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Rule 47. Reviews and modification of orders.

(a) Reviews.

(a)(1) At the time ofdisposition in any case wherein a minor is placed on probation, underprotective supervision or in the legal custody of an individual or agency, thecourt shall also order that the individual supervising the minor or theplacement, submit a written report to the court at a future date and appearpersonally, if directed by the court, for the purpose of a court review of thecase. If a date certain is not scheduled at the time of disposition, notice bymail of such review shall be given by the petitioner, if the review is amandatory review, or by the party requesting the review to the supervisingagency not less than 5 days prior to the review. Such notice shall also begiven to the guardian ad litem, if one was appointed.

(a)(2) No modificationof a prior dispositional order shall be made at a paper review thatwould have the effect of further restricting the rights of the parent,guardian, custodian or minor, unless the affected parent, guardian custodian orminor waives the right to a hearing and stipulates to the modification. Ifa guardian ad litem is representing the minor, the court shall give a copy ofthe submitted documents to the guardian ad litem priorto the paper review.

(b) Review hearings.

(b)(1) Any party in acase subject to review may request a review hearing. The request must be inwriting and the request shall set forth the facts believed by the requestingparty to warrant a review by the court. If the courtdetermines that the alleged facts, if true, would justify a modification of thedispositional order, a review hearing shall be scheduled with notice, includinga copy of the request, to all other parties. The court may schedule a reviewhearing on its own motion.

(b)(2) The court maymodify a prior dispositional order in a review hearing upon the stipulation ofall parties and upon a finding by the court that such modification would not becontrary to the best interest of the minor and the public.

(b)(3) The court shallnot modify a prior order in a review hearing that would further restrict therights of the parent, guardian, custodian or minor if any party objects tothe modification. Upon objection, the court shall schedule the matter fora motion hearing and require that a motion be filed with notice to allparties.  A party requesting an evidentiary hearing shall state therequest in the motion to modify the prior order or the response to themotion.

(b)(4) All cases whichrequire periodic review hearings under Title 78A Chapter 6 shall be scheduledfor court review not less than once every six months from the date ofdisposition.

(c) Disposition reviews.Upon the written request of any agency, individual orinstitution vested with legal custody or guardianship by prior court order, thecourt shall conduct a review hearing to determine if the prior order shouldremain in effect. Notice of the hearing, along with a copy of the writtenrequest, must be provided to all parties not less than 5 days prior to thehearing, unless the hearing is expedited.

(d) Review of a caseinvolving abuse, neglect, or dependency of a minor shall be conducted also inaccordance with Section 78A-6-117, Section 78A-6-314 and Section 78A-6-315.

(e) Intervention plans.

Intervention plans areplans prepared by the probation department or agencies assuming custody of theminor designed to assist the minor and/or the parent, guardian orcustodian toaddress or correct issues that caused thecourt to be involved with the minor and his or her family.

(e)(1) In all caseswhere the disposition order places temporary legal custody or guardianship ofthe minor with an individual, agency, or institution, a proposed interventionplan shall be submitted by the probation department when probation has beenordered; by the agency having custody or guardianship; or by the agencyproviding protective supervision, within 30 days following the date ofdisposition. This intervention plan shall be updated whenever a substantialchange in conditions or circumstances arises.

(e)(2) In cases whereboth parents have been permanently deprived of parental rights, theintervention plan shall identify efforts made by the child placing agency tosecure the adoption of the minor and subsequent review hearings shall be helduntil the minor has been adopted or permanently placed.

(f) Progress reports.

(f)(1) A writtenprogress report relating to the intervention plan shall be submitted to thecourt and all parties by the agency, which prepared the intervention plan atleast two working days prior to the review hearing date.

(f)(2) The progressreport shall contain the following:

(f)(2)(i) A review ofthe original conditions, which invoked the court's jurisdiction.

(f)(2)(ii) Anysignificant changes in these conditions.

(f)(2)(iii) The numberand types of contacts made with each family member or other person related tothe case.

(f)(2)(iv)A statement of progress toward resolving the problems identified in theintervention plan.

(f)(2)(v) A report onthe family's cooperation in resolving the problems.

(f)(2)(vi)A recommendation for further order by the court.

(g) In substantiationproceedings, a party may file a motion to set aside a default judgment ordismissal of a substantiation petition for failure to appear, within thirty daysafter the entry of the default judgment or dismissal. On motion and upon suchterms as are just, the court may in the furtherance of justice relieve a partyfrom a default judgment or dismissal if the court finds good cause for theparty's failure to appear. The filing of a motion under this Subdivision doesnot affect the finality of a judgment or suspend its operation.