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.
Structure Oklahoma Statutes
Title 10A. Children and Juvenile Code
§10A-1-1-101. Short title - Subsequent enactments - Article, chapter and part captions.
§10A-1-1-102. Recognition of duties, rights and interests – Legislative intent.
§10A-1-1-104. Jurisdiction to enforce Oklahoma Children's Code.
§10A-1-2-102. See the following versions:
§10A-1-2-102v1. Department of Human Services – Required actions for reports of child abuse.
§10A-1-2-103. Judicial authority to request investigation.
§10A-1-2-104. Immunity from civil and criminal liability - Presumption.
§10A-1-2-106. Notice to person being investigated.
§10A-1-2-107. Disclosure of information.
§10A-1-2-108. Central registry for child abuse, sexual abuse, sexual exploitation and neglect.
§10A-1-2-110. Abandonment of child in voluntary placement.
§10A-1-2-111. Pilot program to improve socioeconomic outcomes for children in state custody.
§10A-1-3-101. Authorization to consent to medical or dental care.
§10A-1-3-102. Medical care and treatment – Definitions – Authorization and consent.
§10A-1-3-104. Safety plan monitor – Authorization of medical or dental treatment.
§10A-1-4-101. Jurisdiction – Venue – Residence of child – Transfer of proceedings.
§10A-1-4-202. Written notification of emergency custody hearing.
§10A-1-4-203. Emergency custody hearing – Affidavit – Notice to relatives.
§10A-1-4-204. Placement preferences.
§10A-1-4-206. Restraining order - Hearing.
§10A-1-4-207. Immediate assumption of custody to protect child's health or welfare.
§10A-1-4-208. Standardized assessment for children taken into custody.
§10A-1-4-302. Amendment of petition – Postadjudication petition.
§10A-1-4-303. Summons - Contents – Waiver of service.
§10A-1-4-304. Service of summons.
§10A-1-4-306. Appointment of counsel - Guardians ad litem - Court-appointed special advocates.
§10A-1-4-501. District attorney to act as petitioner.
§10A-1-4-503. Conduct of hearings.
§10A-1-4-504. Alternative dispute resolution.
§10A-1-4-505. Admissibility of prerecorded statements of child who is victim of abuse.
§10A-1-4-506. Taking testimony of child age 12 or under in room other than courtroom - Recording.
§10A-1-4-507. Admissibility of evidence.
§10A-1-4-508. Immunity for testimony – Records – Statements during evaluation or treatment.
§10A-1-4-601. Adjudication hearing.
§10A-1-4-602. Allegations of petition not supported by evidence.
§10A-1-4-603. Order of adjudication finding child to be deprived.
§10A-1-4-701. Reimbursements and costs by parents able to pay.
§10A-1-4-702. Deprived child - Paternity - Support.
§10A-1-4-703. Examination of child – Investigation of home conditions.
§10A-1-4-704. Individualized service plan.
§10A-1-4-706. Dispositional hearing.
§10A-1-4-707. Dispositional orders - Determinations.
§10A-1-4-708. Deprivation based on repeated absence from school.
§10A-1-4-709. Permanent guardianship.
§10A-1-4-711. Motion for modification or termination of a permanent guardianship.
§10A-1-4-712. Authority to establish family drug court – Procedures.
§10A-1-4-713. Family drug court assessment.
§10A-1-4-714. Family drug court program eligibility.
§10A-1-4-715. Family drug court judge - Powers.
§10A-1-4-716. Family drug court costs – Family Drug Court Revolving Fund.
§10A-1-4-801. Stay pending review of release order.
§10A-1-4-802. Hearing to determine release of child from state custody.
§10A-1-4-803. Placement of child in the custody of the Department of Human Services.
§10A-1-4-804. Notification of movement of child in the custody of Department of Human Services.
§10A-1-4-805. Change in foster or group home placement.
§10A-1-4-806. Trial home reunification.
§10A-1-4-807.1. Emergency hearings.
§10A-1-4-808. Review hearing report - Child's access to counsel.
§10A-1-4-809. Findings establishing that reasonable efforts to reunify child are not required.
§10A-1-4-810. Permanency meeting and reports.
§10A-1-4-811. Permanency hearing and findings.
§10A-1-4-812. Determination of eligibility of foster parent to adopt.
§10A-1-4-813. Postadoption agreements with birth relatives.
§10A-1-4-814. Modification of decrees or orders.
§10A-1-4-901. Filing of petition or motion for termination of parental rights.
§10A-1-4-902. Termination motion or petition by district attorney.
§10A-1-4-903. Order to terminate parent-child legal relationship – Show cause.
§10A-1-4-904. Termination of parental rights in certain situations.
§10A-1-4-905. Notice of hearing to terminate parental rights.
§10A-1-4-906. Effect of termination of parental rights.
§10A-1-4-907. Vesting authority to consent to adoption.
§10A-1-4-909. Application by child to reinstate parental rights.
§10A-1-5-101. Appeal of order or decree.
§10A-1-5-102. Initial of child's surname required in court opinions.
§10A-1-6-101. Court to make and keep records - Definitions.
§10A-1-6-102. Confidential records.
§10A-1-6-103. Inspection of records without court order.
§10A-1-6-104. Redaction of other children's information.
§10A-1-6-105. Disclosure of certain information in cases of death or near-death of a child
§10A-1-6-106. Filing of social records with the court.
§10A-1-6-107. Confidentiality - Violation - Penalty.
§10A-1-6-108. Maintenance of records.
§10A-1-7-101. Duties and rights of persons or agencies receiving custody - Exception.
§10A-1-7-102. Responsibility for deprived children.
§10A-1-7-103. Department of Human Services - Additional duties and powers.
§10A-1-7-104. Information to accompany child placed outside child's home – Passport Program.
§10A-1-7-105. Rules, policies and procedures regarding children in Department custody.
§10A-1-7-106. Placement of child into foster care.
§10A-1-7-107. Placement with siblings – Contact and visitation with siblings.
§10A-1-7-108. Liability for costs voluntarily expended by foster parent.
§10A-1-7-109. Foster placements - License or authorization - Exception.
§10A-1-7-110. Grounds for determination of placement.
§10A-1-7-112. Voluntary foster care placement.
§10A-1-7-113. Visitation requirements for the Department of Human Services or child-placing agency.
§10A-1-7-114. Foster parent eligibility assessment – Completion and costs - Reimbursement.
§10A-1-7-115. Emergency placement home - Criminal records check.
§10A-1-7-116. Notice to placement agencies when a child in custody becomes eligible for adoption.
§10A-1-8-104. Mileage fees and witness reimbursement.
§10A-1-8-106. Applicability of the Oklahoma Minor Identification Act.
§10A-1-8-107. Order for transportation of child by sheriff's office - Reimbursement.
§10A-1-8-108. Appointment of legal guardian – Appointment of guardian ad litem.
§10A-1-8-110. Falsification of documents relating to deprived children proceedings - Penalties.
§10A-1-8-111. Annual credit report for youth in custody.
§10A-1-9-101. Community-based programs.
§10A-1-9-102. Multidisciplinary teams - Intervention in reports of abuse or neglect - Duties.
§10A-1-9-103. Child Abuse Multidisciplinary Account.
§10A-1-9-103a. Child Abuse Multidisciplinary Team Account (CAMTA) Fund.
§10A-1-9-103b. CAMTA Fund – Administration – Purpose - Contents of Fund.
§10A-1-9-104. Allocation of monies in Child Abuse Multidisciplinary Account.
§10A-1-9-104a. Contract with eligible providers.
§10A-1-9-104b. Promulgation of rules.
§10A-1-9-105. Program planning and monitoring.
§10A-1-9-106. Kinship Foster Care Program.
§10A-1-9-107. Successful Adulthood Act - Short title - Purpose.
§10A-1-9-108. Pilot program to serve children at high risk of abuse and neglect.
§10A-1-9-109. Performance-based incentive compensation program for child welfare specialists.
§10A-1-9-110. Community-based services and care for deprived children - Grants and contracts.
§10A-1-9-111. Management, operation and use of children’s shelters.
§10A-1-9-112.1. Investigation of reported abuse or neglect - Written response.
§10A-1-9-112. Office of Client Advocacy.
§10A-1-9-113. Provision of shelter and care to minor mothers who are victims of domestic abuse.
§10A-1-9-115. Foster parent associations - State agencies to cooperate and promote development.
§10A-1-9-116.1. Liability of foster parent.
§10A-1-9-116. Foster parent training and continuing education.
§10A-1-9-117. Allegations against employees of Department or child-placing agency by foster parent.
§10A-1-9-119.1. Rights of children being served by Child Welfare Services.
§10A-1-9-119. Statement of foster parent's rights.
§10A-1-9-120. Grievance procedures for foster parents.
§10A-1-9-122. Supported guardianship program.
§10A-1-9-123. Policies and procedures for children and youth at risk of sex trafficking.
§10A-1-9-124. Zero to Three Court Program.
§10A-2-1-102. Legislative intent - Construction of chapter - Purpose.
§10A-2-2-102. Personal jurisdiction.
§10A-2-2-104.1. Diversion services.
§10A-2-2-104. Preliminary inquiry - Petition.
§10A-2-2-105. Order removing child from home prohibited absent certain determinations.
§10A-2-2-106. Petition - Subsequent pleadings - Amended petitions.
§10A-2-2-107. Summons – Warrant - Service.
§10A-2-2-108. Examination by health care professionals - Order for treatment.
§10A-2-2-301. Conduct of interrogations - Appointment of counsel - Guardians ad litem.
§10A-2-2-401.3. Motion for determination of competency - Competency evaluation.
§10A-2-2-401.4. Credentialed forensic evaluators - Exceptions.
§10A-2-2-401.5. Competency evaluation report.
§10A-2-2-401.6. Competency hearing.
§10A-2-2-401.7. Court responses to competency determination.
§10A-2-2-402. Conduct of adjudicative hearings.
§10A-2-2-403. Preliminary hearing.
§10A-2-2-404. Deferral of delinquency adjudication proceedings.
§10A-2-2-501. Dispositional hearings.
§10A-2-2-502. Recommendation for disposition - Probation - Risk and needs assessment tools.
§10A-2-2-503. Disposition orders - Revocation, modification and redisposition.
§10A-2-2-504. Periodic review of disposition orders.
§10A-2-2-505. Juvenile drug court program.
§10A-2-2-506. Juvenile drug court investigation – Report - Eligibility.
§10A-2-2-507. Juvenile drug court program – Final eligibility hearing – Admittance into program.
§10A-2-2-508. Juvenile drug court program – Periodic review, progress reports and hearings.
§10A-2-2-701. Summons - Bench warrants - Obligations of parent, legal guardian, or custodian.
§10A-2-2-703. Expenses for care and maintenance of child.
§10A-2-2-801. Procedures and requirements for placement of adjudicated children.
§10A-2-2-802. Termination of parental rights.
§10A-2-2-803. Review and assessment of children committed to Office of Juvenile Affairs.
§10A-2-2-804. Child in need of mental health treatment.
§10A-2-3-103. Temporary detention - Transportation - Certification of juvenile detention facilities.
§10A-2-3-105. Grievance process for children.
§10A-2-4-101. Juvenile bureau and citizens' advisory committee.
§10A-2-4-102. Director and other personnel.
§10A-2-4-103. Administrative work of court - Uniformity of procedures and care.
§10A-2-4-104. Investigations and reports - Legal proceedings.
§10A-2-4-105. Arrests - Service of process.
§10A-2-4-106. Transportation of juveniles - Expenses.
§10A-2-4-107. Salaries and expenses - Offices and equipment.
§10A-2-4-108. Detention and group homes.
§10A-2-4-109. Citizens' advisory committee.
§10A-2-4-110. Appointment of personnel for Juvenile Docket of district court.
§10A-2-5-201. Short title - Youthful Offender Act.
§10A-2-5-202. Definitions – Purpose – Legislative intent.
§10A-2-5-203. Court proceedings - Jurisdiction.
§10A-2-5-205. Certification as youthful offender or juvenile.
§10A-2-5-206A. Motion for certification as a juvenile - Certification study - Guidelines.
§10A-2-5-207A. Motion for imposition of adult sentence - Certification study - Guidelines.
§10A-2-5-209A. Youthful offender review hearing - Extended jurisdiction.
§10A-2-5-211. Commitment to Department of Corrections - Judgment and sentence.
§10A-2-5-301. Educational needs during confinement or incarceration.
§10A-2-6-101. Court to keep records - Definitions.
§10A-2-6-102. Confidential juvenile records.
§10A-2-6-103. Confidentiality of social records.
§10A-2-6-104. Inspection and disclosure of confidential records without court order.
§10A-2-6-105. Inspection and disclosure of juvenile court records without court order.
§10A-2-6-106. Inspection and disclosure of Office of Juvenile Affairs records without court order.
§10A-2-6-107. Fingerprinting of persons under 18.
§10A-2-6-109. Expungement of juvenile court record.
§10A-2-6-110. Procedures for providing certain records to sheriffs - Confidentiality.
§10A-2-7-101. Board of Juvenile Affairs - Members - Duties and responsibilities.
§10A-2-7-201. Executive Director - Qualifications - Powers and duties.
§10A-2-7-202. Creation of office - Powers and duties.
§10A-2-7-203. Agreement with Supreme Court.
§10A-2-7-302. Division of Advocate Defender - Advocate General - Duties and responsibilities.
§10A-2-7-303. Community-based programs.
§10A-2-7-304. Financial agreements.
§10A-2-7-307. Cooperative agreements with Department of Human Services.
§10A-2-7-309. Department planning process for services to children and youth.
§10A-2-7-310. Defining services and programs.
§10A-2-7-401. Juvenile Detention Improvement Revolving Fund.
§10A-2-7-402. Court and hearing costs of Office of Juvenile Affairs - Special agency account.
§10A-2-7-501. Intake and probation services - Services related to juvenile offenders.
§10A-2-7-503. Delinquent children - Intent of Legislature - Powers and duties of Office.
§10A-2-7-504. Discharge of children adjudicated delinquent – Retention of custody and jurisdiction.
§10A-2-7-603. Rules, policies and procedures required in facilities.
§10A-2-7-604. Physical force, when authorized - Mechanical restraints – Chemical agents.
§10A-2-7-605. Run away or AWOL from a staff secure or nonsecure placement.
§10A-2-7-606. Central Oklahoma Juvenile Center - Supervision, management and control.
§10A-2-7-607. Lloyd E. Rader Children's Center - Administration and control.
§10A-2-7-609. Facilities and residential programs – Legislative intent.
§10A-2-7-611. Secure facilities - Certification - Violations.
§10A-2-7-612. Office of Juvenile Affairs - Sale of surplus real estate.
§10A-2-7-613. Office of Juvenile Affairs - Foster care.
§10A-2-7-614. Foster care - Requirement of licensing standards.
§10A-2-7-615. Foster care - Contract requirements.
§10A-2-7-616. Board of Juvenile Affairs - Charter school
§10A-2-7-617. Certification for secure detention center - Criminal history records search
§10A-2-7-618. Construction strategy for campus modifications - Best-value option.
§10A-2-7-619. Public/private partnership - Authority to sell OJA campus property.
§10A-2-7-701. Short title - Purpose - Intent.
§10A-2-7-704. Eligibility for contracts - Contract criteria - Duties of recipients.
§10A-2-7-801. Juvenile Offender Victim Restitution Work Program.
§10A-2-7-802. Juvenile Justice Public Works Program.
§10A-2-7-901. Juvenile Offender Tracking Program - Purpose.
§10A-2-7-903. Juvenile Offender Tracking Program - Components.
§10A-2-7-904. Implementation of Program - Duties of state and local agencies.
§10A-2-8-102. Juvenile sex offender defined.
§10A-2-8-103. Juvenile sex offender registry - Information included.
§10A-2-8-104. Application register - Criteria for qualifying - Court order.
§10A-2-8-105. Juvenile sex offenders ordered to probation - Notification of duty to register.
§10A-2-8-106. Annual registration - Notification of change of name and address.
§10A-2-8-107. Failure to register or provide notification of change of name or address.
§10A-2-8-108. Transfer of registration to adult sex offender registry - Petition.
§10A-2-8-109. Juveniles not subject to act.
§10A-2-8-110. Disclosure of information - Immunity from liability.
§10A-2-8-112. Rules, procedures, and forms.
§10A-2-8-221. Transmission of obscenity and child pornography.
§10A-2-8-222. Intoxicating beverages or low-point beer - Possession by persons under age 21.
§10A-2-9-104. Interstate Commission for Juveniles.
§10A-2-9-105. Interstate Commission - Powers and duties.
§10A-2-9-106. Interstate Commission - Organization and operation.
§10A-2-9-107. Interstate Commission - Rulemaking.
§10A-2-9-108. Interstate Commission - Oversight, enforcement and dispute resolution.
§10A-2-9-111. Compacting states - Effective date - Amendment.
§10A-2-9-112. Withdrawal - Default - Termination - Judicial enforcement.
§10A-2-9-113. Severability and construction.
§10A-2-9-114. Binding effect - Other laws.
§10A-2-9-115. Appointing authority - Compact administrator.
§10A-2-9-116. State Council for Interstate Juveniles Supervision.
§10A-2-10-101. Oklahoma Mentoring Children of Incarcerated Parents Program - Purpose.