8.2 Petition and Notice of Charges

• Library: Juvenile Law and Practice in Virginia (Virginia CLE) (2018 Ed.)

8.2 PETITION AND NOTICE OF CHARGES

8.201 The Petition or Initial Pleading. The Virginia Code specifies the format of the petition and requires that it be verified. ³ Proceedings involving the custody, visitation, or support of a child and the support or maintenance of an adult may be initiated on a petition in a form established by the Virginia Supreme Court. In any custody proceeding, there must be compliance with the requirements of the Uniform Child Custody Jurisdiction and Enforcement Act. ⁴ The petition must be sufficiently specific in a delinquency case to give the juvenile notice of the charges against him or her, "that is, notice which would be deemed constitutionally adequate in a civil or criminal proceeding," and to determine whether the double jeopardy clause has been violated. ⁵

8.202 Summons. After the filing of a petition, the court directs the issuance of a summons. ⁶ The summons should be directed to: (i) the child, if

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12 years of age or older; (ii) at least one parent, guardian, legal custodian, or other person standing in loco parentis (if a custodian who is not a parent is summoned, a parent must also be summoned); and (iii) other persons whom the court deems proper and necessary parties to the proceedings. ⁷ The summons should also (i) require persons summoned to appear personally before the court at the time fixed to answer or testify as to the allegations of the petition; (ii) advise the parties of their rights to counsel pursuant to section 16.1-266 of the Virginia Code; and (iii) have a copy of the petition enclosed for the initial proceeding. The summons must give notice that if the juvenile is committed to the Department of Juvenile Justice or to a secure local facility, at least one parent or other person who is legally obligated to care for or support the juvenile may be required to pay a reasonable sum for the juvenile's support and treatment pursuant to section 16.1-290. ⁸ A summons need not be issued for parents or guardians if their identities or location are not readily ascertainable as established by judicial certification or an affidavit. ⁹ Willful failure to obey the requirements of a summons will subject the offending person to liability for punishment for contempt. ¹⁰

The court may also use notice of hearing instead of a summons to notify parties and others of the pendency of a hearing. ¹¹ The notice is given to a parent or custodian when an emergency removal hearing is scheduled pursuant to section 16.1-252(A). A notice is also issued to confirm the date and time of a foster care review hearing to parties or their attorneys who were present at the disposition hearing.

The judge may endorse upon the summons an order that the parents, guardians, or custodians bring the child to the court hearing. ¹² Any party, other than the child, may waive service of a summons by a written stipulation or by voluntary appearance at the hearing. ¹³ No summons or notification is required if the judge certifies on the record that the identity of the

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parent or the guardian is not reasonably ascertainable. An affidavit by the mother that the father's identity is not reasonably...