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. Added by Laws 1968, c. 282, § 131, eff. Jan. 13, 1969. Amended by Laws 1977, c. 259, § 18, eff. Oct. 1, 1977; Laws 1978, c. 227, § 1; Laws 1985, c. 337, § 3, eff. Feb. 1, 1986; Laws 1986, c. 263, § 7, operative July 1, 1986; Laws 1995, c. 352, § 66, eff. July 1, 1995. Renumbered from § 1131 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 1998, c. 421, § 30, emerg. eff. June 11, 1998; Laws 2009, c. 233, § 77, emerg. eff. May 21, 2009. Renumbered from § 7006-1.2 of Title 10 by Laws 2009, c. 233, § 264, emerg. eff. May 21, 2009; Laws 2023, c. 57, § 1, eff. Nov. 1, 2023.
Notes of Decisions
In the Matter of T.T.S., 2015 OK 36.
· cites it 12× “Her appeal raises six assignments of error, including whether: (1) mother's due process rights were violated by failing to provide proper notice of the jury trial and failing to inform her that failure to appear could result in termination pursuant to 10A O.S. 2011 § 1-4-905;…”
In Re Jc, 2010 OK CIV APP 138, 244 P.3d 793.
“10A O.S. § 1-4-905(B)(3) (emphasis added).”
In the Matter of L.C.P., 2019 OK CIV APP 34.
· cites it 2× “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…”
In the Matter of A.T., 2022 OK CIV APP 10, 510 P.3d 198.
· cites it 6× “The court found that, under 10A O.S. § 1-4-905, the request to vacate was not timely.”
In Re Matter of L. H., 2010 OK CIV APP 31, 231 P.3d 783.
“Renumbered and amended as 10A O.S.Supp. 2009 § 1-4-905 by Laws 2009, c.”
In the Matter of A.W., 2014 OK CIV APP 5, 316 P.3d 243.
· cites it 7× “¶8 Mother's parental rights were terminated at the October 25th proceeding, because after being properly served regarding the hearing to terminate her parental rights, she did not attend, and was deemed to have consented to the termination under the terms of 10A O.S.…”
In the Interest of J.R., Minor Child, No. 24-0942 (Iowa Ct. App. Jan. 9, 2025).
“”); Okla. Stat. tit. 10A, § 1-4-905(A)(5) (2024) (“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.”
In the Matter of J.s., Jr., 2026 OK CIV APP 4.
“the non-jury trial date, and June 2, 2025, best interest hearing were legally insufficient under 10A O.S. 2021 §1-4-905 ¶2 The Department of Human Services (DHS) took JSJ, born October 14, 2024, into emergency custody immediately after the child's birth based on allegations that…”
In Re Lh, 2010 OK CIV APP 31, 231 P.3d 783.
“[2] Renumbered and amended as 10A O.S.Supp. 2009 § 1-4-905 by Laws 2009, c.”
Okla. Stat. tit. 10A, § 1-4-905(A): 1 case
In the Matter of T.T.S., 2015 OK 36.
“Her appeal raises six assignments of error, including whether: (1) mother's due process rights were violated by failing to provide proper notice of the jury trial and failing to inform her that failure to appear could result in termination pursuant to 10A O.S. 2011 § 1-4-905;…”
Okla. Stat. tit. 10A, § 1-4-905(A)(5): 2 cases
In the Matter of A.W., 2014 OK CIV APP 5, 316 P.3d 243.
“¶8 Mother's parental rights were terminated at the October 25th proceeding, because after being properly served regarding the hearing to terminate her parental rights, she did not attend, and was deemed to have consented to the termination under the terms of 10A O.S.…”
In the Interest of J.R., Minor Child, No. 24-0942 (Iowa Ct. App. Jan. 9, 2025).
“”); Okla. Stat. tit. 10A, § 1-4-905(A)(5) (2024) (“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.”
Okla. Stat. tit. 10A, § 1-4-905(B): 1 case
In the Matter of A.W., 2014 OK CIV APP 5, 316 P.3d 243.
“¶8 Mother's parental rights were terminated at the October 25th proceeding, because after being properly served regarding the hearing to terminate her parental rights, she did not attend, and was deemed to have consented to the termination under the terms of 10A O.S.…”
Okla. Stat. tit. 10A, § 1-4-905(B)(3): 1 case
In Re Jc, 2010 OK CIV APP 138, 244 P.3d 793.
“10A O.S. § 1-4-905(B)(3) (emphasis added).”
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