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This entry was published on 2014-09-22
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SECTION 1036
Service of summons
Family Court Act (FCT) CHAPTER 686, ARTICLE 10, PART 3
§ 1036. Service of summons. (a) Except as provided for in subdivision
(c) of this section, in cases involving abuse, the petition and summons
shall be served within two court days after their issuance. If they
cannot be served within that time, such fact shall be reported to the
court with the reasons thereof within three court days after their
issuance and the court shall thereafter issue a warrant in accordance
with the provisions of section one thousand thirty-seven. The court
shall also, unless dispensed with for good cause shown, direct that the
child be brought before the court. Issuance of a warrant shall not be
required where process is sent without the state as provided for in
subdivision (c) of this section.

(b) Service of a summons and petition shall be made by delivery of a
true copy thereof to the person summoned at least twenty-four hours
before the time stated therein for appearance.

(c) In cases involving either abuse or neglect, the court may send
process without the state in the same manner and with the same effect as
process sent within the state in the exercise of personal jurisdiction
over any person subject to the jurisdiction of the court under section
three hundred one or three hundred two of the civil practice law and
rules, notwithstanding that such person is not a resident or domiciliary
of the state, where the allegedly abused or neglected child resides or
is domiciled within the state and the alleged abuse or neglect occurred
within the state. In cases involving abuse where service of a petition
and summons upon a non-resident or non-domiciliary respondent is
required, such service shall be made within ten days after its issuance.
If service can not be effected in ten days, an extension of the period
to effect service may be granted by the court for good cause shown upon
application of any party or the child's attorney. Where service is
effected on an out of state respondent and the respondent defaults by
failing to appear to answer the petition, the court may on its own
motion, or upon application of any party or the child's attorney proceed
to a fact finding hearing thereon.

(d) If after reasonable effort, personal service is not made, the
court may at any stage in the proceedings make an order providing for
substituted service in the manner provided for substituted service in
civil process in courts of record.