Working with Child Deprivation Cases in Georgia's Juvenile Courts

XI

Motions for Reconsideration and Appeals

The juvenile code provides that a petition to modify or vacate a previous order of the court may be filed in particular circumstances after the disposition has been handed down. An order of the court shall be set aside if:

1. it appears that it was obtained by fraud or mistake sufficient therefore in a civil action;
2. the court lacked jurisdiction over a necessary party or of the subject matter; or
3. newly discovered evidence so requires. O.C.G.A. § 15-11-42(a)(1-3).

A dispositional order in a deprivation case may also be "changed, modified, or vacated on the ground that changed circumstances so require in the best interest of the child." O.C.G.A. § 15-11-42(b). Such a petition may be brought by any party to the proceeding, the probation officer, or any other person having supervision or legal custody of the child. The petition should set forth in clear and concise language the grounds on which the petition is based. O.C.G.A. § 15-11-42(c). After filing of the petition, the court must fix a time for the hearing and cause notice to be served as provided by O.C.G.A. § 15-11-27. The hearing may be of an informal nature and the court shall grant or deny relief as the evidence warrants. O.C.G.A. § 15-11-42(d).