Okla. Stat. tit. 10A, § 10A-1-4-304
This is the official text of Okla. Stat. tit. 10A, § 10A-1-4-304, part of Oklahoma’s Stat. tit. 10A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 10A,." Browse the sections below, each linked to its official government source.
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Service of summons
Official statutory text
A. 1. Service of summons shall be made by personal delivery,
by mail, or by publication as provided for in civil actions pursuant
to Section 2004 of Title 12 of the Oklahoma Statutes or any
successor statute.
2. The court shall not hold the adjudication hearing until at
least forty-eight (48) hours after the service of summons.
3. If the parent or legal guardian is not served within the
state, the court shall not hold the hearing until at least five (5)
days after the date of mailing the summons.
4. The state shall conduct a distinct and meaningful search of
all reasonably available sources to locate and notify the parents
and legal guardians of proceedings being held pursuant to the
Oklahoma Children’s Code; provided, that a hearing shall not be
delayed if a parent or legal guardian cannot be located.
B. 1. Before service by publication is authorized, the state
shall file an affidavit with the court stating that after a distinct
and meaningful search of all reasonably available sources, the
parent or legal guardian of the child could not be identified or
located, as applicable, and describing the diligent efforts made to
identify, locate, and serve the party. The affidavit shall be
sufficient evidence of the diligence exercised by the state to
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 90
identify or locate a party who is the subject of the publication
notice. An affidavit prepared by the Department describing a
distinct and meaningful search of all reasonably available sources
to locate a party may be adopted by the state as evidence of
additional efforts made to locate or identify the party.
2. Upon complying with this subsection, the state may obtain an
order from the court authorizing service to be made upon the party
by publication. A copy of the petition and summons shall also be
mailed by regular first-class mail to the party at his or her last-
known place of residence. Service by publication is complete on the
date of the last publication in accordance with paragraph 3 of this
subsection.
3. The publication notice may be directed to all persons known,
alleged, presumed, or claiming to be the father, mother, or legal
guardian of the child. If the name of a party is unknown, the
notice shall be directed to the unknown father, mother, or legal
guardian, as applicable, and such notice, when published pursuant to
this subsection, shall apply to and be binding upon those persons
whose names are unknown. The notice shall contain the name of the
court and the case number, the initials of the child who is the
subject of the proceedings, the date and location of the birth of
the child, the name of the mother and father of the child, if known,
the time and date of the hearing, and the purpose of the hearing.
The notice shall also contain, in type at least as large as the
balance of the document, the following or substantially similar
language:
“FAILURE TO APPEAR AT THIS HEARING CONSTITUTES CONSENT TO THE
ADJUDICATION OF THIS CHILD AS A DEPRIVED CHILD AND MAY ULTIMATELY
RESULT IN LOSS OF CUSTODY OF THIS CHILD OR THE TERMINATION OF
PARENTAL RIGHTS TO THIS CHILD.”
An affidavit showing publication of the notice shall be filed
with the court clerk. The publication of notice shall be deemed
equivalent to personal service upon all persons, known or unknown,
who have been designated in the notice.
4. Service by publication shall be made by publishing a notice
one time at least twenty-five (25) days prior to the date fixed for
the hearing. Service shall be made in a newspaper authorized by law
to publish legal notices which is published in the county where the
petition is filed. If no newspaper authorized by law to publish
legal notices is published in the county, the notice shall be
published in some such newspaper of general circulation which is
published in an adjoining county.
C. Notice by publication may proceed simultaneously with
all be made in a newspaper authorized by law
to publish legal notices which is published in the county where the
petition is filed. If no newspaper authorized by law to publish
legal notices is published in the county, the notice shall be
published in some such newspaper of general circulation which is
published in an adjoining county.
C. Notice by publication may proceed simultaneously with
efforts to serve notice by personal delivery or by mail upon a
determination by the court that there is reason to believe service
by personal delivery or by mail will not be successful.
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 91
D. Costs of publication shall be paid by the court fund and
assessed as costs against the child’s parents and legal guardian as
applicable.
by mail, or by publication as provided for in civil actions pursuant
to Section 2004 of Title 12 of the Oklahoma Statutes or any
successor statute.
2. The court shall not hold the adjudication hearing until at
least forty-eight (48) hours after the service of summons.
3. If the parent or legal guardian is not served within the
state, the court shall not hold the hearing until at least five (5)
days after the date of mailing the summons.
4. The state shall conduct a distinct and meaningful search of
all reasonably available sources to locate and notify the parents
and legal guardians of proceedings being held pursuant to the
Oklahoma Children’s Code; provided, that a hearing shall not be
delayed if a parent or legal guardian cannot be located.
B. 1. Before service by publication is authorized, the state
shall file an affidavit with the court stating that after a distinct
and meaningful search of all reasonably available sources, the
parent or legal guardian of the child could not be identified or
located, as applicable, and describing the diligent efforts made to
identify, locate, and serve the party. The affidavit shall be
sufficient evidence of the diligence exercised by the state to
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 90
identify or locate a party who is the subject of the publication
notice. An affidavit prepared by the Department describing a
distinct and meaningful search of all reasonably available sources
to locate a party may be adopted by the state as evidence of
additional efforts made to locate or identify the party.
2. Upon complying with this subsection, the state may obtain an
order from the court authorizing service to be made upon the party
by publication. A copy of the petition and summons shall also be
mailed by regular first-class mail to the party at his or her last-
known place of residence. Service by publication is complete on the
date of the last publication in accordance with paragraph 3 of this
subsection.
3. The publication notice may be directed to all persons known,
alleged, presumed, or claiming to be the father, mother, or legal
guardian of the child. If the name of a party is unknown, the
notice shall be directed to the unknown father, mother, or legal
guardian, as applicable, and such notice, when published pursuant to
this subsection, shall apply to and be binding upon those persons
whose names are unknown. The notice shall contain the name of the
court and the case number, the initials of the child who is the
subject of the proceedings, the date and location of the birth of
the child, the name of the mother and father of the child, if known,
the time and date of the hearing, and the purpose of the hearing.
The notice shall also contain, in type at least as large as the
balance of the document, the following or substantially similar
language:
“FAILURE TO APPEAR AT THIS HEARING CONSTITUTES CONSENT TO THE
ADJUDICATION OF THIS CHILD AS A DEPRIVED CHILD AND MAY ULTIMATELY
RESULT IN LOSS OF CUSTODY OF THIS CHILD OR THE TERMINATION OF
PARENTAL RIGHTS TO THIS CHILD.”
An affidavit showing publication of the notice shall be filed
with the court clerk. The publication of notice shall be deemed
equivalent to personal service upon all persons, known or unknown,
who have been designated in the notice.
4. Service by publication shall be made by publishing a notice
one time at least twenty-five (25) days prior to the date fixed for
the hearing. Service shall be made in a newspaper authorized by law
to publish legal notices which is published in the county where the
petition is filed. If no newspaper authorized by law to publish
legal notices is published in the county, the notice shall be
published in some such newspaper of general circulation which is
published in an adjoining county.
C. Notice by publication may proceed simultaneously with
all be made in a newspaper authorized by law
to publish legal notices which is published in the county where the
petition is filed. If no newspaper authorized by law to publish
legal notices is published in the county, the notice shall be
published in some such newspaper of general circulation which is
published in an adjoining county.
C. Notice by publication may proceed simultaneously with
efforts to serve notice by personal delivery or by mail upon a
determination by the court that there is reason to believe service
by personal delivery or by mail will not be successful.
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 91
D. Costs of publication shall be paid by the court fund and
assessed as costs against the child’s parents and legal guardian as
applicable.
Status: in_force · Read it on the official government site
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