2-2-12. SERVICE BY PUBLICATION.

In the event that personal service as required by the above Section is not possible because the person to be served cannot be located after a reasonably diligent attempt to locate said person or because one of the natural parents cannot be identified, such facts and circumstances shall be set forth in an Affidavit presented to the Court.  If the Court is satisfied that a reasonable effort has been made to locate and identify the person to be served and that such reasonable effort has been unsuccessful, the Court may enter an Order authorizing service by publication or posting.  Service by publication or posting shall be done by posting a copy of the Notice of Hearing at the post office serving the community of the person’s last known residence on the reservation or by publication of said notice of hearing in a legal newspaper designated by the Tribal Council for such purposes at least 10 days prior to the date fixed for hearing.  A copy of the Notice of Hearing shall also be posted in the Tribal Courthouse and in at least one conspicuous place in the Tribal Building in Rosebud, South Dakota.  In either case, a copy of the Notice and Petition shall be mailed to said person at his last known post office address by first class mail so that the same can be forwarded.  The fact of completed service shall be made to appear by affidavit of the person having posted or mailed the notices and by Affidavit of Publication from the legal newspaper if publication was ordered by the Court.