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CO · rules

C.R.J.P. 2.2

Summons — Content and Service

activein force · 2015-03-02 – presentact-effective-date

(a) Juvenile Delinquency Proceedings.

(1) The summons served in juvenile delinquency proceedings shall contain the notifications required by §19-2-514, C.R.S. The summons and petition shall be served upon the

juvenile in the manner provided in §19-2-514, C.R.S.

(2) When the court has acquired jurisdiction over the parties as provided in the

Children’s Code or pursuant to the Colorado Rules of Juvenile Procedure, subsequent

pleadings and notice may be served by regular mail.

(3) If a juvenile is issued a promise to appear pursuant to §19-2-507(5), C.R.S., the

promise to appear shall contain the notifications required by §19-2-507(5), C.R.S.

(b) Dependency and Neglect Proceedings.

(1) The summons served in dependency and neglect proceedings shall contain the

notifications required by §19-3-503, C.R.S. The summons and petition shall be served

upon respondent(s) in the manner provided in §19-3-503(7) and (8), C.R.S.

(2) When the court has acquired jurisdiction over the parties as provided in the

Children’s Code or pursuant to the Colorado Rules of Juvenile Procedure, subsequent

pleadings and notice may be served by regular mail.

(c) Relinquishment Proceedings.

(1) The summons served in relinquishment proceedings shall contain the notifications

required by §19-5-105(5), C.R.S.

(2) The summons and petition shall be served upon the non-relinquishing parent as

follows:

A. As ordered by the court; or

B. In the same manner as a summons in a civil action; or

C. By mailing it to the respondent (’s/s’) last known address, not less than 14 days

prior to the time the respondent(s) is/are required to appear, by registered mail return

receipt requested or certified mail return receipt requested. Service by mail shall be

complete upon return of the receipt signed by the respondent(s) or signed on behalf of the

respondent(s) by one authorized by law.

(3) When the person to be served cannot be found after due diligence, service may be

by a single publication pursuant to C.R.C.P. 4(g).

(4) When the court has acquired jurisdiction over the parties as provided in the

Children’s Code or pursuant to the Colorado Rules of Juvenile Procedure, subsequent

pleadings and notice may be served by regular mail.

(d) Truancy Proceedings.

(1) The summons served in truancy proceedings shall comply with the provisions of

C.R.C.P. 4(c). If the summons is combined with the notice required by §22-33-108(5)(c),

C.R.S., it shall also comply with the provisions of that section. In any jurisdiction in which

juvenile detention may be used as a sanction after a finding of a violation of a valid court

order, the summons shall inform the juvenile served of his or her right to a hearing and to

due process as guaranteed by the United States Constitution prior to the entry of a valid

court order.

(2) The summons and petition shall be served upon the respondent(s) as required

pursuant to C.R.C.P. 4.

(3) When the person to be served cannot be found after due diligence, service may be

by a single publication pursuant to C.R.C.P. 4(g).

(4) When the court has acquired jurisdiction over the parties as provided in the

Children’s Code or pursuant to the Colorado Rules of Civil Procedure, subsequent pleadings and notice may be served by regular mail.

(e) Uniform Parentage Act Proceedings.

(1) The petition and summons served in Uniform Parentage Act proceedings shall

comply with all requirements of Title 19, Article 4 of the Colorado Revised Statutes.

(2) The petition and summons, filed by one party, shall be personally served upon all

other parties in accordance with §19-4-105.5, C.R.S., or §19-4-109(2), C.R.S., or the

Colorado Rules of Civil Procedure.

(3) When the person to be served cannot be found after due diligence, service may be

by a single publication pursuant to C.R.C.P. 4(g). Affidavits in support of motions for

service by publication shall include a detailed statement of the specific efforts made to

locate an absent parent.

(4) The summons issued upon commencement of a proceeding under Article 4 shall

include the specified advisements and notice requirements of §19-4-105.5(5), C.R.S.

(5) If the child support enforcement unit is initiating a proceeding under the Uniform

Parentage Act, a delegate shall serve the petition and notice of financial responsibility in

the manner identified in §26-13.5-104, C.R.S.

(f) Adoption Proceedings.

(1) In adoption proceedings where either parent’s parental rights have not been

terminated or relinquished, that parent must be personally served with a copy of the

petition for adoption.

(2) When the person to be served cannot be found after due diligence, service may be

by a single publication pursuant to C.R.C.P. 4(g). Affidavits in support of motions for

service by publication shall include a detailed statement of the specific efforts made to

locate an absent parent.

(3) If the motion for service through publication is granted, the court shall order

service by one publication of the notice in a newspaper of general circulation in the county

in which the hearing is to be held. The hearing shall not be held sooner than 35 days after

service of the notice is complete.

(4) If the subject child in the adoption proceeding is an enrolled member of a federally

recognized American Indian Nation, the petition for adoption must be sent to the parent or

Indian custodian of the Indian child and to the Indian child’s tribe by registered mail,

return receipt requested, pursuant to §19-1-126, C.R.S., and §19-5-208, C.R.S., and proof

shall be filed with the court. Postal receipts, or copies thereof, shall be attached to the

petition for adoption when it is filed with the court or filed within 10 days after the filing

of the petition, as specified in §19-1-126(1)(c), C.R.S.

(5) Service of petition and notice requirements do not apply to validation of a foreign

adoption decree proceedings.

(6) A petition for adult adoption shall be filed in accordance with §19-5-208, C.R.S.

The petition and summons shall be served on the identified adult adoptee by the petitioner.

(g) Support Proceedings under the Children’s Code.

(1) Upon filing of the petition for support, the clerk of court, petitioner, or child

support enforcement unit shall issue a summons stating the hearing date and the substance

of the petition. A copy of the petition may be attached to the summons in lieu of stating the

substance of the petition in the summons.

(2) Service of the summons shall be by personal service pursuant to C.R.C.P. 4(e). If

the obligor is a nonresident of this state, the summons and petition may be served by

sending the copies by certified mail with proof of actual receipt by the individual.

(3) The hearing to establish support shall occur at least 10 days after service is

completed, or any later date the court orders.

(h) Administrative Procedure for Establishing Child Support by the Child Support Enforcement Unit.

(1) The child support enforcement unit shall issue a notice of financial responsibility to

an obligor who owes child support.

(2) The child support enforcement unit shall serve the notice of financial responsibility

on the obligor not less than 10 days prior to the date stated in the notice for the negotiation

conference. Service can be accomplished in accordance with the Colorado Rules of Civil

Procedure, by an employee appointed by the child support enforcement unit to serve

process, or by certified mail, return receipt requested, signed by the obligor only. The

receipt will be prima facie evidence of service.

(3) If process is served through the administrative process, there will be no additional

service necessary if the case is referred to court for further review.

History

Source: Entire chapter repealed and reenacted June 16, 1988, effective January 1, 1989; (a) amended and adopted, effective February 24, 1999; entire rule amended and adopted and committee comment added and adopted December 14, 2000, effective January 1, 2001; entire rule amended and adopted October 30, 2014, effective November 1, 2014; (h)(2) corrected and effective March 2, 2015. COMMITTEE COMMENT Under Rule 2.2, a single publication is suffi- cient. There is no need for four weeks of publication.

Provenance

Source
content.leg.colorado.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
7d836c4f088abdf73eec4bf81a758d20c38838884eb09f5def735cbdf25c2712
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C.R.J.P. 2.2 — Summons — Content and Service · binding.law