Statutes | Menominee Tribal Code Part II Chapter 278 Article XII ยง 278-166 | 2020
A.
Form and content. A petition initiating any proceeding under this article shall be captioned "Menominee Tribal Court," "Menominee Indian Reservation" and entitled, "In the interest of _____, DOB: _____ and shall set forth with specificity:
(1)
The facts necessary to invoke the jurisdiction of the Court.
(2)
A statement that the child has engaged in a delinquent act(s) and is in need of care or rehabilitation.
(3)
A citation to the specific criminal statute or other law or ordinance which the child is alleged to have violated.
(4)
A plain and concise statement of facts upon which the allegations are based, including the date, time and location at which the alleged act(s) occurred.
(5)
The name, birth date, physical and mailing address of the child.
(6)
The names and physical and mailing addresses of parent(s), guardian(s), caretaker(s) and spouse, if any, of the child and if none of the parent(s), guardian(s), caretaker(s) or spouse, if any, reside or can be found within the Menominee Reservation, or if their physical or mailing addresses are unknown, the name of any known adult relative residing within the boundaries of the Menominee Reservation, or if none, the known adult relative living nearest to the Court.
(7)
The name of the Prosecutor presenting the petition and the date and time presented.
(8)
Whether the child is in custody, and if so, the place of detention and the time the child was taken into custody.
(9)
Assertion that petition is filed within the 20 calendar days of preliminary inquiry or pursuant to this article.
(10)
If any matters required to be set forth by this section are not known, a statement that they are not known should be made.
C.
Notice shall be served via first class and certified mail, return receipt requested for any person that parties or the Court deem necessary for proper adjudication
D.
If any party who is required to be personally served is outside the Tribes service area, or a minimum of three attempts of personal service have been made, service shall be by certified mail, return receipt requested, or by any means reasonably designed to give notice.
E.
If any current partys address is unknown, the petition shall be published in a regularly published newspaper of the last known area the party resided in.
F.
Service shall be made by any person over the age of 18 who is not a party to the proceedings.