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Child Protective Act Summons And Endorsement On Summons Form. This is a Idaho form and can be use in District Court Statewide.
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Tags: Child Protective Act Summons And Endorsement On Summons, Idaho Statewide, District Court
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
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:
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.:
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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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.:
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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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.:
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