A. After a petition has been filed, summonses shall be issued and served pursuant to children's court rule.
B. The summons shall require the persons to whom directed to appear personally before the court at the time fixed by the summons to answer the allegations of the petition. The summons shall advise the parties of their right to counsel under the Children's Code and shall have attached to it a copy of the petition.
C. The court may endorse upon the summons an order directing the parent, guardian, custodian or other person having the physical custody or control of the child to bring the child to the hearing.
D. If it appears from any sworn statement presented to the court that the child needs to be placed in detention, the judge may endorse on the summons an order that an officer serving the summons shall at once take the child into custody and take the child to the place of detention designated by the court, subject, however, to all of the provisions of the Children's Code relating to detention criteria and post-detention proceedings and the rights of the child in regard thereto.
E. A party other than the child may waive service of summons by written stipulation or by voluntary appearance at the hearing. If the child is present at the hearing, the child's counsel, with the consent of the parent, guardian or custodian, may waive service of summons in the child's behalf.
History: 1978 Comp., § 32A-1-12, enacted by Laws 1993, ch. 77, § 21; 1995, ch. 206, § 6.
ANNOTATIONSCross references. — For rule governing summons in the Children's Court, see Rule 10-103 NMRA.
The 1995 amendment, effective July 1, 1995, in Subsection A, substituted "and served pursuant to children's court rule" for specific directions for proper service.
Decisions under prior law. — In light of the similarity of the provisions, annotations decided under former Section 32-1-20 NMSA 1978 have been included in the annotations to this section.
Age reference is to years of age, not mental age. — The numerous references to age in the Children's Code are references to years of age, not mental age. State v. Doe, 1982-NMCA-028, 97 N.M. 598, 642 P.2d 201, cert. denied, 98 N.M. 50, 644 P.2d 1039.
Children's court attorney provides notice. — A fair implication from the Children's Code's structure and language, especially in light of the customary practice of law, is that the children's court attorney who files the petition bears the burden of providing notice to the parties. Martinez v. Mafchir, 35 F.3d 1486 (10th Cir. 1994).
Law reviews. — For survey, "Children's Court Practice in Delinquency and Need of Supervision Cases Under the New Rules," see 6 N.M.L. Rev. 331 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Juvenile Courts and Delinquent and Dependent Children § 36 et seq.
43 C.J.S. Infants §§ 93, 99.