Okla. Stat. tit. 10A, § 1-4-304
Service of Summons - Time of Adjudication Hearing - Distinct and Meaningful Search for Parents and Guardians
Effective Jun 10, 1997Added by Laws 1968, SB 446, c. 282, § 105, eff. January 13, 1969; Amended by Laws 1977, HB 1121, c. 259, § 7, eff. October 1, 1977; Amended by Laws 1990, HB 2354, c. 302, § 4, eff. September 1, 1990; Amended by Laws 1992, HB 1544, c. 298, § 19, eff. July 1, 1993; Amended by Laws 1995, HB 1978, c. 352, § 19, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1105 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 1997, HB 1927, c. 386, § 3, emerg. eff. June 10, 1997 (superseded document available).
- A. Service of summons shall be made as provided for service in civil actions or service may be made by certified mail to such person's last-known address, requesting a return receipt from the addressee only. If the address of the person to be summoned is not known, or if the mailed summons is returned, the court may order that notice of the hearing be published once in a newspaper of general circulation in the county, and a copy of the summons shall be mailed by regular first-class mail to the last-known address of the parent.
B.
- 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.
- 2. If the parent 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.
- 3. If notice is published, the court shall not hold the hearing until at least ten (10) days after the date of publication.
- 4. If one or more persons must be served by publication, the court may delay the date of the hearing, with reasonable notice to the other persons who have been served or are properly and legally notified, to any date that the court determines to be reasonable and may proceed with the action.
- C. An order determining that a child is deprived shall not become final until thirty (30) days after the date of the publication of the notice.
Added by Laws 1968, SB 446, c. 282, § 105, eff. January 13, 1969; Amended by Laws 1977, HB 1121, c. 259, § 7, eff. October 1, 1977; Amended by Laws 1990, HB 2354, c. 302, § 4, eff. September 1, 1990; Amended by Laws 1992, HB 1544, c. 298, § 19, eff. July 1, 1993; Amended by Laws 1995, HB 1978, c. 352, § 19, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1105 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 1997, HB 1927, c. 386, § 3, emerg. eff. June 10, 1997 (superseded document available).