DMR.1.7.030 Service of Notice of Hearing and Petition

(a) The notice of hearing and petition shall be served by the petitioner upon any parent of the proposed ward, any current guardian or custodian of the proposed ward, the Child Welfare Director or the Assistant Child Welfare Director, and the guardian ad litem, if any. The Clerk of Court may serve the summons and petition on behalf of the petitioner. The Child Welfare Director or the Assistant Child Welfare Director is not required to appear in a guardianship case under this subchapter, but at the director's discretion may appear and participate as a party.

(b) The notice of hearing and petition shall be served personally or by first class mail, no less than ten days prior to the hearing. If personal service or service by mail cannot with reasonable diligence be accomplished, service may be made by publication 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 child, petitioner, or parents, or proposed guardian.

(6) Advice that a guardian of the child or of the child's estate may be ordered at the hearing.

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

(c) Upon motion of petitioner or of any other party, the Children's Court may waive constructive notice to any person if such notice appears unlikely to give effective notice.