sec.252Variations by consent

### sec.252 Variations by consent This section applies to a community based order, other than a conditional release order, that is in force for a child. The child or the chief executive may apply to the proper officer of the court that made the order to make stated amendments to the requirements of the order. The application must be accompanied by an affidavit deposing to the fact that the chief executive and the child consent to the proposed amendment of the order. If the application is made under this section, the proper officer must grant the application by amending the order and noting the amendments on the court’s record of the order. The following amendments may not be made under this section— an amendment of the requirement that the child abstain from violation of the law; for a community based order, other than a community service order or restorative justice order—an amendment of the period of the order; for a community service order—an amendment that— increases the number of community service hours; or lessens the period within which the community service is required to be performed; for a graffiti removal order—an amendment that— increases the number of graffiti removal service hours; or lessens the period within which the graffiti removal service is required to be performed; an amendment prohibited by the community based order. s 252 ins 2002 No. 39 s 98 amd 2012 No. 41 s 39 ; 2013 No. 31 s 92 ; 2016 No. 38 s 46 ; 2016 No. 39 s 29 (sec.252-ssec.1) This section applies to a community based order, other than a conditional release order, that is in force for a child. (sec.252-ssec.2) The child or the chief executive may apply to the proper officer of the court that made the order to make stated amendments to the requirements of the order. (sec.252-ssec.3) The application must be accompanied by an affidavit deposing to the fact that the chief executive and the child consent to the proposed amendment of the order. (sec.252-ssec.4) If the application is made under this section, the proper officer must grant the application by amending the order and noting the amendments on the court’s record of the order. (sec.252-ssec.5) The following amendments may not be made under this section— an amendment of the requirement that the child abstain from violation of the law; for a community based order, other than a community service order or restorative justice order—an amendment of the period of the order; for a community service order—an amendment that— increases the number of community service hours; or lessens the period within which the community service is required to be performed; for a graffiti removal order—an amendment that— increases the number of graffiti removal service hours; or lessens the period within which the graffiti removal service is required to be performed; an amendment prohibited by the community based order. - (a) an amendment of the requirement that the child abstain from violation of the law; - (b) for a community based order, other than a community service order or restorative justice order—an amendment of the period of the order; - (c) for a community service order—an amendment that— (i) increases the number of community service hours; or (ii) lessens the period within which the community service is required to be performed; - (i) increases the number of community service hours; or - (ii) lessens the period within which the community service is required to be performed; - (ca) for a graffiti removal order—an amendment that— (i) increases the number of graffiti removal service hours; or (ii) lessens the period within which the graffiti removal service is required to be performed; - (i) increases the number of graffiti removal service hours; or - (ii) lessens the period within which the graffiti removal service is required to be performed; - (d) an amendment prohibited by the community based order. - (i) increases the number of community service hours; or - (ii) lessens the period within which the community service is required to be performed; - (i) increases the number of graffiti removal service hours; or - (ii) lessens the period within which the graffiti removal service is required to be performed;