Rule 2.2 - Summons - Content and Service(a) Juvenile Delinquency Proceedings.(1) The summons served in juvenile delinquency proceedings shall contain the notifications required by § 19-2-514 , C.R.S. The summons and petition shall be served upon the juvenile in the manner provided in § 19-2-514 , C.R.S.(2) When the court has acquired jurisdiction over the parties as provided in the Children's Code or pursuant to the Colorado Rules of Juvenile Procedure, subsequent pleadings and notice may be served by regular mail.(3) If a juvenile is issued a promise to appear pursuant to § 19-2-507(5), C.R.S., the promise to appear shall contain the notifications required by § 19-2-507(5), C.R.S.(b) Dependency and Neglect Proceedings.(1) The summons served in dependency and neglect proceedings shall contain the notifications required by § 19-3-503 , C.R.S. The summons and petition shall be served upon respondent(s) in the manner provided in § 19-3-503(7) and (8), C.R.S. (2) When the court has acquired jurisdiction over the parties as provided in the Children's Code or pursuant to the Colorado Rules of Juvenile Procedure, subsequent pleadings and notice may be served by regular mail.(c) Relinquishment Proceedings.(1) The summons served in relinquishment proceedings shall contain the notifications required by §, 19-5-105(5) C.R.S.(2) The summons and petition shall be served upon the non-relinquishing parent as follows: A. As ordered by the court; or B. In the same manner as a summons in a civil action; or C. By mailing it to the respondent ('s/s') last known address, not less than 14 days prior to the time the respondent(s) is/are required to appear, by registered mail return receipt requested or certified mail return receipt requested. Service by mail shall be complete upon return of the receipt signed by the respondent(s) or signed on behalf of the respondent(s) by one authorized by law. (3) When the person to be served cannot be found after due diligence, service may be by a single publication pursuant to C.R.C.P. 4(g). (4) When the court has acquired jurisdiction over the parties as provided in the Children's Code or pursuant to the Colorado Rules of Juvenile Procedure, subsequent pleadings and notice may be served by regular mail.(1) The summons served in truancy proceedings shall comply with the provisions of C.R.C.P. 4(c). If the summons is combined with the notice required by § 22-33-108(5)(c), C.R.S., it shall also comply with the provisions of that section. In any jurisdiction in which juvenile detention may be used as a sanction after a finding of a violation of a valid court order, the summons shall inform the juvenile served of his or her right to a hearing and to due process as guaranteed by the United States Constitution prior to the entry of a valid court order. (2) The summons and petition shall be served upon the respondent(s) as required pursuant to C.R.C.P. 4. (3) When the person to be served cannot be found after due diligence, service may be by a single publication pursuant to C.R.C.P. 4(g).(4) When the court has acquired jurisdiction over the parties as provided in the Children's Code or pursuant to the Colorado Rules of Civil Procedure, subsequent pleadings and notice may be served by regular mail.(e) Uniform Parentage Act Proceedings.(1) The petition and summons served in Uniform Parentage Act proceedings shall comply with all requirements of Title 19, Article 4 of the Colorado Revised Statutes. (2) The petition and summons, filed by one party, shall be personally served upon all other parties in accordance with § 19-4-105.5 , C.R.S., or § 19-4-109(2), C.R.S., or the Colorado Rules of Civil Procedure.(3) When the person to be served cannot be found after due diligence, service may be by a single publication pursuant to C.R.C.P. 4(g). Affidavits in support of motions for service by publication shall include a detailed statement of the specific efforts made to locate an absent parent. (4) The summons issued upon commencement of a proceeding under Article 4 shall include the specified advisements and notice requirements of § 19-4-105.5 , C.R.S. (5) If the child support enforcement unit is initiating a proceeding under the Uniform Parentage Act, a delegate shall serve the petition and notice of financial responsibility in the manner identified in § 26-13.5-104 , C.R.S.(f) Adoption Proceedings.(1) In adoption proceedings where either parent's parental rights have not been terminated or relinquished, that parent must be personally served with a copy of the petition for adoption.(2) When the person to be served cannot be found after due diligence, service may be by a single publication pursuant to C.R.C.P. 4(g). Affidavits in support of motions for service by publication shall include a detailed statement of the specific efforts made to locate an absent parent. (3) If the motion for service through publication is granted, the court shall order service by one publication of the notice in a newspaper of general circulation in the county in which the hearing is to be held. The hearing shall not be held sooner than 35 days after service of the notice is complete. (4) If the subject child in the adoption proceeding is an enrolled member of a federally recognized American Indian Nation, the petition for adoption must be sent to the parent or Indian custodian of the Indian child and to the Indian child's tribe by registered mail, return receipt requested, pursuant to § 19-1-126 , C.R.S., and § 19-5-208 , C.R.S., and proof shall be filed with the court. Postal receipts, or copies thereof, shall be attached to the petition for adoption when it is filed with the court or filed within 10 days after the filing of the petition, as specified in § 19-1 - 126(1)(c), C.R.S. (5) Service of petition and notice requirements do not apply to validation of a foreign adoption decree proceedings. (6) A petition for adult adoption shall be filed in accordance with § 19-5-208 , C.R.S. The petition and summons shall be served on the identified adult adoptee by the petitioner.(g) Support Proceedings under the Children's Code.(1) Upon filing of the petition for support, the clerk of court, petitioner, or child support enforcement unit shall issue a summons stating the hearing date and the substance of the petition. A copy of the petition may be attached to the summons in lieu of stating the substance of the petition in the summons. (2) Service of the summons shall be by personal service pursuant to C.R.C.P. 4(e). If the obligor is a nonresident of this state, the summons and petition may be served by sending the copies by certified mail with proof of actual receipt by the individual.(3) The hearing to establish support shall occur at least 10 days after service is completed, or any later date the court orders.(h) Administrative Procedure for Establishing Child Support by the Child Support Enforcement Unit.(1) The child support enforcement unit shall issue a notice of financial responsibility to an obligor who owes child support. (2) The child support enforcement unit shall serve the notice of financial responsibility on the obligor not less than 10 days prior to the date stated in the notice for the negotiation conference. Service can be accomplished in accordance with the Colorado Rules of Civil Procedure, by an employee appointed by the child support enforcement unit to serve process, or by certified mail, return receipt requested, signed by the obligor only. The receipt will be prima facie evidence of service.(3) If process is served through the administrative process, there will be no additional service necessary if the case is referred to court for further review.Entire chapter repealed and reenacted June 16, 1988, effective 1/1/1989; (a) amended and adopted, effective 2/24/1999; entire rule amended and adopted and committee comment added and adopted December 14, 2000, effective 1/1/2001; amended and effective 10/30/2014; amended and effective 3/2/2015.COMMITTEE COMMENT
Under Rule 2.2, a single publication is sufficient. There is no need for four weeks of publication.