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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Title 3. Child and Family Protection
3-16. Notice of Formal Trial on the Issues

LLOjibwe JCT3 CFC § 3-16
3-16. Notice of Formal Trial on the Issues

A. Summons

The Court shall issue a summons to the parent, guardian or custodian and such other persons as appear to the Court to be proper or necessary parties to the proceedings. The summons shall require them to appear personally before the Court at the time set for the formal tribal.

B. Attachments to Summons

A copy of the child/family protection petition if not previously successfully served shall be attached to each summons. The Court shall also attach a notice to the parent, guardian or custodian which advises them of their rights under Chapter 3-13 of this Code.

C. Personal Service

If the parties to be served with a summons have not previously appeared on the matter before the Court and can be found within the exterior boundaries of the reservation, the summons, a copy of the child/family protection petition and the notice of rights shall be personally served upon them at least fifteen (15) court days before the formal trail on the issues.

D. Mail Service

If the parties have previously been served with the petition and have appeared on the matter before the Court and if their address is known, the summons, and notice of rights may be served by mail at least ten (10) days before the formal trial.

E. Notice to Extended Family

If the Court cannot accomplish personal or mail service, the Court shall attempt to notify the parent, guardian or custodian by contacting members of the extended family of to the parent, guardian, custodian, and/or the extended family of the child.

F. Service of Summons

Service of summons may be made under the direction of the Court by any person eighteen (18) years of age or older who is not a party to the proceedings.

G. Publication

In a child/family protection case where it appears within the body of to the petition or within an accompanying statement that the parent, guardian or custodian is a non-resident of the reservation, or that their name, place of residence or whereabouts is unknown, as well as in all cases where after due personal service or service by mail has been unable to be effected, the Court may permit the petitioner to publish legal notice as a provided in Title 2, Leech Lake Rule of Procedure, File 5.C(5). Such notice shall be directed to the parent, guardian or custodian if their names are known, or if unknown a phrase to whom it may concern may be used and applied to and be binding upon any such person whose names are unknown. The name of the Court, name of the child, the date of the filing of the petition, the date of the hearing, and the object of the proceeding in general terms, shall be set forth. There shall be filed with the clerk an affidavit showing publication of the notice. The publication of the notice shall be paid by the Band. The publication of the notice shall be deemed equivalent to personal service upon all persons known or unknown who have been designated as provided in this section.

H. Contempt Warning

The summons issued by the Court shall conspicuously display the words:

NOTICE: VIOLATION OF THIS ORDER IS SUBJECT TO PROCEEDINGS FOR CONTEMPT OF COURT PURSUANT TO TRIBAL CODE, TITLE 1, SECTION 4. THE COURT MAY FIND YOU IN CONTEMPT FOR FAILURE TO APPEAR AT A COURT HEARING OR FOR FAILURE TO FOLLOW COURT ORDERS.

Resolution No. 03-62, presented and acted upon on December 23, 2002.

Leech Lake Ojibwe Jud. Code, T. 3, Child & Fam. Protect. Code § 3-16, LLOjibwe JCT3 CFC § 3-16

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