Section 1-4-502 - Jury trialA. A parent entitled to service of summons, the state or a child shall have the right to demand a trial by jury on the sole issue of termination of parental rights only in the following circumstances:1. When the initial petition to determine if a child is deprived also contains a request for termination of parental rights in which case the court shall determine if the child should be adjudicated deprived and, if so, the jury shall determine if parental rights should be terminated; or2. When, following a hearing in which the child is adjudicated deprived, a request for termination of parental rights is filed by the state or the child.B. The demand for a jury trial shall be granted unless waived, or the court on its own motion may call a jury to try any termination of parental rights case. Upon a demand for a trial by jury, the court shall issue a scheduling order within thirty (30) days. A jury trial shall commence within (6) months of the issuance of the scheduling order unless the court issues a written order with findings of fact supporting a determination that there exists an exceptional circumstance to support the delay or that the parties and the guardian ad litem, if any, agree to such continuance. The jury shall consist of six (6) persons. A party who requests a jury trial and fails to appear in person for such trial, after proper notice and without good cause, may be deemed by the court to have waived the right to such jury trial, and the termination of parental rights shall be by nonjury trial unless another party demands a jury trial or the court determines on its own motion to try the case to a jury.Okla. Stat. tit. 10A, § 1-4-502
Amended by Laws 2023, c. 363,s. 1, eff. 7/1/2023.Amended by Laws 2016 , c. 243, s. 1, eff. 11/1/2016.Added by Laws 1968, SB 446, c. 282, § 110, eff. 1/13/1969; Amended by Laws 1977, HB 1121, c. 259, § 11, eff. 10/1/1977; Amended by Laws 1986, HB 1794, c. 179, § 1, eff. 11/1/1986; Amended by Laws 1992, HB 1544, c. 298, § 23, eff. 7/1/1993; Amended by Laws 1995, HB 1978, c. 352, § 22, emerg. eff. 7/1/1995; Renumbered from 10 O.S. § 1110 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. 7/1/1995; Amended by Laws 2002 , HB 2754, c. 473, §1, eff. 11/1/2002; Renumbered from 10 O.S. § 7003-3.8 by Laws 2009 , HB 2028, c. 233, §236, emerg. eff. 5/21/2009; Amended by Laws 2010 , HB 1741, c. 278, §5, eff. 11/1/2010; Amended by Laws 2010 , SB 1793, c. 398, §1, eff. 11/1/2010 (repealed by Laws 2011 , SB 553, c. 1, §5, emerg. eff. 3/18/2011); Amended by Laws 2011 , SB 553, c. 1, §4, emerg. eff. 3/18/2011.