A parent entitled to service of summons, the state or a child shall have the right to demand a trial by jury on the sole issue of termination of parental rights only in the following circumstances:

1. 1. When the initial petition to determine if a child is deprived also contains a request for termination of parental rights in which case the court shall determine if the child should be adjudicated deprived and if so, the jury shall determine if parental rights should be terminated; or

2. 2. When, following a hearing in which the child is adjudicated deprived, a request for termination of parental rights is filed by the state or the child.

   The demand for a jury trial shall be granted unless waived, or the court on its own motion may call a jury to try any termination of parental rights case. Such jury shall consist of six (6) persons. A party who requests a jury trial and fails to appear for such trial, after proper notice and without good cause, may be deemed by the court to have waived the right to be present at such trial.

Laws 1968, SB 446, c. 282, § 110, eff. January 13, 1969; Amended by Laws 1977, HB 1121, c. 259, § 11, eff. October 1, 1977; Amended by Laws 1986, HB 1794, c. 179, § 1, eff. November 1, 1986; Amended by Laws 1992, HB 1544, c. 298, § 23, eff. July 1, 1993; Amended by Laws 1995, HB 1978, c. 352, § 22, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1110 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 2002, HB 2754, c. 473, § 1, eff. November 1, 2002 (superseded document available); Renumbered from 10 O.S. § 7003-3.8 by Laws 2009, HB 2028, c. 233, § 236, emerg. eff. May 21, 2009; Amended by Laws 2010, HB 1741, c. 278, § 5, eff. November 1, 2010; Amended by Laws 2010, SB 1793, c. 398, § 1, eff. November 1, 2010 (repealed by Laws 2011, SB 553, c. 1, § 5, emerg. eff. March 18, 2011) (superseded document available); Amended by Laws 2011, SB 553, c. 1, § 4, emerg. eff. March 18, 2011 (superseded document available).