{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-2-2-107","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-2-2-107","heading":"Summons – Warrant - Service","body":"A. After a petition shall have been filed, unless the parties\n\nprovided for in this section shall voluntarily appear, a summons\n\nshall be issued which shall recite briefly the nature of the\n\nproceeding with the phrase \"as described more fully in the attached\n\npetition\" and requiring the person or persons who have the custody\n\nor control of the child to appear personally and bring the child\n\nbefore the court at a time and place stated. The summons shall\n\nstate the relief requested, and shall set forth the right of the\n\nchild, parents and other interested parties to have an attorney\n\npresent at the hearing on the petition.\n\nB. The summons shall be served on the person who has actual\n\ncustody of the child, and if the child has reached the age of twelve\n\n(12) years, a copy shall be served on the child. If the person who\n\nhas actual custody of the child shall be other than a parent or\n\nguardian of the child, a copy of the summons shall be served on the\n\nparent or guardian, or both. A copy of the summons shall be served\n\non a custodial parent, guardian or next friend. If no parent or\n\nguardian can be found, a summons shall be served on such other\n\nperson or persons as the court shall designate.\n\nSummons may be issued requiring the appearance of any other\n\nperson whose presence is necessary.\n\nC. If it subsequently appears that a person who should have\n\nbeen served was not served and has not entered an appearance, the\n\ncourt shall immediately order the issuance of a summons which shall\n\nbe served on said person.\n\nD. Service of summons shall be made as provided for service in\n\ncivil actions.\n\n1. The court shall not hold the hearing until at least forty-\n\neight (48) hours after the service of the summons, except with the\n\nconsent of the parent or guardian of the child.\n\n2. If the parent of the child is not served within the state,\n\nthe court shall not hold the hearing until at least five (5) days\n\nafter the date of mailing the summons, except with the consent of\n\nthe parent.\n\nE. If after a petition has been filed, it appears that the\n\nchild is in such condition or surroundings that the welfare of the\n\nchild requires that custody be immediately assumed by the court, the\n\njudge may immediately issue a detention order or warrant authorizing\n\nthe taking of said child into emergency custody. Any such child\n\nshall not be considered to be in the custody of the Office of\n\nJuvenile Affairs.\n\nF. In a delinquency proceeding, whenever a warrant for the\n\narrest of a child shall issue, it shall state the offense the child\n\nis being charged with having committed. Warrants for the arrest or\n\ndetention of a child shall comport with all other requirements of\n\nissuance of arrest warrants for adult criminal offenders.\n\nG. In case the summons cannot be served, or the parties served\n\nfail to obey the same, or in any case when it shall be made to\n\nappear to the judge that the service will be ineffectual or that the\n\nwelfare of the child requires that the child should be brought into\n\nthe custody of the court, a warrant may be issued against the parent\n\nor guardian or against the child. Nothing in this section shall be\n\nconstrued to authorize placement of a child in secure detention who\n\nis not eligible for secure detention pursuant to Section 2-3-101 of\n\nthis title.","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":"09a89742dbebf3c3dcfc66127d536c6e372ae0c210fde97db35ee1e4ec105c03","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-2-2-106","next":"us-ok/okla.-stat.-tit.-10a-10a-2-2-108"},"notice":"GroundRules: Original legal text. Not legal advice."}
