Legislation
SECTION 617
Service of summons
Family Court Act (FCT) CHAPTER 686, ARTICLE 6, PART 1
§ 617. Service of summons. (a) Service of a summons and petition under
this part shall be made by delivery of a true copy thereof to the person
summoned at least twenty days before the time stated therein for
appearance. If so requested by the parent or other person legally
responsible for the child's care, the court may extend the time for
appearance and answer.
(b) If after reasonable effort, personal service is not made, such
substituted service or service by publication as may be ordered by the
judge shall be sufficient.
(c) Personal service within or without the state or in a foreign
country shall be made in accordance with the provisions of section three
hundred seven of the surrogate's court procedure act, as the same may be
amended from time to time, with respect to service of a citation.
(d) Service of the summons and other process with a notice as
specified herein by publication shall be made in accordance with the
provisions of CPLR 316, provided, however, that a single publication of
the summons or other process with a notice as specified herein in only
one newspaper designated in the order shall be sufficient. In no event
shall the whole petition be published. The petition shall be delivered
to the person summoned at the first court appearance pursuant to section
one hundred fifty-four-a of this chapter. The notice to be published
with the summons or other process shall state:
1. the date, time, place and purpose of the proceeding,
2. that upon failure of the person summoned to appear, all of his or
her parental rights in the child may be terminated, and
3. that his or her failure to appear shall constitute a denial of his
or her interest in the child, which denial may result, without further
notice, in the transfer or commitment of the child's care, custody or
guardianship or in the child's adoption in this or any subsequent
proceeding in which such care, custody or guardianship or adoption may
be at issue.
this part shall be made by delivery of a true copy thereof to the person
summoned at least twenty days before the time stated therein for
appearance. If so requested by the parent or other person legally
responsible for the child's care, the court may extend the time for
appearance and answer.
(b) If after reasonable effort, personal service is not made, such
substituted service or service by publication as may be ordered by the
judge shall be sufficient.
(c) Personal service within or without the state or in a foreign
country shall be made in accordance with the provisions of section three
hundred seven of the surrogate's court procedure act, as the same may be
amended from time to time, with respect to service of a citation.
(d) Service of the summons and other process with a notice as
specified herein by publication shall be made in accordance with the
provisions of CPLR 316, provided, however, that a single publication of
the summons or other process with a notice as specified herein in only
one newspaper designated in the order shall be sufficient. In no event
shall the whole petition be published. The petition shall be delivered
to the person summoned at the first court appearance pursuant to section
one hundred fifty-four-a of this chapter. The notice to be published
with the summons or other process shall state:
1. the date, time, place and purpose of the proceeding,
2. that upon failure of the person summoned to appear, all of his or
her parental rights in the child may be terminated, and
3. that his or her failure to appear shall constitute a denial of his
or her interest in the child, which denial may result, without further
notice, in the transfer or commitment of the child's care, custody or
guardianship or in the child's adoption in this or any subsequent
proceeding in which such care, custody or guardianship or adoption may
be at issue.