Page:United States Statutes at Large Volume 52.djvu/639

 PUBLIC LAWS-CH. 309-JUNE 1, 1938 Verification. Summons; notice; custody of the child. If other than parent or guardian. Proviso. Notification to other spouse if child is married. Custody of child by court. Service of summons. Provisos. Service by regis- tered mail or by pub- lication. Ieferring hearingon request of child's cus- todian. Execution of orders and processes of court. Failure to obey sum- mons; warrant. Release of children taken into custody. of the court as herein provided, may authorize a petition to be filed. The proceedings shall be entitled, 'In the matter of ,a child under eighteen years of age'. "The petition shall be verified by the officer making the investiga- tion, or some other person having personal knowledge of the case, and shall allege briefly the facts which bring said child within the provisions of this Act, and stating the name, age, and residence (1) of the child; (2) of his parents; (3) of his legal guardian, if there be one; (4) of the person or persons having custody or control of the child; and (5) of the nearest known relative, if no parent or guardian can be found. If any of the facts herein required are not known by the petitioner the petition shall so state. "SEC. 8. SUMMONS; NOTICE; CUSTODY OF THE CHILD.- After a peti- tion shall have been filed, unless the parties hereinafter named shall voluntarily appear, the court shall issue a summons reciting briefly the substance of the petition, and requiring the person or persons who have the custody or control of the child to appear personally and bring the child before the court at a time and place stated. If the person so summoned shall be other than the parent or guardian of the child, then the parent or guardian or both shall also be noti- fied of the pendency of the case and of the time and place appointed, by personal service before the hearing, except as hereinafter pro- vided: Provided, That if the child is married then the other spouse shall also be so notified. Summons may be issued requiring the appearance of any other person whose presence is necessary. "If it appears that the child is in such condition or surroundings that his welfare requires that his custody be immediately assumed by the court, the judge may cause to be endorsed upon the summons an order that the officer serving the same shall at once take the child into custody. "SEC. 9. SERVICE OF SUMMONs. - Service of summons shall be made personally by the delivery of a true and attested copy to the person summoned: Provided, That where reasonable but unsuccessful efforts have been made to make personal service of summons or notice and if it shall appear that it is impracticable to do so, the court may make an order providing for service of summons or notice by registered mail to the last known address or by publication, or both, as may be deemed necessary. It shall be sufficient to confer jurisdiction if service is effected at any time before the date fixed in the summons for the return thereof: Provided, That on request of the parent or guardian or person having custody of the child, the hearing on the petition shall not take place until three days sub- sequent to service of said summons. "The United States marshal for the District of Columbia or his deputy shall execute the orders and processes of the court in the same manner as he executes those of the District Court of the United States for the District of Columbia, and shall designate at least one of his deputies to serve at the court, where he shall perform such services as are required by the judge. "SEC. 10. FAILnRE TO OBEY SUMMONS; WARRANT.-If any person summoned as herein provided shall, without reasonable cause, fail to appear, he may be proceeded against for contempt of court. In case the summons cannot be served, or the parties served fail to obey the same, or the welfare of the child requires that he shall be brought forthwith into the custody of the court, a warrant may be issued against the parent or guardian or against the child himself. "SEC. 11. RELEASE OF CHILDREN TAKEN INTO CUSTODY.-Whenever any officer takes a child into custody, he shall, unless it is imprac- 598 [52 STAT.

�