(a) If service of summons upon a party is made by publication, the
court may conduct a provisional hearing upon the allegations of the
petition and enter an interlocutory order of disposition if: (1) The petition alleges delinquency, unruly conduct, or
deprivation of the child; (2) The summons served upon any party: (A) States that prior to the final hearing on the petition
designated in the summons a provisional hearing thereon will be
held at a specified time and place; (B) Requires the party who is served other than by publication
to appear and answer the allegations of the petition at the
provisional hearing; (C) States further that findings of fact and orders of
disposition made pursuant to the provisional hearing will become
final at the final hearing unless the party served by
publication appears at the final hearing; and (D) Otherwise conforms to Code Section 15-11-39; and (3) The child is personally before the court at the provisional
hearing. (b) All provisions of this article applicable to a hearing on a
petition, to orders of disposition, and to other proceedings
dependent thereon shall apply under this Code section, but findings
of fact and orders of disposition shall have only interlocutory
effect pending final hearing on the petition. The rights and duties
of the party served by publication are not affected except as
provided in subsection (c) of this Code section. (c) If the party served by publication fails to appear at the final
hearing on the petition, the findings of fact and interlocutory
orders made shall become final without further evidence and shall be
governed by this article as if made at the final hearing. If the
party appears at the final hearing, the findings and orders shall be
vacated and disregarded and the hearing shall proceed upon the
allegations of the petition without regard to this Code section. |