Section 1363. Service of Summons

A. Method of Service. The summons shall be served:

1) in-person; or

2) by certified mail, return receipt and first-class mail.

B. Time of Service.

1) Child in custody. If the child is in protective custody, the summons shall be served no less than seven days prior to the adjudicatory hearing.

2) Child not in custody. If the child is not in protective custody, the summons shall be served no less than fourteen days prior to the adjudicatory hearing.

C. Proof of service. Affidavit of service shall be filed prior to the adjudicatory hearing.

D. Efforts Made to Serve. In the absence of an affidavit of service under paragraph (C), the serving party shall advise the court of what efforts were made to notify a person. The court may proceed to a hearing upon a showing of reasonable efforts to locate and notify all persons pursuant to Rule 1360.

Comment

Pursuant to Rule 1360, all parties are to be served a summons. Pursuant to Rule 1361, the attorneys, the parents, child’s foster parent, preadoptive parent, and relative providing care for the child are to receive notice.

A copy of the petition is to be included with the summons unless the petition has already been served pursuant to Rule 1331. See Rule 1360 (C)(5).

Official Note

Rule 1363 adopted August 21, 2006, effective February 1, 2007.

Committee Explanatory Reports:

Final Report explaining the provisions of Rule 1363 published with the Court’s Order at 36 Pa.B. 5599 (September 2, 2006).