15-11-163. Interlocutory order of disposition when summons served by publication.

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. (1)

   The petition alleges dependency of a child;#

2. (2)

   The summons served upon any party:#

   1. (A)

      States that prior to the final hearing on such petition a provisional hearing will be held at a specified time and place;#

   2. (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;#

   3. (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#

   4. (D)

      Otherwise conforms to the requirements of Code Section 15-11-160; and#

3. (3)

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

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

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.#