An order of the court shall be set aside if it is determined that:
Tenn. R. Juv. P. 310
Advisory Commission Comments.
T.C.A. §authorizes the modification of and relief from orders under certain circumstances. A motion is filed if relief is sought under subdivisions (a)(1) and (2) or (b). However, a petition is required if relief is sought because of changed circumstances under subdivision (a)(3).
The Commission anticipates that persons not a party to the original proceeding will request relief under this rule. In such cases, the motion should include a request to intervene as a party. In the event that the person is making new allegations that the child is dependent and neglected, the person should file a dependent and neglect petition under T.C.A. §§and 120, rather than a petition to modify.
Advisory Commission Comment [2018 Amendment]
The 2018 amendment modifies subsection (a)(1) by adding the last sentence, which was inadvertently deleted in the comprehensive revision of the Rules of Juvenile Procedure effective July 1, 2016. Reference should be made to Rule 24(e), Tennessee Rules of Appellate Procedure for certain procedures for correcting the record during the pendency of an appeal.