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Table of Contents

A. Procedure

The court may order a precept sua sponte or upon the request of the petitioner or the Department. The precept shall be served by a court officer, constable, deputy sheriff, sheriff, police officer, or other person designated by the court and shall be on a form approved by the Chief Justice of the Juvenile Court.

B. Service

The precept shall be served forthwith. The child shall be brought to the court within court hours and identified. Nothing in this rule limits the authority or responsibility of the Department regarding the care and custody of children as set forth in statutes, case law and Department regulations.

C. Return of service

The officer or other person making service in accordance with this rule shall make a return of service on the precept and file it promptly with the court.

Note

If the precept is served and the child cannot be brought before the court the same day, the Department shall bring the child to the court for identification as soon thereafter as practicable. If available and with prior arrangement, the child may be identified by way of videoconference. See Executive Office Transmittal 14-4 Trial Court Videoconferencing Policy. The child should be identified by a judge from the court that issued the precept. However, if necessary and with prior arrangement, the child may be identified by a judge from a different Juvenile Court. See Order of Assignment dated February 12, 2014 authorizing justices appointed to a particular division of the Juvenile Court Department and circuit justices appointed to the Juvenile Court Department to sit and act as justices in all divisions of the Juvenile Court Department.

Downloads for Rules for the Care and Protection of Children: Rule 3. Precepts

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