10-705. Summons to parent or custodian or guardian – Delinquency Proceeding.
STATE OF NEW MEXICO
COUNTY OF ______________________
________________ JUDICIAL DISTRICT
IN THE CHILDREN’S COURT
In the Matter of _____________, a Child. No. __________
SUMMONS TO PARENT OR CUSTODIAN OR GUARDIAN
DELINQUENCY PROCEEDING1
TO: ______________________________
Name of parent or custodian or guardian
______________________________
Address
If you need help reading this document, you can call __________________,
and the court will appoint an interpreter for you at no charge.
YOU ARE ORDERED TO PERSONALLY APPEAR before the Children’s Court Division of the District Court at __________________ (set forth address of court) on ____________ (date) at the hour of ________ (a.m.) (p.m.) to participate in these proceedings.
If you do not appear at the time and place set forth above, you may be held in contempt of court and punished by fine or imprisonment.
YOU ARE NOTIFIED that a petition has been filed in this court alleging that you are the [parent] [custodian] [guardian] of a child who is alleged to have
[ ] committed the following delinquent acts __________________ (common name and description of each delinquent act).
[ ] violated [his] [her] conditions of probation by __________________ (briefly describe conditions imposed and acts violating those conditions).
Attached to this summons is the petition alleging delinquency [and the motion to join parent/custodian/guardian as a party]1.
Service of this summons shall be by mail unless otherwise ordered by the court.
Dated this ________ day of _____________, ________.
____________________________________
Clerk, District Court
Children’s Court Division
____________________________________
Address
____________________________________
Telephone number
CERTIFICATE OF MAILING
I certify that I mailed a copy of the summons and a copy of the petition filed herein to:
______________________________
Name of parent or custodian or guardian
______________________________
Address
______________________________
City and zip code
on the ________ day of ______________ , ________.
____________________________________
Signature of Children’s Court Attorney
____________________________________
Title
CERTIFICATE OF PROCESS SERVER2
I, __________________ , certify that I am over the age of eighteen (18) years and not a party to this lawsuit, and that I served this summons in the State of New Mexico on the ________ day of ______________, ________, by delivering a copy thereof, with a copy of petition [and a copy of the motion to join the parent/custodian/guardian as a party]1 attached, in the following manner:
(check one box and fill in appropriate blanks)
[ ] by delivering the summons and petition to ___________________ (set forth name of parent or custodian or guardian to be served). (This alternative is used when the person to be served is served or refuses to accept summons).
[ ] by delivering the summons and petition to ______________ , a person of suitable age and discretion then residing at the usual place of abode of __________________ (set forth name of parent or custodian or guardian served).
[ ] by delivering the summons, petition and motion to ______________ (if another manner of service has been ordered by the court, set forth how served).
____________________________________
Signature of person making service
____________________________________
Title (if any)
USE NOTES
1. This form is to be used for service on a parent, custodian, or guardian of a child alleged to have committed a delinquent act. A copy of the summons and petition must be served on the respondent. If a written motion to join the parent has been filed with the court, it must also be served with the summons and petition on the respondent and the parent.
2. To be completed only if personal service is ordered by the court.
[Adopted, effective September 1, 1995; 10-404A recompiled and amended as 10-705 by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after December 31, 2016.]