committed. People v. McAnally, 192 Colo. 12, 554 P.2d 1100 (1976).

Voluntary appearance waives defective service. A party who appears in the action and voluntarily proceeds with it waives any defect in service of summons. Davis v. Dist. Court, 161 Colo. 559, 423 P.2d 846 (1967).

Proceedings defective where service did not comply with section. Where the record fails to show that notice of hearing was served on parents in delinquency proceedings against a minor in juvenile court, such proceedings were defective. Martinez v. People, 150 Colo. 374, 372 P.2d 947 (1962).

Applied in Rose v. People, 111 Colo. 220, 139 P.2d 261 (1943).