Section 617. Service of summons  


Latest version.
  • (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.