1997 Minnesota Statutes

     260.141 Service of summons, notice. 

    Subdivision 1. Repealed, 1996 c 408 art 6 s 12 

    Subd. 1a.    Notice in lieu of summons; personal service. 
  The service of a summons or a notice in lieu of summons shall 
 be as provided in the rules of juvenile procedure. 

    Subd. 2.  Service of summons, notice, or subpoena required 
 by sections 260.135 to 260.231 shall be made by any suitable 
 person under the direction of the court, and upon request of the 
 court shall be made by a probation officer or any peace 
 officer.  The fees and mileage of witnesses shall be paid by the 
 county if the subpoena is issued by the court on its own motion 
 or at the request of the county attorney.  All other fees shall 
 be paid by the party requesting the subpoena unless otherwise 
 ordered by the court.  

    Subd. 2a.  In any proceeding regarding a child in need of 
 protection or services in a state court, where the court knows 
 or has reason to know that an Indian child is involved, the 
 prosecuting authority seeking the foster care placement of, or 
 termination of parental rights to an Indian child, shall notify 
 the parent or Indian custodian and the Indian child's tribe of 
 the pending proceedings and of their right of intervention.  The 
 notice must be provided by registered mail with return receipt 
 requested unless personal service is accomplished.  If the 
 identity or location of the parent or Indian custodian and the 
 tribe cannot be determined, the notice shall be given to the 
 Secretary of the Interior of the United States in like manner, 
 according to the Indian Child Welfare Act of 1978, United States 
 Code, title 25, section 1912.  No foster care placement 
 proceeding or termination of parental rights proceeding shall be 
 held until at least ten days after receipt of notice by the 
 parent or Indian custodian and the tribe or the Secretary.  
 However, the parent or Indian custodian or the tribe shall, upon 
 request, be granted up to 20 additional days to prepare for the 
 proceeding. 

    Subd. 3.  Proof of the service required by this section 
 shall be made by the person having knowledge thereof.  

    HIST: 1959 c 685 s 19; 1963 c 516 s 5,6; 1980 c 580 s 11; 1986 
 c 444; 1989 c 235 s 10; 1994 c 598 s 6; 1994 c 631 s 31; 1996 c 
 408 art 6 s 3