Rule 8. Petition for Adjudication, Summons

(a) Petition. Formal proceedings are commenced by the Department filing a verified petition for adjudication which contains a statement of facts which brings the juvenile within the jurisdiction of the court under AS 47.12.020. The petition may be verified on information and belief, and must establish probable cause to believe that an offense has been committed and that the minor has committed it. (b) Summons. Upon the filing of a petition for adjudication, the court shall set a time for the arraignment on petition and shall, if the juvenile is not in custody, issue a summons to be served with the petition compelling the attendance of the juvenile. The court shall issue a summons compelling the attendance of the juvenile’s parents or guardian at the hearing. If the summons and petition are not contained in one document, the petition must be attached to and incorporated by reference into the summons. The summons must contain a statement advising the parties of their right to counsel. (c) Service. The petition must be served on the juvenile and the juvenile’s parents or guardian. The petition and the summons, if issued, must be served on the juvenile pursuant to Criminal Rule 4(c), except that the court may appoint a probation officer or other competent person to serve the summons and petition. The parents or guardian may be served in the same manner as the juvenile or by any method of service allowed under Civil Rule 4, including registered or certified mail, or specified by the court. Inability to obtain service on a parent or guardian does not deprive the court of jurisdiction. The Department shall also provide a copy of the petition to the juvenile’s foster parents. (d) Dismissal. The court may dismiss a petition at any time based on a finding of good cause consistent with the welfare of the juvenile and the protection of the public. (e) Amendment. A petition may be amended with leave of the court at any time before adjudication. Amendment will be freely permitted to promote the interests of justice, the welfare of the juvenile and the protection of the public. Note to SCO 1269: Delinquency Rule 8(b) was amended by § 6 ch. 144 SLA 1996. Section 25 of this order is adopted for the sole reason that the legislature has mandated the amendment. Note: Chapter 70 SLA 2005 (SB 154) enacted changes concerning proceedings relating to delinquent minors. According to section 10 of the Act, the changes made by sections 1-8 of the Act have the effect of amending Delinquency Rule 8(b) and (c) by requiring the court to conform the rule to the statutory changes to acknowledge the inclusion of certain persons 18 years of age or over as minors under AS 47.12 and AS 47.14 and to acknowledge the special statutory provisions contained in sections 1-8 of the Act applicable to those persons. Cross References CROSS REFERENCE: AS 47.12.040; AS 47.12.050; AS 47.12.070; AS 47.12.250(b). PART IV. DISCOVERY, EVIDENCE, PROOF