Section 1042. Effect of absence of parent or other person responsible for care

If the parent or other person legally responsible for the  child's
  care is not present, the court may proceed to hear a petition under this
  article  only if the child is represented by counsel, a law guardian, or
  a guardian ad litem. The parent or other person legally responsible  for
  the child's care shall be served with a copy of the order of disposition
  with  written  notice  of  its  entry  pursuant  to section one thousand
  thirty-six  of  this  article.  Within  one  year  of  such  service  or
  substituted  service pursuant to section one thousand thirty-six of this
  article, the parent or other person legally responsible for the  child's
  care  may  move  to  vacate  the  order  of  disposition  and schedule a
  rehearing. Such motion shall be granted on  an  affidavit  showing  such
  relationship   or  responsibility  and  a  meritorious  defense  to  the
  petition, unless the  court  finds  that  the  parent  or  other  person
  willfully  refused to appear at the hearing, in which case the court may
  deny the motion.