Section 1036. Service of summons  


Latest version.
  • (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 law guardian. 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 law guardian 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.