{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-1-4-905","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-1-4-905","heading":"Notice of hearing to terminate parental rights","body":"A. 1. Prior to a hearing on the petition or motion for\n\ntermination of parental rights, notice of the date, time, and place\n\nof the hearing and a copy of the petition or motion to terminate\n\nparental rights shall be served upon the parent who is the subject\n\nof the termination proceeding by personal delivery, by certified\n\nmail, or by publication as provided for in Section 1-4-304 of this\n\ntitle.\n\n2. The notice shall contain the following or substantially\n\nsimilar language: \"FAILURE TO PERSONALLY APPEAR AT THIS HEARING\n\nCONSTITUTES CONSENT TO THE TERMINATION OF YOUR PARENTAL RIGHTS TO\n\nTHIS CHILD OR THESE CHILDREN. IF YOU FAIL TO APPEAR ON THE DATE AND\n\nTIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE\n\nCHILD OR CHILDREN NAMED IN THE PETITION OR MOTION ATTACHED TO THIS\n\nNOTICE.\"\n\n3. Notice shall be served upon the parent not less than fifteen\n\n(15) calendar days prior to the hearing.\n\n4. Any actual notice of termination of parental rights shall\n\nstate that the duty of the parent to support his or her minor child\n\nwill not be terminated except for adoption as provided by paragraph\n\n3 of subsection B of Section 1-4-906 of this title.\n\n5. The failure of a parent who has been served with notice\n\nunder this section to personally appear at the hearing shall\n\nconstitute consent to the termination of parental rights by the\n\nparent given notice. When a parent who appears voluntarily or\n\npursuant to notice is directed by the court to personally appear for\n\na subsequent hearing on a specified date, time and location, the\n\nfailure of that parent to personally appear, or to instruct his or\n\nher attorney to proceed in absentia at the trial, shall constitute\n\nconsent by that parent to termination of his or her parental rights.\n\nB. 1. The court shall have the power to vacate an order\n\nterminating parental rights if the parent whose parental rights were\n\nterminated pursuant to subsection A of this section files a motion\n\nto vacate the order within thirty (30) days after the order is filed\n\nwith the court clerk. This section shall be the exclusive procedure\n\nby which a parent can move to vacate an order terminating parental\n\nrights entered under this section.\n\n2. Notice of the motion shall be given to all the parties and\n\ntheir attorneys and the court shall set the matter for hearing\n\nexpeditiously.\n\n3. The burden of proof is on the defaulting parent to show that\n\nhe or she had no actual notice of the hearing, or due to unavoidable\n\ncasualty or misfortune the parent was prevented from either\n\ncontacting his or her attorney, if any, or from attending the\n\nhearing or trial.\n\n4. If the motion to vacate the order terminating parental\n\nrights due to a failure to appear is found to have merit, the\n\nstatutory consent shall be set aside and a new trial conducted.","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":"e09ee604f1017aed087c40b723876e17cd8a521a02cd99bfd24639f6df2ae418","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-1-4-904","next":"us-ok/okla.-stat.-tit.-10a-10a-1-4-906"},"notice":"GroundRules: Original legal text. Not legal advice."}