COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : CPA Summons and Endorsement JUDICIAL SUBPOENA Plaintiff(s) IN THE DISTRICT COURT OF THE ^^^^^ JUDICIAL DISTRICT OF -against: THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ^^^^^ : ) Case No. ) : ) CHILD PROTECTIVE ACT SUMMONS Defendant(s) ) [AND ENDORSEMENT ON : ...................................................... ) SUMMONS] ) [A Child][Children] Under Eighteen ) THE PEOPLE OF THE STATE OF NEW YORK ) Years of Age IN THE INTEREST OF: TO THE STATE OF IDAHO SENDS GREETINGS TO: [name] [address] YOU ARE HEREBY NOTIFIED THAT: GREETINGS: A petition, a copy of which is attached, has been filed in the above-entitled matter in the magistrates division that all district courtexcuses being laid aside, you and each ofthe attend before of the business and of ____________ County, Idaho, by you WE COMMAND YOU, [prosecuting attorney][attorney general], alleging that the above-named child comes , the Honorable at the Court within located at County of the purview of the Child Protective Act, and in room , on the day of , 20 , at o'clock in the noon, and at any recessed You, the person(s) who has/have the custody or action on the part of the or adjourned date, to testify and give evidence as a witness in this control of said child, are hereby directed to appear personally and bring said child before this court for a [shelter care hearing] [adjudicatory hearing] at the __________ County Courthouse, ______ [address], _____ [city], Idaho, on _____ [date], at _____ [time]. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whoseare hereby notified that service for the attached penalty of $50 you,all damages sustained as a You behalf this subpoena was issued of a maximum petition upon and as the result of your failure to comply. 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. Witness, Honorable , one of the Justices of the Court in day of , 20 You areCounty, if any person summoned as herein provided shall, without notified, reasonable cause, fail to appear, the court may proceed in such person's absence or such person may be proceeded against for contempt of court. (Attorney must sign above and type name below) You are notified that the parent(s), guardian, or custodian may be financially liable for the support and/or treatment of the child. Attorney(s) for 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 Office and P.O. Address 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 Telephone No.: Facsimile No.: E-Mail Address: Mobile CHILD PROTECTIVE ACT SUMMONS [AND ENDORSEMENT] Tel. No.: PAGE 1 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. appointment of an attorney for the child and inquire whether the parent(s), guardian, or : custodian require the separate appointment of an attorney. JUDICIAL SUBPOENA Plaintiff(s) -against- : You are further notified that there shall be a rebuttable presumption that if a child is placed in the custody of the department and was 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 Defendant(s) 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 THE PEOPLE OF THE STATE OF NEW YORK of said Magistrate Court this ____ day of __________, 20____. TO CLERK OF THE DISTRICT COURT by __________________ Deputy Clerk GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of [ ENDORSEMENT ON SUMMONS20 in room , on the day of , , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the It is contrary to the welfare of the child [children] to remain in the child’s [children’s] 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 Your failure to comply the this subpoena is punishable as a contempt of based on the Health and Welfare until withshelter care hearing. This finding is made court and will make you liable to the party on whoseset forth in subpoena was Petition Under the Child Protective Act][the Motion sustained as a information behalf this [the verified issued for a maximum penalty of $50 and all damages result of your failure to comply. for Endorsement on Summons, and the Affidavit attached to and incorporated in the [Petition][Motion], that have been filed in this case. Witness, Honorable , one of the Justices of the Court in County, day of , 20 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 (Attorney must sign above and type name below) above.) DATED this ____ day of _______________, 20___. Attorney(s) for _________________________ MAGISTRATE JUDGE STATE OF IDAHO ) ) ss. ] Office and P.O. Address COUNTY OF __________ ) Telephone No.: Facsimile No.: E-Mail Address: Mobile CHILD PROTECTIVE ACT SUMMONS [AND ENDORSEMENT] Tel. No.: PAGE 2 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : I HEREBY CERTIFY AND RETURN that I have received the above Summons JUDICIAL SUBPOENA Plaintiff(s) and copy of the petition in the above-entitled matter on the ________ day of ________ , -against: 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____. Defendant(s) : ...................................................... by __________________ [Deputy Marshal/Deputy Sheriff] THE PEOPLE OF THE STATE OF NEW YORK TO 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. GREETINGS: 2. The Summons and Endorsement are discussed in the Idaho Child Protection Manual WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before at §§ III.A.2 and III.B.2. , the Honorable at the Court located at County of 3. sanctioning in room The hearing on the Endorsement may be20 first hearingo'clock in the removal of theat any recessed , on the day of , the , at noon, and child from the home. As such Idaho as a § 16-1606(d) and Federal law, 45 CFR § or adjourned date, to testify and give evidenceCodewitness in this action on the part of the 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 Your failure to comply order sanctioning removal of as child from the home. will make must be made in the first with this subpoena is punishablethe a contempt of court and Failure you liable to the party on whose findingthis subpoena was issued for a maximum penalty of $50 and all damages sustained as a to make this behalf will result in the loss of federal funding for the child. Failure to result of your failure to comply. 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 Witness, be case-specific. It can, however, be based on information documented in , one of the Justices of the finding mustHonorable Courtthe court record, such as the verified petition and supporting affidavits. If the information in County, day of , 20 supporting the finding is submitted in the form of testimony, 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(Attorneyhearing.above and type name below) of the must sign The best practice is to document the information in the verified petition or in supporting affidavits attached to and incorporated in the petition. Attorney(s) for Last Updated May 21, 2002. Click http://www2.state.id.us/judicial/material.htm for updates Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile CHILD PROTECTIVE ACT SUMMONS [AND ENDORSEMENT] Tel. No.: PAGE 3 American LegalNet, Inc. www.USCourtForms.com