OK
Oklahoma House Bill HB2462

Oklahoma 2023 Regular Session

Oklahoma House Bill HB2462 Compare Versions

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1-An Act
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30+April 11, 2023
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334 BILL NO. 2462 By: Hill of the House
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536 and
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738 Rosino of the Senate
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14-An Act relating to children; amending 10A O.S.
15-2021, Section 1-4-905, which relates to parental
16-rights; requiring certain procedure in certain
17-circumstances; and providing an effective date .
43+An Act relating to children; amending 10A O.S. 2021,
44+Section 1-4-905, which relates to parental rights;
45+requiring certain procedure in certain circumstances;
46+and providing an effective date .
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22-SUBJECT: Children
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2451 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
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2652 SECTION 1. AMENDATORY 10A O.S. 2021, Section 1 -4-905, is
2753 amended to read as follows:
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2954 Section 1-4-905. A. 1. Prior to a hearing on the petition or
3055 motion for termination of parental rights, not ice of the date, time,
3156 and place of the hearing and a copy of the petition or motion to
3257 terminate parental rights shall be served upon the parent who is th e
3358 subject of the termination proceeding by personal delivery, by
3459 certified mail, or by publication as provided for in Section 1 -4-304
3560 of this title.
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3761 2. The notice shall contain the following or substa ntially
3862 similar language: "FAILURE TO PERSONALLY APPEAR AT THIS HEARING
3963 CONSTITUTES CONSENT TO THE TERMINATION OF YOUR PARENTAL RIGHTS TO
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4091 THIS CHILD OR THESE CHILDREN. IF YOU FAIL TO A PPEAR ON THE DATE AND
4192 TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE
4293 CHILD OR CHILDREN NAMED IN THE PETITION OR MOTION ATTACHED TO THIS
4394 NOTICE."
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4595 3. Notice shall be served upon the parent not less than fifteen
46-(15) calendar days prior to the hearing. ENR. H. B. NO. 2462 Page 2
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96+(15) calendar days prior to the hearing.
4897 4. Any actual notice of termination of parental rights sh all
4998 state that the duty of the parent to support his or her minor child
5099 will not be terminated except for adoption as provided by paragraph
51100 3 of subsection B of Section 1-4-906 of this title.
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53101 5. The failure of a parent who has been served with notice
54102 under this section to personally a ppear at the hearing shal l
55103 constitute consent to the termination of parental rights by the
56104 parent given notice. When a parent who appears voluntarily or
57105 pursuant to notice is directed by the court to personally appear for
58106 a subsequent hearing on a specifi ed date, time and locatio n, the
59107 failure of that parent to personally appear, or to instruct his or
60108 her attorney to proceed in absentia at the trial, shall constitute
61109 consent by that parent to termination of his or her parental rights.
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63110 B. 1. The court sha ll have the power to vaca te an order
64111 terminating parental rights if the parent whose parental rights were
65112 terminated pursuant to subsection A of this secti on files a motion
66113 to vacate the order within thirty (30) days after the order is filed
67114 with the court clerk. This section shall be the exclusive procedure
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68142 by which a parent can move to vacate an order terminating parental
69143 rights entered under this section .
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71144 2. Notice of the motion shall be given to all the parties and
72145 their attorneys and the court shall set the matter for hearin g
73146 expeditiously.
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75147 3. The burden of proof is on the defaulting parent to show that
76148 he or she had no actual notice of the hearing, o r due to unavoidable
77149 casualty or misfortune the parent was prevented from either
78150 contacting his or he r attorney, if any, or fr om attending the
79151 hearing or trial.
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81152 4. If the motion to vacate the order terminating parental
82153 rights due to a failure to appear is found to have merit, the
83154 statutory consent shall be set aside and a new trial conducted.
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85-SECTION 2. This act shall become effective November 1, 2023. ENR. H. B. NO. 2462 Page 3
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87-Passed the House of Representatives the 6th day of March, 2023.
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92- Presiding Officer of the House
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96-Passed the Senate the 18th day of April, 2023.
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101- Presiding Officer of the Senate
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103-OFFICE OF THE GOVERNOR
104-Received by the Office of the Governor this ____________________
105-day of ___________________, 20_______, at _______ o'clock _______ M.
106-By: _________________________________
107-Approved by the Governor of the State of Oklahoma this _____ ____
108-day of ___________________, 20_______, at _______ o'clock _______ M.
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111- _________________________________
112- Governor of the State of Oklahoma
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114-OFFICE OF THE SECRETARY OF STATE
115-Received by the Office of the Secretary of State this __________
116-day of ___________________, 20_______, at _______ o'clock _______ M.
117-By: _________________________________
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155+SECTION 2. This act shall become effective November 1, 2023.
156+COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
157+April 11, 2023 - DO PASS