Statutes | Lummi Nation Code of Laws Title 8 Chapter 8.05 ยง 8.05.030 | 2020

(a) A summons along with a copy of the petition must be served on the child, if the child is over 13 years old, and to the child&rsquos parents, guardian, or custodian. If the child has been removed from the home of a legal guardian or custodian, the legal parents shall additionally be served.

 

(b) At a minimum, the summons shall:

(1) advise that a petition has been filed in the Children&rsquos Court to determine whether the child is in need of protection

(2) require personal attendance before the Court at the stated dates and time scheduled for the shelter-care hearing and the factfinding preliminary hearing

(3) advise that if the person fails to appear at the hearing, or at subsequent hearings scheduled in the matter for which the person has notice, that the court may enter a default order granting the relief requested in the petition

(4) advise that, if the person cannot for good cause appear personally at a hearing, the person can request permission from the court to appear telephonically and

(5) advise that free legal assistance is available through the Office of the Public Defender to the parents of the child and to a child age 13 or over the summons must provide the mailing address and telephone number for the Office of the Public Defender.

 

(c) Service and proof of service of the summons and petition shall be conducted under the rules set forth in LCL 3.03.030, 3.03.040(b) and 3.03.060. A child welfare worker is not a party to the action for purposes of service under LCL 3.03.030(b). Upon showing to the court that diligent efforts were made to locate and serve a parent and were unsuccessful, the court may allow service to be made by publication of the summons pursuant to the publication provisions in LCL 3.03.040(b). The published notice shall identify the child only be initials.