JuCR 7.14: MODIFICATION OF DISPOSITION ORDER

(a) Generally.

The procedure for seeking a modification of a disposition order is to file a motion in juvenile court. A disposition order may only be modified in accordance with RCW 13.40.190 and 13.40.200.

(b) Who May File Motion.

Any party may file a motion seeking modification of a disposition order. The court may, on its own motion, seek modification of a disposition order.

(c) Contents of Motion.

The motion shall state the reason for seeking modification and the nature of the modification sought.

(d) Preliminary Hearing if Juvenile Is in Detention.

If a juvenile alleged to have violated the terms of a disposition order is held in detention, a preliminary hearing shall be held in accordance with rule 7.3(c) or (d). Notice of the hearing shall be given in accordance with rule 11.2. At the hearing the court shall determine whether probable cause exists to believe the allegations in the motion, whether the petition is contested, and, in accordance with rule 7.4, whether continued detention is necessary. If the motion is contested and the allegation is not a juvenile offense and the juvenile is held in detention, the hearing on the motion shall be held within 7 days of the date of the preliminary hearing. If the motion is contested, and the allegation is a juvenile offense, and the juvenile is in detention, the hearing on the motion shall be held within 14 days of the date of the preliminary hearing. If the motion is uncontested, the court may proceed immediately with the hearing on the motion.

(e) Scheduling and Notice of Hearing.

The court shall schedule a hearing on the allegations in the motion with reasonable speed, except that when the juvenile is held in detention, the hearing shall be scheduled in accordance with section (d) of this rule. Notice of the hearing may be given in accordance with rule 11.2, or the court may issue a summons or a warrant pursuant to rule 7.5.

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