ATTORNEY GENERAL LOVING HAS ASKED ME TO RESPOND TO YOUR RECENT REQUEST FOR AN ATTORNEY GENERAL OPINION IN WHICH YOU ASKED, IN EFFECT:
1. WHO MUST PROVIDE THE NOTICE OF THE HEARING REQUIRED UNDER TITLE 10 O.S. 1107 (1991), AFTER A CHILD HAS BEEN TAKEN INTO CUSTODY AS A DEPRIVED CHILD?
2. MAY THE DISTRICT COURT, BY SPECIAL APPOINTMENT OR OTHERWISE, REQUIRE THE DEPARTMENT OF HUMAN SERVICES ("DHS") OR ITS EMPLOYEES TO PROVIDE NOTICE OF SUCH PROCEEDINGS?
BECAUSE YOUR REQUEST INVOLVES THE DETERMINATION OF FACTUAL ISSUES BEYOND THE SCOPE OF A FORMAL ATTORNEY GENERAL OPINION, THIS OFFICE HAS DETERMINED THAT YOUR REQUEST SHOULD BE ANSWERED THROUGH THIS INFORMAL LETTER.
THE DISCUSSION WHICH FOLLOWS IS NOT AN OFFICIAL OPINION OF THE ATTORNEY GENERAL. RATHER, THE ANALYSIS AND CONCLUSIONS WHICH FOLLOW, WHILE SOLELY MY OWN, HAVE BEEN REACHED AFTER CAREFUL RESEARCH OF THE QUESTIONS YOU HAVE RAISED.
RESEARCH INTO THESE QUESTIONS INDICATES THAT THEY MAY BE ANSWERED TOGETHER.
TITLE 10 O.S. 1101 (1991) ET SEQ., SETS FORTH THE PROCEDURE BY WHICH DISTRICT COURTS WITHIN THIS STATE MAY TAKE ACTION FOR THE CARE AND TREATMENT OF DELINQUENT, DEPENDENT AND NEGLECTED CHILDREN. SECTION 1102(A) THEREIN PROVIDES, IN PART:
"UPON THE FILING OF A PETITION, OR UPON THE ASSUMPTION OF CUSTODY PURSUANT TO THE PROVISIONS OF SECTION 1107 OF THIS TITLE, THE DISTRICT COURT SHALL HAVE JURISDICTION OF ANY CHILD WHO IS OR IS ALLEGED TO BE DELINQUENT, IN NEED OF SUPERVISION, IN NEED OF TREATMENT, OR DEPRIVED, WHO IS FOUND WITHIN THE COUNTY; AND OF THE PARENT, GUARDIAN OR LEGAL CUSTODIAN OF SAID CHILD, REGARDLESS OF WHERE THE PARENT, GUARDIAN OR LEGAL CUSTODIAN IS FOUND."
10 O.S. 1104 PROVIDES THAT UPON THE FILING OF A PETITION, A SUMMONS SHALL BE SERVED UPON INTERESTED PARTIES TO THE CAUSE OF ACTION, UNLESS THE PARTIES APPEAR VOLUNTARILY. THAT SECTION PRESCRIBES LIMITS UPON AND REQUIREMENTS FOR SERVICE. HOWEVER, 10 O.S. 1107 OF TITLE 10 ALLOWS A CHILD TO BE TAKEN INTO CUSTODY PRIOR TO THE FILING OF A PETITION, UNDER CERTAIN CIRCUMSTANCES. 10 O.S. 1107(A). NO LANGUAGE REQUIRES THE ISSUANCE OF A SUMMONS OR MANDATES SPECIFIC SERVICE. SUBSECTION (C) OF THAT SECTION PROVIDES, HOWEVER, AS TO A DEPRIVED CHILD, THAT "(T)HE PARENT OR LEGAL GUARDIAN OF THE CHILD SHALL BE GIVEN IMMEDIATE NOTICE OF THE CUSTODY OF THE CHILD WHENEVER POSSIBLE AND PRIOR ADEQUATE NOTICE OF THE HEARING (UPON THE ALLEGATION OF DEPRIVATION)."
IN ORDER TO DETERMINE REQUIREMENTS AS TO THE PROVISION OF NOTICE UNDER 10 O.S. 1107, THE CARDINAL RULE OF SUCH STATUTORY CONSTRUCTION IS TO ASCERTAIN AND GIVE EFFECT TO THE INTENT OF THE LEGISLATURE. CARTWRIGHT V. GEORGIA-PACIFIC CORP., 663 P.2D 718 (OKLA. 1982). WORDS USED IN A STATUTE MUST BE USED IN THEIR ORDINARY SENSE UNLESS OTHERWISE DEFINED BY THE LEGISLATURE AND UNLESS A CONTRARY INTENTION PLAINLY APPEARS. ID. SEE ALSO, 25 O.S. 1 (1991).
PETITIONS FILED PURSUANT TO 10 O.S. 1102 OF TITLE LO ARE DELINEATED IN 10 O.S. 1103 (1991). PARAGRAPH E OF 10 O.S. 1103(E) DIRECTS THAT THE PETITION BE ATTACHED TO