reglab/housing_qa huggingface dataset:
TN Code § 37-1-301 (2021)
2021 Tennessee Code|Title 37 - Juveniles|Chapter 1 - Juvenile Courts and Proceedings|Part 3 - Juvenile Post-Commitment Procedures Act|§ 37-1-301. Short Title

 This part shall be known and may be cited as the “Juvenile Post-Commitment Procedures Act.”
TN Code § 37-1-302 (2021)
2021 Tennessee Code|Title 37 - Juveniles|Chapter 1 - Juvenile Courts and Proceedings|Part 3 - Juvenile Post-Commitment Procedures Act|§ 37-1-302. Petition for Post-Commitment Relief

 A juvenile in the custody of the department of children's services pursuant to a commitment by a juvenile court of this state may petition for post-commitment relief under this part at any time after the juvenile has exhausted the juvenile's appellate remedies or time for an appeal to the circuit court pursuant to § 37-1-159, or the juvenile's appeal in the nature of a writ of error from the judgment of the circuit court has passed and before the juvenile has been discharged from the custody of the department.
TN Code § 37-1-303 (2021)
2021 Tennessee Code|Title 37 - Juveniles|Chapter 1 - Juvenile Courts and Proceedings|Part 3 - Juvenile Post-Commitment Procedures Act|§ 37-1-303. Filing of Petition — Designation of Judge to Hear and Determine Petition

  To begin proceedings under this part, the petitioner shall file a written petition with the clerk of the chancery or circuit court in the county in which the commitment occurred, naming the state of Tennessee as the respondent. No filing fee shall be charged.   The petition shall be heard by the judge of the chancery or circuit court in which the petition was filed. If the petition is filed in the circuit court where a de novo hearing regarding the petitioner's juvenile court commitment was heard, the case shall be heard by the chancellor of the county or other trial judge by interchange as authorized by title 17, chapter 2. Where an issue is raised as to the effective assistance of counsel representing the petitioner at the de novo hearing in the circuit court, the circuit court judge who presided over that hearing, where available, shall hear and determine the petition.
TN Code § 37-1-304 (2021)
2021 Tennessee Code|Title 37 - Juveniles|Chapter 1 - Juvenile Courts and Proceedings|Part 3 - Juvenile Post-Commitment Procedures Act|§ 37-1-304. Contents of Petition

  The petition shall briefly and clearly state:  Petitioner's full name and address;   The charge upon which petitioner's commitment is based;   The name and location of the juvenile court that committed the petitioner;   The date of commitment;   What restraint of liberty is presently being imposed;   Who is imposing the present restraint, and when it commenced;   Any appeals and all other applications for relief previously filed, including the date decided, the court, the grounds asserted, and the results;   The names of the attorneys who have represented petitioner and at what stage of the proceedings;   Facts establishing the grounds upon which the claim for relief is based, whether they have been previously presented to any court and, if not, why not;   Whether the petitioner has an attorney and, if not, whether the petitioner has funds to hire an attorney; and   Any other information required by rule of the Tennessee supreme court.     The petition shall have attached affidavits, records, or other evidence supporting its allegations, or shall state why they are not attached.
TN Code § 37-1-305 (2021)
2021 Tennessee Code|Title 37 - Juveniles|Chapter 1 - Juvenile Courts and Proceedings|Part 3 - Juvenile Post-Commitment Procedures Act|§ 37-1-305. Grounds for Relief

 Relief under this part shall be granted when petitioner's commitment is void or voidable because of the abridgement in any way of any right guaranteed by the laws or constitution of this state, or the Constitution of the United States, including a right that was not recognized as existing at the time of the trial if either constitution requires retrospective application of that right.
TN Code § 37-1-306 (2021)
2021 Tennessee Code|Title 37 - Juveniles|Chapter 1 - Juvenile Courts and Proceedings|Part 3 - Juvenile Post-Commitment Procedures Act|§ 37-1-306. Court Action Upon Receipt of Petition

 When the chancery or circuit court receives any petition applying for relief under this part, it shall forthwith:   Make three (3) copies of the petition;   Docket and file the original petition and its attachments;   Mail one (1) copy of the petition to the attorney general and reporter;   Mail or forward one (1) copy of the petition to the district attorney general of the district in which the petition was filed;   Mail or forward one (1) copy of the petition to petitioner's attorney; and   Notify the juvenile court judge responsible for committing the petitioner.
TN Code § 37-1-307 (2021)
2021 Tennessee Code|Title 37 - Juveniles|Chapter 1 - Juvenile Courts and Proceedings|Part 3 - Juvenile Post-Commitment Procedures Act|§ 37-1-307. Petition Not to Be Dismissed for Failure to Follow Form — Amended Petition

  No petition for relief shall be dismissed for failure to follow the prescribed form or procedure until the court has given the petitioner reasonable opportunity, with the aid of counsel, to file an amended petition.   Nothing in this section shall be construed to prohibit the court from dismissing a petition under this part when it does not state a proper claim for relief.
TN Code § 37-1-308 (2021)
2021 Tennessee Code|Title 37 - Juveniles|Chapter 1 - Juvenile Courts and Proceedings|Part 3 - Juvenile Post-Commitment Procedures Act|§ 37-1-308. Application for Habeas Corpus — When Allowed

 An application for a writ of habeas corpus on behalf of a petitioner entitled to apply pursuant to this part shall not be entertained if it appears that the applicant has failed to apply for relief pursuant to this part with the chancery or circuit court in the county of commitment, unless the petitioner establishes that an application under this part would be inadequate or ineffective.
TN Code § 37-1-309 (2021)
2021 Tennessee Code|Title 37 - Juveniles|Chapter 1 - Juvenile Courts and Proceedings|Part 3 - Juvenile Post-Commitment Procedures Act|§ 37-1-309. Grounds for Dismissal of Petition — Hearing on Petition — Issuance of Orders or Stays

  When the petition has been competently drafted, and all pleadings, files and records of the case that are before the court conclusively show that the petitioner is entitled to no relief, the court may order the petition dismissed.   In all other cases, the court shall grant a hearing as soon as practicable.   The court shall issue such interlocutory order, including a stay of execution, as may be required.
TN Code § 37-1-310 (2021)
2021 Tennessee Code|Title 37 - Juveniles|Chapter 1 - Juvenile Courts and Proceedings|Part 3 - Juvenile Post-Commitment Procedures Act|§ 37-1-310. Appearance of Petitioner at Hearing — Transportation of Petitioner

  If the petitioner has had no prior evidentiary hearing under this part and in other cases where the petitioner's petition raises substantial questions of facts as to events in which the petitioner participated, the petitioner shall appear and testify.    The superintendent of the institution that has custody of the petitioner shall arrange for transportation of the petitioner to and from the court upon proper orders issued by the judge. The sheriff of the county where the proceedings are pending shall have the authority to receive and transport the petitioner to and from the institution and the court, if the court so orders, or if for any reason the superintendent is unable to transport the petitioner.   The sheriff shall be entitled to the same costs allowed for the transportation of prisoners as provided in criminal cases upon the presentation of the account certified by the judge and district attorney general.
TN Code § 37-1-311 (2021)
2021 Tennessee Code|Title 37 - Juveniles|Chapter 1 - Juvenile Courts and Proceedings|Part 3 - Juvenile Post-Commitment Procedures Act|§ 37-1-311. Scope of Hearing

 The scope of the hearing shall extend to all grounds the petitioner has stated in the petitioner's petition, except those grounds that the court finds should be excluded because they have been waived or previously determined, as defined in § 37-1-312.
TN Code § 37-1-312 (2021)
2021 Tennessee Code|Title 37 - Juveniles|Chapter 1 - Juvenile Courts and Proceedings|Part 3 - Juvenile Post-Commitment Procedures Act|§ 37-1-312. Grounds for Relief “Previously Determined” or “Waived” Defined

  A ground for relief is “previously determined” if a court of competent jurisdiction has ruled on the merits after a full hearing.   A ground for relief is “waived” if the petitioner knowingly and understandingly fails to present it for determination in any proceeding before a court of competent jurisdiction in which the ground could have been presented. There is a rebuttable presumption that a ground for relief not raised in any such proceeding that was held was waived.
TN Code § 37-1-313 (2021)
2021 Tennessee Code|Title 37 - Juveniles|Chapter 1 - Juvenile Courts and Proceedings|Part 3 - Juvenile Post-Commitment Procedures Act|§ 37-1-313. Documents and Records Furnished to Indigent Petitioner

 After a petition has been filed, if the judge finds that the petitioner is indigent as defined in § 40-14-201, the judge is empowered to issue an order directed to the clerk of any court in Tennessee to furnish to the petitioner or to petitioner's counsel, without cost to the petitioner, certified copies of such documents or parts of the record on file in the clerk's office as may be required.
TN Code § 37-1-314 (2021)
2021 Tennessee Code|Title 37 - Juveniles|Chapter 1 - Juvenile Courts and Proceedings|Part 3 - Juvenile Post-Commitment Procedures Act|§ 37-1-314. District Attorney General to Represent State — Attorney General and Reporter to Represent State on Appeal

   The district attorney general of the district in which the petition was filed shall represent the state and respond by proper pleading on behalf of the state within thirty (30) days after receiving notice of the docketing or within such time as the court orders.   If the petition does not include the records or transcripts, or parts of records or transcripts that are material to the questions raised therein, the district attorney general is empowered to obtain them at the expense of the state and shall file them with the responsive pleading or within a reasonable time thereafter.   The district attorney general shall be reimbursed for any expenses, including travel incurred in connection with the preparation and trial of any proceeding under this part. These expenses shall be paid by the state of Tennessee, and shall not be included in the expense allowance now received by the various district attorneys general.     It is the duty and function of the attorney general and reporter and the attorney general and reporter's staff to lend whatever assistance may be necessary to the district attorney general in the trial and disposition of such cases.   In the event an appeal to the court of appeals is taken from the judgment of the trial court hearing a petition pursuant to this part, or in the event a delayed appeal in the nature of a writ of error is granted from the judgment of the circuit court pursuant to § 37-1-319, the attorney general and reporter and the attorney general and reporter's staff shall represent the state and prepare and file all necessary briefs in the same manner as now performed in connection with criminal appeals.
TN Code § 37-1-315 (2021)
2021 Tennessee Code|Title 37 - Juveniles|Chapter 1 - Juvenile Courts and Proceedings|Part 3 - Juvenile Post-Commitment Procedures Act|§ 37-1-315. Withdrawal or Amendment of Petition — Technical Defects Not Grounds for Dismissal Without Opportunity to Amend

  The court may grant leave to withdraw the petition at any time prior to the entry of the judgment, may freely allow amendments, and shall require amendments needed to achieve substantial justice and a full and fair hearing of all available grounds for relief. The district attorney general shall be allowed a reasonable time to respond to any amendments.   The court shall look to the substance rather than the form of the petition, and no petition shall be dismissed for technical defects, incompleteness or lack of clarity until after the petitioner has had reasonable opportunity, with aid of counsel, to file amendments.
TN Code § 37-1-316 (2021)
2021 Tennessee Code|Title 37 - Juveniles|Chapter 1 - Juvenile Courts and Proceedings|Part 3 - Juvenile Post-Commitment Procedures Act|§ 37-1-316. Evidence — Oral Testimony, Depositions, Affidavits

 Evidence may be taken orally or by deposition or, in the discretion of the court, by affidavit. If affidavits are admitted, any party shall have the right to propound written interrogatories to the affiants or to file answering affidavits.
TN Code § 37-1-317 (2021)
2021 Tennessee Code|Title 37 - Juveniles|Chapter 1 - Juvenile Courts and Proceedings|Part 3 - Juvenile Post-Commitment Procedures Act|§ 37-1-317. Relief Granted — Costs — Final Order — Record of Counsel's Consultations With Petitioner

  If the court finds that there was such a denial or infringement of the constitutional or statutory rights of the juvenile so as to render the commitment void or voidable, the court shall vacate and set aside the judgment or order a delayed appeal as hereinafter provided, and shall enter an appropriate order and any supplementary orders that may be necessary and proper.   Costs shall be taxed as in criminal cases.   Upon the final disposition of every petition, the court shall enter a final order, and, except where the proceedings for delayed appeal are allowed, shall set forth in the order or a written memorandum of the case all of the grounds presented and shall state the findings of fact and conclusions of law with regard to each ground.   Where the petitioner has court-appointed counsel, the court may require petitioner's counsel to file a verified statement of dates and times counsel has consulted with petitioner, and this statement shall become part of the record.
TN Code § 37-1-318 (2021)
2021 Tennessee Code|Title 37 - Juveniles|Chapter 1 - Juvenile Courts and Proceedings|Part 3 - Juvenile Post-Commitment Procedures Act|§ 37-1-318. Copies of Final Judgment

 The clerk of the court shall send a copy of the final judgment to the petitioner, the petitioner's counsel of record, any authority imposing restraint on the petitioner, the district attorney general, and the attorney general and reporter.
TN Code § 37-1-319 (2021)
2021 Tennessee Code|Title 37 - Juveniles|Chapter 1 - Juvenile Courts and Proceedings|Part 3 - Juvenile Post-Commitment Procedures Act|§ 37-1-319. Delayed Appeal — Grounds for Granting — Finality of Order

  When the judge conducting a hearing pursuant to this part finds that the petitioner was denied the right to an appeal to the circuit court from the judgment of the juvenile court or to an appeal from the judgment of the circuit court in violation of the laws and Constitution of Tennessee or the Constitution of the United States, the judge can grant a delayed appeal to the circuit court or a delayed appeal in the nature of a writ of error from the judgment of the circuit court, whichever is appropriate.   Any bill of exceptions filed pursuant to this section may be approved by any judge of the court wherein the petitioner's hearing occurred, irrespective of whether such judge presided over the case at the time of the original hearing.   An order granting proceedings for a delayed appeal shall be deemed a final judgment for purposes of the review provided by § 37-1-321.   The judge of the court that committed a juvenile who has sought and obtained relief from that commitment by any procedure in a federal court is likewise empowered to grant the relief provided in this section.
TN Code § 37-1-320 (2021)
2021 Tennessee Code|Title 37 - Juveniles|Chapter 1 - Juvenile Courts and Proceedings|Part 3 - Juvenile Post-Commitment Procedures Act|§ 37-1-320. Indigency

 Indigency shall be determined, and counsel and court reporters appointed and reimbursed, as now provided for criminal and habeas corpus cases by title 40, chapter 14, parts 2 and 3.
TN Code § 37-1-321 (2021)
2021 Tennessee Code|Title 37 - Juveniles|Chapter 1 - Juvenile Courts and Proceedings|Part 3 - Juvenile Post-Commitment Procedures Act|§ 37-1-321. Finality of Order — Appeal

 The order granting or denying relief under the provisions of this part shall be deemed a final judgment, and an appeal may be taken to the court of appeals by simple appeal. A motion for a new trial shall not be required for such an appeal.
TN Code § 37-1-322 (2021)
2021 Tennessee Code|Title 37 - Juveniles|Chapter 1 - Juvenile Courts and Proceedings|Part 3 - Juvenile Post-Commitment Procedures Act|§ 37-1-322. Promulgation of Rules by Supreme Court — Release of Petitioner on Bail or Temporary Custody

  The supreme court may promulgate rules of practice and procedure consistent with this part, including rules prescribing the form and contents of the petition, the preparation and filing of the record and assignments of error for simple appeal and for delayed appeal in the nature of a writ of error and may make petition forms available for use by petitioners.   When an appeal to the circuit court or a delayed appeal in the nature of a writ of error from the judgment of such court is granted pursuant to § 37-1-319, release on bail or temporary custody placement within the jurisdiction shall be discretionary with the circuit court judge pending further proceedings. In all other cases, the petitioner shall not be entitled to bail.
TN Code § 37-1-401 (2021)
2021 Tennessee Code|Title 37 - Juveniles|Chapter 1 - Juvenile Courts and Proceedings|Part 4 - Mandatory Child Abuse Reports|§ 37-1-401. Part Definitions

 As used in this part, unless the context otherwise requires:   “Child” means a person who is under eighteen (18) years of age or who is reasonably presumed to be under eighteen (18) years of age;   “Department” means the department of children's services; and   “Report of harm” means a report filed under § 37-1-403.
TN Code § 37-1-402 (2021)
2021 Tennessee Code|Title 37 - Juveniles|Chapter 1 - Juvenile Courts and Proceedings|Part 4 - Mandatory Child Abuse Reports|§ 37-1-402. Purpose and Construction of Part

  The purpose of this part is to protect children whose physical or mental health and welfare are adversely affected by brutality, abuse or neglect by requiring reporting of suspected cases by any person having cause to believe that such case exists. It is intended that, as a result of such reports, the protective services of the state shall be brought to bear on the situation to prevent further abuses, to safeguard and enhance the welfare of children, and to preserve family life. This part shall be administered and interpreted to provide the greatest possible protection as promptly as possible for children.   Except as expressly herein provided, this part shall not be construed as repealing any provision of any other statute but shall be supplementary thereto and cumulative thereof.
TN Code § 37-1-404 (2021)
2021 Tennessee Code|Title 37 - Juveniles|Chapter 1 - Juvenile Courts and Proceedings|Part 4 - Mandatory Child Abuse Reports|§ 37-1-404. Retention of Custody of Child by Hospital or Physician — Protective Custody

  Any person in charge of a hospital or similar institution or any physician treating a child may keep that child in custody until the next regular weekday session of the juvenile court without the consent of the parents, legal guardian or legal custodian, whether or not additional medical treatment is required, if the circumstances are such, or if the condition of the child is such, that continuing the child in the child's place of residence or in the care or custody of the parents, legal guardian, or legal custodian presents an imminent danger to the child's life or physical or mental health.   Any person taking a child into protective custody shall immediately notify the department, whereupon the department shall immediately begin a child protective investigation in accordance with the provisions of § 37-1-606, and shall make every reasonable effort to immediately notify the parents, legal guardian or legal custodian that such child has been taken into protective custody.   If the department determines, according to the criteria set forth in § 37-1-114, that the child should remain in protective custody longer than the next regular weekday session of the juvenile court, it shall petition the court for an order authorizing such custody in the same manner as if the child were placed in a shelter.   The department shall attempt to avoid the placement of a child in an institution whenever possible.
TN Code § 37-1-405 (2021)
2021 Tennessee Code|Title 37 - Juveniles|Chapter 1 - Juvenile Courts and Proceedings|Part 4 - Mandatory Child Abuse Reports|§ 37-1-405. Reference of Reported Cases to Local Director — Notice to Judge

   All cases reported to the juvenile court judge or to state or local law enforcement officers shall be referred immediately to the local director of the county office of the department for investigation.   If the court or law enforcement officer finds that there are reasonable grounds to believe that the child is suffering from illness or injury or is in immediate danger from the child's surroundings and that the child's removal is necessary, appropriate protective action shall be taken under part 1 of this chapter.      The county office of the department or the office of the sheriff or the chief law enforcement official of the municipality where the child resides, upon receipt of a report of harm or sexual abuse, shall give notice of the report to the judge having juvenile jurisdiction where the child resides.   If the case appears to involve severe child abuse as defined in § 37-1-102, including child sexual abuse, the county director of the department shall immediately notify and consult with the district attorney general where the harm occurred, and the district attorney general may take such action as the district attorney general deems appropriate, including petitioning the court for removal of the child or termination of parental rights in accordance with part 1 of this chapter. Whenever there are multiple investigations, the department, the district attorney general, law enforcement, and, where applicable, the child protection team, shall coordinate their investigations to the maximum extent possible so that interviews with the victimized child shall be kept to an absolute minimum. Reference to the audio or videotape or tapes made by the child protection team or department should be utilized whenever possible to avoid additional questioning of the child.   If, before the investigation is complete, the county office of the department or the local district attorney general determines that immediate removal is necessary to protect the child or other children, or if the district attorney general determines that influence is being exerted on a child victim of sexual abuse to change the child victim's testimony, the department or the district attorney general may proceed under part 1 of this chapter.
TN Code § 37-1-407 (2021)
2021 Tennessee Code|Title 37 - Juveniles|Chapter 1 - Juvenile Courts and Proceedings|Part 4 - Mandatory Child Abuse Reports|§ 37-1-407. Guidelines for Child Safety Training Programs

 By January 1, 2019, the department shall develop instructional guidelines for child safety training programs for members of professions that frequently deal with children who may be at risk of abuse, which programs include the common signs of child abuse, human trafficking when a child is the victim, and child sexual abuse; how to identify children at risk of abuse, human trafficking, or sexual abuse; and the reporting requirements of this part. The department shall work with each licensing board to ensure that any child safety training program created by a licensing board fully and accurately reflects the best practices for identifying and reporting child abuse, human trafficking when a child is the victim, and child sexual abuse as appropriate for each profession.