Dependent and Neglect Proceedings

215

Rule 310: Modifcation of or Relief From Judgments or Orders.

(a)   Modification of Orders.

(1)  Clerical Mistakes. Clerical mistakes and errors arising from oversight or omission in orders or other parts of the record may be corrected by the court at any time on its own initiative or on motion of any party.
(2)  Modification for Newly Discovered Evidence.  A dispositional order may be modified on the ground that newly discovered evidence so requires. The court, in making this determination, shall make any modification consistent with the best interests of the child.
(3)  Modification for Changed Circumstances.  An order of the court may be modified on the ground that, since the entry of the order, changed circumstances and the best interests of the child require it.

(b)  Relief from Judgments or Orders.

An order of the court shall be set aside if it is determined that:

(1)  It was obtained by fraud or mistake sufficient to satisfy the legal requirements for relief in any other civil action;
(2)  The court lacked jurisdiction over a necessary party or of the subject matter; or
(3)  Newly discovered evidence so requires. The court must determine that, with regard to such newly discovered evidence, the movant was without fault in failing to present such evidence at the original proceeding, and that such evidence may have resulted in a different judgment at the original proceeding.   

(c)   Procedure. Any party to a proceeding, the guardian ad litem, or other person having legal custody of or an interest in a child may seek the relief provided in this rule. A request for relief under this rule shall set forth in concise language the grounds upon which the relief is requested. If relief is sought under subdivisions (a)(1) and (2) or (b), a motion shall be filed and notice shall be given pursuant to Rule 106. If relief is sought under subdivision (a)(3), a petition shall be filed and served pursuant to Rule 103.

(d)  Disposition.  After the hearing, the court shall deny or grant relief as the evidence warrants. Where a modification of an order is granted, the court may order any disposition which would be permissible at the original dispositional hearing, or the court may schedule a dispositional hearing in accordance with these rules.

Advisory Commission Comments.

T.C.A. § 37-1-139 authorizes the modification of and relief from orders under certain circumstances. A motion is filed if relief is sought under subdivisions (a)(1) and (2) or (b). However, a petition is required if relief is sought because of changed circumstances under subdivision (a)(3). 

The Commission anticipates that persons not a party to the original proceeding will request relief under this rule. In such cases, the motion should include a request to intervene as a party. In the event that the person is making new allegations that the child is dependent and neglected, the person should file a dependent and neglect petition under T.C.A. §§ 37-1-119 and 120, rather than a petition to modify.

Back to Top