Sanctions for failure to obey summons

(a) If any person named in and properly served with a summons shall without reasonable cause fail to appear or, when directed in the summons, to bring the child named in the petition pursuant to this article before the court, then the court may issue a rule nisi against the person, directing the person to appear before the court to show cause why he or she should not be held in contempt of court. (b) If a summons cannot be served or if the person to whom the summons is directed fails to obey it, the court may issue an order to take the child named in the petition pursuant to this article into protective custody. History. — Code 1981, § 15-11-285, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242. PART 4 HEARINGS 15-11-300. (For effective date, see note.) Notice of hearings to specified parties; required findings. (a) In advance of each hearing to terminate parental rights, DFCS shall give written notice of the date, time, place, and purpose of the hearing to the caregiver of the child at issue, the foster parents of such child, if any, any preadoptive parent, or any relative providing care for such child, including the right to be heard. The written notice shall be delivered to the recipient at least 72 hours before the review or hearing by United States mail, e-mail, or hand delivery. 979 15-11-300 (b) This Code section shall not be construed to require a caregiver, foster parent, preadoptive parent, or relative caring for the child at issue to be made a party to the hearing solely on the basis of such notice and right to be heard. (c) (For effective date, see note.) At any termination of parental rights hearing, the court shall make specific findings of fact in writing regarding participation by the caregiver of a child, the foster parent of a child, any preadoptive parent, or any relative providing care for a child. Such findings of fact shall include: (1) Whether the caregiver was provided notice of the hearing, including the method, and whether the caregiver expressed an interest in being heard at the hearing; and (2) If the caregiver is present, specific information regarding the caregiver’s views, including, but not limited to, concerning the child’s well-being, health, and safety; any changes the caregiver believes are necessary to advance the child’s well-being, health, and safety; and the timeliness, necessity, and quality of services being provided to the child and caregiver; and a summary of documentation presented by the caregiver regarding the child’s well-being, health, and safety, including, but not limited to, reports from physicians, counselors, psychologists, and teachers. History. — Code 1981, § 15-11-300, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2020, p. 241, § 3/SB 439. Delayed effective date. — Subsection (c), as set out above, becomes effective January 1, 2021. Until January 1, 2021, there is no subsection (c). The 2020 amendment, effective January 1, 2021, added subsection (c).