Lac Courte Oreilles Law Library
Lac Courte Oreilles Tribal Code of Law.

DMR.1.6.060 Service of Summons and Petition

(a) The Clerk of Court shall cause the summons and petition to be served on the parent or parents of the child; any person who may, based on statements of the person or the mother, be the father of the child; the guardian, guardian ad litem, and custodian of the child, as applicable; and the child, if 12 years of age or older, except that no summons and petition need be served on any person who may be the father of a child conceived as a result of sexual assault.

(b) The summons and petition shall be served personally or by certified mail, return receipt requested, with delivery restricted to the addressee, no less than 30 days prior to the initial hearing. If personal service or service by mail cannot with reasonable diligence be accomplished, service may be made by publication one time in a newspaper likely to give notice to the party or upon the tribal website, together with mailing of the summons and petition to the party's last known address. The published notice shall contain the following information:

(1) The name of the party or parties to whom notice is given.

(2) The former address of the party or parties.

(3) The approximate date and place of conception of the child.

(4) The date and place of the birth of the child.

(5) The notice shall not include the name of the mother unless the mother consents. The notice shall not include the name of the child unless the Court finds that inclusion is essential to give effective notice to the father.

(6) Advice that the parental rights of any parent or alleged parent who fails to appear may be terminated.

(7) Advice that any party has the right to representation by counsel at his or her own expense.

(c) Upon motion of petitioner, the Children's Court may waive constructive notice to any person whose identity is unknown but may be the father of the child if such notice appears unlikely to give the father effective notice.