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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 10A, § 10A-1-4-905: Notice of hearing to terminate parental rights

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Where this section sits in the code
  1. OK Code
  2. Title 10A

A. 1. Prior to a hearing on the petition or motion for

termination of parental rights, notice of the date, time, and place

of the hearing and a copy of the petition or motion to terminate

parental rights shall be served upon the parent who is the subject

of the termination proceeding by personal delivery, by certified

mail, or by publication as provided for in Section 1-4-304 of this

title.

2. The notice shall contain the following or substantially

similar language: "FAILURE TO PERSONALLY APPEAR AT THIS HEARING

CONSTITUTES CONSENT TO THE TERMINATION OF YOUR PARENTAL RIGHTS TO

THIS CHILD OR THESE CHILDREN. IF YOU FAIL TO APPEAR ON THE DATE AND

TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE

CHILD OR CHILDREN NAMED IN THE PETITION OR MOTION ATTACHED TO THIS

NOTICE."

3. Notice shall be served upon the parent not less than fifteen

(15) calendar days prior to the hearing.

4. Any actual notice of termination of parental rights shall

state that the duty of the parent to support his or her minor child

will not be terminated except for adoption as provided by paragraph

3 of subsection B of Section 1-4-906 of this title.

5. The failure of a parent who has been served with notice

under this section to personally appear at the hearing shall

constitute consent to the termination of parental rights by the

parent given notice. When a parent who appears voluntarily or

pursuant to notice is directed by the court to personally appear for

a subsequent hearing on a specified date, time and location, the

failure of that parent to personally appear, or to instruct his or

her attorney to proceed in absentia at the trial, shall constitute

consent by that parent to termination of his or her parental rights.

B. 1. The court shall have the power to vacate an order

terminating parental rights if the parent whose parental rights were

terminated pursuant to subsection A of this section files a motion

to vacate the order within thirty (30) days after the order is filed

with the court clerk. This section shall be the exclusive procedure

by which a parent can move to vacate an order terminating parental

rights entered under this section.

2. Notice of the motion shall be given to all the parties and

their attorneys and the court shall set the matter for hearing

expeditiously.

3. The burden of proof is on the defaulting parent to show that

he or she had no actual notice of the hearing, or due to unavoidable

casualty or misfortune the parent was prevented from either

contacting his or her attorney, if any, or from attending the

hearing or trial.

4. If the motion to vacate the order terminating parental

rights due to a failure to appear is found to have merit, the

statutory consent shall be set aside and a new trial conducted.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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