2005 Vermont Code - § 5532. — Modification or vacation of orders

§ 5532. Modification or vacation of orders

(a) An order of the court may be set aside by a subsequent order of that court or, upon appeal from a denial thereof by that court, by a court upon appeal therefrom, when it appears that the initial order was obtained by fraud or mistake sufficient therefor in a civil action, or that the court lacked jurisdiction over a necessary party or of the subject matter, or that newly discovered evidence so requires. An order of the court may also be amended, modified, set aside or terminated by that court at any time upon petition therefor by a party or on its own motion on the ground that changed circumstances so require in the best interests of the child. An order granting probation to a person found to be delinquent may be revoked and any other disposition made under the authority of this chapter on the ground that the conditions of probation have not been observed. A petition alleging a delinquent act may not be amended to allege that a child is in need of care or supervision and a child who has been adjudged a delinquent child as a result of a petition alleging delinquency may not be subsequently adjudged a child in need of care or supervision unless a separate petition alleging that the child is in need of care or supervision is filed.

(b) Any party to the proceedings, and any 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. Any order under this section shall be made after notice and hearing as in the case of a petition filed under section 5516 of this title, except that in such hearing under this section, all evidence helpful in determining the questions presented, including oral and written reports, may be admitted and relied upon to the extent of its probative value, even though not competent in a hearing on the petition. After such hearing, the court shall deny or grant such relief as the evidence may warrant, consistent with the provisions of this chapter. (1967, No. 304 (Adj. Sess.), § 29; amended 1969, No. 289 (Adj. Sess.), § 5; 1973, No. 246 (Adj. Sess.), § 16; 1981, No. 1 (Sp. Sess.), § 10, eff. July 17, 1981.)