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SENATE FLOOR VERSION
April 11, 2023
ENGROSSED HOUSE
BILL NO. 2462 By: Hill of the House
and
Rosino of the Senate
An Act relating to children; amending 10A O.S. 2021,
Section 1-4-905, which relates to parental rights;
requiring certain procedure in certain circumstances;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 1 -4-905, is
amended to read as follows:
Section 1-4-905. A. 1. Prior to a hearing on the petition or
motion for termination of parental rights, not ice 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 th e
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 substa ntially
similar language: "FAILURE TO PERSONALLY APPEAR AT THIS HEARING
CONSTITUTES CONSENT TO THE TERMINATION OF YOUR PARENTAL RIGHTS TO
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THIS CHILD OR THESE CHILDREN. IF YOU FAIL TO A PPEAR 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 sh all
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 a ppear at the hearing shal l
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 specifi ed date, time and locatio n, 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 sha ll have the power to vaca te an order
terminating parental rights if the parent whose parental rights were
terminated pursuant to subsection A of this secti on 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
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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 hearin g
expeditiously.
3. The burden of proof is on the defaulting parent to show that
he or she had no actual notice of the hearing, o r due to unavoidable
casualty or misfortune the parent was prevented from either
contacting his or he r attorney, if any, or fr om 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.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
April 11, 2023 - DO PASS