Section 15-11-40. (Effective until January 1, 2014) Modification or vacation of orders; revocation of probation; petition; hearing and notice

   (a) An order of the court shall be set aside if:

   (1) It appears that it was obtained by fraud or mistake sufficient therefor in a civil action;

   (2) The court lacked jurisdiction over a necessary party or of the subject matter; or

   (3) Newly discovered evidence so requires.

(b) An order of the court may also be changed, modified, or vacated on the ground that changed circumstances so require in the best interest of the child, except an order committing a delinquent child to the Department of Juvenile Justice, after the child has been transferred to the physical custody of the Department of Juvenile Justice, or an order of dismissal. An order granting probation to a child found to be delinquent or unruly may be revoked on the ground that the conditions of probation have not been observed.

(c) Any party to the proceeding, the probation officer, or any other person having supervision or legal custody of or an interest in the child may petition the court for the relief provided in this Code section. The petition shall set forth in clear and concise language the grounds upon which the relief is requested.

(d) After the petition is filed, the court shall fix a time for hearing and shall cause notice to be served, as a summons is served under Code Section 15-11-39.1, on the parties to the proceeding or those affected by the relief sought. After the hearing, which may be informal, the court shall deny or grant relief as the evidence warrants.

Ga. L. 1915, p. 35, § 27; Code 1933, § 24-2427; Ga. L. 1951, p. 291, § 22; Ga. L. 1956, p. 527, § 1; Ga. L. 1968, p. 1013, § 14; Code 1933, § 24A-2801, enacted by Ga. L. 1971, p. 709, § 1; Code 1981, § 15-11-42; Ga. L. 1992, p. 1983, § 15; Ga. L. 1997, p. 1453, § 1; Code 1981, § 15-11-40, as redesignated by Ga. L. 2000, p. 20, § 1.