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Rule 18. Summons; service ofprocess; notice.

(a)Summons. Upon the filing of a petition, the clerk, unless otherwise directed bythe court, shall schedule an initial hearing in the case.

(1) Summonsmay be issued by the petitioning attorney. If the petitioning attorney does notissue a summons, summons shall be issued by the clerk in accordance withSection 78A-6-109. The summons shall conform to the format prescribed by theserules.

(2) Contentof the summons.

(A) Abuse,neglect, and dependency cases. The summons shall contain the name and addressof the court, the title of the proceeding, the type of hearing scheduled, andthe date, place and time of the hearing. It shall state the time within whichthe respondent is required to answer the petition, and shall notify therespondent that in the case of the failure to do so, judgment by default may berendered against the respondent. It shall also contain an abbreviated referenceto the substance of the petition.

(B) Othercases. The summons shall contain the name and address of the court, the titleof the proceeding, the type of hearing scheduled, and the date, place and timeof the hearing. It shall also contain an abbreviated reference to the substanceof the petition. In proceedings against an adult pursuant to Section78A-6-1001, the summons shall conform to the Utah Rules of Criminal Procedureand be issued by the prosecuting attorney.

(3) Thesummons shall be directed to the person or persons who have physical care,control or custody of the minor and require them to appear and bring the minorbefore the court. If the person so summoned is not the parent, guardian orcustodian of the minor, a summons shall also be issued to the parent, guardianor custodian. If the minor or person who is the subject of the petition hasbeen emancipated by marriage or is 18 years of age or older at the time thepetition is filed, the summons may require the appearance of the minor only,unless otherwise ordered by the court. In neglect, abuse and dependency cases,unless otherwise directed by the court, the summons shall not require theappearance of the subject minor.

(4) Nosummons shall be necessary as to any party who appears voluntarily or who filesa written waiver of service with the clerk prior to or upon appearance at thehearing.

(b)Service.

(1) Exceptas otherwise provided by these rules or by statute, service of process andproof of service shall be made by the methods provided in Utah Rule of CivilProcedure 4. Service of process shall be made by the sheriff of the countywhere the service is to be made, by a deputy, by a process server, or by anyother suitable person appointed by the court. However, when the court sodirects, an agent of the Department of Human Services may serve process in acase in which the Department is a party. A party or party's attorney may serveanother party at a court hearing. The record of the proceeding shall reflectthe service of the document and shall constitute the proof of service.

(2)Personal service may be made upon a parent, guardian or custodian and upon aminor in that person's legal custody by delivering to a parent, guardian orcustodian a copy of the summons with a copy of the petition attached. If a minoris in the legal custody or guardianship of an agency or person other than aparent, service shall also be made by delivering to the legal custodian a copyof the summons with a copy of the petition attached and notice shall be givento the parent as provided in paragraph (d). Service upon a minor who hasattained majority by marriage as provided in Utah Code Ann. Section 15-2-1 orupon court order shall be made in the manner provided in the Utah Rules ofCivil Procedure.

(3) (A)Service may be made by any form of mail requiring a signed receipt by theaddressee. Service is complete upon return to court of the signed receipt.

(B)Service of process may be made by depositing a copy thereof in the UnitedStates mail addressed to the last known address of the person to be served. Anyperson who appears in court in response to mailed service shall be consideredto have been legally served.

(4) In anyproceeding wherein the parent, guardian or custodian cannot after the exerciseof reasonable diligence be located for personal service, the court may proceedto adjudicate the matter subject to the right of the parent, guardian orcustodian to a rehearing, except that in certification proceedings broughtpursuant to Section 78A-6-703 and in proceedings seeking permanent terminationof parental rights, the court shall order service upon the parent, guardian orcustodian by publication. Any rehearing shall be requested by written motion.

(5)Service shall be completed at least 48 hours prior to the adjudicatory hearing.If the summons is for the permanent termination of parental rights, serviceshall be completed at least ten days before the adjudicatory hearing. If thesummons is for a substantiation proceeding, service shall be completed at leastforty-five days before the adjudicatory hearing.

(c)Service by publication. Service by publication shall be authorized by theprocedure and in the form provided by the Juvenile Court Act and Utah Rule ofCivil Procedure 4 except that within the caption and the body of any publisheddocument, children shall be identified by their initials and respective birthdates, and not by their names. The parents, parent, or guardian of each childshall be identified as such using their full names within the caption of anypublished document.

(d)Notice.

(1) Noticeof the time, date and place of any further proceedings, after an initialappearance or service of summons, may be given in open court or by mail to anyparty. Notice shall be sufficient if the clerk deposits the notice in theUnited States mail, postage pre-paid, to the address provided by the party incourt or the address at which the party was initially served, or, if the partyhas agreed to accept service by email, sends notice to the email addressprovided by the party.

(2) Noticefor any party represented by counsel shall be given to counsel for the partythrough either mail, notice given in open court, or by email to the email address on file with theUtah State Bar.

(e)Additional parties. Whenever it appears to the court that a person who is notthe parent, guardian or custodian should be made subject to the jurisdictionand authority of the court in a minor's case, upon the motion of any party orthe court's own motion, the court may issue a summons ordering such person toappear. Upon the appearance of such person, the court may enter an order makingsuch person a party to the proceeding and may order such person to comply withreasonable conditions as a part of the disposition in the minor's case. Uponthe request of such person, the court shall conduct a hearing upon the issue ofwhether such person should be made a party.

(f)Service of pleadings and other papers.?Except as otherwise provided by these rules or by statute, service ofpleadings and other papers not requiring a summons shall be made by the methodsprovided in Utah Rule of Civil Procedure 5, except that service to the emailaddress on file with the Utah State Bar is sufficient service to an attorneyunder this rule, whether or not anattorney agrees to accept service by email.

(g) Accessto the Juvenile Court?s Court and Agency Records Exchange (C.A.R.E.) for eFiling documents does not constitute an electronic filingaccount as referenced in the Rules of Civil Procedure.? eFiling in C.A.R.E.does not constitute service upon a party.

URJP18

AdvisoryCommittee Notes

Thepresent law is silent on the matter of service on the minor who is the subjectof a petition. This rule continues the current practice of requiring serviceonly on the parent, guardian or custodian having legal custody.

EffectiveDate November 1, 2017