9-10-70
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9-10-70.
(a)
Anything to the contrary notwithstanding, in all instances where a minor, 14
years of age or older, is a legal resident of the county wherein the legal
proceeding concerning such service is sought to be made but is temporarily
residing or sojourning outside this state or outside the United States, service
may be perfected upon the minor by registered or certified United States mail
with return receipt attached or by statutory overnight delivery.
(b)
When service is to be perfected by registered or certified mail or statutory
overnight delivery, as provided for in subsection (a) of this Code section, the
clerk or the judge of the court in which the matter is proceeding shall enclose
a copy of the petition, order, or other document sought to be served on the
minor in an envelope addressed to the minor at his or her last known address and
shall mail the same forthwith with postage prepaid, noting on the records of the
court the date and hour of mailing, or shall send the same by statutory
overnight delivery as provided in Code Section 9-10-12. When a receipt therefor
is returned or if the sealed envelope in which the notice was mailed to the
minor is returned to the sender by the appropriate postal authorities or
commercial delivery company marked 'Refused,' giving the date of refusal, and
the notation of refusal is signed or initialed by a postal employee or mail
carrier or commercial delivery company employee to whom the refusal was made,
then the clerk or judge shall attach the same to the original papers in the case
or shall otherwise file it as a part of the records in the case and it shall be
prima-facie evidence of service on the minor.
(c)
When service upon a minor is perfected as set forth in subsections (a) and (b)
of this Code section, the minor shall have 60 days from the date of receipt of
the registered letter or statutory overnight delivery or the refusal thereof as
shown on the receipt of refusal in which to file such defensive pleadings as may
be necessary. No judgment or decree shall be rendered in the proceeding which
shall adversely affect the interest of the minor until the 60 day period has
elapsed unless the judgment or decree is expressly agreed or consented to by the
duly appointed guardian ad litem of the minor as being in the best interest of
the minor and unless the 60 day period provided for in this subsection has been
expressly waived by the guardian ad litem. Each process issued in such cases
shall be conformed to the 60 day provision set forth in this subsection.
(d)
When the return of service provided for in this Code section is made to the
proper court and an order is taken to appoint for the minor a guardian ad litem,
and the guardian ad litem agrees to serve in writing, all of which shall be
shown in the proceedings of the court, the minor shall be considered a party to
the proceedings.
(e)
In cases concerning minors 14 years of age or older who are temporarily
sojourning or living outside this state or the United States, where the minor
has a statutory or testamentary guardian or trustee representing the interest of
the minor to be affected by a legal proceeding, service as usual on the guardian
or trustee shall be sufficient to bind the minor´s interest in his control
to be affected by the proceedings.