{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-1-4-304","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-1-4-304","heading":"Service of summons","body":"A. 1. Service of summons shall be made by personal delivery,\n\nby mail, or by publication as provided for in civil actions pursuant\n\nto Section 2004 of Title 12 of the Oklahoma Statutes or any\n\nsuccessor statute.\n\n2. The court shall not hold the adjudication hearing until at\n\nleast forty-eight (48) hours after the service of summons.\n\n3. If the parent or legal guardian is not served within the\n\nstate, the court shall not hold the hearing until at least five (5)\n\ndays after the date of mailing the summons.\n\n4. The state shall conduct a distinct and meaningful search of\n\nall reasonably available sources to locate and notify the parents\n\nand legal guardians of proceedings being held pursuant to the\n\nOklahoma Children’s Code; provided, that a hearing shall not be\n\ndelayed if a parent or legal guardian cannot be located.\n\nB. 1. Before service by publication is authorized, the state\n\nshall file an affidavit with the court stating that after a distinct\n\nand meaningful search of all reasonably available sources, the\n\nparent or legal guardian of the child could not be identified or\n\nlocated, as applicable, and describing the diligent efforts made to\n\nidentify, locate, and serve the party. The affidavit shall be\n\nsufficient evidence of the diligence exercised by the state to\n\nidentify or locate a party who is the subject of the publication\n\nnotice. An affidavit prepared by the Department describing a\n\ndistinct and meaningful search of all reasonably available sources\n\nto locate a party may be adopted by the state as evidence of\n\nadditional efforts made to locate or identify the party.\n\n2. Upon complying with this subsection, the state may obtain an\n\norder from the court authorizing service to be made upon the party\n\nby publication. A copy of the petition and summons shall also be\n\nmailed by regular first-class mail to the party at his or her last-\n\nknown place of residence. Service by publication is complete on the\n\ndate of the last publication in accordance with paragraph 3 of this\n\nsubsection.\n\n3. The publication notice may be directed to all persons known,\n\nalleged, presumed, or claiming to be the father, mother, or legal\n\nguardian of the child. If the name of a party is unknown, the\n\nnotice shall be directed to the unknown father, mother, or legal\n\nguardian, as applicable, and such notice, when published pursuant to\n\nthis subsection, shall apply to and be binding upon those persons\n\nwhose names are unknown. The notice shall contain the name of the\n\ncourt and the case number, the initials of the child who is the\n\nsubject of the proceedings, the date and location of the birth of\n\nthe child, the name of the mother and father of the child, if known,\n\nthe time and date of the hearing, and the purpose of the hearing.\n\nThe notice shall also contain, in type at least as large as the\n\nbalance of the document, the following or substantially similar\n\nlanguage:\n\n“FAILURE TO APPEAR AT THIS HEARING CONSTITUTES CONSENT TO THE\n\nADJUDICATION OF THIS CHILD AS A DEPRIVED CHILD AND MAY ULTIMATELY\n\nRESULT IN LOSS OF CUSTODY OF THIS CHILD OR THE TERMINATION OF\n\nPARENTAL RIGHTS TO THIS CHILD.”\n\nAn affidavit showing publication of the notice shall be filed\n\nwith the court clerk. The publication of notice shall be deemed\n\nequivalent to personal service upon all persons, known or unknown,\n\nwho have been designated in the notice.\n\n4. Service by publication shall be made by publishing a notice\n\none time at least twenty-five (25) days prior to the date fixed for\n\nthe hearing. Service shall be made in a newspaper authorized by law\n\nto publish legal notices which is published in the county where the\n\npetition is filed. If no newspaper authorized by law to publish\n\nlegal notices is published in the county, the notice shall be\n\npublished in some such newspaper of general circulation which is\n\npublished in an adjoining county.\n\nC. Notice by publication may proceed simultaneously with\nall be made in a newspaper authorized by law\n\nto publish legal notices which is published in the county where the\n\npetition is filed. If no newspaper authorized by law to publish\n\nlegal notices is published in the county, the notice shall be\n\npublished in some such newspaper of general circulation which is\n\npublished in an adjoining county.\n\nC. Notice by publication may proceed simultaneously with\n\nefforts to serve notice by personal delivery or by mail upon a\n\ndetermination by the court that there is reason to believe service\n\nby personal delivery or by mail will not be successful.\n\nD. Costs of publication shall be paid by the court fund and\n\nassessed as costs against the child’s parents and legal guardian as\n\napplicable.","path":["OK Code","Title 10A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"bd3716a658b8af59ffb0f19ce37e9a0dc3c7b6a7563c4bc5d70cff2653800715","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-1-4-303","next":"us-ok/okla.-stat.-tit.-10a-10a-1-4-305"},"notice":"GroundRules: Original legal text. Not legal advice."}