Section 1360. Adjudicatory Summons

A. Summons. The court shall issue a summons compelling all parties to appear for the adjudicatory hearing.

B. Order appearance. The court may order the person having the physical custody or control of the child to bring the child to the hearing.

C. Requirements. The summons shall:

1) be in writing;

2) set forth the date, time, and place of the adjudicatory hearing;

3) instruct the child and the guardian about their rights to counsel, and if the child’s guardian is without financial resources or otherwise unable to employ counsel, the right to assigned counsel;

4) give a warning stating that the failure to appear for the hearing may result in arrest; and

5) include a copy of the petition unless the petition has been previously served.

Comment

Section 6335 of the Juvenile Act provides that the court is to direct the issuance of a summons to the parent, guardian, or other custodian, a guardian ad litem, and any other persons as appear to the court to be proper and necessary parties to the proceedings. It also provides for ordering the person having the physical custody or control of the child to bring the child to the proceeding. 42 Pa.C.S. § 6335. Pursuant to Rule 1361, all parents and relatives providing care for the child are to receive notice of the hearing. Under paragraph (A), the custodial guardian is to receive a summons.

Other persons may be subpoenaed to appear for the hearing. See 42 Pa.C.S. § 6333.

Section 6335(a) of the Juvenile Act requires a copy of the petition to accompany the summons. 42 Pa.C.S. § 6335(a). Under paragraph (C)(5), a petition is to be included with the summons and served pursuant to Rule 1363 unless the petition has already been served pursuant to Rule 1331. See Rule 1800 for suspension of 42 Pa.C.S. § 6335, only to the extent that it conflicts with this rule.

See Rule 1128 for presence at proceedings. See Rule 1124 for general summons procedures.

Official Note

Rule 1360 adopted August 21, 2006, effective February 1, 2007.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 1360 published with the Court’s Order at 36 Pa.B. 5599 (September 2, 2006).