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Okla. Stat. tit. 10A, § 10A-2-2-107

This is the official text of Okla. Stat. tit. 10A, § 10A-2-2-107, 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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Summons – Warrant - Service

Official statutory text

A. After a petition shall have been filed, unless the parties

provided for in this section shall voluntarily appear, a summons

shall be issued which shall recite briefly the nature of the

proceeding with the phrase "as described more fully in the attached

petition" and requiring the person or persons who have the custody

or control of the child to appear personally and bring the child

before the court at a time and place stated. The summons shall

state the relief requested, and shall set forth the right of the

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 287

child, parents and other interested parties to have an attorney

present at the hearing on the petition.

B. The summons shall be served on the person who has actual

custody of the child, and if the child has reached the age of twelve

(12) years, a copy shall be served on the child. If the person who

has actual custody of the child shall be other than a parent or

guardian of the child, a copy of the summons shall be served on the

parent or guardian, or both. A copy of the summons shall be served

on a custodial parent, guardian or next friend. If no parent or

guardian can be found, a summons shall be served on such other

person or persons as the court shall designate.

Summons may be issued requiring the appearance of any other

person whose presence is necessary.

C. If it subsequently appears that a person who should have

been served was not served and has not entered an appearance, the

court shall immediately order the issuance of a summons which shall

be served on said person.

D. Service of summons shall be made as provided for service in

civil actions.

1. The court shall not hold the hearing until at least forty-

eight (48) hours after the service of the summons, except with the

consent of the parent or guardian of the child.

2. If the parent of the child 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, except with the consent of

the parent.

E. If after a petition has been filed, it appears that the

child is in such condition or surroundings that the welfare of the

child requires that custody be immediately assumed by the court, the

judge may immediately issue a detention order or warrant authorizing

the taking of said child into emergency custody. Any such child

shall not be considered to be in the custody of the Office of

Juvenile Affairs.

F. In a delinquency proceeding, whenever a warrant for the

arrest of a child shall issue, it shall state the offense the child

is being charged with having committed. Warrants for the arrest or

detention of a child shall comport with all other requirements of

issuance of arrest warrants for adult criminal offenders.

G. In case the summons cannot be served, or the parties served

fail to obey the same, or in any case when it shall be made to

appear to the judge that the service will be ineffectual or that the

welfare of the child requires that the child should be brought into

the custody of the court, a warrant may be issued against the parent

or guardian or against the child. Nothing in this section shall be

construed to authorize placement of a child in secure detention who

is not eligible for secure detention pursuant to Section 2-3-101 of

this title.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 288

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.