                                 CODE OF VIRGINIA

SUMMONSES (§ 16.1-263)

A. 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.
			After 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.
			After 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.
			After 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.
			The 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.
			Any 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.
			The 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. 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.

C. 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.

D. A party, other than the juvenile, may waive service of summons by written
stipulation or by voluntary appearance at the hearing.

E. 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.

HISTORY: Code 1950, §§ 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.