RULE 8.045. NOTICE TO APPEAR

(a) Definition. A notice to appear, unless indicated
otherwise, means a written order issued by a law enforcement
officer or authorized agent of the department, in lieu of taking a
child into custody or detaining a child, which requires a child
accused of violating the law to appear in a designated court or
governmental office at a specified date and time. The notice must
indicate whether appearance via communication technology is
permitted.

(b) By Arresting Officer. If a child is taken into custody for
a violation of law and the officer elects to release the child as
provided by law to a parent, responsible adult relative, or legal
guardian, a notice to appear may be issued to the child by the
officer unless:

(1) the child fails or refuses to sufficiently identify
himself or herself or supply the required information;

(2) the child refuses to sign the notice to appear;

(3) the officer has reason to believe that the continued
liberty of the child constitutes an unreasonable risk of bodily injury
to the child or others;

(4) the child has no ties with the jurisdiction
reasonably sufficient to ensure an appearance or there is
substantial risk that the child will refuse to respond to the notice;

(5) the officer has any suspicion that the child may be
wanted in any jurisdiction; or

(6) it appears that the child has previously failed to
respond to a notice or a summons or has violated the conditions of
any pretrial release program.

(c) By Departmental Agent. If a child is taken into custody
by an authorized agent of the department as provided by law, or if
an authorized agent of the department takes custody of a child from
a law enforcement officer and the child is not detained, the agent
shall issue a notice to appear to the child upon the child’s release to
a parent, responsible adult relative, or legal guardian.

(d) How and When Served. If a notice to appear is issued, 6
copies shall be prepared. One copy of the notice shall be delivered
to the child and 1 copy shall be delivered to the person to whom the
child is released. In order to secure the child’s release, the child and
the person to whom the child is released shall give their written
promise that the child will appear as directed in the notice by
signing the remaining copies. One copy is to be retained by the
issuer and 3 copies are to be filed with the clerk of the court.

(e) Distribution of Copies. The clerk shall deliver 1 copy of
the notice to appear to the state attorney and 1 copy to the
department and shall retain 1 copy in the court’s file.

(f) Contents. A notice to appear shall contain the following
information:

(1) the name and address of the child and the person to
whom the child was released;

(2) the date of the offense(s);

(3) the offense(s) charged by statute and municipal
ordinance, if applicable;

(4) the counts of each offense;

(5) the time and place where the child is to appear;

(6) the name and address of the trial court having
jurisdiction to try the offense(s) charged;

(7) the name of the arresting officer or authorized agent
of the department; and

(8) the signatures of the child and the person to whom
the child was released.
(g) Failure to Appear. When a child signs a written notice to
appear and fails to respond to the notice, an order to take into
custody shall be issued. The court shall not issue an order to take
into custody for a child in the care or custody of the state unless
the court has information that the child willfully failed to appear.

(h) Form of Notice. The notice to appear shall be
substantially as found in form 8.930.

Committee Notes
1991 Adoption. This rule allows juveniles to be released with
definite notice as to when they must return to court. This should
help decrease the number of juveniles held in detention centers
awaiting a court date. It also should provide a mechanism to divert
juveniles to programs more efficiently. The change also should
decrease the number of summons issued by the clerk.

1992 Amendment. A summons is not sworn but the arrest
affidavit that is filed with the notice to appear is sworn. The notice
to appear, which is more like a summons, does not need to be
sworn.