Tenn. Code Ann. § 37-1-131 — TN Code / Title 37 / Chapter 1 / Section 37-1-131
Delinquent child - Disposition - Restitution
Status: in_force

(a) If the child is found to be a delinquent child, the court may make any of the following orders of disposition best suited to the child's treatment, rehabilitation and welfare: (1) Subject to conditions and limitations as the court prescribes, transfer temporary legal custody or grant permanent guardianship in accordance with part 8 of this chapter to any relative or other individual with a relationship with the child who is found by the court to be qualified to receive and care for the child, if the court finds that such a transfer or grant is in the best interest of the child; (2) (A) (i) Placing the child on probation under the supervision of the probation officer of the court or the department of children's services, any person, or persons or agencies designated by the court, or the court of another state as provided in § 37-1-143 , under conditions and limitations prescribed by the court in consultation with the supervising authority and consistent with a validated risk and needs assessment, which may include completion of substance abuse and mental health treatment services where appropriate; (ii) (a) A child may be placed on probation for a maximum period of six (6) months, subject to this subdivision (a)(2)(A)(ii). Before expiration of the first six-month period or any extension period thereafter, and after notice and a hearing, the court may extend probation for additional periods not to exceed six (6) months each, but only if the court finds and issues a written order that: (1) States that it is in the best interest of the child that a condition or conditions of probation remain in effect; and (2) Specifies the condition or conditions that shall remain in effect and why that continued effectiveness is in the best interest of the child; and (b) If the requirements of subdivision (a)(2)(A)(ii) (a) have been met, probation may continue only so long as it is in the best interest of the child that the condition or conditions of probation remain in effect; (iii) If the supervising authority finds the child has violated the conditions or limitations of probation, the supervising authority may file a petition alleging a violation of the conditions or limitations of probation with the court; provided, that the court, in its discretion, may direct the supervising authority that, in some or all circumstances, such a petition should be filed only if the supervising authority makes and documents attempts to address the noncompliant behavior and determines and documents the reasons for which court intervention is needed to address the noncompliance; (iv) If the court finds that no violation has occurred, the child shall be allowed to resume the former conditions of probation, or probation may be terminated; and (v) If in a subsequent proceeding, the court finds the child has violated any of the conditions or limitations of probation, the court may modify conditions consistent with the results of the previously administered validated risk and needs assessment, including ordering a transfer or grant pursuant to subdivision (a)(1). The court shall not order a child placed in the custody of the department for a violation of the conditions or limitations of probation unless: (a) The child is separately adjudicated dependent or neglected and placed pursuant to § 37-1-130 ; (b) The child is separately adjudicated delinquent and placed pursuant to this section for an eligible delinquent offense arising out of a subsequent criminal episode other than the offense for which the child has been placed on probation; or (c) (1) The court finds by clear and convincing evidence that the child is in imminent risk of danger to the child's health or safety and needs specific treatment or services that are available only if the child is placed in the custody of the department; and (2) A child placed in the custody of the department under this subdivision (a)(2)(A)(v) (c) shall remain in custody so long as necessary to complete the treatment or services, which shall be evidence-based and provided by a qualified provider, but shall remain in custody no longer than six (6) months; provided, that the court may order that the child remain in custody for up to an additional six (6) month period if the court finds after a hearing or stipulation that: (A) The child needs services or treatment that are available only if the child is in custody; and (B) The services or treatment the child needs are evidence-based and will be provided by a qualified provider; (B) The court shall make a finding that the child's school shall be notified, if: (i) The child has been adjudicated delinquent for any of the following offenses: (a) First degree murder, as defined in § 39-13-202 ; (b) Second degree murder, as defined in § 39-13-210 ; (c) Rape, as defined in § 39-13-503 ; (d) Aggravated rape, as defined in § 39-13-502 ; (e) Rape of a child, as defined in § 39-13-522 ; (f) Aggravated rape of a child, as defined in § 39-13-531 ; (g) Aggravated robbery, as defined in § 39-13-402 ; (h) Especially aggravated robbery, as defined in § 39-13-403 ; (i) Kidnapping, as defined in § 39-13-303 ; (j) Aggravated kidnapping, as defined in § 39-13-304 ; (k) Especially aggravated kidnapping, as defined in § 39-13-305 ; (l) Aggravated assault, as defined in § 39-13-102 ; (m) Felony reckless endangerment pursuant to § 39-13-103 ; (n) Aggravated sexual battery, as defined in § 39-13-504 ; (o) Voluntary manslaughter, as defined in § 39-13-211 ; (p) Criminally negligent homicide, as defined in § 39-13-212 ; (q) Sexual battery by an authority figure, as defined in § 39-13-527 ; (r) Statutory rape by an authority figure, as defined in § 39-13-532 ; (s) Prohibited weapon, as defined in § 39-17-1302 ; (t) Unlawful carrying or possession of a firearm, as defined in § 39-17-1307 ; (u) Carrying weapons on school property, as defined in § 39-17-1309 ; (v) Carrying weapons on public parks, playgrounds, civic centers, and other public recreational buildings and grounds, as defined in § 39-17-1311 ; (w) Handgun possession, as defined in § 39-17-1319 ; (x) Providing handguns to juveniles, as defined in § 39-17-1320 ; or (y) Any violation of § 39-17-417 that constitutes a Class A or Class B felony; and (ii) School attendance is a condition of probation, or if the child is to be placed in the custody of a state agency and is to be placed in school by a state agency or by a contractor of the state agency; (C) The court may make a finding that the child's school shall be notified based on the circumstances surrounding the offense if the adjudication of delinquency is for an offense not listed in this subsection (a); (D) The court shall then enter an order directing the youth service officer, probation officer, or the state agency, if the child has been committed to the custody of the state agency, to notify the school principal in writing of the nature of the offense and probation requirements, if any, related to school attendance, within five (5) days of the order or before the child resumes or begins school attendance, whichever occurs first. In individual cases when the court deems it appropriate, the court may also include in the order a requirement to notify county and municipal law enforcement agencies having jurisdiction over the school in which the child will be enrolled; (E) When the principal of a school is notified, the principal of the child's school, or the principal's designee, shall convene a meeting to develop a plan within five (5) days of the notification. Reasonable notice shall be given of the date and time of the meeting. The child, the department of children's services if the child is in state custody, the child's parent/guardian/legal caretaker if not in state custody, and other appropriate parties identified by the child, the department of children's services or parent/guardian/legal caretaker shall be invited to the meeting. The plan shall set out a list of goals to provide the child an opportunity to succeed in school and provide for school safety, a schedule for completion of the goals and the personnel who will be responsible for working with the child to complete the goals; (F) The information shall be shared only with the employees of the school having responsibility for classroom instruction of the child and the school counselor, social worker or psychologist who is involved in developing a plan for the child while in the school, and with the school resource officer, and any other person notified pursuant to this section. The information is otherwise confidential and shall not be shared by school personnel with any other person or agency, except as may otherwise be required by law. Notification in writing of the nature of the offense committed by the child and any probation requirements and the plan shall not become a part of the child's student record; (G) In no event shall a child be delayed from attending school for more than five (5) school days from the date of notice; (H) Notwithstanding any other state law to the contrary, the department of children's services shall develop a written policy consistent with federal law detailing the information to be shared by the department with the school for children in its legal custody when notification is required; (I) Upon the subsequent enrollment of any such student in any other LEA, the parents or custodians of the student, and the administrator of any school having previously received the same or similar notice pursuant to this section, shall notify the school in the manner specified in § 49-6-3051 ; (J) A violation of the confidentiality provisions of subdivision (a)(2)(F) is a Class C misdemeanor; (K) (i) If the court does not place the child in state custody, but orders the child to complete an inpatient mental health treatment program at a hospital or treatment resource as defined in § 33-1-101 , upon leaving that hospital or treatment resource, the principal of the child's school shall be notified and the principal of the child's school or the principal's designee shall convene a meeting to develop a transition plan within five (5) days of the notification. Reasonable notice shall be given of the date and time of the meeting. The child, child's parent/guardian/legal caretaker, other relevant service providers, and other appropriate parties identified by the child and parent/guardian/legal caretaker shall be invited to the meeting; (ii) If an information release is executed in compliance with § 33-3-109 that provides the principal or other designated school personnel access to certain information concerning the child, the principal or other designated school personnel may work with the child's mental health provider to develop this plan. The transition plan shall set out a list of goals to provide the child an opportunity to succeed in school and provide for school safety, a schedule for completion of the goals and the personnel who will be responsible for working with the child to complete the goals. The information shall be shared only with employees of the school having responsibility for classroom instruction of the child, but the information is otherwise confidential and shall not be shared by school personnel with any other person or agency, except as may be otherwise required by law. The notification in writing of the nature of the offense committed by the child, any probation requirements, and the transition plan developed pursuant to this subdivision (a)(2)(K)(ii) shall not become a part of the child's student record; (iii) In no event shall a child be delayed from attending school for more than five (5) school days; (iv) A violation of the confidentiality provisions of subdivision (a)(2)(K)(ii) is a Class C misdemeanor; (3) Placing the child in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority. The court may order the delinquent child to participate in programming at a nonresidential facility for delinquent children operated under the direction of the court or other local public authority after the period of detention. The court shall report each disposition of detention to the administrative office of the courts; (4) (A) Subject to the restrictions of § 37-1-129(c) and this subdivision (a)(4), commit the child to the department of children's services, which commitment shall not extend past the child's nineteenth birthday; (B) A child is eligible for commitment to the department only if: (i) The current offense for which the child has been adjudicated delinquent and is subject to disposition would constitute a felony if committed by an adult; (ii) (a) The current offense for which the child has been adjudicated delinquent and is subject to disposition would constitute a misdemeanor if committed by an adult; and (b) The child has previously been adjudicated delinquent for two (2) or more offenses arising from separate incidents that would constitute either a felony or misdemeanor if committed by an adult, including adjudications in other jurisdictions that, if committed in this jurisdiction, would constitute a felony or misdemeanor; or (iii) (a) The court finds by clear and convincing evidence that the child is in imminent risk of danger to the child's health or safety and needs specific treatment or services that are available only if the child is placed in the custody of the department; and (b) A child placed in the custody of the department under this subdivision (a)(4)(B)(iii) shall remain in custody so long as necessary to complete the treatment or services, which shall be evidence-based and provided by a qualified provider, but shall remain in custody no longer than six (6) months; provided, that the court may order that the child remain in custody for up to an additional six (6) month period if the court finds after a hearing or stipulation that: (1) The child needs treatment or services that are available only if the child is in custody; and (2) The treatment or services the child needs are evidence-based and will be provided by a qualified provider; (5) [Deleted by 2018 amendment.] (6) Committing the child to the custody of the county department of children's services in those counties having such a department, but only if the child is eligible for commitment to the department under subdivision (a)(4) and subject to the conditions applicable to department commitment under § 37-1-137 ; (7) (A) Ordering the child to perform community service work with such work being in compliance with federal and state child labor laws. For first-time delinquent acts involving alcohol or beer, in its order for community service work, the court may require the juvenile to spend a portion of such time in the emergency room of a hospital, only if, and to the extent, the hospital agrees with such action; (B) No charitable organization, municipality, county or political subdivision thereof utilizing juveniles performing community service work pursuant to this chapter shall be liable for any injury sustained by the juvenile or other person, proximately caused by the juvenile, while the juvenile is performing a work project for such organization or governmental entity, if the organization or governmental entity exercised due care in the supervision of the juvenile; (C) No charitable organization, municipality, county or political subdivision thereof, nor any employee or officer thereof, shall be liable to any person for any act of a juvenile while the juvenile is on a community work project for such organization or governmental entity, if the organization or governmental entity exercised due care in the supervision of the juvenile; (D) No charitable organization, municipality, county or political subdivision thereof, nor any employee or officer thereof, shall be liable to any juvenile or the juvenile's family for death or injuries received, proximately caused by the juvenile, while the juvenile is on a community work project for such organization or governmental entity, if the organization or governmental entity exercised due care in the supervision of the juvenile; (E) The authority and protection from liability provided by this section is supplemental and in addition to any other authority and protection provided by law; (F) The court shall not order a child placed in the custody of the department or otherwise remove the child from the child's home, including the home of a parent, guardian, or other legal custodian for any length of time, for failure to complete community service work or satisfy conditions associated with community service work as ordered by the court; and (8) (A) In lieu of committing a child to the custody of the department of children's services and subject to the requirements of subdivision (a)(8)(B), the court may order any of the following if the child is found to be a delinquent child: (i) Assign a long-term mentor to such child; or (ii) Require that the delinquent child or any of the child's family members receive counseling services from any counseling service provided through or approved by the juvenile court; (B) An order may be issued under subdivision (a)(8)(A) only if the funding necessary to implement such order is appropriated by the legislative body of the county in which the court is located or is provided by grants from public or private sources. (b) (1) (A) If the child is found to be delinquent, the court shall determine if any monetary damages actually resulted from the child's delinquent conduct. Upon a determination that monetary damages resulted from such conduct, the court shall order the child to make restitution for such damages unless the court further determines that the specific circumstances of the individual case render such restitution, or a specified portion thereof, inappropriate. The court shall identify whether a restorative justice program addressing loss resulting from a delinquent act is available and may be utilized appropriately in the place of financial restitution. Any financial obligations or restitution assessed against the child or the child's parents, legal custodians, or guardians shall be considered collectively with community service work to ensure that the order of disposition is reasonable and, where applicable, prioritizes restitution to the victim. In determining whether an order of disposition is reasonable, the court may consider whether the child and the child's parents, legal custodians, or guardians have the ability to complete the requirements of the order within six (6) months. (B) If the child is found to be delinquent for a second or subsequent delinquent act, the court may enter an order of restitution against the parent, legal custodian, or guardian who had custody of the child at the time of the act for the expenses incurred by any law enforcement agency in responding to and investigating the delinquent act. A restitution order entered under this subdivision (b)(1)(B) must be no less than two hundred fifty dollars ($250), if the act committed by the child would be a misdemeanor if committed by an adult, or no less than five hundred dollars ($500), if the act committed by the child would be a felony if committed by an adult. The restitution order entered under this subdivision (b)(1)(B) must not exceed one thousand dollars ($1,000). If the court finds that the child's parent, legal custodian, or guardian is indigent and waives restitution under this subdivision (b)(1)(B), then the court must order the child's parent, legal custodian, or guardian to perform community service work in lieu of the restitution. (2) (A) IF restitution is ordered pursuant to this subsection (b) in those cases where the court has made a finding that: (i) A specified amount is owed; (ii) Such amount is ordered to be paid pursuant to a specific payment schedule; and (iii) The total amount of such ordered restitution is not paid by the time the juvenile court determines that discharge of a case is appropriate or no longer has jurisdiction over the child; THEN, notwithstanding § 37-1-133(b) or any other law to the contrary, the recipient of such restitution may convert the unpaid balance of the restitution ordered by the court into a civil judgment in accordance with the procedure set out in this subsection (b). The payment of such civil judgment shall be at the same payment schedule as that as when the offender was a juvenile. (B) Under such judgment, payments shall be continued to be made under the specific payment schedule ordered by the juvenile court until the judgment has been satisfied. (3) The restitution recipient shall file a certified copy of the juvenile court's restitution order with any court having jurisdiction over the total amount of restitution ordered. (4) Upon receipt of such a restitution order, the court shall take proof as to the amount of ordered restitution actually paid. If the court finds that the amount of restitution actually paid is less than the total amount of restitution ordered by the juvenile court, it shall enter a judgment in favor of the restitution recipient and against the offender for the amount of the unpaid balance of such restitution. (5) A judgment entered pursuant to this subsection (b) shall remain in effect for a period of ten (10) years from the date of entry and shall be enforceable by the restitution recipient in the same manner and to the same extent as other civil judgments; however, such civil judgment shall not be referred to any collection service as defined by § 62-20-102 . (c) (1) This subsection (c) shall apply to a juvenile who is adjudicated delinquent, but not committed to the custody of the department of children's services, for an act that if committed by an adult would be one (1) or more of the following offenses: (A) First degree murder, as prohibited by § 39-13-202 ; (B) Second degree murder, as prohibited by § 39-13-210 ; (C) Voluntary manslaughter, as prohibited by § 39-13-211 ; (D) Criminally negligent homicide, as prohibited by § 39-13-212 ; (E) Rape, as prohibited by § 39-13-503 ; (F) Aggravated rape, as prohibited by § 39-13-502 ; (G) Rape of a child, as prohibited by § 39-13-522 ; (H) Aggravated rape of a child, as prohibited by § 39-13-531 ; (I) Aggravated robbery, as prohibited by § 39-13-402 ; (J) Especially aggravated robbery, as prohibited by § 39-13-403 ; (K) Kidnapping, as prohibited by § 39-13-303 ; (L) Aggravated kidnapping, as prohibited by § 39-13-304 ; (M) Especially aggravated kidnapping, as prohibited by § 39-13-305 ; (N) Aggravated assault, as prohibited by § 39-13-102 ; (O) Felony reckless endangerment, as prohibited by § 39-13-103 ; (P) Sexual battery, as prohibited by § 39-13-505 ; (Q) Aggravated sexual battery, as prohibited by § 39-13-504 ; or (R) Any other Class A or Class B felony. (2) If a court finds a juvenile to be delinquent as a result of an act listed in subdivision (c)(1), the court shall have broad discretion to issue orders and, in conjunction with representatives from the LEA, to change the educational assignment of the juvenile. The court shall involve representatives of the LEA, as necessary, to ascertain a proper educational assignment and the availability of secure educational facilities for the juvenile who, through actions of the court, is facing personal restrictions or being released with compulsory attendance in school as a condition of personal restriction or release. There shall be a presumption in favor of issuing a court order prohibiting the juvenile from attending the same educational placement as the victim. (3) The court shall have discretion to determine how best to restrict future contact of the defendant with the victim while the victim is at school or in other public settings. (4) When consulted by the court, the representatives of the LEA shall provide a list of alternatives to attendance at the school which is attended by the victim. This information shall include the availability of programs including another school assignment within the district, alternative school, virtual education, homebound instruction, adult education programs, and high school equivalency testing eligibility. (5) The school resource officer shall be authorized to assist school officials in the enforcement of orders issued by the court and shall be made fully aware of the confidential nature of any order and the student's educational assignment. (6) [Deleted by 2018 amendment.] (d) (1) Notwithstanding this section to the contrary, a juvenile who is adjudicated delinquent for conduct that, if committed by an adult, would constitute one (1) of the offenses set out in subdivision (d)(3) shall be committed to the department of children's services for a period of not less than one (1) year; provided, that for the offenses listed in subdivisions (d)(3)(D) and (E), a court may, upon a finding of good cause, order a commitment for a term of less than one (1) year or decline to order a commitment. (2) The commitment required by subdivision (d)(1) must be the least restrictive disposition permissible for an applicable juvenile, and nothing in this subsection (d) prohibits the court from: (A) Transferring a juvenile to whom this section applies to adult court to stand trial as an adult as provided in § 37-1-134 ; (B) Extending the term of commitment beyond the one-year minimum required by this subsection (d); or (C) Any other dispositional alternative more restrictive than this subsection (d). (3) The offenses to which this subsection (d) applies are: (A) First degree murder, as prohibited by § 39-13-202 ; (B) Second degree murder, as prohibited by § 39-13-210 ; (C) Voluntary manslaughter, as prohibited by § 39-13-211 ; (D) Criminally negligent homicide, as prohibited by § 39-13-212 ; and (E) Reckless homicide, as prohibited by § 39-13-215 . (e) (1) Notwithstanding this section to the contrary, a juvenile who is adjudicated delinquent for conduct that, if committed by an adult, would constitute one (1) of the offenses set out in subdivision (e)(3) may be committed to the department of children's services for a period of one (1) year. (2) This subsection (e) does not prohibit the court from: (A) Transferring a juvenile to whom this section applies to adult court to stand trial as an adult as provided in § 37-1-134 ; (B) Extending the term of commitment beyond one (1) year; or (C) Ordering any other dispositional alternative. (3) The offenses to which this subsection (e) applies are: (A) Rape, as prohibited by § 39-13-503 ; (B) Aggravated rape, as prohibited by § 39-13-502 ; (C) Rape of a child, as prohibited by § 39-13-522 ; and (D) Aggravated rape of a child, as prohibited by § 39-13-531 . (f) Notwithstanding this section to the contrary, the court shall prohibit a child who is adjudicated delinquent for conduct that, if committed by an adult, would constitute the offense of aggravated rape, under § 39-13-502 , rape, under § 39-13-503 , rape of a child, under § 39-13-522 , or aggravated rape of a child, under § 39-13-531 , from accepting employment or volunteering in any capacity that the child knows or reasonably should know will cause the child to be in close and frequent contact with a minor until the child reaches eighteen (18) years of age. This subsection (f) does not prohibit the child from accepting employment or volunteering in a position that involves incidental contact with minors. Notwithstanding this section to the contrary, the prohibition required by this subsection (f) must remain in effect until the child attains eighteen (18) years of age, regardless of the other terms of the child's disposition. (g) (1) The court shall classify a child fourteen (14) years of age or older as a serious youthful offender if: (A) The child is adjudicated delinquent for an offense listed in subdivision (g)(2)(A) or (g)(2)(B), or an attempt to commit an offense listed in subdivision (g)(2)(A) or (g)(2)(B); (B) The child is adjudicated delinquent for an offense listed in subdivisions (g)(2)(C)-(P) and the child has a prior adjudication of delinquency for any offense listed in subdivision (g)(2); or (C) The child has been adjudicated delinquent for an offense listed in subdivisions (g)(2)(C)-(P) and the district attorney general has asked the court to classify the child as a serious youthful offender. (2) This subsection (g) applies to delinquent acts committed by a child that, if committed by an adult, would constitute: (A) First degree murder, as defined in § 39-13-202 , if the child was fourteen (14) years of age or older but less than sixteen (16) years of age at the time of the commission of the offense; (B) Second degree murder, as defined in § 39-13-210 , if the child was fourteen (14) years of age or older but less than sixteen (16) years of age at the time of the commission of the offense; (C) Rape, as defined in § 39-13-503 ; (D) Aggravated rape, as defined in § 39-13-502 ; (E) Rape of a child, as defined in § 39-13-522 ; (F) Aggravated rape of a child, as defined in § 39-13-531 ; (G) Aggravated robbery, as defined in § 39-13-402 ; (H) Especially aggravated robbery, as defined in § 39-13-403 ; (I) Especially aggravated burglary, as defined in § 39-13-1004 ; (J) Aggravated kidnapping, as defined in § 39-13-304 ; (K) Especially aggravated kidnapping, as defined in § 39-13-305 ; (L) Commission of an act of terrorism, as defined in § 39-13-805 ; (M) Carjacking, as defined in § 39-13-404 ; (N) Aggravated child abuse or aggravated child neglect or endangerment, as defined in § 39-15-402 ; (O) Any other Class A or Class B felony offense involving the use of a deadly weapon during the commission of the offense; or (P) Criminal attempt, under § 39-12-101 , to commit any Class A felony offense listed in this subdivision (g)(2). (3) The court may impose any of the dispositions set forth in subsection (a), or a combination of any such dispositions, upon a juvenile classified as a serious youthful offender; provided, that notwithstanding another law to the contrary, the disposition must be for a fixed period of time that does not end before the serious youthful offender's nineteenth birthday. If the court commits the serious youthful offender to the custody of the department, then the time credits set forth in § 37-1-137(h) must not apply to shorten the time of a serious youthful offender's disposition imposed pursuant to this subdivision (g)(3). (4) In addition to the disposition imposed pursuant to subdivision (g)(3), the court shall impose an additional disposition to be served after the serious youthful offender turns nineteen (19) years of age, and which ends on or before the offender's twenty-fourth birthday. Notwithstanding § 40-35-303 , the additional disposition may include probation. The minimum additional disposition beyond the serious youthful offender's nineteenth birthday must be: (A) Four (4) years if the juvenile is adjudicated delinquent for an act that would be a Class A felony if committed by an adult; or (B) Three (3) years if the juvenile is adjudicated delinquent for an act that would be a Class B felony if committed by an adult. (5) (A) The court must stay the additional disposition imposed pursuant to subdivision (g)(4). (B) The court shall conduct a hearing within four (4) months of the serious youthful offender's nineteenth birthday to review the offender's circumstances and determine whether the stayed additional disposition should be invoked. The court shall consider whether the serious youthful offender has: (i) Committed another delinquent act; (ii) Engaged in other conduct that creates a substantial safety risk; (iii) Failed to meet the conditions of supervision during the determinate disposition prior to the hearing; (iv) Failed to: (a) Attend school regularly with passing grades, unless prevented by illness; (b) Graduate from high school; (c) Obtain a high school equivalency credential approved by the state board of education; or (d) Regularly attend a Tennessee college of applied technology with passing grades; or (v) Failed to obtain regular employment or enroll in an institution of higher education, if the offender has graduated from high school or obtained a high school equivalency credential approved by the state board of education. (C) If the court finds any three (3) of the circumstances set forth in subdivision (g)(5)(B)(i)-(v), then the court shall revoke the stay and invoke the additional disposition. (6) (A) If the court revokes the stay, then the court may order the serious youthful offender to serve the additional disposition as originally imposed or the court may modify the length of the additional disposition, subject to the minimum requirements set forth in subdivision (g)(4); and (B) If the court imposes an additional disposition beyond a serious youthful offender's nineteenth birthday, then the court shall enter an order on or before the offender's nineteenth birthday committing the offender to the supervision of the department of correction to serve the additional sentence imposed by the juvenile court. Under no circumstances shall the serious youthful offender remain in the custody of the department of children's services beyond the offender's nineteenth birthday. (7) If the court determines that the additional disposition should not be invoked, then the juvenile court shall enter an order terminating supervision as of the serious youthful offender's nineteenth birthday. (8) The court shall make or cause to be made an audio recording of a dispositional hearing conducted pursuant to subdivisions (g)(1)-(4) or a disposition review hearing conducted pursuant to subdivisions (g)(5)-(7). The recording must include all proceedings in open court and such other proceedings as the judge may direct and must be preserved as part of the record of the hearing. (9) A serious youthful offender supervised in a secure facility must be housed separate and removed from the general population. In determining the secure facility location of the serious youthful offender, the commissioner of correction shall take into consideration the proximity of the facility to the offender's home. (10) During the time of any disposition served after the serious youthful offender's nineteenth birthday, the juvenile court has the same powers as a trial court, including, but not limited to, the authority to preside over probation revocation proceedings pursuant to § 40-35-311 . If the offender is found to have violated the conditions of probation or committed a new offense, then the juvenile court may impose any consequences that may be imposed on an adult offender serving a period of probation, and the court is not limited to the disposition authorized in this section. Amended by 2024 Tenn. Acts, ch. 1007,s 6, eff. 1/1/2025, app. to all costs submitted for reimbursement on or after July 1, 2011. Amended by 2024 Tenn. Acts, ch. 943,s 2, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 436, s 2, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 319, s 1, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 105, Secs.s 2, s 2 eff. 4/7/2021. Amended by 2019 Tenn. Acts, ch. 510, s 6, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 313, s 1, eff. 5/8/2019. Amended by 2016 Tenn. Acts, ch. 600, s 7, eff. 7/1/2016. Amended by 2014 Tenn. Acts, ch. 757, s 1, eff. 4/24/2014. Amended by 2013 Tenn. Acts, ch. 343, s 1, eff. 7/1/2013. Acts 1970, ch. 600, § 31; 1979, ch. 143, § 10; 1983, ch. 9, § 2; T.C.A., § 37-231; Acts 1985, ch. 374, §§ 1-3; 1985, ch. 441, § 2; 1989, ch. 278, § 38; 1993, ch. 276, § 2; 1995, ch. 380, § 1; 1996, ch. 815, § 1; 1996, ch. 982, § 1; 1996, ch. 1079, §§ 73, 74, 92, 93; 1997 , ch. 500, § 1; 1997 , ch. 525, § 1; 2003 , ch. 238, § 5; 2005, ch. 57, § 1; 2005, ch. 265, § 1; 2007 , ch. 200, § 1; 2007 , ch. 314, § 1; 2008 , ch. 1052, §§ 1-3; 2009 , ch. 160, § 1.
(a) If the child is found to be a delinquent child, the court may make any of the following orders of disposition best suited to the child's treatment, rehabilitation and welfare: (1) Subject to conditions and limitations as the court prescribes, transfer temporary legal custody or grant permanent guardianship in accordance with part 8 of this chapter to any relative or other individual with a relationship with the child who is found by the court to be qualified to receive and care for the child, if the court finds that such a transfer or grant is in the best interest of the child; (2) (A) (i) Placing the child on probation under the supervision of the probation officer of the court or the department of children's services, any person, or persons or agencies designated by the court, or the court of another state as provided in § 37-1-143 , under conditions and limitations prescribed by the court in consultation with the supervising authority and consistent with a validated risk and needs assessment, which may include completion of substance abuse and mental health treatment services where appropriate; (ii) (a) A child may be placed on probation for a maximum period of six (6) months, subject to this subdivision (a)(2)(A)(ii). Before expiration of the first six-month period or any extension period thereafter, and after notice and a hearing, the court may extend probation for additional periods not to exceed six (6) months each, but only if the court finds and issues a written order that: (1) States that it is in the best interest of the child that a condition or conditions of probation remain in effect; and (2) Specifies the condition or conditions that shall remain in effect and why that continued effectiveness is in the best interest of the child; and (b) If the requirements of subdivision (a)(2)(A)(ii) (a) have been met, probation may continue only so long as it is in the best interest of the child that the condition or conditions of probation remain in effect; (iii) If the supervising authority finds the child has violated the conditions or limitations of probation, the supervising authority may file a petition alleging a violation of the conditions or limitations of probation with the court; provided, that the court, in its discretion, may direct the supervising authority that, in some or all circumstances, such a petition should be filed only if the supervising authority makes and documents attempts to address the noncompliant behavior and determines and documents the reasons for which court intervention is needed to address the noncompliance; (iv) If the court finds that no violation has occurred, the child shall be allowed to resume the former conditions of probation, or probation may be terminated; and (v) If in a subsequent proceeding, the court finds the child has violated any of the conditions or limitations of probation, the court may modify conditions consistent with the results of the previously administered validated risk and needs assessment, including ordering a transfer or grant pursuant to subdivision (a)(1). The court shall not order a child placed in the custody of the department for a violation of the conditions or limitations of probation unless: (a) The child is separately adjudicated dependent or neglected and placed pursuant to § 37-1-130 ; (b) The child is separately adjudicated delinquent and placed pursuant to this section for an eligible delinquent offense arising out of a subsequent criminal episode other than the offense for which the child has been placed on probation; or (c) (1) The court finds by clear and convincing evidence that the child is in imminent risk of danger to the child's health or safety and needs specific treatment or services that are available only if the child is placed in the custody of the department; and (2) A child placed in the custody of the department under this subdivision (a)(2)(A)(v) (c) shall remain in custody so long as necessary to complete the treatment or services, which shall be evidence-based and provided by a qualified provider, but shall remain in custody no longer than six (6) months; provided, that the court may order that the child remain in custody for up to an additional six (6) month period if the court finds after a hearing or stipulation that: (A) The child needs services or treatment that are available only if the child is in custody; and (B) The services or treatment the child needs are evidence-based and will be provided by a qualified provider; (B) The court shall make a finding that the child's school shall be notified, if: (i) The child has been adjudicated delinquent for any of the following offenses: (a) First degree murder, as defined in § 39-13-202 ; (b) Second degree murder, as defined in § 39-13-210 ; (c) Rape, as defined in § 39-13-503 ; (d) Aggravated rape, as defined in § 39-13-502 ; (e) Rape of a child, as defined in § 39-13-522 ; (f) Aggravated rape of a child, as defined in § 39-13-531 ; (g) Aggravated robbery, as defined in § 39-13-402 ; (h) Especially aggravated robbery, as defined in § 39-13-403 ; (i) Kidnapping, as defined in § 39-13-303 ; (j) Aggravated kidnapping, as defined in § 39-13-304 ; (k) Especially aggravated kidnapping, as defined in § 39-13-305 ; (l) Aggravated assault, as defined in § 39-13-102 ; (m) Felony reckless endangerment pursuant to § 39-13-103 ; (n) Aggravated sexual battery, as defined in § 39-13-504 ; (o) Voluntary manslaughter, as defined in § 39-13-211 ; (p) Criminally negligent homicide, as defined in § 39-13-212 ; (q) Sexual battery by an authority figure, as defined in § 39-13-527 ; (r) Statutory rape by an authority figure, as defined in § 39-13-532 ; (s) Prohibited weapon, as defined in § 39-17-1302 ; (t) Unlawful carrying or possession of a firearm, as defined in § 39-17-1307 ; (u) Carrying weapons on school property, as defined in § 39-17-1309 ; (v) Carrying weapons on public parks, playgrounds, civic centers, and other public recreational buildings and grounds, as defined in § 39-17-1311 ; (w) Handgun possession, as defined in § 39-17-1319 ; (x) Providing handguns to juveniles, as defined in § 39-17-1320 ; or (y) Any violation of § 39-17-417 that constitutes a Class A or Class B felony; and (ii) School attendance is a condition of probation, or if the child is to be placed in the custody of a state agency and is to be placed in school by a state agency or by a contractor of the state agency; (C) The court may make a finding that the child's school shall be notified based on the circumstances surrounding the offense if the adjudication of delinquency is for an offense not listed in this subsection (a); (D) The court shall then enter an order directing the youth service officer, probation officer, or the state agency, if the child has been committed to the custody of the state agency, to notify the school principal in writing of the nature of the offense and probation requirements, if any, related to school attendance, within five (5) days of the order or before the child resumes or begins school attendance, whichever occurs first. In individual cases when the court deems it appropriate, the court may also include in the order a requirement to notify county and municipal law enforcement agencies having jurisdiction over the school in which the child will be enrolled; (E) When the principal of a school is notified, the principal of the child's school, or the principal's designee, shall convene a meeting to develop a plan within five (5) days of the notification. Reasonable notice shall be given of the date and time of the meeting. The child, the department of children's services if the child is in state custody, the child's parent/guardian/legal caretaker if not in state custody, and other appropriate parties identified by the child, the department of children's services or parent/guardian/legal caretaker shall be invited to the meeting. The plan shall set out a list of goals to provide the child an opportunity to succeed in school and provide for school safety, a schedule for completion of the goals and the personnel who will be responsible for working with the child to complete the goals; (F) The information shall be shared only with the employees of the school having responsibility for classroom instruction of the child and the school counselor, social worker or psychologist who is involved in developing a plan for the child while in the school, and with the school resource officer, and any other person notified pursuant to this section. The information is otherwise confidential and shall not be shared by school personnel with any other person or agency, except as may otherwise be required by law. Notification in writing of the nature of the offense committed by the child and any probation requirements and the plan shall not become a part of the child's student record; (G) In no event shall a child be delayed from attending school for more than five (5) school days from the date of notice; (H) Notwithstanding any other state law to the contrary, the department of children's services shall develop a written policy consistent with federal law detailing the information to be shared by the department with the school for children in its legal custody when notification is required; (I) Upon the subsequent enrollment of any such student in any other LEA, the parents or custodians of the student, and the administrator of any school having previously received the same or similar notice pursuant to this section, shall notify the school in the manner specified in § 49-6-3051 ; (J) A violation of the confidentiality provisions of subdivision (a)(2)(F) is a Class C misdemeanor; (K) (i) If the court does not place the child in state custody, but orders the child to complete an inpatient mental health treatment program at a hospital or treatment resource as defined in § 33-1-101 , upon leaving that hospital or treatment resource, the principal of the child's school shall be notified and the principal of the child's school or the principal's designee shall convene a meeting to develop a transition plan within five (5) days of the notification. Reasonable notice shall be given of the date and time of the meeting. The child, child's parent/guardian/legal caretaker, other relevant service providers, and other appropriate parties identified by the child and parent/guardian/legal caretaker shall be invited to the meeting; (ii) If an information release is executed in compliance with § 33-3-109 that provides the principal or other designated school personnel access to certain information concerning the child, the principal or other designated school personnel may work with the child's mental health provider to develop this plan. The transition plan shall set out a list of goals to provide the child an opportunity to succeed in school and provide for school safety, a schedule for completion of the goals and the personnel who will be responsible for working with the child to complete the goals. The information shall be shared only with employees of the school having responsibility for classroom instruction of the child, but the information is otherwise confidential and shall not be shared by school personnel with any other person or agency, except as may be otherwise required by law. The notification in writing of the nature of the offense committed by the child, any probation requirements, and the transition plan developed pursuant to this subdivision (a)(2)(K)(ii) shall not become a part of the child's student record; (iii) In no event shall a child be delayed from attending school for more than five (5) school days; (iv) A violation of the confidentiality provisions of subdivision (a)(2)(K)(ii) is a Class C misdemeanor; (3) Placing the child in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority. The court may order the delinquent child to participate in programming at a nonresidential facility for delinquent children operated under the direction of the court or other local public authority after the period of detention. The court shall report each disposition of detention to the administrative office of the courts; (4) (A) Subject to the restrictions of § 37-1-129(c) and this subdivision (a)(4), commit the child to the department of children's services, which commitment shall not extend past the child's nineteenth birthday; (B) A child is eligible for commitment to the department only if: (i) The current offense for which the child has been adjudicated delinquent and is subject to disposition would constitute a felony if committed by an adult; (ii) (a) The current offense for which the child has been adjudicated delinquent and is subject to disposition would constitute a misdemeanor if committed by an adult; and (b) The child has previously been adjudicated delinquent for two (2) or more offenses arising from separate incidents that would constitute either a felony or misdemeanor if committed by an adult, including adjudications in other jurisdictions that, if committed in this jurisdiction, would constitute a felony or misdemeanor; or (iii) (a) The court finds by clear and convincing evidence that the child is in imminent risk of danger to the child's health or safety and needs specific treatment or services that are available only if the child is placed in the custody of the department; and (b) A child placed in the custody of the department under this subdivision (a)(4)(B)(iii) shall remain in custody so long as necessary to complete the treatment or services, which shall be evidence-based and provided by a qualified provider, but shall remain in custody no longer than six (6) months; provided, that the court may order that the child remain in custody for up to an additional six (6) month period if the court finds after a hearing or stipulation that: (1) The child needs treatment or services that are available only if the child is in custody; and (2) The treatment or services the child needs are evidence-based and will be provided by a qualified provider; (5) [Deleted by 2018 amendment.] (6) Committing the child to the custody of the county department of children's services in those counties having such a department, but only if the child is eligible for commitment to the department under subdivision (a)(4) and subject to the conditions applicable to department commitment under § 37-1-137 ; (7) (A) Ordering the child to perform community service work with such work being in compliance with federal and state child labor laws. For first-time delinquent acts involving alcohol or beer, in its order for community service work, the court may require the juvenile to spend a portion of such time in the emergency room of a hospital, only if, and to the extent, the hospital agrees with such action; (B) No charitable organization, municipality, county or political subdivision thereof utilizing juveniles performing community service work pursuant to this chapter shall be liable for any injury sustained by the juvenile or other person, proximately caused by the juvenile, while the juvenile is performing a work project for such organization or governmental entity, if the organization or governmental entity exercised due care in the supervision of the juvenile; (C) No charitable organization, municipality, county or political subdivision thereof, nor any employee or officer thereof, shall be liable to any person for any act of a juvenile while the juvenile is on a community work project for such organization or governmental entity, if the organization or governmental entity exercised due care in the supervision of the juvenile; (D) No charitable organization, municipality, county or political subdivision thereof, nor any employee or officer thereof, shall be liable to any juvenile or the juvenile's family for death or injuries received, proximately caused by the juvenile, while the juvenile is on a community work project for such organization or governmental entity, if the organization or governmental entity exercised due care in the supervision of the juvenile; (E) The authority and protection from liability provided by this section is supplemental and in addition to any other authority and protection provided by law; (F) The court shall not order a child placed in the custody of the department or otherwise remove the child from the child's home, including the home of a parent, guardian, or other legal custodian for any length of time, for failure to complete community service work or satisfy conditions associated with community service work as ordered by the court; and (8) (A) In lieu of committing a child to the custody of the department of children's services and subject to the requirements of subdivision (a)(8)(B), the court may order any of the following if the child is found to be a delinquent child: (i) Assign a long-term mentor to such child; or (ii) Require that the delinquent child or any of the child's family members receive counseling services from any counseling service provided through or approved by the juvenile court; (B) An order may be issued under subdivision (a)(8)(A) only if the funding necessary to implement such order is appropriated by the legislative body of the county in which the court is located or is provided by grants from public or private sources.
(1) Subject to conditions and limitations as the court prescribes, transfer temporary legal custody or grant permanent guardianship in accordance with part 8 of this chapter to any relative or other individual with a relationship with the child who is found by the court to be qualified to receive and care for the child, if the court finds that such a transfer or grant is in the best interest of the child;
(2) (A) (i) Placing the child on probation under the supervision of the probation officer of the court or the department of children's services, any person, or persons or agencies designated by the court, or the court of another state as provided in § 37-1-143 , under conditions and limitations prescribed by the court in consultation with the supervising authority and consistent with a validated risk and needs assessment, which may include completion of substance abuse and mental health treatment services where appropriate; (ii) (a) A child may be placed on probation for a maximum period of six (6) months, subject to this subdivision (a)(2)(A)(ii). Before expiration of the first six-month period or any extension period thereafter, and after notice and a hearing, the court may extend probation for additional periods not to exceed six (6) months each, but only if the court finds and issues a written order that: (1) States that it is in the best interest of the child that a condition or conditions of probation remain in effect; and (2) Specifies the condition or conditions that shall remain in effect and why that continued effectiveness is in the best interest of the child; and (b) If the requirements of subdivision (a)(2)(A)(ii) (a) have been met, probation may continue only so long as it is in the best interest of the child that the condition or conditions of probation remain in effect; (iii) If the supervising authority finds the child has violated the conditions or limitations of probation, the supervising authority may file a petition alleging a violation of the conditions or limitations of probation with the court; provided, that the court, in its discretion, may direct the supervising authority that, in some or all circumstances, such a petition should be filed only if the supervising authority makes and documents attempts to address the noncompliant behavior and determines and documents the reasons for which court intervention is needed to address the noncompliance; (iv) If the court finds that no violation has occurred, the child shall be allowed to resume the former conditions of probation, or probation may be terminated; and (v) If in a subsequent proceeding, the court finds the child has violated any of the conditions or limitations of probation, the court may modify conditions consistent with the results of the previously administered validated risk and needs assessment, including ordering a transfer or grant pursuant to subdivision (a)(1). The court shall not order a child placed in the custody of the department for a violation of the conditions or limitations of probation unless: (a) The child is separately adjudicated dependent or neglected and placed pursuant to § 37-1-130 ; (b) The child is separately adjudicated delinquent and placed pursuant to this section for an eligible delinquent offense arising out of a subsequent criminal episode other than the offense for which the child has been placed on probation; or (c) (1) The court finds by clear and convincing evidence that the child is in imminent risk of danger to the child's health or safety and needs specific treatment or services that are available only if the child is placed in the custody of the department; and (2) A child placed in the custody of the department under this subdivision (a)(2)(A)(v) (c) shall remain in custody so long as necessary to complete the treatment or services, which shall be evidence-based and provided by a qualified provider, but shall remain in custody no longer than six (6) months; provided, that the court may order that the child remain in custody for up to an additional six (6) month period if the court finds after a hearing or stipulation that: (A) The child needs services or treatment that are available only if the child is in custody; and (B) The services or treatment the child needs are evidence-based and will be provided by a qualified provider; (B) The court shall make a finding that the child's school shall be notified, if: (i) The child has been adjudicated delinquent for any of the following offenses: (a) First degree murder, as defined in § 39-13-202 ; (b) Second degree murder, as defined in § 39-13-210 ; (c) Rape, as defined in § 39-13-503 ; (d) Aggravated rape, as defined in § 39-13-502 ; (e) Rape of a child, as defined in § 39-13-522 ; (f) Aggravated rape of a child, as defined in § 39-13-531 ; (g) Aggravated robbery, as defined in § 39-13-402 ; (h) Especially aggravated robbery, as defined in § 39-13-403 ; (i) Kidnapping, as defined in § 39-13-303 ; (j) Aggravated kidnapping, as defined in § 39-13-304 ; (k) Especially aggravated kidnapping, as defined in § 39-13-305 ; (l) Aggravated assault, as defined in § 39-13-102 ; (m) Felony reckless endangerment pursuant to § 39-13-103 ; (n) Aggravated sexual battery, as defined in § 39-13-504 ; (o) Voluntary manslaughter, as defined in § 39-13-211 ; (p) Criminally negligent homicide, as defined in § 39-13-212 ; (q) Sexual battery by an authority figure, as defined in § 39-13-527 ; (r) Statutory rape by an authority figure, as defined in § 39-13-532 ; (s) Prohibited weapon, as defined in § 39-17-1302 ; (t) Unlawful carrying or possession of a firearm, as defined in § 39-17-1307 ; (u) Carrying weapons on school property, as defined in § 39-17-1309 ; (v) Carrying weapons on public parks, playgrounds, civic centers, and other public recreational buildings and grounds, as defined in § 39-17-1311 ; (w) Handgun possession, as defined in § 39-17-1319 ; (x) Providing handguns to juveniles, as defined in § 39-17-1320 ; or (y) Any violation of § 39-17-417 that constitutes a Class A or Class B felony; and (ii) School attendance is a condition of probation, or if the child is to be placed in the custody of a state agency and is to be placed in school by a state agency or by a contractor of the state agency; (C) The court may make a finding that the child's school shall be notified based on the circumstances surrounding the offense if the adjudication of delinquency is for an offense not listed in this subsection (a); (D) The court shall then enter an order directing the youth service officer, probation officer, or the state agency, if the child has been committed to the custody of the state agency, to notify the school principal in writing of the nature of the offense and probation requirements, if any, related to school attendance, within five (5) days of the order or before the child resumes or begins school attendance, whichever occurs first. In individual cases when the court deems it appropriate, the court may also include in the order a requirement to notify county and municipal law enforcement agencies having jurisdiction over the school in which the child will be enrolled; (E) When the principal of a school is notified, the principal of the child's school, or the principal's designee, shall convene a meeting to develop a plan within five (5) days of the notification. Reasonable notice shall be given of the date and time of the meeting. The child, the department of children's services if the child is in state custody, the child's parent/guardian/legal caretaker if not in state custody, and other appropriate parties identified by the child, the department of children's services or parent/guardian/legal caretaker shall be invited to the meeting. The plan shall set out a list of goals to provide the child an opportunity to succeed in school and provide for school safety, a schedule for completion of the goals and the personnel who will be responsible for working with the child to complete the goals; (F) The information shall be shared only with the employees of the school having responsibility for classroom instruction of the child and the school counselor, social worker or psychologist who is involved in developing a plan for the child while in the school, and with the school resource officer, and any other person notified pursuant to this section. The information is otherwise confidential and shall not be shared by school personnel with any other person or agency, except as may otherwise be required by law. Notification in writing of the nature of the offense committed by the child and any probation requirements and the plan shall not become a part of the child's student record; (G) In no event shall a child be delayed from attending school for more than five (5) school days from the date of notice; (H) Notwithstanding any other state law to the contrary, the department of children's services shall develop a written policy consistent with federal law detailing the information to be shared by the department with the school for children in its legal custody when notification is required; (I) Upon the subsequent enrollment of any such student in any other LEA, the parents or custodians of the student, and the administrator of any school having previously received the same or similar notice pursuant to this section, shall notify the school in the manner specified in § 49-6-3051 ; (J) A violation of the confidentiality provisions of subdivision (a)(2)(F) is a Class C misdemeanor; (K) (i) If the court does not place the child in state custody, but orders the child to complete an inpatient mental health treatment program at a hospital or treatment resource as defined in § 33-1-101 , upon leaving that hospital or treatment resource, the principal of the child's school shall be notified and the principal of the child's school or the principal's designee shall convene a meeting to develop a transition plan within five (5) days of the notification. Reasonable notice shall be given of the date and time of the meeting. The child, child's parent/guardian/legal caretaker, other relevant service providers, and other appropriate parties identified by the child and parent/guardian/legal caretaker shall be invited to the meeting; (ii) If an information release is executed in compliance with § 33-3-109 that provides the principal or other designated school personnel access to certain information concerning the child, the principal or other designated school personnel may work with the child's mental health provider to develop this plan. The transition plan shall set out a list of goals to provide the child an opportunity to succeed in school and provide for school safety, a schedule for completion of the goals and the personnel who will be responsible for working with the child to complete the goals. The information shall be shared only with employees of the school having responsibility for classroom instruction of the child, but the information is otherwise confidential and shall not be shared by school personnel with any other person or agency, except as may be otherwise required by law. The notification in writing of the nature of the offense committed by the child, any probation requirements, and the transition plan developed pursuant to this subdivision (a)(2)(K)(ii) shall not become a part of the child's student record; (iii) In no event shall a child be delayed from attending school for more than five (5) school days; (iv) A violation of the confidentiality provisions of subdivision (a)(2)(K)(ii) is a Class C misdemeanor;
(A) (i) Placing the child on probation under the supervision of the probation officer of the court or the department of children's services, any person, or persons or agencies designated by the court, or the court of another state as provided in § 37-1-143 , under conditions and limitations prescribed by the court in consultation with the supervising authority and consistent with a validated risk and needs assessment, which may include completion of substance abuse and mental health treatment services where appropriate; (ii) (a) A child may be placed on probation for a maximum period of six (6) months, subject to this subdivision (a)(2)(A)(ii). Before expiration of the first six-month period or any extension period thereafter, and after notice and a hearing, the court may extend probation for additional periods not to exceed six (6) months each, but only if the court finds and issues a written order that: (1) States that it is in the best interest of the child that a condition or conditions of probation remain in effect; and (2) Specifies the condition or conditions that shall remain in effect and why that continued effectiveness is in the best interest of the child; and (b) If the requirements of subdivision (a)(2)(A)(ii) (a) have been met, probation may continue only so long as it is in the best interest of the child that the condition or conditions of probation remain in effect; (iii) If the supervising authority finds the child has violated the conditions or limitations of probation, the supervising authority may file a petition alleging a violation of the conditions or limitations of probation with the court; provided, that the court, in its discretion, may direct the supervising authority that, in some or all circumstances, such a petition should be filed only if the supervising authority makes and documents attempts to address the noncompliant behavior and determines and documents the reasons for which court intervention is needed to address the noncompliance; (iv) If the court finds that no violation has occurred, the child shall be allowed to resume the former conditions of probation, or probation may be terminated; and (v) If in a subsequent proceeding, the court finds the child has violated any of the conditions or limitations of probation, the court may modify conditions consistent with the results of the previously administered validated risk and needs assessment, including ordering a transfer or grant pursuant to subdivision (a)(1). The court shall not order a child placed in the custody of the department for a violation of the conditions or limitations of probation unless: (a) The child is separately adjudicated dependent or neglected and placed pursuant to § 37-1-130 ; (b) The child is separately adjudicated delinquent and placed pursuant to this section for an eligible delinquent offense arising out of a subsequent criminal episode other than the offense for which the child has been placed on probation; or (c) (1) The court finds by clear and convincing evidence that the child is in imminent risk of danger to the child's health or safety and needs specific treatment or services that are available only if the child is placed in the custody of the department; and (2) A child placed in the custody of the department under this subdivision (a)(2)(A)(v) (c) shall remain in custody so long as necessary to complete the treatment or services, which shall be evidence-based and provided by a qualified provider, but shall remain in custody no longer than six (6) months; provided, that the court may order that the child remain in custody for up to an additional six (6) month period if the court finds after a hearing or stipulation that: (A) The child needs services or treatment that are available only if the child is in custody; and (B) The services or treatment the child needs are evidence-based and will be provided by a qualified provider;
(i) Placing the child on probation under the supervision of the probation officer of the court or the department of children's services, any person, or persons or agencies designated by the court, or the court of another state as provided in § 37-1-143 , under conditions and limitations prescribed by the court in consultation with the supervising authority and consistent with a validated risk and needs assessment, which may include completion of substance abuse and mental health treatment services where appropriate;
(ii) (a) A child may be placed on probation for a maximum period of six (6) months, subject to this subdivision (a)(2)(A)(ii). Before expiration of the first six-month period or any extension period thereafter, and after notice and a hearing, the court may extend probation for additional periods not to exceed six (6) months each, but only if the court finds and issues a written order that: (1) States that it is in the best interest of the child that a condition or conditions of probation remain in effect; and (2) Specifies the condition or conditions that shall remain in effect and why that continued effectiveness is in the best interest of the child; and (b) If the requirements of subdivision (a)(2)(A)(ii) (a) have been met, probation may continue only so long as it is in the best interest of the child that the condition or conditions of probation remain in effect;
(a) A child may be placed on probation for a maximum period of six (6) months, subject to this subdivision (a)(2)(A)(ii). Before expiration of the first six-month period or any extension period thereafter, and after notice and a hearing, the court may extend probation for additional periods not to exceed six (6) months each, but only if the court finds and issues a written order that: (1) States that it is in the best interest of the child that a condition or conditions of probation remain in effect; and (2) Specifies the condition or conditions that shall remain in effect and why that continued effectiveness is in the best interest of the child; and
(1) States that it is in the best interest of the child that a condition or conditions of probation remain in effect; and
(2) Specifies the condition or conditions that shall remain in effect and why that continued effectiveness is in the best interest of the child; and
(b) If the requirements of subdivision (a)(2)(A)(ii) (a) have been met, probation may continue only so long as it is in the best interest of the child that the condition or conditions of probation remain in effect;
(iii) If the supervising authority finds the child has violated the conditions or limitations of probation, the supervising authority may file a petition alleging a violation of the conditions or limitations of probation with the court; provided, that the court, in its discretion, may direct the supervising authority that, in some or all circumstances, such a petition should be filed only if the supervising authority makes and documents attempts to address the noncompliant behavior and determines and documents the reasons for which court intervention is needed to address the noncompliance;
(iv) If the court finds that no violation has occurred, the child shall be allowed to resume the former conditions of probation, or probation may be terminated; and
(v) If in a subsequent proceeding, the court finds the child has violated any of the conditions or limitations of probation, the court may modify conditions consistent with the results of the previously administered validated risk and needs assessment, including ordering a transfer or grant pursuant to subdivision (a)(1). The court shall not order a child placed in the custody of the department for a violation of the conditions or limitations of probation unless: (a) The child is separately adjudicated dependent or neglected and placed pursuant to § 37-1-130 ; (b) The child is separately adjudicated delinquent and placed pursuant to this section for an eligible delinquent offense arising out of a subsequent criminal episode other than the offense for which the child has been placed on probation; or (c) (1) The court finds by clear and convincing evidence that the child is in imminent risk of danger to the child's health or safety and needs specific treatment or services that are available only if the child is placed in the custody of the department; and (2) A child placed in the custody of the department under this subdivision (a)(2)(A)(v) (c) shall remain in custody so long as necessary to complete the treatment or services, which shall be evidence-based and provided by a qualified provider, but shall remain in custody no longer than six (6) months; provided, that the court may order that the child remain in custody for up to an additional six (6) month period if the court finds after a hearing or stipulation that: (A) The child needs services or treatment that are available only if the child is in custody; and (B) The services or treatment the child needs are evidence-based and will be provided by a qualified provider;
(a) The child is separately adjudicated dependent or neglected and placed pursuant to § 37-1-130 ;
(b) The child is separately adjudicated delinquent and placed pursuant to this section for an eligible delinquent offense arising out of a subsequent criminal episode other than the offense for which the child has been placed on probation; or
(c) (1) The court finds by clear and convincing evidence that the child is in imminent risk of danger to the child's health or safety and needs specific treatment or services that are available only if the child is placed in the custody of the department; and (2) A child placed in the custody of the department under this subdivision (a)(2)(A)(v) (c) shall remain in custody so long as necessary to complete the treatment or services, which shall be evidence-based and provided by a qualified provider, but shall remain in custody no longer than six (6) months; provided, that the court may order that the child remain in custody for up to an additional six (6) month period if the court finds after a hearing or stipulation that: (A) The child needs services or treatment that are available only if the child is in custody; and (B) The services or treatment the child needs are evidence-based and will be provided by a qualified provider;
(1) The court finds by clear and convincing evidence that the child is in imminent risk of danger to the child's health or safety and needs specific treatment or services that are available only if the child is placed in the custody of the department; and
(2) A child placed in the custody of the department under this subdivision (a)(2)(A)(v) (c) shall remain in custody so long as necessary to complete the treatment or services, which shall be evidence-based and provided by a qualified provider, but shall remain in custody no longer than six (6) months; provided, that the court may order that the child remain in custody for up to an additional six (6) month period if the court finds after a hearing or stipulation that: (A) The child needs services or treatment that are available only if the child is in custody; and (B) The services or treatment the child needs are evidence-based and will be provided by a qualified provider;
(A) The child needs services or treatment that are available only if the child is in custody; and
(B) The services or treatment the child needs are evidence-based and will be provided by a qualified provider;
(B) The court shall make a finding that the child's school shall be notified, if: (i) The child has been adjudicated delinquent for any of the following offenses: (a) First degree murder, as defined in § 39-13-202 ; (b) Second degree murder, as defined in § 39-13-210 ; (c) Rape, as defined in § 39-13-503 ; (d) Aggravated rape, as defined in § 39-13-502 ; (e) Rape of a child, as defined in § 39-13-522 ; (f) Aggravated rape of a child, as defined in § 39-13-531 ; (g) Aggravated robbery, as defined in § 39-13-402 ; (h) Especially aggravated robbery, as defined in § 39-13-403 ; (i) Kidnapping, as defined in § 39-13-303 ; (j) Aggravated kidnapping, as defined in § 39-13-304 ; (k) Especially aggravated kidnapping, as defined in § 39-13-305 ; (l) Aggravated assault, as defined in § 39-13-102 ; (m) Felony reckless endangerment pursuant to § 39-13-103 ; (n) Aggravated sexual battery, as defined in § 39-13-504 ; (o) Voluntary manslaughter, as defined in § 39-13-211 ; (p) Criminally negligent homicide, as defined in § 39-13-212 ; (q) Sexual battery by an authority figure, as defined in § 39-13-527 ; (r) Statutory rape by an authority figure, as defined in § 39-13-532 ; (s) Prohibited weapon, as defined in § 39-17-1302 ; (t) Unlawful carrying or possession of a firearm, as defined in § 39-17-1307 ; (u) Carrying weapons on school property, as defined in § 39-17-1309 ; (v) Carrying weapons on public parks, playgrounds, civic centers, and other public recreational buildings and grounds, as defined in § 39-17-1311 ; (w) Handgun possession, as defined in § 39-17-1319 ; (x) Providing handguns to juveniles, as defined in § 39-17-1320 ; or (y) Any violation of § 39-17-417 that constitutes a Class A or Class B felony; and (ii) School attendance is a condition of probation, or if the child is to be placed in the custody of a state agency and is to be placed in school by a state agency or by a contractor of the state agency;
(i) The child has been adjudicated delinquent for any of the following offenses: (a) First degree murder, as defined in § 39-13-202 ; (b) Second degree murder, as defined in § 39-13-210 ; (c) Rape, as defined in § 39-13-503 ; (d) Aggravated rape, as defined in § 39-13-502 ; (e) Rape of a child, as defined in § 39-13-522 ; (f) Aggravated rape of a child, as defined in § 39-13-531 ; (g) Aggravated robbery, as defined in § 39-13-402 ; (h) Especially aggravated robbery, as defined in § 39-13-403 ; (i) Kidnapping, as defined in § 39-13-303 ; (j) Aggravated kidnapping, as defined in § 39-13-304 ; (k) Especially aggravated kidnapping, as defined in § 39-13-305 ; (l) Aggravated assault, as defined in § 39-13-102 ; (m) Felony reckless endangerment pursuant to § 39-13-103 ; (n) Aggravated sexual battery, as defined in § 39-13-504 ; (o) Voluntary manslaughter, as defined in § 39-13-211 ; (p) Criminally negligent homicide, as defined in § 39-13-212 ; (q) Sexual battery by an authority figure, as defined in § 39-13-527 ; (r) Statutory rape by an authority figure, as defined in § 39-13-532 ; (s) Prohibited weapon, as defined in § 39-17-1302 ; (t) Unlawful carrying or possession of a firearm, as defined in § 39-17-1307 ; (u) Carrying weapons on school property, as defined in § 39-17-1309 ; (v) Carrying weapons on public parks, playgrounds, civic centers, and other public recreational buildings and grounds, as defined in § 39-17-1311 ; (w) Handgun possession, as defined in § 39-17-1319 ; (x) Providing handguns to juveniles, as defined in § 39-17-1320 ; or (y) Any violation of § 39-17-417 that constitutes a Class A or Class B felony; and
(a) First degree murder, as defined in § 39-13-202 ;
(b) Second degree murder, as defined in § 39-13-210 ;
(c) Rape, as defined in § 39-13-503 ;
(d) Aggravated rape, as defined in § 39-13-502 ;
(e) Rape of a child, as defined in § 39-13-522 ;
(f) Aggravated rape of a child, as defined in § 39-13-531 ;
(g) Aggravated robbery, as defined in § 39-13-402 ;
(h) Especially aggravated robbery, as defined in § 39-13-403 ;
(i) Kidnapping, as defined in § 39-13-303 ;
(j) Aggravated kidnapping, as defined in § 39-13-304 ;
(k) Especially aggravated kidnapping, as defined in § 39-13-305 ;
(l) Aggravated assault, as defined in § 39-13-102 ;
(m) Felony reckless endangerment pursuant to § 39-13-103 ;
(n) Aggravated sexual battery, as defined in § 39-13-504 ;
(o) Voluntary manslaughter, as defined in § 39-13-211 ;
(p) Criminally negligent homicide, as defined in § 39-13-212 ;
(q) Sexual battery by an authority figure, as defined in § 39-13-527 ;
(r) Statutory rape by an authority figure, as defined in § 39-13-532 ;
(s) Prohibited weapon, as defined in § 39-17-1302 ;
(t) Unlawful carrying or possession of a firearm, as defined in § 39-17-1307 ;
(u) Carrying weapons on school property, as defined in § 39-17-1309 ;
(v) Carrying weapons on public parks, playgrounds, civic centers, and other public recreational buildings and grounds, as defined in § 39-17-1311 ;
(w) Handgun possession, as defined in § 39-17-1319 ;
(x) Providing handguns to juveniles, as defined in § 39-17-1320 ; or
(y) Any violation of § 39-17-417 that constitutes a Class A or Class B felony; and
(ii) School attendance is a condition of probation, or if the child is to be placed in the custody of a state agency and is to be placed in school by a state agency or by a contractor of the state agency;
(C) The court may make a finding that the child's school shall be notified based on the circumstances surrounding the offense if the adjudication of delinquency is for an offense not listed in this subsection (a);
(D) The court shall then enter an order directing the youth service officer, probation officer, or the state agency, if the child has been committed to the custody of the state agency, to notify the school principal in writing of the nature of the offense and probation requirements, if any, related to school attendance, within five (5) days of the order or before the child resumes or begins school attendance, whichever occurs first. In individual cases when the court deems it appropriate, the court may also include in the order a requirement to notify county and municipal law enforcement agencies having jurisdiction over the school in which the child will be enrolled;
(E) When the principal of a school is notified, the principal of the child's school, or the principal's designee, shall convene a meeting to develop a plan within five (5) days of the notification. Reasonable notice shall be given of the date and time of the meeting. The child, the department of children's services if the child is in state custody, the child's parent/guardian/legal caretaker if not in state custody, and other appropriate parties identified by the child, the department of children's services or parent/guardian/legal caretaker shall be invited to the meeting. The plan shall set out a list of goals to provide the child an opportunity to succeed in school and provide for school safety, a schedule for completion of the goals and the personnel who will be responsible for working with the child to complete the goals;
(F) The information shall be shared only with the employees of the school having responsibility for classroom instruction of the child and the school counselor, social worker or psychologist who is involved in developing a plan for the child while in the school, and with the school resource officer, and any other person notified pursuant to this section. The information is otherwise confidential and shall not be shared by school personnel with any other person or agency, except as may otherwise be required by law. Notification in writing of the nature of the offense committed by the child and any probation requirements and the plan shall not become a part of the child's student record;
(G) In no event shall a child be delayed from attending school for more than five (5) school days from the date of notice;
(H) Notwithstanding any other state law to the contrary, the department of children's services shall develop a written policy consistent with federal law detailing the information to be shared by the department with the school for children in its legal custody when notification is required;
(I) Upon the subsequent enrollment of any such student in any other LEA, the parents or custodians of the student, and the administrator of any school having previously received the same or similar notice pursuant to this section, shall notify the school in the manner specified in § 49-6-3051 ;
(J) A violation of the confidentiality provisions of subdivision (a)(2)(F) is a Class C misdemeanor;
(K) (i) If the court does not place the child in state custody, but orders the child to complete an inpatient mental health treatment program at a hospital or treatment resource as defined in § 33-1-101 , upon leaving that hospital or treatment resource, the principal of the child's school shall be notified and the principal of the child's school or the principal's designee shall convene a meeting to develop a transition plan within five (5) days of the notification. Reasonable notice shall be given of the date and time of the meeting. The child, child's parent/guardian/legal caretaker, other relevant service providers, and other appropriate parties identified by the child and parent/guardian/legal caretaker shall be invited to the meeting; (ii) If an information release is executed in compliance with § 33-3-109 that provides the principal or other designated school personnel access to certain information concerning the child, the principal or other designated school personnel may work with the child's mental health provider to develop this plan. The transition plan shall set out a list of goals to provide the child an opportunity to succeed in school and provide for school safety, a schedule for completion of the goals and the personnel who will be responsible for working with the child to complete the goals. The information shall be shared only with employees of the school having responsibility for classroom instruction of the child, but the information is otherwise confidential and shall not be shared by school personnel with any other person or agency, except as may be otherwise required by law. The notification in writing of the nature of the offense committed by the child, any probation requirements, and the transition plan developed pursuant to this subdivision (a)(2)(K)(ii) shall not become a part of the child's student record; (iii) In no event shall a child be delayed from attending school for more than five (5) school days; (iv) A violation of the confidentiality provisions of subdivision (a)(2)(K)(ii) is a Class C misdemeanor;
(i) If the court does not place the child in state custody, but orders the child to complete an inpatient mental health treatment program at a hospital or treatment resource as defined in § 33-1-101 , upon leaving that hospital or treatment resource, the principal of the child's school shall be notified and the principal of the child's school or the principal's designee shall convene a meeting to develop a transition plan within five (5) days of the notification. Reasonable notice shall be given of the date and time of the meeting. The child, child's parent/guardian/legal caretaker, other relevant service providers, and other appropriate parties identified by the child and parent/guardian/legal caretaker shall be invited to the meeting;
(ii) If an information release is executed in compliance with § 33-3-109 that provides the principal or other designated school personnel access to certain information concerning the child, the principal or other designated school personnel may work with the child's mental health provider to develop this plan. The transition plan shall set out a list of goals to provide the child an opportunity to succeed in school and provide for school safety, a schedule for completion of the goals and the personnel who will be responsible for working with the child to complete the goals. The information shall be shared only with employees of the school having responsibility for classroom instruction of the child, but the information is otherwise confidential and shall not be shared by school personnel with any other person or agency, except as may be otherwise required by law. The notification in writing of the nature of the offense committed by the child, any probation requirements, and the transition plan developed pursuant to this subdivision (a)(2)(K)(ii) shall not become a part of the child's student record;
(iii) In no event shall a child be delayed from attending school for more than five (5) school days;
(iv) A violation of the confidentiality provisions of subdivision (a)(2)(K)(ii) is a Class C misdemeanor;
(3) Placing the child in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority. The court may order the delinquent child to participate in programming at a nonresidential facility for delinquent children operated under the direction of the court or other local public authority after the period of detention. The court shall report each disposition of detention to the administrative office of the courts;
(4) (A) Subject to the restrictions of § 37-1-129(c) and this subdivision (a)(4), commit the child to the department of children's services, which commitment shall not extend past the child's nineteenth birthday; (B) A child is eligible for commitment to the department only if: (i) The current offense for which the child has been adjudicated delinquent and is subject to disposition would constitute a felony if committed by an adult; (ii) (a) The current offense for which the child has been adjudicated delinquent and is subject to disposition would constitute a misdemeanor if committed by an adult; and (b) The child has previously been adjudicated delinquent for two (2) or more offenses arising from separate incidents that would constitute either a felony or misdemeanor if committed by an adult, including adjudications in other jurisdictions that, if committed in this jurisdiction, would constitute a felony or misdemeanor; or (iii) (a) The court finds by clear and convincing evidence that the child is in imminent risk of danger to the child's health or safety and needs specific treatment or services that are available only if the child is placed in the custody of the department; and (b) A child placed in the custody of the department under this subdivision (a)(4)(B)(iii) shall remain in custody so long as necessary to complete the treatment or services, which shall be evidence-based and provided by a qualified provider, but shall remain in custody no longer than six (6) months; provided, that the court may order that the child remain in custody for up to an additional six (6) month period if the court finds after a hearing or stipulation that: (1) The child needs treatment or services that are available only if the child is in custody; and (2) The treatment or services the child needs are evidence-based and will be provided by a qualified provider;
(A) Subject to the restrictions of § 37-1-129(c) and this subdivision (a)(4), commit the child to the department of children's services, which commitment shall not extend past the child's nineteenth birthday;
(B) A child is eligible for commitment to the department only if: (i) The current offense for which the child has been adjudicated delinquent and is subject to disposition would constitute a felony if committed by an adult; (ii) (a) The current offense for which the child has been adjudicated delinquent and is subject to disposition would constitute a misdemeanor if committed by an adult; and (b) The child has previously been adjudicated delinquent for two (2) or more offenses arising from separate incidents that would constitute either a felony or misdemeanor if committed by an adult, including adjudications in other jurisdictions that, if committed in this jurisdiction, would constitute a felony or misdemeanor; or (iii) (a) The court finds by clear and convincing evidence that the child is in imminent risk of danger to the child's health or safety and needs specific treatment or services that are available only if the child is placed in the custody of the department; and (b) A child placed in the custody of the department under this subdivision (a)(4)(B)(iii) shall remain in custody so long as necessary to complete the treatment or services, which shall be evidence-based and provided by a qualified provider, but shall remain in custody no longer than six (6) months; provided, that the court may order that the child remain in custody for up to an additional six (6) month period if the court finds after a hearing or stipulation that: (1) The child needs treatment or services that are available only if the child is in custody; and (2) The treatment or services the child needs are evidence-based and will be provided by a qualified provider;
(i) The current offense for which the child has been adjudicated delinquent and is subject to disposition would constitute a felony if committed by an adult;
(ii) (a) The current offense for which the child has been adjudicated delinquent and is subject to disposition would constitute a misdemeanor if committed by an adult; and (b) The child has previously been adjudicated delinquent for two (2) or more offenses arising from separate incidents that would constitute either a felony or misdemeanor if committed by an adult, including adjudications in other jurisdictions that, if committed in this jurisdiction, would constitute a felony or misdemeanor; or
(a) The current offense for which the child has been adjudicated delinquent and is subject to disposition would constitute a misdemeanor if committed by an adult; and
(b) The child has previously been adjudicated delinquent for two (2) or more offenses arising from separate incidents that would constitute either a felony or misdemeanor if committed by an adult, including adjudications in other jurisdictions that, if committed in this jurisdiction, would constitute a felony or misdemeanor; or
(iii) (a) The court finds by clear and convincing evidence that the child is in imminent risk of danger to the child's health or safety and needs specific treatment or services that are available only if the child is placed in the custody of the department; and (b) A child placed in the custody of the department under this subdivision (a)(4)(B)(iii) shall remain in custody so long as necessary to complete the treatment or services, which shall be evidence-based and provided by a qualified provider, but shall remain in custody no longer than six (6) months; provided, that the court may order that the child remain in custody for up to an additional six (6) month period if the court finds after a hearing or stipulation that: (1) The child needs treatment or services that are available only if the child is in custody; and (2) The treatment or services the child needs are evidence-based and will be provided by a qualified provider;
(a) The court finds by clear and convincing evidence that the child is in imminent risk of danger to the child's health or safety and needs specific treatment or services that are available only if the child is placed in the custody of the department; and
(b) A child placed in the custody of the department under this subdivision (a)(4)(B)(iii) shall remain in custody so long as necessary to complete the treatment or services, which shall be evidence-based and provided by a qualified provider, but shall remain in custody no longer than six (6) months; provided, that the court may order that the child remain in custody for up to an additional six (6) month period if the court finds after a hearing or stipulation that: (1) The child needs treatment or services that are available only if the child is in custody; and (2) The treatment or services the child needs are evidence-based and will be provided by a qualified provider;
(1) The child needs treatment or services that are available only if the child is in custody; and
(2) The treatment or services the child needs are evidence-based and will be provided by a qualified provider;
(5) [Deleted by 2018 amendment.]
(6) Committing the child to the custody of the county department of children's services in those counties having such a department, but only if the child is eligible for commitment to the department under subdivision (a)(4) and subject to the conditions applicable to department commitment under § 37-1-137 ;
(7) (A) Ordering the child to perform community service work with such work being in compliance with federal and state child labor laws. For first-time delinquent acts involving alcohol or beer, in its order for community service work, the court may require the juvenile to spend a portion of such time in the emergency room of a hospital, only if, and to the extent, the hospital agrees with such action; (B) No charitable organization, municipality, county or political subdivision thereof utilizing juveniles performing community service work pursuant to this chapter shall be liable for any injury sustained by the juvenile or other person, proximately caused by the juvenile, while the juvenile is performing a work project for such organization or governmental entity, if the organization or governmental entity exercised due care in the supervision of the juvenile; (C) No charitable organization, municipality, county or political subdivision thereof, nor any employee or officer thereof, shall be liable to any person for any act of a juvenile while the juvenile is on a community work project for such organization or governmental entity, if the organization or governmental entity exercised due care in the supervision of the juvenile; (D) No charitable organization, municipality, county or political subdivision thereof, nor any employee or officer thereof, shall be liable to any juvenile or the juvenile's family for death or injuries received, proximately caused by the juvenile, while the juvenile is on a community work project for such organization or governmental entity, if the organization or governmental entity exercised due care in the supervision of the juvenile; (E) The authority and protection from liability provided by this section is supplemental and in addition to any other authority and protection provided by law; (F) The court shall not order a child placed in the custody of the department or otherwise remove the child from the child's home, including the home of a parent, guardian, or other legal custodian for any length of time, for failure to complete community service work or satisfy conditions associated with community service work as ordered by the court; and
(A) Ordering the child to perform community service work with such work being in compliance with federal and state child labor laws. For first-time delinquent acts involving alcohol or beer, in its order for community service work, the court may require the juvenile to spend a portion of such time in the emergency room of a hospital, only if, and to the extent, the hospital agrees with such action;
(B) No charitable organization, municipality, county or political subdivision thereof utilizing juveniles performing community service work pursuant to this chapter shall be liable for any injury sustained by the juvenile or other person, proximately caused by the juvenile, while the juvenile is performing a work project for such organization or governmental entity, if the organization or governmental entity exercised due care in the supervision of the juvenile;
(C) No charitable organization, municipality, county or political subdivision thereof, nor any employee or officer thereof, shall be liable to any person for any act of a juvenile while the juvenile is on a community work project for such organization or governmental entity, if the organization or governmental entity exercised due care in the supervision of the juvenile;
(D) No charitable organization, municipality, county or political subdivision thereof, nor any employee or officer thereof, shall be liable to any juvenile or the juvenile's family for death or injuries received, proximately caused by the juvenile, while the juvenile is on a community work project for such organization or governmental entity, if the organization or governmental entity exercised due care in the supervision of the juvenile;
(E) The authority and protection from liability provided by this section is supplemental and in addition to any other authority and protection provided by law;
(F) The court shall not order a child placed in the custody of the department or otherwise remove the child from the child's home, including the home of a parent, guardian, or other legal custodian for any length of time, for failure to complete community service work or satisfy conditions associated with community service work as ordered by the court; and
(8) (A) In lieu of committing a child to the custody of the department of children's services and subject to the requirements of subdivision (a)(8)(B), the court may order any of the following if the child is found to be a delinquent child: (i) Assign a long-term mentor to such child; or (ii) Require that the delinquent child or any of the child's family members receive counseling services from any counseling service provided through or approved by the juvenile court; (B) An order may be issued under subdivision (a)(8)(A) only if the funding necessary to implement such order is appropriated by the legislative body of the county in which the court is located or is provided by grants from public or private sources.
(A) In lieu of committing a child to the custody of the department of children's services and subject to the requirements of subdivision (a)(8)(B), the court may order any of the following if the child is found to be a delinquent child: (i) Assign a long-term mentor to such child; or (ii) Require that the delinquent child or any of the child's family members receive counseling services from any counseling service provided through or approved by the juvenile court;
(i) Assign a long-term mentor to such child; or
(ii) Require that the delinquent child or any of the child's family members receive counseling services from any counseling service provided through or approved by the juvenile court;
(B) An order may be issued under subdivision (a)(8)(A) only if the funding necessary to implement such order is appropriated by the legislative body of the county in which the court is located or is provided by grants from public or private sources.
(b) (1) (A) If the child is found to be delinquent, the court shall determine if any monetary damages actually resulted from the child's delinquent conduct. Upon a determination that monetary damages resulted from such conduct, the court shall order the child to make restitution for such damages unless the court further determines that the specific circumstances of the individual case render such restitution, or a specified portion thereof, inappropriate. The court shall identify whether a restorative justice program addressing loss resulting from a delinquent act is available and may be utilized appropriately in the place of financial restitution. Any financial obligations or restitution assessed against the child or the child's parents, legal custodians, or guardians shall be considered collectively with community service work to ensure that the order of disposition is reasonable and, where applicable, prioritizes restitution to the victim. In determining whether an order of disposition is reasonable, the court may consider whether the child and the child's parents, legal custodians, or guardians have the ability to complete the requirements of the order within six (6) months. (B) If the child is found to be delinquent for a second or subsequent delinquent act, the court may enter an order of restitution against the parent, legal custodian, or guardian who had custody of the child at the time of the act for the expenses incurred by any law enforcement agency in responding to and investigating the delinquent act. A restitution order entered under this subdivision (b)(1)(B) must be no less than two hundred fifty dollars ($250), if the act committed by the child would be a misdemeanor if committed by an adult, or no less than five hundred dollars ($500), if the act committed by the child would be a felony if committed by an adult. The restitution order entered under this subdivision (b)(1)(B) must not exceed one thousand dollars ($1,000). If the court finds that the child's parent, legal custodian, or guardian is indigent and waives restitution under this subdivision (b)(1)(B), then the court must order the child's parent, legal custodian, or guardian to perform community service work in lieu of the restitution. (2) (A) IF restitution is ordered pursuant to this subsection (b) in those cases where the court has made a finding that: (i) A specified amount is owed; (ii) Such amount is ordered to be paid pursuant to a specific payment schedule; and (iii) The total amount of such ordered restitution is not paid by the time the juvenile court determines that discharge of a case is appropriate or no longer has jurisdiction over the child; THEN, notwithstanding § 37-1-133(b) or any other law to the contrary, the recipient of such restitution may convert the unpaid balance of the restitution ordered by the court into a civil judgment in accordance with the procedure set out in this subsection (b). The payment of such civil judgment shall be at the same payment schedule as that as when the offender was a juvenile. (B) Under such judgment, payments shall be continued to be made under the specific payment schedule ordered by the juvenile court until the judgment has been satisfied. (3) The restitution recipient shall file a certified copy of the juvenile court's restitution order with any court having jurisdiction over the total amount of restitution ordered. (4) Upon receipt of such a restitution order, the court shall take proof as to the amount of ordered restitution actually paid. If the court finds that the amount of restitution actually paid is less than the total amount of restitution ordered by the juvenile court, it shall enter a judgment in favor of the restitution recipient and against the offender for the amount of the unpaid balance of such restitution. (5) A judgment entered pursuant to this subsection (b) shall remain in effect for a period of ten (10) years from the date of entry and shall be enforceable by the restitution recipient in the same manner and to the same extent as other civil judgments; however, such civil judgment shall not be referred to any collection service as defined by § 62-20-102 .
(1) (A) If the child is found to be delinquent, the court shall determine if any monetary damages actually resulted from the child's delinquent conduct. Upon a determination that monetary damages resulted from such conduct, the court shall order the child to make restitution for such damages unless the court further determines that the specific circumstances of the individual case render such restitution, or a specified portion thereof, inappropriate. The court shall identify whether a restorative justice program addressing loss resulting from a delinquent act is available and may be utilized appropriately in the place of financial restitution. Any financial obligations or restitution assessed against the child or the child's parents, legal custodians, or guardians shall be considered collectively with community service work to ensure that the order of disposition is reasonable and, where applicable, prioritizes restitution to the victim. In determining whether an order of disposition is reasonable, the court may consider whether the child and the child's parents, legal custodians, or guardians have the ability to complete the requirements of the order within six (6) months. (B) If the child is found to be delinquent for a second or subsequent delinquent act, the court may enter an order of restitution against the parent, legal custodian, or guardian who had custody of the child at the time of the act for the expenses incurred by any law enforcement agency in responding to and investigating the delinquent act. A restitution order entered under this subdivision (b)(1)(B) must be no less than two hundred fifty dollars ($250), if the act committed by the child would be a misdemeanor if committed by an adult, or no less than five hundred dollars ($500), if the act committed by the child would be a felony if committed by an adult. The restitution order entered under this subdivision (b)(1)(B) must not exceed one thousand dollars ($1,000). If the court finds that the child's parent, legal custodian, or guardian is indigent and waives restitution under this subdivision (b)(1)(B), then the court must order the child's parent, legal custodian, or guardian to perform community service work in lieu of the restitution.
(A) If the child is found to be delinquent, the court shall determine if any monetary damages actually resulted from the child's delinquent conduct. Upon a determination that monetary damages resulted from such conduct, the court shall order the child to make restitution for such damages unless the court further determines that the specific circumstances of the individual case render such restitution, or a specified portion thereof, inappropriate. The court shall identify whether a restorative justice program addressing loss resulting from a delinquent act is available and may be utilized appropriately in the place of financial restitution. Any financial obligations or restitution assessed against the child or the child's parents, legal custodians, or guardians shall be considered collectively with community service work to ensure that the order of disposition is reasonable and, where applicable, prioritizes restitution to the victim. In determining whether an order of disposition is reasonable, the court may consider whether the child and the child's parents, legal custodians, or guardians have the ability to complete the requirements of the order within six (6) months.
(B) If the child is found to be delinquent for a second or subsequent delinquent act, the court may enter an order of restitution against the parent, legal custodian, or guardian who had custody of the child at the time of the act for the expenses incurred by any law enforcement agency in responding to and investigating the delinquent act. A restitution order entered under this subdivision (b)(1)(B) must be no less than two hundred fifty dollars ($250), if the act committed by the child would be a misdemeanor if committed by an adult, or no less than five hundred dollars ($500), if the act committed by the child would be a felony if committed by an adult. The restitution order entered under this subdivision (b)(1)(B) must not exceed one thousand dollars ($1,000). If the court finds that the child's parent, legal custodian, or guardian is indigent and waives restitution under this subdivision (b)(1)(B), then the court must order the child's parent, legal custodian, or guardian to perform community service work in lieu of the restitution.
(2) (A) IF restitution is ordered pursuant to this subsection (b) in those cases where the court has made a finding that: (i) A specified amount is owed; (ii) Such amount is ordered to be paid pursuant to a specific payment schedule; and (iii) The total amount of such ordered restitution is not paid by the time the juvenile court determines that discharge of a case is appropriate or no longer has jurisdiction over the child; THEN, notwithstanding § 37-1-133(b) or any other law to the contrary, the recipient of such restitution may convert the unpaid balance of the restitution ordered by the court into a civil judgment in accordance with the procedure set out in this subsection (b). The payment of such civil judgment shall be at the same payment schedule as that as when the offender was a juvenile. (B) Under such judgment, payments shall be continued to be made under the specific payment schedule ordered by the juvenile court until the judgment has been satisfied.
(A) IF restitution is ordered pursuant to this subsection (b) in those cases where the court has made a finding that: (i) A specified amount is owed; (ii) Such amount is ordered to be paid pursuant to a specific payment schedule; and (iii) The total amount of such ordered restitution is not paid by the time the juvenile court determines that discharge of a case is appropriate or no longer has jurisdiction over the child; THEN, notwithstanding § 37-1-133(b) or any other law to the contrary, the recipient of such restitution may convert the unpaid balance of the restitution ordered by the court into a civil judgment in accordance with the procedure set out in this subsection (b). The payment of such civil judgment shall be at the same payment schedule as that as when the offender was a juvenile.
(i) A specified amount is owed;
(ii) Such amount is ordered to be paid pursuant to a specific payment schedule; and
(iii) The total amount of such ordered restitution is not paid by the time the juvenile court determines that discharge of a case is appropriate or no longer has jurisdiction over the child; THEN, notwithstanding § 37-1-133(b) or any other law to the contrary, the recipient of such restitution may convert the unpaid balance of the restitution ordered by the court into a civil judgment in accordance with the procedure set out in this subsection (b). The payment of such civil judgment shall be at the same payment schedule as that as when the offender was a juvenile.
THEN, notwithstanding § 37-1-133(b) or any other law to the contrary, the recipient of such restitution may convert the unpaid balance of the restitution ordered by the court into a civil judgment in accordance with the procedure set out in this subsection (b). The payment of such civil judgment shall be at the same payment schedule as that as when the offender was a juvenile.
(B) Under such judgment, payments shall be continued to be made under the specific payment schedule ordered by the juvenile court until the judgment has been satisfied.
(3) The restitution recipient shall file a certified copy of the juvenile court's restitution order with any court having jurisdiction over the total amount of restitution ordered.
(4) Upon receipt of such a restitution order, the court shall take proof as to the amount of ordered restitution actually paid. If the court finds that the amount of restitution actually paid is less than the total amount of restitution ordered by the juvenile court, it shall enter a judgment in favor of the restitution recipient and against the offender for the amount of the unpaid balance of such restitution.
(5) A judgment entered pursuant to this subsection (b) shall remain in effect for a period of ten (10) years from the date of entry and shall be enforceable by the restitution recipient in the same manner and to the same extent as other civil judgments; however, such civil judgment shall not be referred to any collection service as defined by § 62-20-102 .
(c) (1) This subsection (c) shall apply to a juvenile who is adjudicated delinquent, but not committed to the custody of the department of children's services, for an act that if committed by an adult would be one (1) or more of the following offenses: (A) First degree murder, as prohibited by § 39-13-202 ; (B) Second degree murder, as prohibited by § 39-13-210 ; (C) Voluntary manslaughter, as prohibited by § 39-13-211 ; (D) Criminally negligent homicide, as prohibited by § 39-13-212 ; (E) Rape, as prohibited by § 39-13-503 ; (F) Aggravated rape, as prohibited by § 39-13-502 ; (G) Rape of a child, as prohibited by § 39-13-522 ; (H) Aggravated rape of a child, as prohibited by § 39-13-531 ; (I) Aggravated robbery, as prohibited by § 39-13-402 ; (J) Especially aggravated robbery, as prohibited by § 39-13-403 ; (K) Kidnapping, as prohibited by § 39-13-303 ; (L) Aggravated kidnapping, as prohibited by § 39-13-304 ; (M) Especially aggravated kidnapping, as prohibited by § 39-13-305 ; (N) Aggravated assault, as prohibited by § 39-13-102 ; (O) Felony reckless endangerment, as prohibited by § 39-13-103 ; (P) Sexual battery, as prohibited by § 39-13-505 ; (Q) Aggravated sexual battery, as prohibited by § 39-13-504 ; or (R) Any other Class A or Class B felony. (2) If a court finds a juvenile to be delinquent as a result of an act listed in subdivision (c)(1), the court shall have broad discretion to issue orders and, in conjunction with representatives from the LEA, to change the educational assignment of the juvenile. The court shall involve representatives of the LEA, as necessary, to ascertain a proper educational assignment and the availability of secure educational facilities for the juvenile who, through actions of the court, is facing personal restrictions or being released with compulsory attendance in school as a condition of personal restriction or release. There shall be a presumption in favor of issuing a court order prohibiting the juvenile from attending the same educational placement as the victim. (3) The court shall have discretion to determine how best to restrict future contact of the defendant with the victim while the victim is at school or in other public settings. (4) When consulted by the court, the representatives of the LEA shall provide a list of alternatives to attendance at the school which is attended by the victim. This information shall include the availability of programs including another school assignment within the district, alternative school, virtual education, homebound instruction, adult education programs, and high school equivalency testing eligibility. (5) The school resource officer shall be authorized to assist school officials in the enforcement of orders issued by the court and shall be made fully aware of the confidential nature of any order and the student's educational assignment. (6) [Deleted by 2018 amendment.]
(1) This subsection (c) shall apply to a juvenile who is adjudicated delinquent, but not committed to the custody of the department of children's services, for an act that if committed by an adult would be one (1) or more of the following offenses: (A) First degree murder, as prohibited by § 39-13-202 ; (B) Second degree murder, as prohibited by § 39-13-210 ; (C) Voluntary manslaughter, as prohibited by § 39-13-211 ; (D) Criminally negligent homicide, as prohibited by § 39-13-212 ; (E) Rape, as prohibited by § 39-13-503 ; (F) Aggravated rape, as prohibited by § 39-13-502 ; (G) Rape of a child, as prohibited by § 39-13-522 ; (H) Aggravated rape of a child, as prohibited by § 39-13-531 ; (I) Aggravated robbery, as prohibited by § 39-13-402 ; (J) Especially aggravated robbery, as prohibited by § 39-13-403 ; (K) Kidnapping, as prohibited by § 39-13-303 ; (L) Aggravated kidnapping, as prohibited by § 39-13-304 ; (M) Especially aggravated kidnapping, as prohibited by § 39-13-305 ; (N) Aggravated assault, as prohibited by § 39-13-102 ; (O) Felony reckless endangerment, as prohibited by § 39-13-103 ; (P) Sexual battery, as prohibited by § 39-13-505 ; (Q) Aggravated sexual battery, as prohibited by § 39-13-504 ; or (R) Any other Class A or Class B felony.
(A) First degree murder, as prohibited by § 39-13-202 ;
(B) Second degree murder, as prohibited by § 39-13-210 ;
(C) Voluntary manslaughter, as prohibited by § 39-13-211 ;
(D) Criminally negligent homicide, as prohibited by § 39-13-212 ;
(E) Rape, as prohibited by § 39-13-503 ;
(F) Aggravated rape, as prohibited by § 39-13-502 ;
(G) Rape of a child, as prohibited by § 39-13-522 ;
(H) Aggravated rape of a child, as prohibited by § 39-13-531 ;
(I) Aggravated robbery, as prohibited by § 39-13-402 ;
(J) Especially aggravated robbery, as prohibited by § 39-13-403 ;
(K) Kidnapping, as prohibited by § 39-13-303 ;
(L) Aggravated kidnapping, as prohibited by § 39-13-304 ;
(M) Especially aggravated kidnapping, as prohibited by § 39-13-305 ;
(N) Aggravated assault, as prohibited by § 39-13-102 ;
(O) Felony reckless endangerment, as prohibited by § 39-13-103 ;
(P) Sexual battery, as prohibited by § 39-13-505 ;
(Q) Aggravated sexual battery, as prohibited by § 39-13-504 ; or
(R) Any other Class A or Class B felony.
(2) If a court finds a juvenile to be delinquent as a result of an act listed in subdivision (c)(1), the court shall have broad discretion to issue orders and, in conjunction with representatives from the LEA, to change the educational assignment of the juvenile. The court shall involve representatives of the LEA, as necessary, to ascertain a proper educational assignment and the availability of secure educational facilities for the juvenile who, through actions of the court, is facing personal restrictions or being released with compulsory attendance in school as a condition of personal restriction or release. There shall be a presumption in favor of issuing a court order prohibiting the juvenile from attending the same educational placement as the victim.
(3) The court shall have discretion to determine how best to restrict future contact of the defendant with the victim while the victim is at school or in other public settings.
(4) When consulted by the court, the representatives of the LEA shall provide a list of alternatives to attendance at the school which is attended by the victim. This information shall include the availability of programs including another school assignment within the district, alternative school, virtual education, homebound instruction, adult education programs, and high school equivalency testing eligibility.
(5) The school resource officer shall be authorized to assist school officials in the enforcement of orders issued by the court and shall be made fully aware of the confidential nature of any order and the student's educational assignment.
(6) [Deleted by 2018 amendment.]
(d) (1) Notwithstanding this section to the contrary, a juvenile who is adjudicated delinquent for conduct that, if committed by an adult, would constitute one (1) of the offenses set out in subdivision (d)(3) shall be committed to the department of children's services for a period of not less than one (1) year; provided, that for the offenses listed in subdivisions (d)(3)(D) and (E), a court may, upon a finding of good cause, order a commitment for a term of less than one (1) year or decline to order a commitment. (2) The commitment required by subdivision (d)(1) must be the least restrictive disposition permissible for an applicable juvenile, and nothing in this subsection (d) prohibits the court from: (A) Transferring a juvenile to whom this section applies to adult court to stand trial as an adult as provided in § 37-1-134 ; (B) Extending the term of commitment beyond the one-year minimum required by this subsection (d); or (C) Any other dispositional alternative more restrictive than this subsection (d). (3) The offenses to which this subsection (d) applies are: (A) First degree murder, as prohibited by § 39-13-202 ; (B) Second degree murder, as prohibited by § 39-13-210 ; (C) Voluntary manslaughter, as prohibited by § 39-13-211 ; (D) Criminally negligent homicide, as prohibited by § 39-13-212 ; and (E) Reckless homicide, as prohibited by § 39-13-215 .
(1) Notwithstanding this section to the contrary, a juvenile who is adjudicated delinquent for conduct that, if committed by an adult, would constitute one (1) of the offenses set out in subdivision (d)(3) shall be committed to the department of children's services for a period of not less than one (1) year; provided, that for the offenses listed in subdivisions (d)(3)(D) and (E), a court may, upon a finding of good cause, order a commitment for a term of less than one (1) year or decline to order a commitment.
(2) The commitment required by subdivision (d)(1) must be the least restrictive disposition permissible for an applicable juvenile, and nothing in this subsection (d) prohibits the court from: (A) Transferring a juvenile to whom this section applies to adult court to stand trial as an adult as provided in § 37-1-134 ; (B) Extending the term of commitment beyond the one-year minimum required by this subsection (d); or (C) Any other dispositional alternative more restrictive than this subsection (d).
(A) Transferring a juvenile to whom this section applies to adult court to stand trial as an adult as provided in § 37-1-134 ;
(B) Extending the term of commitment beyond the one-year minimum required by this subsection (d); or
(C) Any other dispositional alternative more restrictive than this subsection (d).
(3) The offenses to which this subsection (d) applies are: (A) First degree murder, as prohibited by § 39-13-202 ; (B) Second degree murder, as prohibited by § 39-13-210 ; (C) Voluntary manslaughter, as prohibited by § 39-13-211 ; (D) Criminally negligent homicide, as prohibited by § 39-13-212 ; and (E) Reckless homicide, as prohibited by § 39-13-215 .
(A) First degree murder, as prohibited by § 39-13-202 ;
(B) Second degree murder, as prohibited by § 39-13-210 ;
(C) Voluntary manslaughter, as prohibited by § 39-13-211 ;
(D) Criminally negligent homicide, as prohibited by § 39-13-212 ; and
(E) Reckless homicide, as prohibited by § 39-13-215 .
(e) (1) Notwithstanding this section to the contrary, a juvenile who is adjudicated delinquent for conduct that, if committed by an adult, would constitute one (1) of the offenses set out in subdivision (e)(3) may be committed to the department of children's services for a period of one (1) year. (2) This subsection (e) does not prohibit the court from: (A) Transferring a juvenile to whom this section applies to adult court to stand trial as an adult as provided in § 37-1-134 ; (B) Extending the term of commitment beyond one (1) year; or (C) Ordering any other dispositional alternative. (3) The offenses to which this subsection (e) applies are: (A) Rape, as prohibited by § 39-13-503 ; (B) Aggravated rape, as prohibited by § 39-13-502 ; (C) Rape of a child, as prohibited by § 39-13-522 ; and (D) Aggravated rape of a child, as prohibited by § 39-13-531 .
(1) Notwithstanding this section to the contrary, a juvenile who is adjudicated delinquent for conduct that, if committed by an adult, would constitute one (1) of the offenses set out in subdivision (e)(3) may be committed to the department of children's services for a period of one (1) year.
(2) This subsection (e) does not prohibit the court from: (A) Transferring a juvenile to whom this section applies to adult court to stand trial as an adult as provided in § 37-1-134 ; (B) Extending the term of commitment beyond one (1) year; or (C) Ordering any other dispositional alternative.
(A) Transferring a juvenile to whom this section applies to adult court to stand trial as an adult as provided in § 37-1-134 ;
(B) Extending the term of commitment beyond one (1) year; or
(C) Ordering any other dispositional alternative.
(3) The offenses to which this subsection (e) applies are: (A) Rape, as prohibited by § 39-13-503 ; (B) Aggravated rape, as prohibited by § 39-13-502 ; (C) Rape of a child, as prohibited by § 39-13-522 ; and (D) Aggravated rape of a child, as prohibited by § 39-13-531 .
(A) Rape, as prohibited by § 39-13-503 ;
(B) Aggravated rape, as prohibited by § 39-13-502 ;
(C) Rape of a child, as prohibited by § 39-13-522 ; and
(D) Aggravated rape of a child, as prohibited by § 39-13-531 .
(f) Notwithstanding this section to the contrary, the court shall prohibit a child who is adjudicated delinquent for conduct that, if committed by an adult, would constitute the offense of aggravated rape, under § 39-13-502 , rape, under § 39-13-503 , rape of a child, under § 39-13-522 , or aggravated rape of a child, under § 39-13-531 , from accepting employment or volunteering in any capacity that the child knows or reasonably should know will cause the child to be in close and frequent contact with a minor until the child reaches eighteen (18) years of age. This subsection (f) does not prohibit the child from accepting employment or volunteering in a position that involves incidental contact with minors. Notwithstanding this section to the contrary, the prohibition required by this subsection (f) must remain in effect until the child attains eighteen (18) years of age, regardless of the other terms of the child's disposition.
(g) (1) The court shall classify a child fourteen (14) years of age or older as a serious youthful offender if: (A) The child is adjudicated delinquent for an offense listed in subdivision (g)(2)(A) or (g)(2)(B), or an attempt to commit an offense listed in subdivision (g)(2)(A) or (g)(2)(B); (B) The child is adjudicated delinquent for an offense listed in subdivisions (g)(2)(C)-(P) and the child has a prior adjudication of delinquency for any offense listed in subdivision (g)(2); or (C) The child has been adjudicated delinquent for an offense listed in subdivisions (g)(2)(C)-(P) and the district attorney general has asked the court to classify the child as a serious youthful offender. (2) This subsection (g) applies to delinquent acts committed by a child that, if committed by an adult, would constitute: (A) First degree murder, as defined in § 39-13-202 , if the child was fourteen (14) years of age or older but less than sixteen (16) years of age at the time of the commission of the offense; (B) Second degree murder, as defined in § 39-13-210 , if the child was fourteen (14) years of age or older but less than sixteen (16) years of age at the time of the commission of the offense; (C) Rape, as defined in § 39-13-503 ; (D) Aggravated rape, as defined in § 39-13-502 ; (E) Rape of a child, as defined in § 39-13-522 ; (F) Aggravated rape of a child, as defined in § 39-13-531 ; (G) Aggravated robbery, as defined in § 39-13-402 ; (H) Especially aggravated robbery, as defined in § 39-13-403 ; (I) Especially aggravated burglary, as defined in § 39-13-1004 ; (J) Aggravated kidnapping, as defined in § 39-13-304 ; (K) Especially aggravated kidnapping, as defined in § 39-13-305 ; (L) Commission of an act of terrorism, as defined in § 39-13-805 ; (M) Carjacking, as defined in § 39-13-404 ; (N) Aggravated child abuse or aggravated child neglect or endangerment, as defined in § 39-15-402 ; (O) Any other Class A or Class B felony offense involving the use of a deadly weapon during the commission of the offense; or (P) Criminal attempt, under § 39-12-101 , to commit any Class A felony offense listed in this subdivision (g)(2). (3) The court may impose any of the dispositions set forth in subsection (a), or a combination of any such dispositions, upon a juvenile classified as a serious youthful offender; provided, that notwithstanding another law to the contrary, the disposition must be for a fixed period of time that does not end before the serious youthful offender's nineteenth birthday. If the court commits the serious youthful offender to the custody of the department, then the time credits set forth in § 37-1-137(h) must not apply to shorten the time of a serious youthful offender's disposition imposed pursuant to this subdivision (g)(3). (4) In addition to the disposition imposed pursuant to subdivision (g)(3), the court shall impose an additional disposition to be served after the serious youthful offender turns nineteen (19) years of age, and which ends on or before the offender's twenty-fourth birthday. Notwithstanding § 40-35-303 , the additional disposition may include probation. The minimum additional disposition beyond the serious youthful offender's nineteenth birthday must be: (A) Four (4) years if the juvenile is adjudicated delinquent for an act that would be a Class A felony if committed by an adult; or (B) Three (3) years if the juvenile is adjudicated delinquent for an act that would be a Class B felony if committed by an adult. (5) (A) The court must stay the additional disposition imposed pursuant to subdivision (g)(4). (B) The court shall conduct a hearing within four (4) months of the serious youthful offender's nineteenth birthday to review the offender's circumstances and determine whether the stayed additional disposition should be invoked. The court shall consider whether the serious youthful offender has: (i) Committed another delinquent act; (ii) Engaged in other conduct that creates a substantial safety risk; (iii) Failed to meet the conditions of supervision during the determinate disposition prior to the hearing; (iv) Failed to: (a) Attend school regularly with passing grades, unless prevented by illness; (b) Graduate from high school; (c) Obtain a high school equivalency credential approved by the state board of education; or (d) Regularly attend a Tennessee college of applied technology with passing grades; or (v) Failed to obtain regular employment or enroll in an institution of higher education, if the offender has graduated from high school or obtained a high school equivalency credential approved by the state board of education. (C) If the court finds any three (3) of the circumstances set forth in subdivision (g)(5)(B)(i)-(v), then the court shall revoke the stay and invoke the additional disposition. (6) (A) If the court revokes the stay, then the court may order the serious youthful offender to serve the additional disposition as originally imposed or the court may modify the length of the additional disposition, subject to the minimum requirements set forth in subdivision (g)(4); and (B) If the court imposes an additional disposition beyond a serious youthful offender's nineteenth birthday, then the court shall enter an order on or before the offender's nineteenth birthday committing the offender to the supervision of the department of correction to serve the additional sentence imposed by the juvenile court. Under no circumstances shall the serious youthful offender remain in the custody of the department of children's services beyond the offender's nineteenth birthday. (7) If the court determines that the additional disposition should not be invoked, then the juvenile court shall enter an order terminating supervision as of the serious youthful offender's nineteenth birthday. (8) The court shall make or cause to be made an audio recording of a dispositional hearing conducted pursuant to subdivisions (g)(1)-(4) or a disposition review hearing conducted pursuant to subdivisions (g)(5)-(7). The recording must include all proceedings in open court and such other proceedings as the judge may direct and must be preserved as part of the record of the hearing. (9) A serious youthful offender supervised in a secure facility must be housed separate and removed from the general population. In determining the secure facility location of the serious youthful offender, the commissioner of correction shall take into consideration the proximity of the facility to the offender's home. (10) During the time of any disposition served after the serious youthful offender's nineteenth birthday, the juvenile court has the same powers as a trial court, including, but not limited to, the authority to preside over probation revocation proceedings pursuant to § 40-35-311 . If the offender is found to have violated the conditions of probation or committed a new offense, then the juvenile court may impose any consequences that may be imposed on an adult offender serving a period of probation, and the court is not limited to the disposition authorized in this section.
(1) The court shall classify a child fourteen (14) years of age or older as a serious youthful offender if: (A) The child is adjudicated delinquent for an offense listed in subdivision (g)(2)(A) or (g)(2)(B), or an attempt to commit an offense listed in subdivision (g)(2)(A) or (g)(2)(B); (B) The child is adjudicated delinquent for an offense listed in subdivisions (g)(2)(C)-(P) and the child has a prior adjudication of delinquency for any offense listed in subdivision (g)(2); or (C) The child has been adjudicated delinquent for an offense listed in subdivisions (g)(2)(C)-(P) and the district attorney general has asked the court to classify the child as a serious youthful offender.
(A) The child is adjudicated delinquent for an offense listed in subdivision (g)(2)(A) or (g)(2)(B), or an attempt to commit an offense listed in subdivision (g)(2)(A) or (g)(2)(B);
(B) The child is adjudicated delinquent for an offense listed in subdivisions (g)(2)(C)-(P) and the child has a prior adjudication of delinquency for any offense listed in subdivision (g)(2); or
(C) The child has been adjudicated delinquent for an offense listed in subdivisions (g)(2)(C)-(P) and the district attorney general has asked the court to classify the child as a serious youthful offender.
(2) This subsection (g) applies to delinquent acts committed by a child that, if committed by an adult, would constitute: (A) First degree murder, as defined in § 39-13-202 , if the child was fourteen (14) years of age or older but less than sixteen (16) years of age at the time of the commission of the offense; (B) Second degree murder, as defined in § 39-13-210 , if the child was fourteen (14) years of age or older but less than sixteen (16) years of age at the time of the commission of the offense; (C) Rape, as defined in § 39-13-503 ; (D) Aggravated rape, as defined in § 39-13-502 ; (E) Rape of a child, as defined in § 39-13-522 ; (F) Aggravated rape of a child, as defined in § 39-13-531 ; (G) Aggravated robbery, as defined in § 39-13-402 ; (H) Especially aggravated robbery, as defined in § 39-13-403 ; (I) Especially aggravated burglary, as defined in § 39-13-1004 ; (J) Aggravated kidnapping, as defined in § 39-13-304 ; (K) Especially aggravated kidnapping, as defined in § 39-13-305 ; (L) Commission of an act of terrorism, as defined in § 39-13-805 ; (M) Carjacking, as defined in § 39-13-404 ; (N) Aggravated child abuse or aggravated child neglect or endangerment, as defined in § 39-15-402 ; (O) Any other Class A or Class B felony offense involving the use of a deadly weapon during the commission of the offense; or (P) Criminal attempt, under § 39-12-101 , to commit any Class A felony offense listed in this subdivision (g)(2).
(A) First degree murder, as defined in § 39-13-202 , if the child was fourteen (14) years of age or older but less than sixteen (16) years of age at the time of the commission of the offense;
(B) Second degree murder, as defined in § 39-13-210 , if the child was fourteen (14) years of age or older but less than sixteen (16) years of age at the time of the commission of the offense;
(C) Rape, as defined in § 39-13-503 ;
(D) Aggravated rape, as defined in § 39-13-502 ;
(E) Rape of a child, as defined in § 39-13-522 ;
(F) Aggravated rape of a child, as defined in § 39-13-531 ;
(G) Aggravated robbery, as defined in § 39-13-402 ;
(H) Especially aggravated robbery, as defined in § 39-13-403 ;
(I) Especially aggravated burglary, as defined in § 39-13-1004 ;
(J) Aggravated kidnapping, as defined in § 39-13-304 ;
(K) Especially aggravated kidnapping, as defined in § 39-13-305 ;
(L) Commission of an act of terrorism, as defined in § 39-13-805 ;
(M) Carjacking, as defined in § 39-13-404 ;
(N) Aggravated child abuse or aggravated child neglect or endangerment, as defined in § 39-15-402 ;
(O) Any other Class A or Class B felony offense involving the use of a deadly weapon during the commission of the offense; or
(P) Criminal attempt, under § 39-12-101 , to commit any Class A felony offense listed in this subdivision (g)(2).
(3) The court may impose any of the dispositions set forth in subsection (a), or a combination of any such dispositions, upon a juvenile classified as a serious youthful offender; provided, that notwithstanding another law to the contrary, the disposition must be for a fixed period of time that does not end before the serious youthful offender's nineteenth birthday. If the court commits the serious youthful offender to the custody of the department, then the time credits set forth in § 37-1-137(h) must not apply to shorten the time of a serious youthful offender's disposition imposed pursuant to this subdivision (g)(3).
(4) In addition to the disposition imposed pursuant to subdivision (g)(3), the court shall impose an additional disposition to be served after the serious youthful offender turns nineteen (19) years of age, and which ends on or before the offender's twenty-fourth birthday. Notwithstanding § 40-35-303 , the additional disposition may include probation. The minimum additional disposition beyond the serious youthful offender's nineteenth birthday must be: (A) Four (4) years if the juvenile is adjudicated delinquent for an act that would be a Class A felony if committed by an adult; or (B) Three (3) years if the juvenile is adjudicated delinquent for an act that would be a Class B felony if committed by an adult.
(A) Four (4) years if the juvenile is adjudicated delinquent for an act that would be a Class A felony if committed by an adult; or
(B) Three (3) years if the juvenile is adjudicated delinquent for an act that would be a Class B felony if committed by an adult.
(5) (A) The court must stay the additional disposition imposed pursuant to subdivision (g)(4). (B) The court shall conduct a hearing within four (4) months of the serious youthful offender's nineteenth birthday to review the offender's circumstances and determine whether the stayed additional disposition should be invoked. The court shall consider whether the serious youthful offender has: (i) Committed another delinquent act; (ii) Engaged in other conduct that creates a substantial safety risk; (iii) Failed to meet the conditions of supervision during the determinate disposition prior to the hearing; (iv) Failed to: (a) Attend school regularly with passing grades, unless prevented by illness; (b) Graduate from high school; (c) Obtain a high school equivalency credential approved by the state board of education; or (d) Regularly attend a Tennessee college of applied technology with passing grades; or (v) Failed to obtain regular employment or enroll in an institution of higher education, if the offender has graduated from high school or obtained a high school equivalency credential approved by the state board of education. (C) If the court finds any three (3) of the circumstances set forth in subdivision (g)(5)(B)(i)-(v), then the court shall revoke the stay and invoke the additional disposition.
(A) The court must stay the additional disposition imposed pursuant to subdivision (g)(4).
(B) The court shall conduct a hearing within four (4) months of the serious youthful offender's nineteenth birthday to review the offender's circumstances and determine whether the stayed additional disposition should be invoked. The court shall consider whether the serious youthful offender has: (i) Committed another delinquent act; (ii) Engaged in other conduct that creates a substantial safety risk; (iii) Failed to meet the conditions of supervision during the determinate disposition prior to the hearing; (iv) Failed to: (a) Attend school regularly with passing grades, unless prevented by illness; (b) Graduate from high school; (c) Obtain a high school equivalency credential approved by the state board of education; or (d) Regularly attend a Tennessee college of applied technology with passing grades; or (v) Failed to obtain regular employment or enroll in an institution of higher education, if the offender has graduated from high school or obtained a high school equivalency credential approved by the state board of education.
(i) Committed another delinquent act;
(ii) Engaged in other conduct that creates a substantial safety risk;
(iii) Failed to meet the conditions of supervision during the determinate disposition prior to the hearing;
(iv) Failed to: (a) Attend school regularly with passing grades, unless prevented by illness; (b) Graduate from high school; (c) Obtain a high school equivalency credential approved by the state board of education; or (d) Regularly attend a Tennessee college of applied technology with passing grades; or
(a) Attend school regularly with passing grades, unless prevented by illness;
(b) Graduate from high school;
(c) Obtain a high school equivalency credential approved by the state board of education; or
(d) Regularly attend a Tennessee college of applied technology with passing grades; or
(v) Failed to obtain regular employment or enroll in an institution of higher education, if the offender has graduated from high school or obtained a high school equivalency credential approved by the state board of education.
(C) If the court finds any three (3) of the circumstances set forth in subdivision (g)(5)(B)(i)-(v), then the court shall revoke the stay and invoke the additional disposition.
(6) (A) If the court revokes the stay, then the court may order the serious youthful offender to serve the additional disposition as originally imposed or the court may modify the length of the additional disposition, subject to the minimum requirements set forth in subdivision (g)(4); and (B) If the court imposes an additional disposition beyond a serious youthful offender's nineteenth birthday, then the court shall enter an order on or before the offender's nineteenth birthday committing the offender to the supervision of the department of correction to serve the additional sentence imposed by the juvenile court. Under no circumstances shall the serious youthful offender remain in the custody of the department of children's services beyond the offender's nineteenth birthday.
(A) If the court revokes the stay, then the court may order the serious youthful offender to serve the additional disposition as originally imposed or the court may modify the length of the additional disposition, subject to the minimum requirements set forth in subdivision (g)(4); and
(B) If the court imposes an additional disposition beyond a serious youthful offender's nineteenth birthday, then the court shall enter an order on or before the offender's nineteenth birthday committing the offender to the supervision of the department of correction to serve the additional sentence imposed by the juvenile court. Under no circumstances shall the serious youthful offender remain in the custody of the department of children's services beyond the offender's nineteenth birthday.
(7) If the court determines that the additional disposition should not be invoked, then the juvenile court shall enter an order terminating supervision as of the serious youthful offender's nineteenth birthday.
(8) The court shall make or cause to be made an audio recording of a dispositional hearing conducted pursuant to subdivisions (g)(1)-(4) or a disposition review hearing conducted pursuant to subdivisions (g)(5)-(7). The recording must include all proceedings in open court and such other proceedings as the judge may direct and must be preserved as part of the record of the hearing.
(9) A serious youthful offender supervised in a secure facility must be housed separate and removed from the general population. In determining the secure facility location of the serious youthful offender, the commissioner of correction shall take into consideration the proximity of the facility to the offender's home.
(10) During the time of any disposition served after the serious youthful offender's nineteenth birthday, the juvenile court has the same powers as a trial court, including, but not limited to, the authority to preside over probation revocation proceedings pursuant to § 40-35-311 . If the offender is found to have violated the conditions of probation or committed a new offense, then the juvenile court may impose any consequences that may be imposed on an adult offender serving a period of probation, and the court is not limited to the disposition authorized in this section.
Amended by 2024 Tenn. Acts, ch. 1007,s 6, eff. 1/1/2025, app. to all costs submitted for reimbursement on or after July 1, 2011.
Amended by 2024 Tenn. Acts, ch. 943,s 2, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 436, s 2, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 319, s 1, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 105, Secs.s 2, s 2 eff. 4/7/2021.
Amended by 2019 Tenn. Acts, ch. 510, s 6, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 313, s 1, eff. 5/8/2019.
Amended by 2016 Tenn. Acts, ch. 600, s 7, eff. 7/1/2016.
Amended by 2014 Tenn. Acts, ch. 757, s 1, eff. 4/24/2014.
Amended by 2013 Tenn. Acts, ch. 343, s 1, eff. 7/1/2013.
Acts 1970, ch. 600, § 31; 1979, ch. 143, § 10; 1983, ch. 9, § 2; T.C.A., § 37-231; Acts 1985, ch. 374, §§ 1-3; 1985, ch. 441, § 2; 1989, ch. 278, § 38; 1993, ch. 276, § 2; 1995, ch. 380, § 1; 1996, ch. 815, § 1; 1996, ch. 982, § 1; 1996, ch. 1079, §§ 73, 74, 92, 93; 1997 , ch. 500, § 1; 1997 , ch. 525, § 1; 2003 , ch. 238, § 5; 2005, ch. 57, § 1; 2005, ch. 265, § 1; 2007 , ch. 200, § 1; 2007 , ch. 314, § 1; 2008 , ch. 1052, §§ 1-3; 2009 , ch. 160, § 1.
Tenn. Code Ann. § 37-3-111 — TN Code / Title 37 / Chapter 3 / Section 37-3-111
Council on children's mental health care - Members - Meetings
Status: in_force

(a) There shall be a council on children's mental health care organized by the commission that shall design a plan for a statewide system of mental health care for children. (b) The council shall be co-chaired by the executive director of the commission on children and youth and the commissioner of mental health and substances abuse services, or either of their designees. (c) Members of the council shall include, but not be limited to: (1) The commissioners of children's services, finance and administration, health, human services, education, mental health and substance abuse services, and disability and aging, or their designees; (2) The director of the bureau of TennCare or the director's designee; (3) Two (2) persons from the department of mental health and substance abuse services who are selected by the commissioner of mental health and substance abuse services; provided, that one (1) person is familiar with children and youth services and one (1) person is familiar with alcohol and drug abuse services; (4) The chair of the commission on children and youth or the chair's designee; (5) One (1) member of the governor's personal staff appointed by the governor; (6) One (1) legislator appointed by the speaker of the senate and one (1) legislator appointed by the speaker of the house of representatives; and (7) One (1) representative from the comptroller of the treasury. (d) Other members of the council shall be selected by the co-chairs and shall include: (1) Four (4) parents of children who have received mental health services from a state agency or other provider and are chosen from nominations received from representatives of statewide organizations that advocate for or serve children's mental health needs, that provide for representation from each of the three (3) grand divisions of the state and from both urban and rural areas; (2) Two (2) persons who are under twenty-four (24) years of age and who are receiving or have received mental health services from a state agency or other provider and are chosen from nominations received from representatives of statewide organizations that advocate for or serve children's mental health needs; (3) Three (3) representatives of the community services agencies, or their successor organizations, as established pursuant to § 37-5-304 ; (4) Two (2) representatives of a statewide organization that advocates for children's mental health needs; (5) Two (2) representatives of providers of children's mental health services; and (6) Three (3) judges chosen by the Tennessee council of juvenile and family court judges that provide for representation from each of the three (3) grand divisions of the state and both urban and rural areas. (e) Following three (3) consecutive absences, the co-chairs may declare a vacancy and request that a new member be appointed pursuant to this section who meets the criteria of the replaced member. (f) The members of the council shall receive no salary. Only members of the council selected pursuant to subdivisions (d)(1) and (2) shall be reimbursed necessary travel and per diem expenses as prescribed in the comprehensive travel regulations by the commissioner of finance and administration for employees of this state; provided, that all other members who are employed by the state or who are holding elected office will be compensated and reimbursed in keeping with the performance of their official roles or capacities. (g) As well as serving as a voting member on the council, the executive director of the commission or the executive director's designee shall also serve as the chief administrative officer of the council. The executive director shall have the authority to conduct ordinary and necessary business in the name of the council in accordance with this section or as determined by the council. (h) The council shall meet as necessary to transact business; provided, that meetings shall be held at least quarterly and the meetings shall be open to organizations, agencies, and individuals who work in the area of children's mental health, including, but not limited to, mental health services, educational services, substance abuse services, recreational services, social services, health services, vocational services, operational services and nontraditional services, to seek opportunities to collaborate and improve the statewide system of children's mental health care. The council's quarterly meetings shall pay particular attention to interagency collaboration, funding, accountability, information management, and service array. (i) All meetings held by the council are subject to the open meeting provisions of title 8, chapter 44. Amended by 2024 Tenn. Acts, ch. 688,s 124, eff. 7/1/2024. Acts 2008 , ch. 1062, § 1; 2010 , ch. 1100, §§ 55-57; 2012 , ch. 575, §§ 1, 2.
(a) There shall be a council on children's mental health care organized by the commission that shall design a plan for a statewide system of mental health care for children.
(b) The council shall be co-chaired by the executive director of the commission on children and youth and the commissioner of mental health and substances abuse services, or either of their designees.
(c) Members of the council shall include, but not be limited to: (1) The commissioners of children's services, finance and administration, health, human services, education, mental health and substance abuse services, and disability and aging, or their designees; (2) The director of the bureau of TennCare or the director's designee; (3) Two (2) persons from the department of mental health and substance abuse services who are selected by the commissioner of mental health and substance abuse services; provided, that one (1) person is familiar with children and youth services and one (1) person is familiar with alcohol and drug abuse services; (4) The chair of the commission on children and youth or the chair's designee; (5) One (1) member of the governor's personal staff appointed by the governor; (6) One (1) legislator appointed by the speaker of the senate and one (1) legislator appointed by the speaker of the house of representatives; and (7) One (1) representative from the comptroller of the treasury.
(1) The commissioners of children's services, finance and administration, health, human services, education, mental health and substance abuse services, and disability and aging, or their designees;
(2) The director of the bureau of TennCare or the director's designee;
(3) Two (2) persons from the department of mental health and substance abuse services who are selected by the commissioner of mental health and substance abuse services; provided, that one (1) person is familiar with children and youth services and one (1) person is familiar with alcohol and drug abuse services;
(4) The chair of the commission on children and youth or the chair's designee;
(5) One (1) member of the governor's personal staff appointed by the governor;
(6) One (1) legislator appointed by the speaker of the senate and one (1) legislator appointed by the speaker of the house of representatives; and
(7) One (1) representative from the comptroller of the treasury.
(d) Other members of the council shall be selected by the co-chairs and shall include: (1) Four (4) parents of children who have received mental health services from a state agency or other provider and are chosen from nominations received from representatives of statewide organizations that advocate for or serve children's mental health needs, that provide for representation from each of the three (3) grand divisions of the state and from both urban and rural areas; (2) Two (2) persons who are under twenty-four (24) years of age and who are receiving or have received mental health services from a state agency or other provider and are chosen from nominations received from representatives of statewide organizations that advocate for or serve children's mental health needs; (3) Three (3) representatives of the community services agencies, or their successor organizations, as established pursuant to § 37-5-304 ; (4) Two (2) representatives of a statewide organization that advocates for children's mental health needs; (5) Two (2) representatives of providers of children's mental health services; and (6) Three (3) judges chosen by the Tennessee council of juvenile and family court judges that provide for representation from each of the three (3) grand divisions of the state and both urban and rural areas.
(1) Four (4) parents of children who have received mental health services from a state agency or other provider and are chosen from nominations received from representatives of statewide organizations that advocate for or serve children's mental health needs, that provide for representation from each of the three (3) grand divisions of the state and from both urban and rural areas;
(2) Two (2) persons who are under twenty-four (24) years of age and who are receiving or have received mental health services from a state agency or other provider and are chosen from nominations received from representatives of statewide organizations that advocate for or serve children's mental health needs;
(3) Three (3) representatives of the community services agencies, or their successor organizations, as established pursuant to § 37-5-304 ;
(4) Two (2) representatives of a statewide organization that advocates for children's mental health needs;
(5) Two (2) representatives of providers of children's mental health services; and
(6) Three (3) judges chosen by the Tennessee council of juvenile and family court judges that provide for representation from each of the three (3) grand divisions of the state and both urban and rural areas.
(e) Following three (3) consecutive absences, the co-chairs may declare a vacancy and request that a new member be appointed pursuant to this section who meets the criteria of the replaced member.
(f) The members of the council shall receive no salary. Only members of the council selected pursuant to subdivisions (d)(1) and (2) shall be reimbursed necessary travel and per diem expenses as prescribed in the comprehensive travel regulations by the commissioner of finance and administration for employees of this state; provided, that all other members who are employed by the state or who are holding elected office will be compensated and reimbursed in keeping with the performance of their official roles or capacities.
(g) As well as serving as a voting member on the council, the executive director of the commission or the executive director's designee shall also serve as the chief administrative officer of the council. The executive director shall have the authority to conduct ordinary and necessary business in the name of the council in accordance with this section or as determined by the council.
(h) The council shall meet as necessary to transact business; provided, that meetings shall be held at least quarterly and the meetings shall be open to organizations, agencies, and individuals who work in the area of children's mental health, including, but not limited to, mental health services, educational services, substance abuse services, recreational services, social services, health services, vocational services, operational services and nontraditional services, to seek opportunities to collaborate and improve the statewide system of children's mental health care. The council's quarterly meetings shall pay particular attention to interagency collaboration, funding, accountability, information management, and service array.
(i) All meetings held by the council are subject to the open meeting provisions of title 8, chapter 44.
Amended by 2024 Tenn. Acts, ch. 688,s 124, eff. 7/1/2024.
Acts 2008 , ch. 1062, § 1; 2010 , ch. 1100, §§ 55-57; 2012 , ch. 575, §§ 1, 2.
Tenn. Code Ann. § 37-1-142 — TN Code / Title 37 / Chapter 1 / Section 37-1-142
Nonresident child - Transfer from another state
Status: in_force

(a) If a juvenile court of another state requests a juvenile court of this state to accept jurisdiction of a child found by the requesting court to have committed a delinquent act or to be an unruly or dependent or neglected child, and the court of this state finds, after investigation that the child is, or is about to become, a resident of the county in which the court presides, it shall promptly and not later than fourteen (14) days after receiving the request issue its acceptance in writing to the requesting court and direct its probation officer or other person designated by it to take physical custody of the child from the requesting court, and bring the child before the court of this state or make other appropriate provisions for the child's appearance before the court. (b) Upon the filing of certified copies of the orders of the requesting court: (1) Determining that the child committed a delinquent act or is an unruly or dependent or neglected child; and (2) Committing the child to the jurisdiction of the juvenile court of this state, the court of this state shall immediately fix a time for a hearing on the need for treatment or rehabilitation and disposition of the child or on the continuance of any probation or protective supervision. (c) The hearing and notice thereof and all subsequent proceedings are governed by this part. The court may make any order of disposition permitted by the facts and this part. The orders of the requesting court are conclusive that the child committed the delinquent act or is an unruly or dependent or neglected child and of the facts found by the court in making the orders, subject only to § 37-1-139 . If the requesting court has made an order placing the child on probation or under protective supervision, a like order shall be entered by the court of this state. The court may modify or vacate the order in accordance with § 37-1-139 . Acts 1970, ch. 600, § 41; T.C.A., § 37-241.
(a) If a juvenile court of another state requests a juvenile court of this state to accept jurisdiction of a child found by the requesting court to have committed a delinquent act or to be an unruly or dependent or neglected child, and the court of this state finds, after investigation that the child is, or is about to become, a resident of the county in which the court presides, it shall promptly and not later than fourteen (14) days after receiving the request issue its acceptance in writing to the requesting court and direct its probation officer or other person designated by it to take physical custody of the child from the requesting court, and bring the child before the court of this state or make other appropriate provisions for the child's appearance before the court.
(b) Upon the filing of certified copies of the orders of the requesting court: (1) Determining that the child committed a delinquent act or is an unruly or dependent or neglected child; and (2) Committing the child to the jurisdiction of the juvenile court of this state, the court of this state shall immediately fix a time for a hearing on the need for treatment or rehabilitation and disposition of the child or on the continuance of any probation or protective supervision.
(1) Determining that the child committed a delinquent act or is an unruly or dependent or neglected child; and
(2) Committing the child to the jurisdiction of the juvenile court of this state, the court of this state shall immediately fix a time for a hearing on the need for treatment or rehabilitation and disposition of the child or on the continuance of any probation or protective supervision.
(c) The hearing and notice thereof and all subsequent proceedings are governed by this part. The court may make any order of disposition permitted by the facts and this part. The orders of the requesting court are conclusive that the child committed the delinquent act or is an unruly or dependent or neglected child and of the facts found by the court in making the orders, subject only to § 37-1-139 . If the requesting court has made an order placing the child on probation or under protective supervision, a like order shall be entered by the court of this state. The court may modify or vacate the order in accordance with § 37-1-139 .
Acts 1970, ch. 600, § 41; T.C.A., § 37-241.
Tenn. Code Ann. § 37-1-133 — TN Code / Title 37 / Chapter 1 / Section 37-1-133
Order of adjudication - Noncriminal
Status: in_force

(a) Except as provided in § 37-1-190, an order of disposition or other adjudication in a proceeding under this part is not a conviction of crime and does not impose any civil disability ordinarily resulting from a conviction or operate to disqualify the child in any state service or civil service application or appointment. A child shall not be committed or transferred to a penal institution or other facility used primarily for the execution of sentences of persons convicted of a crime, except as provided in § 37-1-134 . (b) The disposition of a child and evidence adduced in a hearing in juvenile court may not be used against such child in any proceeding in any court other than a juvenile court, whether before or after reaching majority, except in dispositional proceedings after conviction of a felony for the purposes of a pre-sentence investigation and report, a proceeding pursuant to § 39-17-1352 , or in a criminal prosecution for a violation of the prohibition on purchasing or possessing firearms imposed under § 37-1-190. (c) A child found to be delinquent shall be exempt from the operation of laws applicable to infamous crimes, and such child shall not be rendered infamous by the judgment of the juvenile court in which such child is tried. Amended by 2024 Tenn. Acts, ch. 973,s 9, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 973,s 8, eff. 7/1/2024. Acts 1970, ch. 600, § 33; T.C.A., § 37-233; Acts 2012 , ch. 800, § 49.
(a) Except as provided in § 37-1-190, an order of disposition or other adjudication in a proceeding under this part is not a conviction of crime and does not impose any civil disability ordinarily resulting from a conviction or operate to disqualify the child in any state service or civil service application or appointment. A child shall not be committed or transferred to a penal institution or other facility used primarily for the execution of sentences of persons convicted of a crime, except as provided in § 37-1-134 .
(b) The disposition of a child and evidence adduced in a hearing in juvenile court may not be used against such child in any proceeding in any court other than a juvenile court, whether before or after reaching majority, except in dispositional proceedings after conviction of a felony for the purposes of a pre-sentence investigation and report, a proceeding pursuant to § 39-17-1352 , or in a criminal prosecution for a violation of the prohibition on purchasing or possessing firearms imposed under § 37-1-190.
(c) A child found to be delinquent shall be exempt from the operation of laws applicable to infamous crimes, and such child shall not be rendered infamous by the judgment of the juvenile court in which such child is tried.
Amended by 2024 Tenn. Acts, ch. 973,s 9, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 973,s 8, eff. 7/1/2024.
Acts 1970, ch. 600, § 33; T.C.A., § 37-233; Acts 2012 , ch. 800, § 49.
Tenn. Code Ann. § 37-3-703 — TN Code / Title 37 / Chapter 3 / Section 37-3-703
Healthy start pilot project established - Objectives - Evaluation - Required disclosures
Status: in_force

(a) The state of Tennessee shall develop, coordinate, and implement a healthy start pilot project within ten (10) or more counties of the state. The healthy start pilot project shall be based upon the nationally recognized model, shall focus on home visitation and counseling services, and shall improve family functioning and eliminate abuse and neglect of infants and young children within families identified as high risk. Healthy start services for participating families shall extend at least through a child's first three (3) years of life. However, family participation shall be voluntary; and, if a family refuses healthy start services, then such refusal shall not be admissible in evidence for any subsequent cause of action. (b) Healthy start pilot projects shall ensure that: (1) Families are educated about child health and child development; (2) Families receive services to meet child health and development needs; (3) Families receive services as identified and prioritized by the family and the project; and (4) Services focus on empowering the family and strengthening life-coping and parenting skills. (c) Specific objectives for healthy start pilot projects shall include that: (1) Family stress is reduced and family functioning is improved; (2) All of the children receive immunizations by two (2) years of age; (3) All of the children receive developmental screening and follow-up services; (4) All of the children are free from abuse and neglect; and (5) Mothers are enrolled in prenatal care by the end of the first trimester of any subsequent pregnancy. (d) The state of Tennessee shall conduct ongoing evaluations of the healthy start pilot project and shall file a joint report, on or before December 31 of each year, with the governor and the chairs of the health and welfare committee of the senate and health committee of the house of representatives. All state agencies that provide services to children shall make available nonidentifying information about healthy start participants for the purpose of conducting the evaluation. The report shall include the following information for the preceding fiscal year: (1) The number of families receiving services through the pilot project; (2) The number of children at risk of abuse and neglect prior to initiative of service to families participating in the pilot project; (3) Among those children identified in subdivision (2), the number of children who have been the subjects of abuse and neglect reports; (4) The average cost of services provided under the pilot project; (5) The estimated cost of out-of-home placement, through foster care, group homes or other facilities, that reasonably would have otherwise been expended on behalf of children who successfully remain united with their families as a direct result of the project, based on average lengths of stay and average costs of such out-of-home placements; (6) The number of children who remain unified with their families and free from abuse and neglect for one (1), two (2), three (3), and four (4) years, respectively, while receiving project services; and (7) An overall statement of the achievements and progress of the pilot project during the preceding fiscal year, along with recommendations for improvement or expansion. (e) (1) When offering healthy start services to a family, the state or its contractor shall provide that family with a written statement and oral explanation. Both the statement and explanation shall describe the following information: (A) The purpose of the healthy start project; (B) Project services that may be offered; (C) The voluntary nature of participation and the family's right to decline services at any time; (D) The project records to be maintained with respect to participating families; and (E) The family's right to review project records pertaining to that family. (2) After providing the oral explanation, the state or its contractor shall, on the written statement, obtain signed consent from the parents or caretakers of a child. The parents or caretakers shall receive a copy of the signed statement and a copy will be maintained in the family's record. (3) Each participating family shall have the right to review project records pertaining to that family. The state or its contractor shall make such record available for review during regular office hours. Amended by 2013 Tenn. Acts, ch. 236,s 52, eff. 4/19/2013. Acts 1994, ch. 974, § 3; 1995, ch. 538, § 1; 2011, ch. 410, § 3(o).
(a) The state of Tennessee shall develop, coordinate, and implement a healthy start pilot project within ten (10) or more counties of the state. The healthy start pilot project shall be based upon the nationally recognized model, shall focus on home visitation and counseling services, and shall improve family functioning and eliminate abuse and neglect of infants and young children within families identified as high risk. Healthy start services for participating families shall extend at least through a child's first three (3) years of life. However, family participation shall be voluntary; and, if a family refuses healthy start services, then such refusal shall not be admissible in evidence for any subsequent cause of action.
(b) Healthy start pilot projects shall ensure that: (1) Families are educated about child health and child development; (2) Families receive services to meet child health and development needs; (3) Families receive services as identified and prioritized by the family and the project; and (4) Services focus on empowering the family and strengthening life-coping and parenting skills.
(1) Families are educated about child health and child development;
(2) Families receive services to meet child health and development needs;
(3) Families receive services as identified and prioritized by the family and the project; and
(4) Services focus on empowering the family and strengthening life-coping and parenting skills.
(c) Specific objectives for healthy start pilot projects shall include that: (1) Family stress is reduced and family functioning is improved; (2) All of the children receive immunizations by two (2) years of age; (3) All of the children receive developmental screening and follow-up services; (4) All of the children are free from abuse and neglect; and (5) Mothers are enrolled in prenatal care by the end of the first trimester of any subsequent pregnancy.
(1) Family stress is reduced and family functioning is improved;
(2) All of the children receive immunizations by two (2) years of age;
(3) All of the children receive developmental screening and follow-up services;
(4) All of the children are free from abuse and neglect; and
(5) Mothers are enrolled in prenatal care by the end of the first trimester of any subsequent pregnancy.
(d) The state of Tennessee shall conduct ongoing evaluations of the healthy start pilot project and shall file a joint report, on or before December 31 of each year, with the governor and the chairs of the health and welfare committee of the senate and health committee of the house of representatives. All state agencies that provide services to children shall make available nonidentifying information about healthy start participants for the purpose of conducting the evaluation. The report shall include the following information for the preceding fiscal year: (1) The number of families receiving services through the pilot project; (2) The number of children at risk of abuse and neglect prior to initiative of service to families participating in the pilot project; (3) Among those children identified in subdivision (2), the number of children who have been the subjects of abuse and neglect reports; (4) The average cost of services provided under the pilot project; (5) The estimated cost of out-of-home placement, through foster care, group homes or other facilities, that reasonably would have otherwise been expended on behalf of children who successfully remain united with their families as a direct result of the project, based on average lengths of stay and average costs of such out-of-home placements; (6) The number of children who remain unified with their families and free from abuse and neglect for one (1), two (2), three (3), and four (4) years, respectively, while receiving project services; and (7) An overall statement of the achievements and progress of the pilot project during the preceding fiscal year, along with recommendations for improvement or expansion.
(1) The number of families receiving services through the pilot project;
(2) The number of children at risk of abuse and neglect prior to initiative of service to families participating in the pilot project;
(3) Among those children identified in subdivision (2), the number of children who have been the subjects of abuse and neglect reports;
(4) The average cost of services provided under the pilot project;
(5) The estimated cost of out-of-home placement, through foster care, group homes or other facilities, that reasonably would have otherwise been expended on behalf of children who successfully remain united with their families as a direct result of the project, based on average lengths of stay and average costs of such out-of-home placements;
(6) The number of children who remain unified with their families and free from abuse and neglect for one (1), two (2), three (3), and four (4) years, respectively, while receiving project services; and
(7) An overall statement of the achievements and progress of the pilot project during the preceding fiscal year, along with recommendations for improvement or expansion.
(e) (1) When offering healthy start services to a family, the state or its contractor shall provide that family with a written statement and oral explanation. Both the statement and explanation shall describe the following information: (A) The purpose of the healthy start project; (B) Project services that may be offered; (C) The voluntary nature of participation and the family's right to decline services at any time; (D) The project records to be maintained with respect to participating families; and (E) The family's right to review project records pertaining to that family. (2) After providing the oral explanation, the state or its contractor shall, on the written statement, obtain signed consent from the parents or caretakers of a child. The parents or caretakers shall receive a copy of the signed statement and a copy will be maintained in the family's record. (3) Each participating family shall have the right to review project records pertaining to that family. The state or its contractor shall make such record available for review during regular office hours.
(1) When offering healthy start services to a family, the state or its contractor shall provide that family with a written statement and oral explanation. Both the statement and explanation shall describe the following information: (A) The purpose of the healthy start project; (B) Project services that may be offered; (C) The voluntary nature of participation and the family's right to decline services at any time; (D) The project records to be maintained with respect to participating families; and (E) The family's right to review project records pertaining to that family.
(A) The purpose of the healthy start project;
(B) Project services that may be offered;
(C) The voluntary nature of participation and the family's right to decline services at any time;
(D) The project records to be maintained with respect to participating families; and
(E) The family's right to review project records pertaining to that family.
(2) After providing the oral explanation, the state or its contractor shall, on the written statement, obtain signed consent from the parents or caretakers of a child. The parents or caretakers shall receive a copy of the signed statement and a copy will be maintained in the family's record.
(3) Each participating family shall have the right to review project records pertaining to that family. The state or its contractor shall make such record available for review during regular office hours.
Amended by 2013 Tenn. Acts, ch. 236,s 52, eff. 4/19/2013.
Acts 1994, ch. 974, § 3; 1995, ch. 538, § 1; 2011, ch. 410, § 3(o).
Tenn. Code Ann. § 37-1-180 — TN Code / Title 37 / Chapter 1 / Section 37-1-180
Rights of child in hearing to review custody
Status: in_force

If the court sets a hearing to review the status of the child under § 37-1-179 , the child shall have the same rights as in the original commitment proceeding under §§ 33-3-605 , 33-3-608 , 33-3-610 - 33-3-616, and 33-3-620. If and only if the court finds on the basis of clear, unequivocal, and convincing evidence that the child is subject to commitment to the custody of the department under § 37-1-175 , the court may order that the child remain in the temporary legal custody of the department. If the court does not so find, the department's custody terminates at the end of the hearing. Acts 2000, ch. 947, § 7.
If the court sets a hearing to review the status of the child under § 37-1-179 , the child shall have the same rights as in the original commitment proceeding under §§ 33-3-605 , 33-3-608 , 33-3-610 - 33-3-616, and 33-3-620. If and only if the court finds on the basis of clear, unequivocal, and convincing evidence that the child is subject to commitment to the custody of the department under § 37-1-175 , the court may order that the child remain in the temporary legal custody of the department. If the court does not so find, the department's custody terminates at the end of the hearing.
Acts 2000, ch. 947, § 7.