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S.D. Codified Laws § 26-7A-44
South
Dakota Codified Laws
Title
26. Minors
Chapter
26-7A. Juvenile Court
§ 26-7A-44. Summons--Unknown
parties--Contents
Upon
the filing of the petition, the court, the clerk of the court, or the
prosecuting attorney shall issue a summons stating the time, date, and
place for the hearing on the petition that is directed to the child's
parents, guardian, or custodian, if any. If the petition declares the
parties are unknown, then to "All Whom It May Concern" is sufficient
to authorize the court to hear and determine the action as though the
parties had been described by their proper names. The summons shall:
(1)
Require the persons named in it to appear, either in person or by attorney,
at a stated time, date, and place and to respond to the petition and shall
advise the persons named that failure to appear is an admission to the
allegations contained in the petition;
(2)
State that the persons named and the child who is the subject of the petition
have the right to an attorney at all stages of the proceedings;
(3)
If the petition alleges the child to be an abused or neglected child,
include a statement that the termination of parental rights is a possible
remedy under the proceeding. The summons may not require the child to
personally appear unless otherwise required by the court;
(4)
If the petition alleges the child to be a child in need of supervision
or a delinquent child, require the parents or the party having custody
of the child to appear, either in person or by attorney, with the child
at the time, date, and place stated in the summons; and
(5)
If the petition alleges the Indian Child Welfare Act to be applicable,
so state and give appropriate notice accordingly.
Source:
SDC 1939, § 43.0306; SL 1973, ch 163, § 6; SL 1981, ch 202;
SL 1991, ch 217, § 55B; SDCL, § 26-8-13; SL 1995, ch 149; SL
2004, ch 179, § 1.
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