§ 3152. 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 trial.

(b) Attachments to Summons. A copy of the child / family protection petition 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 section 3149 of this chapter.

(c) Personal Service. If the parties to be served with a summons can be found within the territorial jurisdiction of the Mille Lacs Band, the summons, a copy of the child / family protection petition and the notice of rights shall be served personally upon them at least twenty (20) court days before the formal trial on the issues.

(d) Mail Service. If the parties are within the exterior boundaries of the reservation but cannot be personally served, and if their address is known, the summons, petition and notice of rights may be served by certified mail with a return receipt requested, at least twenty (20) days before the formal trial.

(e) Notice to Extended Family. If the court cannot accomplish personal or mail service on the parent, guardian or custodian, the court shall attempt to notify the parent, guardian, custodian by contacting members of the extended family of 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 the petition or within an accompanying statement that the parent, guardian or custodian does not reside within the territorial jurisdiction of the Mille Lacs Band, 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 certified mail has been unable to be effected, the court shall direct the clerk to publish legal notice in a newspaper, printed in the county or on the reservation, qualified to publish summons once a week for three consecutive weeks with the first publication of the notice to be at least twenty-one (21) days prior to the date fixed for the hearing. 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, be used and applied to and be binding upon any such person whose names are unknown. The name of the court, 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 Mille Lacs 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 paragraph.

(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 MILLE LACS BAND STATUTE 1303-MLC-4, SECTION 17.05. THE COURT MAY FIND THE PARENT, GUARDIAN OR CUSTODIAN IN CONTEMPT FOR FAILURE TO APPEAR AT A COURT HEARING OR FOR FAILURE TO FOLLOW COURT ORDERS.

                                                                           Historical and Statutory Notes

Source: Band Ordinance 01-96, § 17.