{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-263.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-263.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-263.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-263.html"}],"law_id":56254,"edition_id":1,"section_id":56254,"structure_id":14663,"section_number":"16.1-263","catch_line":"Summonses","history":"Code 1950, \u00a7\u00a7 16.1-166, 16.1-172; 1956, c. 555; 1974, c. 620; 1975, c. 128; 1977, c. 559; 1978, cc. 613, 740; 1996, cc. 755, 914; 1997, c. 441; 1999, c. 952; 2004, c. 573; 2016, c. 626; 2021, Sp. Sess. I, c. 283; 2025, c. 531.","full_text":"A\n\nAfter a petition has been filed, the court shall direct the issuance of summonses, one directed to the juvenile, if the juvenile is 12 or more years of age, except for juveniles whose custody, visitation, or support is a subject of controversy or requires determination pursuant to subdivision A 3 of &#xA7; 16.1-241, and another to at least one parent, guardian, legal custodian, or other person standing in loco parentis, and such other persons as appear to the court to be proper or necessary parties to the proceedings.\n\t\t\tAfter a petition has been filed in cases involving custody or visitation of a juvenile pursuant to subdivision A 3 of &#xA7; 16.1-241, the court may direct the issuance of a summons to the juvenile for any hearing to adjudicate or dispose of such petition (i) on its own motion or (ii) upon request of any party to such petition.\n\t\t\tAfter a petition has been filed in cases solely involving support of a juvenile pursuant to subdivision A 3 of &#xA7; 16.1-241, the court may direct the issuance of a summons to the juvenile (a) on its own motion or (b) for good cause shown by the party requesting the issuance of such summons.\n\t\t\tAfter a petition has been filed against an adult pursuant to subsection C or D of &#xA7; 16.1-259, the court shall direct the issuance of a summons against the adult.\n\t\t\tThe summons shall require them to appear personally before the court at the time fixed to answer or testify as to the allegations of the petition. Where the custodian is summoned and such person is not a parent of the juvenile in question, a parent shall also be served with a summons. The court may direct that other proper or necessary parties to the proceedings be notified of the pendency of the case, the charge and the time and place for the hearing.\n\t\t\tAny such summons shall be deemed a mandate of the court, and willful failure to obey its requirements shall subject any person guilty thereof to liability for punishment for contempt. Upon the failure of any person to appear as ordered in the summons, the court shall immediately issue an order for such person to show cause why he should not be held in contempt.\n\t\t\tThe parent, guardian, legal custodian, or other person standing in loco parentis shall not be summoned to appear or be punished for failure to appear in cases of adults who are brought before the court pursuant to subsection C or D of &#xA7; 16.1-259 unless such person is summoned as a witness.B\n\nThe summons shall advise the parties of their right to counsel as provided in &#xA7; 16.1-266. A copy of the petition shall accompany each summons for the initial proceedings. The summons shall include notice that in the event that the juvenile is committed to the Department or to a secure local facility, at least one parent or other person legally obligated to care for and support the juvenile may be required to pay a reasonable sum for treatment of the juvenile pursuant to &#xA7; 16.1-290. Notice of subsequent proceedings shall be provided to all parties in interest. In all cases where a party is represented by counsel and counsel has been provided with a copy of the petition and due notice as to time, date, and place of the hearing, such action shall be deemed due notice to such party, unless such counsel has notified the court that he no longer represents such party.C\n\nThe judge may endorse upon the summons an order directing a parent or parents, guardian, or other custodian having the custody or control of the juvenile to bring the juvenile to the hearing.D\n\nA party, other than the juvenile, may waive service of summons by written stipulation or by voluntary appearance at the hearing.E\n\nNo such summons or notification shall be required if the judge shall certify on the record that (i) the identity of a parent or guardian is not reasonably ascertainable or (ii) in cases in which it is alleged that a juvenile has committed a delinquent act, crime, status offense, or traffic infraction or is in need of services or supervision, the location, or in the case of a parent or guardian located outside of the Commonwealth the location or mailing address, of a parent or guardian is not reasonably ascertainable. An affidavit of the mother that the identity of the father is not reasonably ascertainable shall be sufficient evidence of this fact, provided there is no other evidence before the court which would refute such an affidavit. In cases referred to in clause (ii), an affidavit of a law-enforcement officer or juvenile probation officer that the location of a parent or guardian is not reasonably ascertainable shall be sufficient evidence of this fact, provided that there is no other evidence before the court which would refute the affidavit.","order_by":null,"text":{"0":{"id":206033,"text":"After a petition has been filed, the court shall direct the issuance of summonses, one directed to the juvenile, if the juvenile is 12 or more years of age, except for juveniles whose custody, visitation, or support is a subject of controversy or requires determination pursuant to subdivision A 3 of &#xA7; 16.1-241, and another to at least one parent, guardian, legal custodian, or other person standing in loco parentis, and such other persons as appear to the court to be proper or necessary parties to the proceedings.\n\t\t\tAfter a petition has been filed in cases involving custody or visitation of a juvenile pursuant to subdivision A 3 of &#xA7; 16.1-241, the court may direct the issuance of a summons to the juvenile for any hearing to adjudicate or dispose of such petition (i) on its own motion or (ii) upon request of any party to such petition.\n\t\t\tAfter a petition has been filed in cases solely involving support of a juvenile pursuant to subdivision A 3 of &#xA7; 16.1-241, the court may direct the issuance of a summons to the juvenile (a) on its own motion or (b) for good cause shown by the party requesting the issuance of such summons.\n\t\t\tAfter a petition has been filed against an adult pursuant to subsection C or D of &#xA7; 16.1-259, the court shall direct the issuance of a summons against the adult.\n\t\t\tThe summons shall require them to appear personally before the court at the time fixed to answer or testify as to the allegations of the petition. Where the custodian is summoned and such person is not a parent of the juvenile in question, a parent shall also be served with a summons. The court may direct that other proper or necessary parties to the proceedings be notified of the pendency of the case, the charge and the time and place for the hearing.\n\t\t\tAny such summons shall be deemed a mandate of the court, and willful failure to obey its requirements shall subject any person guilty thereof to liability for punishment for contempt. Upon the failure of any person to appear as ordered in the summons, the court shall immediately issue an order for such person to show cause why he should not be held in contempt.\n\t\t\tThe parent, guardian, legal custodian, or other person standing in loco parentis shall not be summoned to appear or be punished for failure to appear in cases of adults who are brought before the court pursuant to subsection C or D of &#xA7; 16.1-259 unless such person is summoned as a witness.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":206034,"text":"The summons shall advise the parties of their right to counsel as provided in &#xA7; 16.1-266. A copy of the petition shall accompany each summons for the initial proceedings. The summons shall include notice that in the event that the juvenile is committed to the Department or to a secure local facility, at least one parent or other person legally obligated to care for and support the juvenile may be required to pay a reasonable sum for treatment of the juvenile pursuant to &#xA7; 16.1-290. Notice of subsequent proceedings shall be provided to all parties in interest. In all cases where a party is represented by counsel and counsel has been provided with a copy of the petition and due notice as to time, date, and place of the hearing, such action shall be deemed due notice to such party, unless such counsel has notified the court that he no longer represents such party.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":206035,"text":"The judge may endorse upon the summons an order directing a parent or parents, guardian, or other custodian having the custody or control of the juvenile to bring the juvenile to the hearing.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":206036,"text":"A party, other than the juvenile, may waive service of summons by written stipulation or by voluntary appearance at the hearing.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":206037,"text":"No such summons or notification shall be required if the judge shall certify on the record that (i) the identity of a parent or guardian is not reasonably ascertainable or (ii) in cases in which it is alleged that a juvenile has committed a delinquent act, crime, status offense, or traffic infraction or is in need of services or supervision, the location, or in the case of a parent or guardian located outside of the Commonwealth the location or mailing address, of a parent or guardian is not reasonably ascertainable. An affidavit of the mother that the identity of the father is not reasonably ascertainable shall be sufficient evidence of this fact, provided there is no other evidence before the court which would refute such an affidavit. In cases referred to in clause (ii), an affidavit of a law-enforcement officer or juvenile probation officer that the location of a parent or guardian is not reasonably ascertainable shall be sufficient evidence of this fact, provided that there is no other evidence before the court which would refute the affidavit.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14663,"edition_id":1,"name":"Intake, Petition and Notice","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:49:12","date_modified":"2026-06-26 03:49:12","permalink":{"id":161621,"object_type":"structure","relational_id":14663,"identifier":"5","token":"16.1\/11\/5","url":"\/16.1\/11\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68644,"structure_id":14663,"section_number":"16.1-259","catch_line":"Procedure in cases of adults","url":"\/16.1-259\/","token":"16.1\/11\/5\/16.1-259","metadata":false},{"id":57160,"structure_id":14663,"section_number":"16.1-260","catch_line":"Intake; petition; investigation","url":"\/16.1-260\/","token":"16.1\/11\/5\/16.1-260","metadata":false},{"id":70890,"structure_id":14663,"section_number":"16.1-261","catch_line":"Statements made at intake or mental health screening and assessment","url":"\/16.1-261\/","token":"16.1\/11\/5\/16.1-261","metadata":false},{"id":62109,"structure_id":14663,"section_number":"16.1-262","catch_line":"Form and content of petition","url":"\/16.1-262\/","token":"16.1\/11\/5\/16.1-262","metadata":false},{"id":56254,"structure_id":14663,"section_number":"16.1-263","catch_line":"Summonses","url":"\/16.1-263\/","token":"16.1\/11\/5\/16.1-263","metadata":false},{"id":75806,"structure_id":14663,"section_number":"16.1-264","catch_line":"Service of summons; proof of service; penalty","url":"\/16.1-264\/","token":"16.1\/11\/5\/16.1-264","metadata":false},{"id":76322,"structure_id":14663,"section_number":"16.1-265","catch_line":"Subpoena; attorney-issued subpoena","url":"\/16.1-265\/","token":"16.1\/11\/5\/16.1-265","metadata":false}],"previous_section":{"id":62109,"structure_id":14663,"section_number":"16.1-262","catch_line":"Form and content of petition","url":"\/16.1-262\/","token":"16.1\/11\/5\/16.1-262","metadata":false},"next_section":{"id":75806,"structure_id":14663,"section_number":"16.1-264","catch_line":"Service of summons; proof of service; penalty","url":"\/16.1-264\/","token":"16.1\/11\/5\/16.1-264","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-263\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 11 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1956, chapter 555; in 1974, chapter 620; in 1975, chapter 128; in 1977, chapter 559; in 1978, chapters 613 and 740; in 1996, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0755\">755<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0914\">914<\/a>; in 1997, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0441\">441<\/a>; in 1999, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0952\">952<\/a>; in 2004, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0573\">573<\/a>; in 2016, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0626\">626<\/a>; in 2025, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0531\">531<\/a>.<\/p>","references":[{"id":70845,"section_number":"16.1-252","catch_line":"Preliminary removal order; hearing","order_by":null,"url":"\/16.1-252\/"},{"id":62537,"section_number":"16.1-253","catch_line":"Preliminary protective order","order_by":null,"url":"\/16.1-253\/"},{"id":75806,"section_number":"16.1-264","catch_line":"Service of summons; proof of service; penalty","order_by":null,"url":"\/16.1-264\/"},{"id":66829,"section_number":"16.1-269.1","catch_line":"Trial in circuit court; preliminary hearing; direct indictment; remand","order_by":null,"url":"\/16.1-269.1\/"},{"id":73490,"section_number":"16.1-277.01","catch_line":"Approval of entrustment agreement","order_by":null,"url":"\/16.1-277.01\/"},{"id":73075,"section_number":"16.1-277.02","catch_line":"(Effective January 1, 2026) Petition for relief of care and custody","order_by":null,"url":"\/16.1-277.02\/"},{"id":59979,"section_number":"16.1-278.2","catch_line":"Abused, neglected, or abandoned children or children without parental care","order_by":null,"url":"\/16.1-278.2\/"},{"id":54079,"section_number":"16.1-278.3","catch_line":"Relief of care and custody","order_by":null,"url":"\/16.1-278.3\/"},{"id":56077,"section_number":"16.1-282","catch_line":"Foster care review","order_by":null,"url":"\/16.1-282\/"},{"id":55053,"section_number":"16.1-282.1","catch_line":"Permanency planning hearing for children in foster care","order_by":null,"url":"\/16.1-282.1\/"},{"id":75076,"section_number":"16.1-283","catch_line":"Termination of residual parental rights","order_by":null,"url":"\/16.1-283\/"}],"refers_to":[{"id":71312,"section_number":"16.1-241","catch_line":"Jurisdiction; consent for abortion","order_by":null,"url":"\/16.1-241\/"},{"id":68644,"section_number":"16.1-259","catch_line":"Procedure in cases of adults","order_by":null,"url":"\/16.1-259\/"},{"id":78366,"section_number":"16.1-266","catch_line":"Appointment of counsel and guardian ad litem","order_by":null,"url":"\/16.1-266\/"},{"id":65314,"section_number":"16.1-290","catch_line":"Support of committed juvenile; support from estate of juvenile","order_by":null,"url":"\/16.1-290\/"}],"permalink":{"id":161639,"object_type":"law","relational_id":56254,"identifier":"16.1-263","token":"16.1\/11\/5\/16.1-263","url":"\/16.1-263\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-263\/","token":"16.1\/11\/5\/16.1-263","dublin_core":{"Title":"Summonses","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-263","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> After a <span class=\"dictionary\">petition<\/span> has been filed, <span class=\"dictionary\">the court<\/span> shall direct the issuance of summonses, one directed to the juvenile, if the juvenile is 12 or more years of age, except for juveniles whose <span class=\"dictionary\">custody<\/span>, visitation, or support is a subject of controversy or requires determination pursuant to subdivision A 3 of &#xA7; <a class=\"law\" title=\"Jurisdiction; consent for abortion\" href=\"\/16.1-241\/\">16.1-241<\/a>, and another to at least one parent, guardian, legal custodian, or other person standing in loco parentis, and such other persons as appear to <span class=\"dictionary\">the court<\/span> to be proper or necessary parties to the proceedings.\n\t\t\tAfter a <span class=\"dictionary\">petition<\/span> has been filed in cases involving <span class=\"dictionary\">custody<\/span> or visitation of a juvenile pursuant to subdivision A 3 of &#xA7; <a class=\"law\" title=\"Jurisdiction; consent for abortion\" href=\"\/16.1-241\/\">16.1-241<\/a>, <span class=\"dictionary\">the court<\/span> may direct the issuance of a <span class=\"dictionary\">summons<\/span> to the juvenile for any <span class=\"dictionary\">hearing<\/span> to <span class=\"dictionary\">adjudicate<\/span> or dispose of such <span class=\"dictionary\">petition<\/span> (i) on its own <span class=\"dictionary\">motion<\/span> or (ii) upon request of any <span class=\"dictionary\">party<\/span> to such <span class=\"dictionary\">petition<\/span>.\n\t\t\tAfter a <span class=\"dictionary\">petition<\/span> has been filed in cases solely involving support of a juvenile pursuant to subdivision A 3 of &#xA7; <a class=\"law\" title=\"Jurisdiction; consent for abortion\" href=\"\/16.1-241\/\">16.1-241<\/a>, <span class=\"dictionary\">the court<\/span> may direct the issuance of a <span class=\"dictionary\">summons<\/span> to the juvenile (a) on its own <span class=\"dictionary\">motion<\/span> or (b) for good cause shown by the <span class=\"dictionary\">party<\/span> requesting the issuance of such <span class=\"dictionary\">summons<\/span>.\n\t\t\tAfter a <span class=\"dictionary\">petition<\/span> has been filed against an <span class=\"dictionary\">adult<\/span> pursuant to subsection C or D of &#xA7; <a class=\"law\" title=\"Procedure in cases of adults\" href=\"\/16.1-259\/\">16.1-259<\/a>, <span class=\"dictionary\">the court<\/span> shall direct the issuance of a <span class=\"dictionary\">summons<\/span> against the <span class=\"dictionary\">adult<\/span>.\n\t\t\tThe <span class=\"dictionary\">summons<\/span> shall require them to appear personally before <span class=\"dictionary\">the court<\/span> at the time fixed to answer or testify as to the <span class=\"dictionary\">allegations<\/span> of the <span class=\"dictionary\">petition<\/span>. Where the custodian is summoned and such person is not a parent of the juvenile in question, a parent shall also be served with a <span class=\"dictionary\">summons<\/span>. <span class=\"dictionary\">The court<\/span> may direct that other proper or necessary parties to the proceedings be notified of the pendency of the case, the charge and the time and place for the <span class=\"dictionary\">hearing<\/span>.\n\t\t\tAny such <span class=\"dictionary\">summons<\/span> shall be deemed a <span class=\"dictionary\">mandate<\/span> of <span class=\"dictionary\">the court<\/span>, and willful failure to obey its requirements shall subject any person guilty thereof to liability for punishment for <span class=\"dictionary\">contempt<\/span>. Upon the failure of any person to appear as ordered in the <span class=\"dictionary\">summons<\/span>, <span class=\"dictionary\">the court<\/span> shall immediately <span class=\"dictionary\">issue<\/span> an <span class=\"dictionary\">order<\/span> for such person to show cause why he should not be held in <span class=\"dictionary\">contempt<\/span>.\n\t\t\tThe parent, guardian, legal custodian, or other person standing in loco parentis shall not be summoned to appear or be punished for failure to appear in cases of <span class=\"dictionary\">adults<\/span> who are brought before <span class=\"dictionary\">the court<\/span> pursuant to subsection C or D of &#xA7; <a class=\"law\" title=\"Procedure in cases of adults\" href=\"\/16.1-259\/\">16.1-259<\/a> unless such person is summoned as a <span class=\"dictionary\">witness<\/span>. <a id=\"paragraph-206033\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-263\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The <span class=\"dictionary\">summons<\/span> shall advise the parties of their right to <span class=\"dictionary\">counsel<\/span> as provided in &#xA7; <a class=\"law\" title=\"Appointment of counsel and guardian ad litem\" href=\"\/16.1-266\/\">16.1-266<\/a>. A copy of the <span class=\"dictionary\">petition<\/span> shall accompany each <span class=\"dictionary\">summons<\/span> for the initial proceedings. The <span class=\"dictionary\">summons<\/span> shall include notice that in the event that the juvenile is committed to the <span class=\"dictionary\">Department<\/span> or to a secure local facility, at least one parent or other person legally obligated to care for and support the juvenile may be required to pay a reasonable sum for treatment of the juvenile pursuant to &#xA7; <a class=\"law\" title=\"Support of committed juvenile; support from estate of juvenile\" href=\"\/16.1-290\/\">16.1-290<\/a>. Notice of subsequent proceedings shall be provided to all parties in interest. In all cases where a <span class=\"dictionary\">party<\/span> is represented by <span class=\"dictionary\">counsel<\/span> and <span class=\"dictionary\">counsel<\/span> has been provided with a copy of the <span class=\"dictionary\">petition<\/span> and due notice as to time, date, and place of the <span class=\"dictionary\">hearing<\/span>, such action shall be deemed due notice to such <span class=\"dictionary\">party<\/span>, unless such <span class=\"dictionary\">counsel<\/span> has notified <span class=\"dictionary\">the court<\/span> that he no longer represents such <span class=\"dictionary\">party<\/span>. <a id=\"paragraph-206034\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-263\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> <span class=\"dictionary\">The judge<\/span> may endorse upon the <span class=\"dictionary\">summons<\/span> an <span class=\"dictionary\">order<\/span> directing a parent or parents, guardian, or other custodian having the <span class=\"dictionary\">custody<\/span> or control of the juvenile to bring the juvenile to the <span class=\"dictionary\">hearing<\/span>. <a id=\"paragraph-206035\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-263\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> A <span class=\"dictionary\">party<\/span>, other than the juvenile, may <span class=\"dictionary\">waive<\/span> service of <span class=\"dictionary\">summons<\/span> by written <span class=\"dictionary\">stipulation<\/span> or by voluntary <span class=\"dictionary\">appearance<\/span> at the <span class=\"dictionary\">hearing<\/span>. <a id=\"paragraph-206036\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-263\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> No such <span class=\"dictionary\">summons<\/span> or notification shall be required if <span class=\"dictionary\">the judge<\/span> shall certify on the record that (i) the identity of a parent or guardian is not reasonably ascertainable or (ii) in cases in which it is alleged that a juvenile has committed a <span class=\"dictionary\">delinquent act<\/span>, <span class=\"dictionary\">crime<\/span>, <span class=\"dictionary\">status offense<\/span>, or traffic infraction or is in need of services or supervision, the location, or in the case of a parent or guardian located outside of the Commonwealth the location or mailing address, of a parent or guardian is not reasonably ascertainable. An <span class=\"dictionary\">affidavit<\/span> of the mother that the identity of the father is not reasonably ascertainable shall be sufficient <span class=\"dictionary\">evidence<\/span> of this <span class=\"dictionary\">fact<\/span>, provided there is no other <span class=\"dictionary\">evidence<\/span> before <span class=\"dictionary\">the court<\/span> which would refute such an <span class=\"dictionary\">affidavit<\/span>. In cases referred to in clause (ii), an <span class=\"dictionary\">affidavit<\/span> of a <span class=\"dictionary\">law<\/span>-enforcement officer or juvenile <span class=\"dictionary\">probation officer<\/span> that the location of a parent or guardian is not reasonably ascertainable shall be sufficient <span class=\"dictionary\">evidence<\/span> of this <span class=\"dictionary\">fact<\/span>, provided that there is no other <span class=\"dictionary\">evidence<\/span> before <span class=\"dictionary\">the court<\/span> which would refute the <span class=\"dictionary\">affidavit<\/span>. <a id=\"paragraph-206037\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-263\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSUMMONSES (\u00a7 16.1-263)\n\nA. After a petition has been filed, the court shall direct the issuance of\nsummonses, one directed to the juvenile, if the juvenile is 12 or more years of\nage, except for juveniles whose custody, visitation, or support is a subject of\ncontroversy or requires determination pursuant to subdivision A 3 of &#xA7;\n16.1-241, and another to at least one parent, guardian, legal custodian, or\nother person standing in loco parentis, and such other persons as appear to the\ncourt to be proper or necessary parties to the proceedings.\n\t\t\tAfter a petition has been filed in cases involving custody or visitation of a\njuvenile pursuant to subdivision A 3 of &#xA7; 16.1-241, the court may direct\nthe issuance of a summons to the juvenile for any hearing to adjudicate or\ndispose of such petition (i) on its own motion or (ii) upon request of any party\nto such petition.\n\t\t\tAfter a petition has been filed in cases solely involving support of a\njuvenile pursuant to subdivision A 3 of &#xA7; 16.1-241, the court may direct\nthe issuance of a summons to the juvenile (a) on its own motion or (b) for good\ncause shown by the party requesting the issuance of such summons.\n\t\t\tAfter a petition has been filed against an adult pursuant to subsection C or\nD of &#xA7; 16.1-259, the court shall direct the issuance of a summons against\nthe adult.\n\t\t\tThe summons shall require them to appear personally before the court at the\ntime fixed to answer or testify as to the allegations of the petition. Where the\ncustodian is summoned and such person is not a parent of the juvenile in\nquestion, a parent shall also be served with a summons. The court may direct\nthat other proper or necessary parties to the proceedings be notified of the\npendency of the case, the charge and the time and place for the hearing.\n\t\t\tAny such summons shall be deemed a mandate of the court, and willful failure\nto obey its requirements shall subject any person guilty thereof to liability\nfor punishment for contempt. Upon the failure of any person to appear as ordered\nin the summons, the court shall immediately issue an order for such person to\nshow cause why he should not be held in contempt.\n\t\t\tThe parent, guardian, legal custodian, or other person standing in loco\nparentis shall not be summoned to appear or be punished for failure to appear in\ncases of adults who are brought before the court pursuant to subsection C or D\nof &#xA7; 16.1-259 unless such person is summoned as a witness.\n\nB. The summons shall advise the parties of their right to counsel as provided in\n&#xA7; 16.1-266. A copy of the petition shall accompany each summons for the\ninitial proceedings. The summons shall include notice that in the event that the\njuvenile is committed to the Department or to a secure local facility, at least\none parent or other person legally obligated to care for and support the\njuvenile may be required to pay a reasonable sum for treatment of the juvenile\npursuant to &#xA7; 16.1-290. Notice of subsequent proceedings shall be provided\nto all parties in interest. In all cases where a party is represented by counsel\nand counsel has been provided with a copy of the petition and due notice as to\ntime, date, and place of the hearing, such action shall be deemed due notice to\nsuch party, unless such counsel has notified the court that he no longer\nrepresents such party.\n\nC. The judge may endorse upon the summons an order directing a parent or\nparents, guardian, or other custodian having the custody or control of the\njuvenile to bring the juvenile to the hearing.\n\nD. A party, other than the juvenile, may waive service of summons by written\nstipulation or by voluntary appearance at the hearing.\n\nE. No such summons or notification shall be required if the judge shall certify\non the record that (i) the identity of a parent or guardian is not reasonably\nascertainable or (ii) in cases in which it is alleged that a juvenile has\ncommitted a delinquent act, crime, status offense, or traffic infraction or is\nin need of services or supervision, the location, or in the case of a parent or\nguardian located outside of the Commonwealth the location or mailing address, of\na parent or guardian is not reasonably ascertainable. An affidavit of the mother\nthat the identity of the father is not reasonably ascertainable shall be\nsufficient evidence of this fact, provided there is no other evidence before the\ncourt which would refute such an affidavit. In cases referred to in clause (ii),\nan affidavit of a law-enforcement officer or juvenile probation officer that the\nlocation of a parent or guardian is not reasonably ascertainable shall be\nsufficient evidence of this fact, provided that there is no other evidence\nbefore the court which would refute the affidavit.\n\nHISTORY: Code 1950, \u00a7\u00a7 16.1-166, 16.1-172; 1956, c. 555; 1974, c. 620; 1975,\nc. 128; 1977, c. 559; 1978, cc. 613, 740; 1996, cc. 755, 914; 1997, c. 441;\n1999, c. 952; 2004, c. 573; 2016, c. 626; 2021, Sp. Sess. I, c. 283; 2025, c.\n531.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}