Idaho > Statewide > District Court > Child Protection Act
Child Protective Act Summons And Endorsement On Summons - Idaho
| Child Protective Act Summons And Endorsement On Summons Form. This is a Idaho form and can be used in Child Protection Act District Court Statewide . |
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CPA Summons and Endorsement IN THE DISTRICT COURT OF THE ^^^^^ JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ^^^^^ IN THE INTEREST OF: ) Case No. ) ) CHILD PROTECTIVE ACT SUMMONS ) AND ENDORSEMENT ON ) [AND ENDORSEMENT ON ) [A Child][Children] Under Eighteen ) Years of Age ) THE STATE OF IDAHO SENDS GREETINGS TO: [name] [ address] YOU ARE HEREBY NOTIFIED THAT: A petition, a copy of which is attached, has been filed in the above-entitled matter in the magistrates division of the district court of ____________ County, Idaho, by the [prosecuting attorney][attorney general], alleging that the above-named child comes within the purview of the Child Protective Act, and You, the person(s) who has/have the custody or control of said child, are hereby directed to appear personally and bring said shelter care hearing] [adjudicatory hearing] at the __________ County Courthouse, ______ [address], _____ [city], Idaho, on _____ [date], at _____ [time]. You are hereby notified that service of the attached petition upon you, as the parent(s), guardian, or custodian of this child, does confer the personal jurisdiction of the court upon you and does subject you to the provisions of the Child Protective Act. You are notified, if any person summoned as herein provided shall, without reasonable cause, fail to appear, the court my proceed in sua ch persons absence or such person may be proceeded against for contempt of court. You are notified that the parent(s), guardian, or custodian may be financially liable for the support and/or treatment of the child. You are further notified that the child and the parent(s), guardian, or custodian have the right to be represented by an attorney of your choosing, or if financially unable to pay, have the right to have an attorney appointed by the court to represent the child or the parent(s), guardian, or custodian at county expense. If you request to have an attorney appointed at county expense, you must appear before the court at the address given above, at least two (2) days, excluding weekends and holidays, before the date of the hearing given above, at ________ [time], at which time the court shall consider CHILD PROTECTIVE ACT SUMMONS [AND ENDORSEMENT] PAGE 1 <<<<<<<<<********>>>>>>>>>>>>> 2appointment of an attorney for the child and inquire whether the parent(s), guardian, or custodian require the separate appointment of an attorney. You are further notified that there shall be a rebuttable presumption that if a child is placed in the custody of the departmend want a s also placed in out of the home care for a period not less than fifteen (15) out of the last twenty-two (22) months from the date of adjudication, the department shall initiate a petition for termination of parental rights. This presumption may be rebutted by a finding of the court that the filing of a petition for termination of parental rights would not be in the best interests of the child or reasonable efforts have not been provided to reunite the child with his family, or the child is placed permanently with a relative. WITNESS MY HAND AND SEAL of said Magistrate Court this ____ day of __________, 20____. CLERK OF THE DISTRICT COURT by __________________ Deputy Clerk MENT ON SUMMONS It is contrary to the welfare of the child [children] to remain in the childs [childrens] present condition or surroundings, and it is in the best interest of the child [children] to place the child [children] in the legal custody of the Idaho Department of Health and Welfare until the shelter care hearing. This finding is made based on the for Endorsement on Summons, and the Affidavit attached to and incorporated in the [Petition][Motion], that have been filed in this case. IT IS HEREBY ORDERED that a peace officer or other authorized person promptly take [child(ren)s name(s)] to an authorized place of shelter care until the shelter care hearing. (The date, time and place of the shelter care hearing is stated above.) DATED this ____ day of _______________, 20___. _________________________ inform ation set forth in [the verified Petit STATE OF IDAHO ) ) ss. COUNTY OF __________ ) CHILD PROTECTIVE ACT SUMMONS [AND ENDORSEMENT] PAGE 2 <<<<<<<<<********>>>>>>>>>>>>> 3 I HEREBY CERTIFY AND RETURN that I have received the above Summons and copy of the petition in the above-entitled matter on the ________ day of ________ , 19____ , and personally served the same on ____________ by delivering to ____________ in ____________ County, state of Idaho, a copy of said Summons duly attested by the clerk of the above-entitled court, together with a copy of the petition. DATED this ________ day of ________ , 20____. by __________________ [Deputy Marshal/Deputy Sheriff] NOTES: 1. The Summons and Endorsement are governed by Idaho Code 16-1606, IJR 32 and 34. The form of the summons is set forth in the statute. 2. The Summons and Endorsement are discussed in the Idaho Child Protection Manual at III.A.2 and III.B.2. 3. The hearing on the Endorsement may be the first hearing sanctioning removal of the child from the home. As such Idaho Code 16-1606(d) and Federal law, 45 CFR 1356.21 require the court to make a case-specific finding, documented in the court record, that it is contrary to the welfare of the child to leave the child in the home, and in the best interest of the child to place the child in the custody of the agency. This finding must be made in the first order sanctioning removal of the child from the home. Failure to make this finding will result in the loss of federal funding for the child. Failure to make this finding cannot be corrected later to make the child eligible for the funding. The finding cannot be a simple recitation of the language of the statute because the finding must be case-specific. It can, however, be based on information documented in the court record, such as the verified petition and supporting affidavits. If the information supporting the finding is submitted in the formof testim ony, rather than affidavit, then the court must make case-specific findings based on the testimony, and those findings must be documented in a court order or in a transcript of the hearing. The best practice is to document the information in the verified petion or in supporting affidavits attached to ti and incorporated in the petition. Last Updated May 21, 2002. Click http://www2.state.id.us/judicial/material.h for tm updates CHILD PROTECTIVE ACT SUMMONS [AND ENDORSEMENT] PAGE 3
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