DMR.1.5.070 Reviews, Extensions, and Modifications

(a) A dispositional order shall be reviewed at the Children's Court's discretion, with a goal of every three months but at least every six months.

(b) 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 Children's Court is effective, the Child Welfare Director or the Assistant Child Welfare Director may move for an extension of the Court's dispositional order. Such motion shall be filed with the Children's Court. The Clerk of Court shall serve copies on all affected persons who were parties to the original proceedings, the Child Welfare Director or the Assistant Child Welfare Director, and the guardian ad litem, except that the Court may order additional parties served. Service may be made by first class mail. The motion shall be filed and served together with a notice of hearing on the motion no later than five (5) working days before the hearing. Service may be made by first class mail. The hearing so noticed will be on the merits of the motion unless the Court otherwise orders. To assist the 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.1.5.060(b) of this ordinance, and under the same conditions as set forth in Section DMR.1.5.060(b) of this ordinance, along with the petition and notice.

(c) In the event a motion for extension is filed within the time period specified in Section DMR.1.5.070(b) 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.

(d) 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.1.5.010 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.

(e) Upon motion by any person with an interest in the child who was a party to the original proceedings or the Child Welfare Director or the Assistant Child Welfare 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. Such motion shall be filed with the Children's Court. The Clerk of Court shall serve affected persons who were parties to the original proceedings, the Child Welfare Director or the Assistant Child Welfare Director, and any guardian ad litem, except that the Children's Court may order additional parties served. Service may be made by first class mail. The motion shall be filed and served together with a notice of hearing on the motion. The hearing so noticed will be on the merits of the motion unless the Court otherwise orders. To assist the 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.1.5.060(b) of this ordinance, and under the same conditions as set forth in Section DMR.1.5.070(b) above, along with the motion.

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