Section 12-15-74

Modification, extension or revocation of orders of custody, probationor protective supervision generally.

(a) At any time prior to expiration, an order vesting legal custodyor an order of probation or protective supervision made by the court in thecase of a child may be modified, revoked or extended on motion by:

(1) A child, whose legal custody has been transferred to a department,institution, agency or person, requesting the court for a modification ortermination of the order, alleging that he is no longer in need of commitment,probation or protective supervision and the department, institution, agencyor person has denied application for release of the child or has failed toact upon the application within a reasonable time; or

(2) A department, institution, agency or person vested with legalcustody or responsibility for probation or protective supervision, requestingthe court for an extension of the order on the grounds that such action isnecessary to safeguard the welfare of the child or the public interest.

(b) The court may dismiss the motions filed under subsection (a)of this section if, after preliminary investigation, it finds that they arewithout substance. If it is of the opinion that the order should be reviewed,it may, upon due notice to all necessary parties as prescribed by rules ofcourt, proceed to a hearing in the same manner and under the same safeguardsprovided for in this chapter for the issuance of the original order. It maythereupon terminate the order if it finds the child is no longer in need ofcare, supervision or rehabilitation or it may enter an order extending ormodifying the original order if it finds such action necessary to safeguard the child or the public interest.

(Acts 1975, No. 1205, p. 2384, §5-134.)