Tennessee § 37-1-139 - Modification of orders.

§ 37-1-139. Modification of orders.

Except as provided in § 36-1-113(q), an order of the court shall be set aside if it appears that: It was obtained by fraud or mistake sufficient to satisfy the legal requirements in any other civil action; The court lacked jurisdiction over a necessary party or of the subject matter; or Newly discovered evidence so requires. Except for an order terminating parental rights or an order of dismissal, an order of the court may be changed or modified: Upon a finding of changed circumstances and that the change or modification is in the best interest of the child; If the order contains clerical mistakes; or If newly discovered evidence so requires. In no event shall modification of an agreed order result in a child being placed into the custody of the department of children's services without the appropriate petition having been filed with the clerk of the court alleging the child to be dependent, neglected, abused, unruly, or delinquent. This subsection (c) shall not be construed as eliminating the judicial findings required for children in state custody by §§ 37-1-166 and 37-2-409 or as otherwise required by case law and federal regulations. [Deleted by 2016 amendment.] [Deleted by 2016 amendment.] Acts 1970, ch. 600, § 38; T.C.A., § 37-238; Acts 1989, ch. 278, § 40; 1995, ch. 532, § 12; 1996, ch. 1079, § 73; 2007, ch. 199, §§ 5-8; 2016, ch. 600, §§ 8-10; 2016, ch. 717, § 6. Amendments. The 2016 amendment by ch. 600, rewrote (b) which read: “(b) Except for an order terminating parental rights or an order of dismissal, an order of the court may also be changed, modified or vacated upon a finding of changed circumstances and that the change, modification or vacation is in the best interest of the child. 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.”; deleted “Pursuant to Rule 22 of the Tennessee Rules of Juvenile Procedure,” from the beginning of (c); and deleted former (d) and (e) which read, “(d) Any party to the proceeding, the probation officer or other person having supervision or legal custody of or an interest in the child may petition the court for the relief provided in this section. The petition shall set forth in concise language the grounds upon which the relief is requested.“(e) After the petition is filed, the court shall fix a time for hearing and cause notice to be served as a summons is served under § 37-1-123 on the parties to the proceeding or affected by the relief sought. After the hearing, which may be informal, the court shall deny or grant relief as the evidence warrants.” The 2016 amendment by ch. 717, purported to delete subsection (e); however, the change had been previously made by Acts 2016, ch. 600, effective July 1, 2016. Effective Dates. Acts 2016, ch. 600, § 17. July 1, 2016. Acts 2016, ch. 717, § 7. July 1, 2016. Cross-References. Termination of parental rights, §§ 36-1-113 , 37-1-147 . Rule Reference. This section is referred to the Advisory Commission Comments under Rule 34 of the Tennessee Rules of Juvenile Procedure. Law Reviews. The Tennessee Court System — Chancery Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 281 (1977). Attorney General Opinions. Juvenile court's authority to release delinquent child from DCS custody. OAG 10-20, 2010 Tenn. AG LEXIS 15 (2/23/10).