Section 15-11-39. (Effective until January 1, 2014) Time for hearing; summons; waiver of service of summons

   (a) After the petition has been filed the court shall set a hearing thereon, which, if the child is in detention, shall not be later than ten days after the filing of the petition. In the event the child is not in detention, the court shall set a hearing thereon which shall be not later than 60 days from the date of the filing of the petition.

(b) The court shall direct the issuance of a summons to the parents, guardian, or other custodian, a guardian ad litem, and any other persons who appear to the court to be proper or necessary parties to the proceeding, requiring them to appear before the court at the time fixed to answer the allegations of the petition. The summons shall also be directed to the child if he or she is 14 or more years of age or is alleged to be a delinquent or unruly child. A copy of the petition shall accompany the summons unless the summons is served by publication, in which case the published summons shall indicate the general nature of the allegations and where a copy of the petition can be obtained.

(c) The court may endorse upon the summons an order directing the parents, guardian, or other custodian of the child to appear personally at the hearing and directing the person having the physical custody or control of the child to bring the child to the hearing. In the event a parent, guardian, or other custodian of the child willfully fails to appear personally at the hearing after being ordered to so appear, or the parent, guardian, or other custodian of the child willfully fails to bring the child to the hearing after being so directed, the court may enter any order authorized by and in accordance with the provisions of Code Section 15-11-5.

(d) The summons shall state that a party is entitled to counsel in the proceedings and that the court will appoint counsel if the party is unable without undue financial hardship to employ counsel.

(e) A party other than the child may waive service of summons by written stipulation or by voluntary appearance at the hearing. If the child is present at the hearing, the child's counsel, with the consent of the parent, guardian, other custodian, or guardian ad litem, may waive service of summons in the child's behalf.

Ga. L. 1915, p. 35, §§ 4, 5; Code 1933, §§ 24-2404, 24-2405; Ga. L. 1950, p. 367, § 13; Ga. L. 1951, p. 291, § 14; Ga. L. 1968, p. 1013, § 6; Code 1933, § 24A-1701, enacted by Ga. L. 1971, p. 709, § 1; Ga. L. 1974, p. 1126, § 4; Code 1981, § 15-11-26; Ga. L. 1996, p. 868, § 4; Code 1981, § 15-11-39, as redesignated by Ga. L. 2000, p. 20, § 1; Ga. L. 2002, p. 1162, § 3.