Section 15-11-39.2. (Effective until January 1, 2014) Provisional hearing when summons served by publication; interlocutory effect of findings and order; final hearing

   (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.

Code 1933, § 24A-1901, enacted by Ga. L. 1971, p. 709, § 1; Code 1981, § 15-11-29; Ga. L. 1986, p. 1017, § 1; Code 1981, § 15-11-39.2, as redesignated by Ga. L. 2000, p. 20, § 1.