DMR.1.10.100 Reviews, Extensions, and Modifications

(a) Review Hearings. A dispositional order shall be reviewed at the Children's Court's discretion, but at least every six months.

(1) The Legal Department shall motion the Court requesting a Dispositional Order Review Hearing with the Children's Court. The Legal Department shall serve copies of the motion to all affected persons who were parties to the original proceedings, the Behavioral Health Director, and the guardian ad litem, except that the Children's Court may order additional parties served.

(2) Upon receiving the motion, the Children's Court shall set a Dispositional Order Review Hearing. The clerk shall serve notice of hearing date to all affected persons who parties to the original proceedings, the Behavioral Health Director, and the guardian ad litem, and any additional parties ordered by the Children's Court no later than seven (7) working days before the hearing if done by personal service and ten (10) working days if done by first class mail. The hearing so noticed will be on the merits of the motion unless the Children's Court otherwise provides.

(3) To assist the Children's Court, parties and guardian ad litem, the petitioning party must prepare, file and serve a court report, similar to those called for in Section DMR.1.10.090(a) of this ordinance, and under the same conditions as set forth in Section DMR.1.10.090(a) of this ordinance.

(b) Extension Hearings. At the close of the one year Dispositional Order, the Behavioral Health Director may request an extension of the Dispositional Order for a one year period.

(1) At any time in the last sixty (60) days of the period in which a dispositional order issued by the Children's Court or issued by another Court and subsequently transferred to the Court is effective, the Behavioral Health Director or his or her designee may motion the Court requesting a Dispositional Order Extension Hearing. Such motion shall be filed with the Court. The Legal Department shall serve copies of the motion to extend the dispositional order on all affected persons who were parties to the original proceedings, the Behavioral Health Director, and the guardian ad litem, except that the court may order additional parties served.

(2) Upon receiving the request to extend the dispositional order, the Children's Court shall set a Dispositional Extension Order hearing. The clerk shall service notice of the hearing date to all affected persons who parties to the original proceedings, the Behavioral Health Director, and the guardian ad litem, and any additional parties ordered by the Court no later than seven (7) working days before the hearing if done by personal service and ten (10) working days if done by first class mail. The hearing so noticed will be on the merits of the motion unless the Court otherwise provides.

(3) To assist the Children's Court, parties and guardian ad litem, the petitioning party must prepare, file and serve a court report, similar to those called for in Section DMR.1.10.090(a) of this ordinance, and under the same conditions as set forth in Section DMR.1.5.070(a) of this ordinance, along with the petition and notice.

(4) In the event a motion for extension is filed within the time period specified in Section DMR.1.10.100(b)(1) above, the Children's Court may make such temporary extension orders as are necessary to preserve its jurisdiction and to protect the interests of the child pending a full hearing on the extension motion.

(5) The scope of inquiry at the hearing on an extension is whether the conditions that warranted the adjudication continue or whether new circumstances provide jurisdiction pursuant to Section DMR.1.10.040 of this ordinance. If an extension is sought on the ground of new circumstances, the circumstances justifying extended jurisdiction shall be alleged in the petition.

(6) A motion to extend a dispositional order may include a motion to modify the order.

(c) Modification Hearings. Upon motion by any person with an interest in the child who was a party to the original proceedings or the Behavioral Health Director, the Children's Court may, for good cause shown, modify a dispositional order any time during the effective period of the order sought to be modified.

(1) The Legal Department shall motion the Court requesting a Dispositional Order Modification Hearing with the Children's Court. The Legal Department shall serve copies of the motion to all affected persons who were parties to the original proceedings, the Behavioral Health Director, and the guardian ad litem, except that the Court may order additional parties served. Such motion shall be filed with the Children's Court.

(2) Upon receiving the motion, the Children's Court shall set a Dispositional Order Modification Hearing. The clerk shall serve notice of hearing date to all affected persons who parties to the original proceedings, the Behavioral Health Director, and the guardian ad litem, and any additional parties ordered by the Children's Court no later than seven (7) working days before the hearing if done by personal service and ten (10) working days if done by first class mail. The hearing so noticed will be on the merits of the motion unless the Children's Court otherwise provides.

(3) To assist the Children's Court, parties and guardian ad litem, the petitioning party must prepare, file and serve a court report, similar to those called for in Section DMR.1.10.090(a) of this ordinance, and under the same conditions as set forth in Section DMR.1.5.070(b) of this ordinance.