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A. Upon filing of a petition the Court Clerk shall issue a summons to the respondents and the child as in other civil cases. The summons shall be in substantially the following form:

IN THE TRIAL COURT OF THE OSAGE NATION

PAWHUSKA, OKLAHOMA

IN THE MATTER OF

)

) Case No.

)

AN ALLEGED

)

SUMMONS

THE OSAGE TRIBE TO:

Respondents,

YOU ARE HEREBY NOTIFIED that a petition has been filed in the Trial Court of the Osage Nation alleging that the above-named child(ren) is a deprived child(ren) and that as the parent(s), guardian or custodian of said child(ren) you have been named as the Respondent(s), all as more fully set out in the attached petition.

YOU ARE THEREFORE ORDERED TO APPEAR at the courtroom of the Trial Court of the Osage Nation, 627 Grandview, Pawhuska, Oklahoma on the ____ day of ____, 20 ____, at the hour of ____ o’clock __.m. and to there remain subject to the call of the Court until discharged so that you may be advised of the allegations contained in the petition and may answer that you admit or deny the allegations of the petition.

YOU ARE FURTHER ORDERED, if the above-named child(ren) is/are in your physical custody or subject to your control to bring the child(ren) to Court with you.

You may seek the advice of an attorney on any matter relating to this action at your own expense.

FAILURE TO RESPOND TO THIS SUMMONS OR TO APPEAR AT THIS HEARING CONSTITUTES CONSENT TO THE ADJUDICATION OF THIS CHILD(REN) AS DEPRIVED CHILD(REN) AND MAY ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD(REN) OR THE TERMINATION OF YOUR PARENTAL RIGHTS TO THIS CHILD(REN).

__________

COURT CLERK

(SEAL)

(Return as in other civil cases)

B. The summons shall be served on the person(s) who has actual custody of the child(ren), and if the child has reached the age of twelve (12) years of age, a copy shall be served on the child. If the person who has actual custody of the child shall be other than a parent or guardian of the child, a copy of the summons shall be served on the parent or guardian or next friend. If no parent or guardian can be found a summons shall be served on such other person or person(s) as the Court shall designate. Summons may be issued requiring the appearance of any other person(s) whose presence is necessary.

C. Service of summons shall be made as provided for in civil actions or service may be made by certified mail to such person’s last known address, requesting a return receipt from the addressee only. If the address of the person to be summoned is not known, or if the mailed summons is returned, the Court may order that notice of the hearing be published once in a newspaper of general circulation in the jurisdiction and a copy of the summons shall be mailed by regular first-class mail to the last known address of the parent(s).

D. The Court shall not hold the hearing until at least forty-eight (48) hours after the service of the summons, except with the consent of the parent or guardian.

E. If notice is published, the Court shall not hold the hearing until at least ten (10) days after the date of publication.

F. If one or more persons must be served by publication, the Court may delay the date of hearing with reasonable notice to the other persons who have been served or are properly and legally notified to any date that the Court determines to be reasonable and may proceed with the action.

G. An order determining that a child is deprived shall not become final until thirty (30) days after the date of the publication of the notice.