Okla. Stat. tit. 10A, § 1-4-303
Scheduling of Hearing - Issuance and Contents of Summons - Service - Waiver of Service
Effective Jun 11, 1998Added by Laws 1968, SB 446, c. 282, § 104, eff. January 13, 1969; Amended by Laws 1977, HB 1121, c. 259, § 5, eff. October 1, 1977; Amended by Laws 1981, SB 112, c. 238, § 1, eff. October 1, 1981; Amended by Laws 1988, SB 517, c. 318, § 2, emerg. eff. July 6, 1988; Amended by Laws 1990, HB 1815, c. 238, § 3, emerg. eff. May 21, 1990; Amended by Laws 1993, SB 371, c. 342, § 3, emerg. eff. July 1, 1993; Amended by Laws 1995, HB 1978, c. 352, § 18, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1104 by Laws 1995, HB 1878, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 1996, HB 2960, c. 353, § 17, eff. November 1, 1996; Amended by Laws 1998, SB 1224, c. 421, § 9, emerg. eff. June 11, 1998 (superseded document available).
A.
- 1. After a petition for a deprived child proceeding has been filed, unless the parties provided for in this section voluntarily appear, a summons shall be issued.
- 2. The summons shall recite briefly the nature of the proceeding with the phrase "as described more fully in the attached petition" and shall require 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.
- 3. The summons shall state the relief requested, and shall set forth the right of the child, parents and other interested parties to have an attorney present at the hearing on the petition.
- 4. The summons shall also contain, in type at least as large as the balance of the document, the following or substantially similar language: "FAILURE TO RESPOND TO THIS SUMMONS OR TO APPEAR AT THIS HEARING CONSTITUTES CONSENT TO THE ADJUDICATION OF THIS CHILD (OR THESE CHILDREN) AS DEPRIVED CHILDREN AND MAY ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD OR THE TERMINATION OF PARENTAL RIGHTS TO THIS CHILD."
B.
- 1. The summons shall be served on the person who has legal custody of the child. If the child has reached the age of twelve (12) years, a copy shall be served on the child.
- 2. If the person who has legal custody of the child is other than a parent, legal guardian or custodian of the child, a copy of the summons shall be served on the parent, legal guardian or custodian, or all, as hereinafter provided. 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.
- C. Summons may be issued requiring the appearance of any other person whose presence is necessary.
- D. 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 such person.
- E. If after a petition has been filed, it appears that the child is in such condition or in such surroundings that the child's welfare requires that custody of the child be immediately assumed by the court, the judge may immediately issue an order authorizing the taking of the child into emergency custody.
Added by Laws 1968, SB 446, c. 282, § 104, eff. January 13, 1969; Amended by Laws 1977, HB 1121, c. 259, § 5, eff. October 1, 1977; Amended by Laws 1981, SB 112, c. 238, § 1, eff. October 1, 1981; Amended by Laws 1988, SB 517, c. 318, § 2, emerg. eff. July 6, 1988; Amended by Laws 1990, HB 1815, c. 238, § 3, emerg. eff. May 21, 1990; Amended by Laws 1993, SB 371, c. 342, § 3, emerg. eff. July 1, 1993; Amended by Laws 1995, HB 1978, c. 352, § 18, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1104 by Laws 1995, HB 1878, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 1996, HB 2960, c. 353, § 17, eff. November 1, 1996; Amended by Laws 1998, SB 1224, c. 421, § 9, emerg. eff. June 11, 1998 (superseded document available).