Okla. Stat. tit. 10A, § 10A-1-4-905
This is the official text of Okla. Stat. tit. 10A, § 10A-1-4-905, 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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Notice of hearing to terminate parental rights
Official statutory text
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
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 166
CHILD OR CHILDREN NAMED IN THE PETITION OR MOTION ATTACHED TO THIS
NOTICE."
3. Notice shall be served upon the parent not less than fifteen
(15) calendar days prior to the hearing.
4. Any actual notice of termination of parental rights shall
state that the duty of the parent to support his or her minor child
will not be terminated except for adoption as provided by paragraph
3 of subsection B of Section 1-4-906 of this title.
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.
2. Notice of the motion shall be given to all the parties and
their attorneys and the court shall set the matter for hearing
expeditiously.
3. The burden of proof is on the defaulting parent to show that
he or she had no actual notice of the hearing, or due to unavoidable
casualty or misfortune the parent was prevented from either
contacting his or her attorney, if any, or from attending the
hearing or trial.
4. If the motion to vacate the order terminating parental
rights due to a failure to appear is found to have merit, the
statutory consent shall be set aside and a new trial conducted.
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
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 166
CHILD OR CHILDREN NAMED IN THE PETITION OR MOTION ATTACHED TO THIS
NOTICE."
3. Notice shall be served upon the parent not less than fifteen
(15) calendar days prior to the hearing.
4. Any actual notice of termination of parental rights shall
state that the duty of the parent to support his or her minor child
will not be terminated except for adoption as provided by paragraph
3 of subsection B of Section 1-4-906 of this title.
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.
2. Notice of the motion shall be given to all the parties and
their attorneys and the court shall set the matter for hearing
expeditiously.
3. The burden of proof is on the defaulting parent to show that
he or she had no actual notice of the hearing, or due to unavoidable
casualty or misfortune the parent was prevented from either
contacting his or her attorney, if any, or from attending the
hearing or trial.
4. If the motion to vacate the order terminating parental
rights due to a failure to appear is found to have merit, the
statutory consent shall be set aside and a new trial conducted.
Status: in_force · Read it on the official government site
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