PUBLISHED IN THE CLAREMORE DAILY PROGRESS, CLAREMORE, OKLAHOMA, SEPTEMBER 28, 2008.
IN THE DISTRICT COURT
OF ROGERS COUNTY
STATE OF OKLAHOMA
IN THE ADOPTION OF:
Bradley Ray Springer, DOB: 4/16/2002
Emily Elizabeth Johnson, DOB: 7/21/2004 minor child(ren)
Case No. FA-2008-59
NOTICE OF PUBLICATION
TO: Any Unknown biological(s), and Rose Ezell Johnson, biological mother, address unknown
Bobby Johnson, PO Box 694, Delores, CO 81323
Child Welfare Representative of the Cherokee Nation, PO Box 948, Tahlequah, OK 74464
Mary King, Rogers County DHS, PO Box 3030, Claremore, OK 74018
On the 9th day of September, 2008 a Petition was filed in this Court for the adoption of Bradley Ray Springer, date of birth April 16, 2002 and Emily Elizabeth Johnson, date of birth July 21, 2004; and an application has been filed to allow the adoption without the consent of the biological(s) parents; and said application is set for hearing on the 24th of October, 2008, at the hour of 10:00 o’clock A.M., in the District Courtroom of Judge Crosson in the Courthouse of Rogers County in Claremore, State of Oklahoma.
Petitioners have alleged in their petition and application that said minor children are eligible for adoption without the biological parents consent as the biological parents have willfully failed, refused or neglected to contribute to the support of the minor children for over a period of twelve (12) consecutive months out of the last fourteen (14) months immediately preceding the filing of the petition for adoption and application for adoption without the biological parents consent, as provided under 10 O.S. § 7505-4.2 (B) and additionally that you the biological parents have failed to establish and/or a substantial and positive relationship with the minor children for a period of twelve (12) consecutive months out of the last fourteen (14) months immediately preceding the filing of the petition for adoption and the application for adoption without the biological parents consent, as provided under title 10 O.S. § 7505-4.2 (H)(1); and finally, the Petitioners have alleged that the biological father Bobby Johnson and any unknown biological father(s) have abandoned the female minor child, as provided under 10 O.S. § 7505-4.2(G).
The minor children are enrolled or are eligible for membership in the Cherokee Nation. YOU, HAVE SPECIFIC RIGHTS UNDER THE INDIAN CHILD WELFARE ACTS, 25 U.S.C. § 1912 (A) AND 10 O.S. § 40.4; (1) the biological parents, Indian custodians, and the children’s tribe have a right to intervene at any point in this proceeding; (2) the biological parents, Indian custodians, and the children’s tribe have a right to petition the district court to transfer the proceedings to the appropriate tribal court; (3) the hearing on this proceeding cannot be held less than 10 days from the time this notice is provided; (4) the biological parents Indian custodians, and the children’s tribe have the right to request an additional twenty days to prepare for this hearing; (5) the Indian custodians, may be entitled to a court-appointed attorney, should they prove unable to afford a private attorney; (6) the tribe is further notified that this matter is confidential;
AND THE PARENTS OR INDIAN CUSTODIANS ARE ADVISED THAT THESE PROCEEDINGS WILL HAVE SIGNIFICANT CONSEQUENCES ON THEIR PARENTAL RIGHTS TO THIS CHILDREN, INCLUDING A LOSS OF CUSTODY AND THE FINAL TERMINATION OF PARENTAL RIGHTS, APPROVING THE ADOPTION OF THESE CHILDREN BY THESE PETITIONERS, WHO ARE PROPER PARTIES TO ADOPT.
YOU, THEREFORE, ARE NOTIFIED THAT THE COURT WILL HEAR EVIDENCE IN SUPPORT OF AND IN OPPOSITION TO THE GRANTING OF THE APPLICATION, AT THE TIME AND PLACE SHOWN ABOVE WHERE YOU WILL HAVE THE RIGHT TO BE PRESENT, HAVE AN ATTORNEY AND HAVE AN OPPORTUNITY TO BE HEARD AT SAID TIME AND PLACE, AND HAVE THE RIGHT TO OBJECT TO THE APPLICATION AND ADOPTION OF SAID MINOR CHILDREN.
YOUR FAILURE TO APPEAR AT SAID HEARING SHALL CONSTITUTE A DENIAL OF YOUR INTEREST IN THE CHILD(REN), WHICH DENIAL MAY RESULT, WITHOUT FURTHER NOTICE OF THIS PROCEEDING OR ANY SUBSEQUENT PROCEEDINGS, IN SAID CHILD(REN’S) ADOPTION WITHOUT YOUR CONSENT, THEREBY ULTIMATELY TERMINATING YOUR RIGHTS TO SAID CHILD(REN) IN ACCORDANCE WITH THE LAW OF THE STATE OF OKLAHOMA.
s/ Terrell Crosson
Judge of the District Court