15-11-39.2
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15-11-39.2.
(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.