Title 14 Children

14-3-413. Order to appear; contents thereof; when child taken into immediate custody; waiver of service.

(a) After a petition is filed, the court shall issue an order to appear. The order shall: (i) State the name of the court, the title of the proceedings and the time and place for the initial hearing; (ii) Direct the persons named therein to appear personally at the hearing and direct the person having actual physical custody or control of the child to present the child before the court at the hearing; (iii) Be directed to the child's parents, guardian, custodian and the child's spouse, if any, and to any other person the court deems necessary; and (iv) Be directed to the child if fourteen (14) years of age or more. (b) If it appears to the court by affidavit by the district attorney based on actual knowledge or on information and belief that the conduct, condition or surroundings of the child seriously endanger the child's health or welfare, that the child may be removed from the jurisdiction of the court or that the child will not be brought before the court notwithstanding service of the order, the court may direct in the order to appear that the person serving the order take the child into immediate custody and bring him before the court. (c) Service of the order may be waived either in writing or by voluntary appearance at the hearing, provided a child may waive service of the order only with the consent of his parents, guardian, custodian, guardian ad litem or counsel. (d) With respect to a child who is alleged to have been abused or neglected, a noncustodial parent or putative father who has not had parental rights to the child removed by a court, and who is not alleged in the petition to have abused or neglected the child, shall be served with notice of the child protective proceeding pursuant to W.S. 14-3-414 and 14-3-415. The notice shall inform the noncustodial parent or putative father of the following: (i) A petition has been filed; (ii) The noncustodial parent or putative father has been named as such in the petition; (iii) A response from the noncustodial parent or putative father is required within sixty (60) days of the date of service; and (iv) Failure to respond to the notice, appear at hearings or participate in the case may result in the termination of his parental rights; (v) The noncustodial parent or putative father may be considered for possible placement of the child. (e) A noncustodial parent or putative father served with notice of the child protective proceeding shall: (i) Respond and appear as required by this section and W.S. 14-3-414 and 14-3-415; (ii) Admit or deny that he is the noncustodial parent or putative father of the child; (iii) Submit to the jurisdiction of the court; (iv) Provide information and abide by any order as required by the court. (f) A parent or putative father who is served pursuant to W.S. 14-3-414 and 14-3-415 and fails to respond as required by this section may not thereafter assert parental rights in contravention of any permanency plan for the child required by W.S. 14-3-431(j) and (k) unless good cause can be shown for failure to respond.