RULE 16. MODIFICATION AND VACATION OF ORDERS
(a) Mandatory Vacation of Order. An order of the court must be set aside if:
(1) it appears it was obtained by fraud or mistake;
(2) the court lacked jurisdiction over a necessary party or of the subject matter; or
(3) newly discovered evidence so requires.
(b) Discretionary Modification.
(1) Except an order terminating parental rights, or an order of dismissal, an order of the court may also be changed, modified, or vacated on the ground that changed circumstances so require in the best interest of the child.
(2) An order terminating parental rights and the parent and child relationship may be vacated by the court on motion of the parent if the child is not placed for adoption and the person having custody of the child consents in writing to the vacation of the decree.
(3) An order granting probation to a child found to be delinquent or unruly may be revoked on the ground that the conditions of probation have not been observed.
(c) Motion for Relief. Any party to the proceeding, the director of juvenile court or other person having supervision or legal custody of or an interest in the child may move the court for the relief provided in this rule. The motion must set forth in concise language the grounds on which relief is requested.
(d) Notice. Reasonable notice and an opportunity to be heard must be given to the child and the parent, guardian, or other custodian before the court may extend the duration of:
(1) an order committing a delinquent or unruly child to the division of juvenile services;
(2) an order placing a child in foster care; or
(3) an order placing a child in detention or shelter care.
(e) Hearing. After the motion is filed, the court must set a hearing and cause notice to be served on the parties. After the hearing, which may be informal, the court may deny or grant relief as the evidence warrants.
Rule 16 was adopted effective __________________.
Sources: Juvenile Policy Board Minutes of February 20, 2009; December 5, 2008; August 8, 2008; May 9, 2008; February 9, 2008; September 21, 2007; April 20, 2007.
Superseded: N.D.C.C. § 27-20-37.
Cross Reference: N.D.R.Juv.P. 14 (Motions).