3-7-38 Disposition Orders - Modification or Extension

1. Following a modification hearing conducted upon its own motion or the motion of any party, the Children’s Court may modify or extend its disposition orders if the Children’s Court finds by clear and convincing evidence that such modification or extension is necessary to accomplish the purposes of the orders to be modified.
2. The modification hearing shall be held within ten (10) days of the filing of the motion for modification.
3. Where the modification hearing is to be held upon the motion of the Children’s Court, notice of the modification hearing shall be accompanied by a statement of the specific facts upon which the motion for modification is based.
4. In making the determination required by subsection (a), the Children’s Court may consider:
   1. the extent to which the Wakanyeja and the Wakanyeja parent, guardian or custodian have complied with any disposition orders previously entered by the Wakanyeja Court;
   2. evidence that the Wakanyeja has either maintained regular school attendance or continued to accumulate unexcused absences;
   3. changes in services or other recommendations relied upon by the Children’s Court in entering the orders to be modified; and
   4. any other material changes in the circumstances of the Wakanyeja or the Wakanyeja family, parent, guardian or custodian.
5. All modified disposition orders shall be subject to the requirements of RSTLOC 3-7-33(b) and 3-7-33(c).
6. An extension ordered in accordance with the provisions of this section shall not exceed three (3) months from the expiration of the prior order, not including summer vacation, and in no event shall the duration of a disposition order be extended:
   1. for longer than reasonably necessary to accomplish the purpose of the order; or
   2. past the date on which the Wakanyeja shall reach eighteen (18) years of age.