2022 Georgia Code
Title 15 - Courts
Chapter 11 - Juvenile Code
Article 1 - General Provisions
§ 15-11-32. Modification or Vacation of Orders; Retroactive Application

1. An order of the court shall be set aside if:
   1. It appears that it was obtained by fraud or mistake sufficient therefor in a civil action;
   2. The court lacked jurisdiction over a necessary party or the subject matter; or
   3. Newly discovered evidence so requires.
2. An order of the court may also be changed, modified, or vacated on the ground that changed circumstances so require in the best interests of a child except an order of dismissal following a contested adjudicatory hearing.
3. Except as otherwise provided in Code Section 15-11-602, an order committing a child to DJJ may only be modified after such child has been transferred to DJJ custody upon motion of DJJ.
4. An order of adjudication of delinquency by a court may be modified or vacated if the child was adjudicated for a delinquent act for a sexual crime as defined in Code Section 16-3-6 and such crime resulted from the child being:
   1. Trafficked for sexual servitude in violation of Code Section 16-5-46; or
   2. A victim of sexual exploitation as defined in Code Section 49-5-40.
5. Any party to the proceeding, the probation officer, or any other person having supervision or legal custody of or an interest in a child may petition the court for the relief provided in this Code section. Such petition shall set forth in clear and concise language the grounds upon which the relief is requested.
6. After a petition seeking relief under this Code section is filed, the court shall fix a time for hearing and shall cause notice to be served on the parties to the proceeding or those affected by the relief sought. After the hearing, the court shall deny or grant relief as the evidence warrants.
7. This Code section is intended to be retroactive and shall apply to any child who is under the jurisdiction of the court at the time of a hearing, regardless of the date of the original delinquency order.

History. Code 1981, § 15-11-32 , enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. sb0364, § 1-5/SB 364.

Cross references.

Post-disposition transfer of Juvenile Court cases for supervision, Uniform Rules for the Juvenile Courts of Georgia, Rule 5.3(c).

Modification or vacation of order, Uniform Rules for the Juvenile Courts of Georgia, Rule 16.1 et seq.

Administrative rules and regulations.

Admission by order of a juvenile court, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Human Services, Mental Health, Developmental Disabilities, and Addictive Diseases, Rule 290-4-7-.07.

Law reviews.

For article, “An Outline of Juvenile Court Jurisdiction with Focus on Child Custody,” see 10 Ga. St. B.J. 275 (1973).