610.040 Issuance of summons and notice of petition

610.040 Issuance of summons and notice of petition.

(1) After a public or status offense petition has been filed and after such further

investigation as the court may direct, unless the parties appear voluntarily, the court

shall issue a summons briefly reciting the substance of the petition and requiring the

person who has the custody or control of the child to appear personally and bring

the child before the court at a time and place stated. If the person so summoned is

other than a parent or guardian of the child, the parent or guardian or both shall also

be notified of the pendency of the proceeding and of the time and place appointed.

Summons may be issued requiring the appearance of any other person whose

presence, in the opinion of the judge, is necessary.

(2) The summons and notice provided for in subsection (1) of this section shall be

served personally by the delivery of a copy thereof to the person summoned, unless

the judge is satisfied that personal service would be impracticable, in which event

the judge may order service by mail addressed to the last known address. Service by

mail shall be deemed to be effected upon mailing. Notice by mail shall be presumed

sufficient if mailed at least forty-eight (48) hours before the time for appearance

specified in the summons or notice.

(3) Unless otherwise provided, service of summons or notice may be made by any

suitable person, other than an employee of the cabinet, under the direction of the

court, and upon request of the court shall be made by any peace officer.

(4) Any person summoned who, without reasonable cause, fails to appear, may be

proceeded against for contempt of court. In case the summons cannot be served, or

the parties served fail to appear, or in any case when it appears to the judge that the

service will be ineffectual, or that the welfare of the child requires that he be

brought forthwith before the court, a warrant may be issued for the parent, guardian,

person having custodial control or supervision of the child, or the child.