JD-2016-17 (Published in the Saturday edition of The Duncan Banner, June 9, 2018-1 time) IN THE DISTRICT COURT IN AND FOR STEPHENS COUNTY, STATE OF OKLAHOMA IN THE MATTER OF: C.W.R. Adjudicated as Deprived Children JD-2016-17 NOTICE UNKNOWN FATHER YOU ARE HEREBY NOTIFIED that the State of Oklahoma has filed Motion to Adjudicate and Petition for Termination of Parental Rights requesting the court terminate your parental rights to the above named child(ren). A copy of the Motion and Petition is attached to this notice. FURTHER, you must appear before the District Court in and for Stephens County, Oklahoma, Room #309, Stephens County Courthouse, Duncan, Oklahoma, on the 25th day of July, 2018 , at 9:00 o'clock, a.m. when the Court will hear the merits of the Motion to Adjudicate and Petition for Termination of Parental Rights and grant such relief or make such orders as the Court deems necessary and proper in this case. FURTHER, that in the event that you fail to appear as summoned, the Court will receive testimony and evidence produced by the State at the time Of the hearing and will proceed to grant such relief and make such orders as the Court deems necessary and proper, as supported by the evidence and merits of the cause. FAILURE TO PERSONALLY APPEAR AT THE HEARING CONSTITUTES CONSENT TO THE TERMINATION OF YOUR PARENTAL RIGHTS TO THIS CHILD(REN). IF YOU FAIL TO APPEAR ON THE DATE AND TIME SPECIFIED, YOU SHALL LOSE ALL LEGAL RIGHTS AS A PARENT TO THE CHILD(REN) NAMED IN THE PETITION OR MOTION ATTACHED TO THIS NOTICE. Upon proper evidence presented and after a finding of fact that it be in the best interest of the child(ren), the court may terminate for all time any and all parental rights you may have to the child(ren); except that termination of parental rights shall not in any way terminate the duty to support the child(ren) until the court receives notice from the Department of Human Services that a final decree of adoption has been entered and the instant case is dismissed. YOU ARE FURTHER ADVISED that you are entitled to be represented by an attorney at each and every stage of these proceedings. If a state of indigence exists, you are entitled to an appointed attorney at public expense. IT IS YOUR RESPONSIBILITY TO OBTAIN AN ATTORNEY PRIOR TO THE DATE OF THE HEARING OR MAKE APPLICATION TO THE COURT FOR APPOINTMENT OF AN ATTORNEY IF YOU CANNOT AFFORD TO EMPLOY ONE. DATED, this 11th day of May, 2018. /s/G. BRENT RUSSELL JUDGE OF THE DISTRICT COURT IN THE DISTRICT COURT IN AND FOR STEPHENS COUNTY STATE OF OKLAHOMA IN THE MATTER OF: C.W.R. Alleged Deprived Child Case No. JD-2016-17 MOTION TO SET ADJUDICATION COMES NOW, the State of Oklahoma, by and through Jason M. Hicks, the duly appointed and acting District Attorney of the Sixth District, in and for Stephens County, Oklahoma, and in support of its Motion would show the Court to-wit: 1. The whereabouts of the father is unknown and cannot be ascertained with due diligence; 2 The Department of Human Services employee responsible for the supervision of the child in this matter have provided an affidavit documenting the efforts to locate the parent. 3. Therefore, the State moves this Court to set this cause for a date and time certain for the unknown father to be adjudicated. WHEREFORE, the State prays that this matter be set for Adjudication, as to the father, and upon hearing of said cause, the Court make and enter such orders it determines and finds to be in the best interest of the child. JASON M. HICKS DISTRICT ATTORNEY BY: /s/ ALLISON SPEARS BUCKHOLTS ASSISTANT DISTRICT ATTORNEY ORDER-SETTING HEARING This matter comes on before the Court on the State's Motion to Set Adjudication and the Court FINDS and ORDERS that this matter should be set for hearing on the 25th. day of June, 2018, at the hour of 9:00 o'clock, a.m. G. BRENT RUSSELL JUDGE OF THE DISTRICT COURT IN THE DISTRICT COURT OF THE FIFTH JUDICIAL DISTRICT STEPHENS COUNTY, STATE OF OKLAHOMA IN THE MATTER OF: C.W.R. AN ALLEGED DEPRIVED CHILDREN Case No. JD-2016-17 PETITION TO TERMINATE PARENTAL RIGHTS COMES NOW, the State of Oklahoma, by and through Jason M. Hicks, the duly elected, qualified and acting District Attorney in and for the Fifth Judicial District, Stephens County, State of Oklahoma, and hereby moves to terminate the parental rights of Unknown Father pursuant to 10A O.S. § 1-4-904. In support of this Petition, the State of Oklahoma states as follows: 1 That the child, C.W.R., was adjudicated as a deprived child on the 22nd day of March, 2017, as to the mother, JoMarie Hall, in Stephens County, state of Oklahoma. 2. That the father is unknown and has abandoned the child. 10A O.S. 1-4- 904(2). 3. 10A: 1-4-904 85(a)(b)- The child was adjudicated deprived and the condition caused by or contributed to by acts or omissions of the parent. Termination of parental rights is in the best interest of the child. 4. 10A: 1-4-904 B7- The parents have not had custody of the child for at least 6 months out of the last 12 months immediately preceding the filing of a petition for termination and parental rights, willfully failed or refused or has neglected to contribute to the support of the child. 5. That Oklahoma is the Home State of the child; that this petitioner has not participated in any other litigation concerning the custody of said child; that this petitioner has no information of any custody proceeding concerning said child pending in this or any other state;. that this petitioner knows of no other parties' who claim to have custody or visitation rights to said child. 6. That the child is Indian Children pursuant to the Indian Child Welfare Act of 1978 or the Oklahoma Indian Child Welfare Act. 7. That termination of parental rights of the parent and placement of the child outside of the home is in the best interest of the child and that reasonable efforts have been made to prevent the need to remove the child from the home. 8. The Parent's failure to appear at the hearing shall constitute a denial of interest in the child, which denial may result, without further notice of this proceeding or any subsequent proceeding, in the granting of the application for the termination of your parental rights and in the child's adoption. WHEREFORE, the State of Oklahoma prays that pursuant to Title 10A O.S. § 1-4-904 the Court find that the parental rights of Unknown father should be terminated and that said child be placed with a suitable person or agency for the purpose of finding a suitable home for adoption and for the further purpose of consenting to the adoption of said child. Respectfully submitted, JASON M. HICKS, District Attorney BY: /s/ALLISON SPEARS BUCKHOLTS Assistant District Attorney STATES WITNESSES: Jo Waller; DHS, 1805 W Plato Rd., Duncan, P.O. Box 1367 Duncan 73534 Andrea Williams, DHS, 1805 W Plato Rd., Duncan, P.O. Box 1367, Duncan 73534 Abigail Davis, DHS, 1805 W Plato Rd., Duncan, P.O. Box 1367 Duncan 73534. Melanie Judd; Youth Services for Stephens County, 16 S 7th St., Duncan, OK 73533 Kristi Crawford; Cherokee Nation, Indian Child Welfare PO Box 948, Tahlequah, OK 74465 ORDER SETTING HEARING NOW, on this the 11th day of May, 2018 the Court having reviewed the Petition to Terminate presented by the District Attorney orders that a hearing on the Petition is set on the 25th day of July, 2018, at the hour of 9:00 o’clock a.m., in the district Court of Stephens County, Duncan, OK. /s/G. BRENT RUSSELL JUDGE OF THE DISTRICT COURT CERTIFICATE OF MAILING This is to certify that on the 14 day of May, 2018, I caused to be mailed by United States Mail Service, with postage fully prepaid thereon, a true and correct copy of the above and foregoing instrument of the Petition to: Jamie Phipps, PO Box 176, Waurika, Oklahoma 73573 and Andrea Williams, DHS, 1805 W. Plato, Duncan, Oklahoma 73533. /s/Allison Spears Buckholts
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