O.C.G.A.

O.C.G.A. § 15-11-163 (2019)

Interlocutory order of disposition when summons served by publication

✓ O.C.G.A.: 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(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 alleging dependency and enter an interlocutory order of disposition if:

(1) The petition alleges dependency of a child;

(2) The summons served upon any party:

(A) States that prior to the final hearing on such petition a provisional hearing 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 alleging dependency 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 the requirements of Code Section 15-11-160; and

(3) A child named in a petition alleging dependency is brought is personally before the court at the provisional hearing.

(b) Findings of fact and orders of disposition shall have only interlocutory effect pending final hearing on the petition alleging dependency.

(c) If a party served by publication fails to appear at the final hearing on the petition alleging dependency, the findings of fact and interlocutory orders made shall become final without further evidence. If a party appears at the final hearing, the findings and orders shall be vacated and disregarded and the hearing shall proceed upon the allegations of such petition without regard to this Code section.

History

Code 1981, § 15-11-163, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

Annotations

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-1901, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor’s notes at the beginning of the chapter. Challenge to temporary order made while proceedings still pending. - If petition in the juvenile court

alleges deprivation of a child and if the service of summons is made by publication, the juvenile court is authorized to enter an interlocutory order of disposition and any challenge to the service or to the temporary order must be made by the appellant in the juvenile court where the proceedings are still pending. Chastain v. Smith, 243 Ga. 262, 253 S.E.2d 560 (1979) (decided under former Code 1933, § 24A-1901).

RESEARCH REFERENCES Am. Jur. 2d. - 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, §§ 66 et seq., 110 et seq. C.J.S. - 43 C.J.S., Infants, § 195 et seq.

U.L.A. - Uniform Juvenile Court Act (U.L.A.) § 25.

PART 7 PREADJUDICATION PROCEDURES