While a protective disposition is still running, who may have the court change its type and period, and on what finding?
General information · Not legal advice
Material to check
In the practice file we read the court's decision that ordered the protective disposition, which shows its type, its period and that it is still in progress, together with any written application by one of the listed officials or the head of an entrusted institution, or the record showing the court acted on its own motion.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading states the rule in full: while a protective disposition is in progress, and where the court finds it necessary, the court may, by a ruling and either on its own initiative or on the application of the prosecutor, a metropolitan mayor, a city, county or district mayor, a probation officer or the head of an entrusted institution, change the type and period of that disposition.
Another reading notes that the persons who may apply form a closed list, so the abuser, the victim child and the legal representative are not among them; equally, an application from a listed person does not itself bring about a change, since the court must first find it 'necessary'.
Your judgment
Where a listed person has applied, what in the file could show that the court itself found the change necessary, rather than the change simply following the application?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if an amendment widens or narrows the list of persons who may apply, or if a court decision sets out what the court's finding of necessity requires.