§ 1-4-905. Notice of hearing to terminate parental rights
Oklahoma Statutes AnnotatedTitle 10A. Children and Juvenile CodeEffective: November 1, 2023
Effective: November 1, 2023
10A Okl.St.Ann. § 1-4-905
§ 1-4-905. Notice of hearing to terminate parental rights
A. 1. Prior to a hearing on the petition or motion for termination of parental rights, notice of the date, time, and place of the hearing and a copy of the petition or motion to terminate parental rights shall be served upon the parent who is the subject of the termination proceeding by personal delivery, by certified mail, or by publication as provided for in Section 1-4-304 of this title.
2. The notice shall contain the following or substantially similar language: “FAILURE TO PERSONALLY APPEAR AT THIS HEARING CONSTITUTES CONSENT TO THE TERMINATION OF YOUR PARENTAL RIGHTS TO THIS CHILD OR THESE CHILDREN. IF YOU FAIL TO APPEAR ON THE DATE AND TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE CHILD OR CHILDREN NAMED IN THE PETITION OR MOTION ATTACHED TO THIS NOTICE.”
5. The failure of a parent who has been served with notice under this section to personally appear at the hearing shall constitute consent to the termination of parental rights by the parent given notice. When a parent who appears voluntarily or pursuant to notice is directed by the court to personally appear for a subsequent hearing on a specified date, time and location, the failure of that parent to personally appear, or to instruct his or her attorney to proceed in absentia at the trial, shall constitute consent by that parent to termination of his or her parental rights.
B. 1. The court shall have the power to vacate an order terminating parental rights if the parent whose parental rights were terminated pursuant to subsection A of this section files a motion to vacate the order within thirty (30) days after the order is filed with the court clerk. This section shall be the exclusive procedure by which a parent can move to vacate an order terminating parental rights entered under this section.
Credits
Laws 1968, c. 282, § 131, eff. Jan. 13, 1969; Laws 1977, c. 259, § 18, eff. Oct. 1, 1977; Laws 1978, c. 227, § 1; Laws 1985, c. 337, § 3, eff. Feb. 1, 1986; Laws 1986, c. 263, § 7, operative July 1, 1986. Renumbered from Title 10, § 1131 and amended by Laws 1995, c. 352, §§ 66, 199, eff. July 1, 1995. Laws 1998, c. 421, § 30, emerg. eff. June 11, 1998. Renumbered from Title 10, § 7006-1.2 and amended by Laws 2009, c. 233, §§ 77, 264, emerg. eff. May 21, 2009; Laws 2023, c. 57, § 1, eff. Nov. 1, 2023.
10A Okl. St. Ann. § 1-4-905, OK ST T. 10A § 1-4-905
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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