§10A-1-4-304. Service of summons.
866 words·~4 min read·
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A. 1. Service of summons shall be made by personal delivery, by mail, or by publication as provided for in civil actions pursuant to Section 2004 of Title 12 of the Oklahoma Statutes or any successor statute.
2. The court shall not hold the adjudication hearing until at least forty-eight
(48)hours after the service of summons.
3. If the parent or legal guardian 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.
4. The state shall conduct a distinct and meaningful search of all reasonably available sources to locate and notify the parents and legal guardians of proceedings being held pursuant to the Oklahoma Children’s Code; provided, that a hearing shall not be delayed if a parent or legal guardian cannot be located.
B. 1. Before service by publication is authorized, the state shall file an affidavit with the court stating that after a distinct and meaningful search of all reasonably available sources, the parent or legal guardian of the child could not be identified or located, as applicable, and describing the diligent efforts made to identify, locate, and serve the party. The affidavit shall be sufficient evidence of the diligence exercised by the state to
identify or locate a party who is the subject of the publication notice. An affidavit prepared by the Department describing a distinct and meaningful search of all reasonably available sources to locate a party may be adopted by the state as evidence of additional efforts made to locate or identify the party.
2. Upon complying with this subsection, the state may obtain an order from the court authorizing service to be made upon the party by publication. A copy of the petition and summons shall also be mailed by regular first-class mail to the party at his or her last- known place of residence. Service by publication is complete on the date of the last publication in accordance with paragraph 3 of this subsection.
3. The publication notice may be directed to all persons known, alleged, presumed, or claiming to be the father, mother, or legal guardian of the child. If the name of a party is unknown, the notice shall be directed to the unknown father, mother, or legal guardian, as applicable, and such notice, when published pursuant to this subsection, shall apply to and be binding upon those persons whose names are unknown. The notice shall contain the name of the court and the case number, the initials of the child who is the subject of the proceedings, the date and location of the birth of the child, the name of the mother and father of the child, if known, the time and date of the hearing, and the purpose of the hearing.
The notice shall also contain, in type at least as large as the balance of the document, the following or substantially similar language:
“FAILURE TO APPEAR AT THIS HEARING CONSTITUTES CONSENT TO THE ADJUDICATION OF THIS CHILD AS A DEPRIVED CHILD AND MAY ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD OR THE TERMINATION OF PARENTAL RIGHTS TO THIS CHILD.”
An affidavit showing publication of the notice shall be filed with the court clerk. The publication of notice shall be deemed equivalent to personal service upon all persons, known or unknown, who have been designated in the notice.
4. Service by publication shall be made by publishing a notice one time at least twenty-five
(25)days prior to the date fixed for the hearing. Service shall be made in a newspaper authorized by law to publish legal notices which is published in the county where the petition is filed. If no newspaper authorized by law to publish legal notices is published in the county, the notice shall be published in some such newspaper of general circulation which is published in an adjoining county.
C. Notice by publication may proceed simultaneously with efforts to serve notice by personal delivery or by mail upon a determination by the court that there is reason to believe service by personal delivery or by mail will not be successful.
D. Costs of publication shall be paid by the court fund and assessed as costs against the child’s parents and legal guardian as applicable. Added by Laws 1968, c. 282, § 105, eff. Jan. 13, 1969. Amended by Laws 1977, c. 259, § 7, eff. Oct. 1, 1977; Laws 1990, c. 302, § 4, eff. Sept. 1, 1990; Laws 1992, c. 298, § 19, eff. July 1, 1993; Laws 1995, c. 352, § 19, eff. July 1, 1995. Renumbered from § 1105 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 1997, c. 386, § 3, emerg. eff.
June 10, 1997; Laws 1998, c. 421, § 10, emerg. eff. June 11, 1998; Laws 2009, c. 233, § 24, emerg. eff. May 21, 2009. Renumbered from § 7003-3.5 of Title 10 by Laws 2009, c. 233, § 232, emerg. eff. May 21, 2009. Amended by Laws 2009, c. 338, § 6, eff. July 1, 2009; Laws 2010, c. 278, § 4, eff. Nov. 1, 2010.