15-11-422. Content of petitions.

A petition seeking an adjudication that a child is a child in need of services shall be verified and may be on information and belief. It shall set forth plainly and with particularity:#

1. (1)

   The facts which bring a child within the jurisdiction of the court, with a statement that it is in the best interests of the child and the public that the proceeding be brought;#

2. (2)

   The name, date of birth, and residence address of the child alleged to be a child in need of services;#

3. (3)

   The name and residence address of the parent, guardian, or legal custodian of the child named in the petition; or, if such child’s parent, guardian, or legal custodian does not reside or cannot be found within the state or if such place of residence address is unknown, the name of any known adult relative of such child residing within the county or, if there is none, the known adult relative of such child residing nearest to the location of the court;#

4. (4)

   The name and age of any other family member of such child living within such child’s home;#

5. (5)

   Whether all available and appropriate attempts to encourage voluntary use of community services by such child’s family have been exhausted; and#

6. (6)

   Whether any of the information required by this subsection is unknown.#

If a petition seeking an adjudication that a child is a child in need of services is based on a complaint filed by a school official, such petition shall be dismissed unless it includes information which shows that:#

1. (1)

   The legally liable school district has sought to resolve the expressed problem through available educational approaches; and#

2. (2)

   The school district has sought to engage such child’s parent, guardian, or legal custodian in solving the problem but any such individual has been unwilling or unable to do so; that the problem remains; and that court intervention is needed.#

If a petition seeking an adjudication that a child is a child in need of services is based on a complaint filed by a school official involving a child who is eligible or suspected to be eligible for services under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973, such petition shall be dismissed unless it includes information which demonstrates that the legally liable school district:#

1. (1)

   Has determined that such child is eligible or suspected to be eligible under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973; and#

2. (2)

   Has reviewed for appropriateness such child’s current Individualized Education Program (IEP) and placement and has made modifications where appropriate.#