Rule 35a-14A. Revocation of Commitment

Where a child or youth is committed to the custody of the Commissioner of the Department of Children and Families, the commissioner, a parent or the child's or youth's attorney may file a motion seeking revocation of commitment. The judicial authority may revoke commitment if a cause for commitment no longer exists and it is in the best interests of the child or youth. Whether to revoke the commitment is a dispositional question, based on the prior adjudication, and the judicial authority shall determine whether to revoke the commitment upon a fair preponderance of the evidence. The party seeking revocation of commitment has the burden of proof that no cause for commitment exists. If the burden is met, the party opposing the revocation has the burden of proof that revocation would not be in the best interests of the child or youth. If a motion for revocation is denied, a new motion shall not be filed by the movant until at least six months have elapsed from the date of the filing of the prior motion unless waived by the judicial authority.

Committee Notes

(Amended June 20, 2011, to take effect Jan. 1, 2012.) amended June 20, 2011, to take effect Jan. 1, 2012; amended