Idaho Code
Idaho Code

Idaho Code § 16-1612 (2026)

Service of summons — Travel expenses — Necessary witnesses. 

✓ current as of May 2026
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Service of summons — Travel expenses — Necessary witnesses. 

(1) Service of summons shall be made personally by delivery of an attested copy thereof to the person summoned; provided that if the court is satisfied that it is impracticable to serve personally such summons or the notice provided for in the preceding section, he may order service by registered mail addressed to the last known address, or by publication thereof, or both. It shall be sufficient to confer jurisdiction if service is effected at least forty-eight (48) hours before the time fixed in the summons for the hearing.

(2)  When publication is used the summons shall be published once a week for two (2) consecutive weeks in a newspaper of general circulation in the county; such newspaper to be designated by the court in the order for publication of the summons, and such publication shall have the same force and effect as though such person had been personally served with said summons.
(3)  Service of summons, process or notice required by this chapter shall be made by the sheriff or other person appointed by the court, and a return must be made on the summons showing that service has been made.
(4)  The court may authorize payment of any necessary travel expenses incurred by any person summoned or otherwise required to appear at the hearing of any case coming within the purview of this chapter, and such expenses when approved by the court shall be a charge upon the county, except that not more than five (5) witnesses on behalf of any parent or guardian may be required to attend such hearing at the expense of the county.
(5)  The court may summon the appearance of any person whose presence is deemed necessary as a witness.
(6)  The child, each of his parents, guardian or custodian shall be notified as soon as practicable after the filing of a petition and prior to the start of a hearing of their right to be represented by counsel.
(7)  If any person summoned as herein provided shall, without reasonable cause, fail to appear, the court may proceed in such person’s absence or such person may be proceeded against for contempt of court.
(8)  Where the summons cannot be served, or the parties served fail to obey the same, or in any case when it shall be made to appear to the court that the service will be ineffectual, or that the welfare of the child requires that he be brought forthwith into the custody of the court, a warrant or capias may be issued for the parent, guardian or the child.
Notes of Decisions
Cited in 7 cases, 1981–2009 · leading case: Mueller v. Auker, 576 F.3d 979 (9th Cir. 2009).
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Mueller v. Auker, 576 F.3d 979 (9th Cir. 2009). · cites it 4× “Under former Idaho Code § 16-1612 , Detective Rogers as a "peace officer" had the responsibility to determine whether an endangered child should be placed in "shelter care" under temporary control of the State pending a court hearing.”
Overman v. Klein, 654 P.2d 888 (Idaho 1982). · cites it 8× “Second, if Neher thought the children were in apparent danger, to the extent that he believed *895 state intervention was necessary, then he could have proceeded under I.C. § 16-1612, which allows the state to step in and remove the children immediately.”
Overman v. Overman, 629 P.2d 127 (Idaho 1981). · cites it 6× “As is readily seen, nothing in that affidavit presented facts demonstrating an immediate need to seize the little children from their mother.”
Doe v. State, 182 P.3d 707 (Idaho 2008). · cites it 2× “7/18/88), was removed from Jane Doe’s home and taken into the custody of the Department of Health and Welfare on July 2, 2003 under I.C. § 16-1612. An Order of Temporary Custody was entered July 7, 2003.”
Jordan ex rel. Jordan v. Jackson, 15 F.3d 333 (4th Cir. 1994). “See Idaho Code § 16-1612 (Supp.1993) (hearing within 48 hours, excluding Saturdays, Sundays and holidays); Ill.”
In Re Jane Doe, I, 182 P.3d 707 (Idaho 2008). · cites it 2× “7/18/88), was removed from Jane Doe's home and taken into the custody of the Department of Health and Welfare on July 2, 2003 under I.C. § 16-1612. An Order of Temporary Custody was entered July 7, 2003.”
Mueller v. Rogers (9th Cir. 2009). · cites it 2× “Under former Idaho Code § 16-1612 , Detective Rogers as a “peace officer” had the responsibility to determine whether an endangered child should be placed in “shelter care” under temporary con- trol of the State pending a court hearing.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.