Statutes | Cherokee Code Chapter 7B Article 4 ยง 7B-406 | 2019
(a)
Immediately after a petition has been filed alleging that a child is maltreated, the clerk shall issue a summons to each party named in the petition, except the child, requiring them to appear for an adjudicatory hearing at the time and place stated in the summons, not to exceed 60 days from the date of filing. A copy of the petition shall be attached to each summons. Service of the summons shall be completed as provided in C.C. section 7B-407, but the parent of the child shall not be deemed to be under a disability even though the parent is a minor.
(b)
A summons shall be on a printed form supplied by the Clerk of Courts and shall include each of the following:
(1)
Notice of the nature of the proceeding.
(2)
Notice of any right to counsel and information about how a parent may seek the appointment of counsel prior to a hearing if provisional counsel is not identified.
(3)
Notice that, if the Court determines at the hearing that the allegations of the petition are true, the Court will conduct a dispositional hearing to consider the needs of the child and enter an order designed to meet those needs and the objectives of the Department.
(4)
Notice that the dispositional order or a subsequent order:
(A)
May remove the child from the custody of the parent, guardian, or custodian.
(B)
May require that the child receive medical, psychiatric, psychological, or other treatment and that the parent participate in the treatment.
(C)
May require the parent to undergo psychiatric, psychological, or other treatment or counseling for the purpose of remedying the behaviors or conditions that are alleged in the petition or that contributed to the removal of the child from the custody of that person.
(D)
May order the parent to pay for treatment that is ordered for the child or the parent.
(E)
May, upon proper notice and hearing and a finding based on the criteria set out in C.C. § 7B-1111, terminate the parental rights of the respondent parent or upon proper notice and hearing and a finding based on the criteria set out in C.C. chapter 7B, article 10, suspend the parental rights of the respondent parent.
(c)
The summons shall advise the parent that upon service, jurisdiction over that person is obtained and that failure to comply with any order of the Court pursuant to C.C. section 7B-904 may cause the Court to issue a show cause order for contempt.
(d)
A summons shall be directed to the person summoned to appear and shall be delivered to any person authorized to serve process.
(Ord. No. 524 , 7-17-2015)