If the Court determines that the child has no identified legal father as defined in Article I, § 7.5-2, the Court will take appropriate action as follows:
A.
Initial testimony. The Court will take initial testimony regarding
the identity and address of any putative father.
B.
If the Court finds just cause to believe that an identifiable person
is the natural father of the child, the Court will direct that notice
be served on that person in the manner as provided in this section.
The notice will include the following information:
(1)
A petition that has been filed with the Court;
(2)
The time and place of hearing at which the putative father is to
appear; and
(3)
Notice that failure to attend the hearing will be deemed to constitute
a denial of interest in the child, a waiver of any claim to parental
rights, and a waiver of notice for all subsequent hearings, including
termination of parental rights.
C.
Hearing. After proof of service of notice upon the putative father
is filed, the Court may conduct a hearing to determine if:
(1)
Service and notice was adequate to inform the putative father of
the proceedings and his potential rights. If so, the Court may proceed;
(2)
If the putative father appears before the Court at the time and place
specified, the Court shall proceed to determine paternity under tribal
law;
(3)
Failure to appear.
(a)
The Court may find that by failing to appear, barring extraordinary
circumstances, after proper notice and/or failure to comply with court
orders to establish paternity, the putative father waives all rights
to further notice, including the right to notice of termination of
parental rights.
(b)
If the putative father does not appear the Court will inquire
about the adequacy of efforts to notify and to obtain the presence
of the party. The Court may find that by failing to appear, after
proper notice and/or failure to comply with court orders to establish
paternity, the putative father waives all rights to further notice,
including the right to notice of termination of parental rights.
(c)
If the putative father appears, but fails to establish paternity
within the time set by the Tribal Court.
(4)
After diligent inquiry, the identity of the father cannot be determined
the Court may publish notice at least once in a manner calculated
to alert any person who may be the father of the child. If no person
comes forward within a time certain, the Court will terminate the
parental rights of the unknown father and proceed without further
notice.
(5)
Waiver of rights. The Tribal Court may find that the putative father
waives all rights to notice, including the right to notice of termination
of parental rights, and the right to legal counsel if:
