Rule 35a-16. Modifications

Motions to modify dispositions are dispositional in nature based on the prior adjudication, and the judicial authority shall determine whether a modification is in the best interests of the child or youth upon a fair preponderance of the evidence. Unless filed by the Commissioner of the Department of Children and Families, any modification motion to return a child or youth to the custody of the parent without protective supervision shall be treated as a motion for revocation of commitment.

Committee Notes

amended June 30, 2008, to take effect Jan. 1, 2009.)