reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-112 - Transfer to another court within state - Appeals

(a)
If the child resides in a county of this state and the proceeding is commenced in a court of another county, the court, on motion of a party or on its own motion after a finding of fact, may transfer the proceeding to the county of the child's residence for further action. Like transfer may be made if the residence of the child changes pending the proceeding. The proceeding may be transferred if the child has been adjudicated delinquent or unruly, or neglected or abandoned and other proceedings involving the child are pending in the juvenile court of the county of the child's residence.
(b)
If a juvenile court proceeding is commenced under this part and a proceeding involving the child's custody is also commenced or pending in the circuit, chancery or general sessions court exercising domestic relations jurisdiction, the juvenile court, on motion of a party or on its own motion after an adjudication making specific findings of fact pursuant to §
37-1-129(a)(2)
and after ordering any essential services for the child and family, may transfer the custody proceeding to the court where the pending matter has been commenced. Like transfer may be made if the residence of the child changes during the pendency of the juvenile court proceedings. The transfer shall only occur upon a finding of fact by the transferring court that the transfer will be in the best interest of the child, will promote judicial economy, will provide a more reasonable or convenient forum, or for other good cause. The transferring court may communicate with the receiving court concerning the transfer of the case. The transfer of the custody proceeding to another court exercising domestic relations jurisdiction, except to another juvenile court, shall not occur if the case involves allegations of dependency, neglect or abuse and the child is in the custody of the department of children's services.
(c)
Certified copies of all legal and social documents and records pertaining to the case on file with the clerk of the court shall accompany the transfer.
(d)
An appeal of a transfer decision under this part shall be to the court of appeals in accordance with the Tennessee Rules of Appellate Procedure.
Acts 1970, ch. 600, § 12; 1972, ch. 592, § 1; T.C.A., § 37-212; Acts 2001, ch. 297, §§ 2 - 4.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-113 - Taking into custody - Grounds

(a)
A child may be taken into custody:
(1)
Pursuant to an order of the court under this part;
(2)
Pursuant to the laws of arrest;
(3)
By a law enforcement officer, social worker of the department of human services, or duly authorized officer of the court, if there are reasonable grounds to believe that the conditions specified in §
37-1-114(a)(2)
exist; or
(4)
By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child has run away from the child's parents, guardian or other custodian.
(b)
The taking of a child into custody is not an arrest, except for the purpose of determining its validity under the Constitution of Tennessee or the Constitution of the United States.
Acts 1970, ch. 600, § 13; 1977, ch. 482, § 14; 1981, ch. 247, § 2; T.C.A., § 37-213.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-118 - Subpoenas

Upon application of a party, the court or the clerk of the court shall issue, or the court on its own motion may issue, subpoenas requiring attendance and testimony of witnesses and production of papers at any hearing under this part.
Acts 1970, ch. 600, § 18; T.C.A., § 37-218.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-119 - Petition - Who may make

The petition may be made by any person, including a law enforcement officer, who has knowledge of the facts alleged or is informed and believes that they are true.
Acts 1970, ch. 600, § 19; T.C.A., § 37-219.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-121 - Service of process

Service of process for juvenile court proceedings may be completed by any individual authorized to serve process under the Tennessee Rules of Civil Procedure or the Tennessee Rules of Juvenile Procedure, including, but not limited to, a sheriff, constable, or private process server.
Acts 2018, ch. 535, § 37-221.
Prior version repealed by 2016 Tenn. Acts, ch. 717,s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-122 - Summons - Attachment where summons ineffectual

(a)
After the petition has been filed, the clerk shall schedule a time for a hearing and issue summonses to the parties. In case a summons cannot be served or the party served fails to obey the same, and in any case where it is made to appear to the court that such summons will be ineffectual, except as described in subsection (b), an attachment may issue, on the order of the court, against the:
(1)
Parent or guardian;
(2)
Person having custody of the child;
(3)
Person with whom the child may be; or
(4)
Child.
(b)
(1)
An attachment for a violation of conditions or limitations of probation pursuant to §
37-1-131
or §
37-1-132
, home placement supervision pursuant to §
37-1-137
, or diversion pursuant to §
37-1-129
shall not issue unless:
(A)
The child poses a significant likelihood of:
(i)
Significant injury or sexual assault to another person;
(ii)
Danger to self, such that a delay would endanger the child's safety or health; or
(iii)
Damage to property;
(B)
The child cannot be located by the supervising person, persons, or entity after documented efforts to locate the child by the supervising person, persons, or entity; or
(C)
The child fails to appear for a court proceeding.
(2)
If the child has an attorney of record, that attorney must be served with any attachment request made to the court.
(3)
A child may not be detained pursuant to an attachment under this subsection (b), unless the child meets the criteria of §
37-1-114
.
Amended by 2019 Tenn. Acts, ch. 312,Secs.s4, s5, s6 eff. 5/8/2019.
Amended by 2018 Tenn. Acts, ch. 1052,s 16, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 717,s 2, eff. 7/1/2016.
Acts 1970, ch. 600, § 22; T.C.A., § 37-222.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-123 - Use of detention

Detention shall not be ordered as a disposition under §
37-1-132
, and neither a child nor that child's attorney may waive the detention-related prohibitions of that section, including as part of any pre-adjudication agreements.
Amended by 2019 Tenn. Acts, ch. 510,s 5, eff. 7/1/2019.
Added by 2018 Tenn. Acts, ch. 1052,s 46, eff. 7/1/2019.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-124 - [Effective Until 1/1/2025] Conduct of hearing

(a)
Hearings pursuant to this part shall be conducted by the court without a jury, in an informal but orderly manner, separate from other proceedings not included in §
37-1-103
.
(b)
The district attorney general or city or county attorney, or any attorney, upon request of the court, shall present the evidence in support of the petition and otherwise conduct the proceedings on behalf of the state.
(c)
Minutes of all proceedings shall be kept by the court.
Amended by 2016 Tenn. Acts, ch. 600, s 3, eff. 7/1/2016.
Acts 1970, ch. 600, § 24; T.C.A., § 37-224; Acts 2007 , ch. 199, §§ 3, 4.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-125 - Party served by publication - Provisional hearing - Interlocutory order

(a)
If, after reasonable effort, a party cannot be found, or the party's postal address cannot be ascertained, regardless of whether the party is within this state, the court may order service of the summons upon the party by publication in accordance with §§
21-1-203
and
21-1-204
. The published summons shall indicate the general nature of the allegations and where a copy of the petition may be obtained. The hearing shall not be earlier than five (5) days after the date of the last publication.
(b)
If service of summons upon a party is made by publication, the court may conduct a provisional hearing upon the allegations of the petition and enter an interlocutory order of disposition if the:
(1)
Petition alleges delinquency, unruly conduct, or dependency or neglect of the child;
(2)
Summons served upon any party:
(A)
States that prior to the final hearing on the petition designated in the summons a provisional hearing thereon will be held at a specified time and place;
(B)
Requires the party who is served other than by publication to appear and answer the allegations of the petition at the provisional hearing;
(C)
States further that findings of fact and orders of disposition made pursuant to the provisional hearing will become final at the final hearing unless the party served by publication appears at the final hearing; and
(D)
[Deleted by 2016 amendment.]
(3)
Child is personally before the court at the provisional hearing.
(c)
All provisions of this part applicable to a hearing on a petition, orders of disposition, and other proceedings dependent thereon, apply under this section, but findings of fact and orders of disposition have only interlocutory effect pending the final hearing on the petition. The rights and duties of the party served by publication are not affected, except as provided in subsection (d).
(d)
If the party served by publication fails to appear at the final hearing on the petition, the findings of fact and interlocutory orders made become final without further evidence and are governed by this part as if made at the final hearing. If the party appears at the final hearing, the findings and orders shall be vacated and disregarded and the hearing shall proceed upon the allegations of the petition without regard to this section.
Amended by 2016 Tenn. Acts, ch. 717,Secs.s4, s5 eff. 7/1/2016.
Acts 1970, ch. 600, § 25; T.C.A., § 37-225.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-133

(a)
Except as provided in § 37-1-189, 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.
(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, 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 § 37-1-189.
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.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-135 - Mentally ill or developmentally disabled child - Disposition

If, at a dispositional hearing or at a hearing to transfer a child under §
37-1-134
, there is reason to believe the child may be suffering from mental illness or is developmentally disabled, the court may proceed under §
37-1-128(d)
.
Acts 1970, ch. 600, § 35; 1973, ch. 127, § 17; 1980, ch. 639, § 2; T.C.A., § 37-235; Acts 1985, ch. 437, § 32; 1986, ch. 836, § 2; imp. am. Acts 2000, ch. 947, § 6.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-138 - Liability for expenses of returning juvenile to custody of department of children's services

(a)
The parent or other person who is the physical custodian of a juvenile shall reimburse the state for any expenses incurred by the state in returning such juvenile to the department if:
(1)
The juvenile is in the legal custody of the department of children's services;
(2)
The juvenile has been temporarily released for a definite period of time to the physical custody of such parent or custodian; and
(3)
The juvenile has not returned to the physical custody of the department at the time designated for such return in the temporary release.
(b)
The department shall notify the parent or other custodian of this liability prior to release of such juvenile.
(c)
The department has the authority to initiate an appropriate civil action in order to collect any proceeds to which it is entitled under the provisions of subsection (a). For any judgment rendered in the state's favor, execution shall issue as provided by law.
Acts 1982, ch. 569, § 1; T.C.A., § 37-284; Acts 1989, ch. 278, § 38; 1996, ch. 1079, § 73.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-139 - Modification of orders

(a)
Except as provided in §
36-1-113(q)
, an order of the court shall be set aside if it appears that:
(1)
It was obtained by fraud or mistake sufficient to satisfy the legal requirements in any other civil action;
(2)
The court lacked jurisdiction over a necessary party or of the subject matter; or
(3)
Newly discovered evidence so requires.
(b)
Except for an order terminating parental rights or an order of dismissal, an order of the court may be changed or modified:
(1)
Upon a finding of changed circumstances and that the change or modification is in the best interest of the child;
(2)
If the order contains clerical mistakes; or
(3)
If newly discovered evidence so requires.
(c)
In no event shall modification of an agreed order result in a child being placed into the custody of the department of children's services without the appropriate petition having been filed with the clerk of the court alleging the child to be dependent, neglected, abused, unruly, or delinquent. This subsection (c) shall not be construed as eliminating the judicial findings required for children in state custody by §§
37-1-166
and
37-2-409
or as otherwise required by case law and federal regulations.
(d)
[Deleted by 2016 amendment.]
(e)
[Deleted by 2016 amendment.]
Amended by 2016 Tenn. Acts, ch. 717,s 6, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 600,Secs.s9, s10 eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 600,s 8, eff. 7/1/2016.
Acts 1970, ch. 600, § 38; T.C.A., § 37-238; Acts 1989, ch. 278, § 40; 1995, ch. 532, § 12; 1996, ch. 1079, § 73; 2007, ch. 199, §§ 5-8.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-140 - Legal custodian - Duties

(a)
A custodian to whom legal custody has been given by the court under this part has the right to the physical custody of the child, the right to determine the nature of the care and treatment of the child, including ordinary medical care and the right and duty to provide for the care, protection, training and education, and the physical, mental and moral welfare of the child, subject to the conditions and limitations of the order and to the remaining rights and duties of the child's parents or guardian. A custodian is also responsible for providing notices as required in §
49-6-3051
, to the principal of the school in which the child is enrolled.
(b)
As an alternative to a parent or guardian transferring legal custody pursuant to this section or as otherwise provided by law, a parent or guardian may temporarily provide for the care of a child by executing a power of attorney for care of a minor child, pursuant to the Power of Attorney for Care of a Minor Child Act, compiled in title 34, chapter 6, part 3.
Acts 1970, ch. 600, § 39; T.C.A., § 37-239; Acts 2003, ch. 71, § 2; 2003, ch. 238, § 1.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-141 - Residence change - Transfer of jurisdiction to another state

(a)
If the court finds that a child who has been adjudged to have committed a delinquent act or to be unruly or dependent or neglected is or is about to become a resident of another state, the court may defer a hearing on need for the treatment or rehabilitation and disposition and request, by any appropriate means, the juvenile court of the county of the child's residence or prospective residence to accept jurisdiction of the child.
(b)
If the child becomes a resident of another state while on probation or under protective supervision under order of a juvenile court of this state, the court may request the juvenile court of the county of the state in which the child has become a resident to accept jurisdiction of the child and to continue the child's probation or protective supervision.
(c)
Upon receipt and filing of an acceptance, the court of this state shall transfer custody of the child to the accepting court and cause the child to be delivered to the person designated by that court to receive the child's custody. It also shall provide that court with certified copies of the order adjudging the child to be a delinquent, unruly or dependent or neglected child, of the order of transfer, and, if the child is on probation or under protective supervision under order of the court, of the order of disposition. It also shall provide that court with a statement of the facts found by the court of this state and any recommendations and other information it considers of assistance to the accepting court in making a disposition of the case or in supervising the child on probation or otherwise.
(d)
Upon compliance with subsection (c), the jurisdiction of the court of this state over the child is terminated.
Acts 1970, ch. 600, § 40; T.C.A., § 37-240.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-142 - Nonresident child - Transfer from another state

(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.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-143 - Out-of-state custody and supervision

Subject to the provisions of this part governing dispositions and to the extent that funds of the county are available, the court may place a child in the custody of a suitable person in another state. On obtaining the written consent of a juvenile court of another state, the court of this state may order that the child be placed under the supervision of a probation officer or other appropriate person designated by the accepting court. One (1) certified copy of the order shall be sent to the accepting court and another filed with the clerk of the county of the requesting court of this state.
Acts 1970, ch. 600, § 42; T.C.A., § 37-242.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-144 - Supervision under out-of-state order

(a)
Upon receiving a request of a juvenile court of another state to provide supervision of a child under the jurisdiction of that court, a court of this state may issue its written acceptance to the requesting court and designate its probation or other appropriate officer who is to provide supervision, stating the probable cost per day therefor.
(b)
Upon the receipt and filing of a certified copy of the order of the requesting court placing the child under the supervision of the officer so designated, the officer shall arrange for the reception of the child from the requesting court, provide supervision pursuant to the order and to this part, and report thereon from time to time together with any recommendations the officer may have to the requesting court.
(c)
The court of this state may terminate supervision at any time by notifying the requesting court. In that case, or if the supervision is terminated by the requesting court, the probation officer supervising the child shall return the child to a representative of the requesting court authorized to receive the child.
Acts 1970, ch. 600, § 43; T.C.A., § 37-243.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-145 - Out-of-state probation officers - Powers

If a child has been placed on probation or protective supervision by a juvenile court of another state and the child is in this state with or without the permission of that court, the probation officer of that court or other person designated by that court to supervise or take custody of the child has all the powers and privileges in this state with respect to the child as given by this part to like officers or persons of this state, including the right of visitation, counseling, control and direction, taking into custody and returning to that state.
Acts 1970, ch. 600, § 44; T.C.A., § 37-244.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-146 - Juvenile traffic offenders

(a)
All cases of alleged traffic violations by children coming within this part shall be heard and disposed of upon a traffic ticket or citation signed by a law enforcement officer that describes in general terms the nature of the violation. Such cases may be disposed of through informal adjustment, pretrial diversion, or judicial diversion; in any case, however, the child or the child's parents may request and shall be granted a hearing before the judge.
(b)
If the court finds that the child violated a traffic law or ordinance, the court may adjudicate the child to be a traffic violator, and the court may make one (1) or any combination of the following decisions:
(1)
Suspend and hold the child's driver license for a specified or indefinite time;
(2)
Limit the child's driving privileges as an order of the court;
(3)
Order the child to attend traffic school, if available, or to receive driving instructions;
(4)
Impose a fine of not more than fifty dollars ($50.00) against the child's parent or legal guardian;
(5)
Perform community service work in lieu of a fine; or
(6)
Place the child on probation pursuant to §
37-1-131(a)(2)
.
(c)
In any case or class of cases, the judge of any juvenile court may waive jurisdiction of traffic violators who are sixteen (16) years of age or older, and such cases shall be heard by the court or courts having jurisdiction of adult traffic violations, or the child's parent or legal guardian may pay the stipulated fine to a traffic bureau.
Amended by 2019 Tenn. Acts, ch. 312,s 9, eff. 5/8/2019.
Amended by 2018 Tenn. Acts, ch. 1052,s 44, eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 1052,s 43, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 600,s 11, eff. 7/1/2016.
Acts 1970, ch. 600, § 45; T.C.A., § 37-245.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-147 - Termination of parental rights

(a)
The juvenile court shall be authorized to terminate the rights of a parent or guardian to a child upon the grounds and pursuant to the procedures set forth in title 36, chapter 1, part 1.
(b)
Upon entering an order to terminate parental or guardian rights to a child, the court shall award guardianship or partial guardianship of the child as provided in the relevant provisions of title 36, chapter 1, part 1.
(c)
The effect of the court's order terminating parental or guardian rights shall be as provided in §
36-1-113
.
Acts 1970, ch. 600, § 46; 1977, ch. 482, § 6; 1981, ch. 316, § 4; 1981, ch. 348, §§ 3, 4; 1983, ch. 435, §§ 4, 5; T.C.A., § 37-246; Acts 1985, ch. 478, § 31; 1991, ch. 126, § 1; 1995, ch. 532, § 13.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-148 - Illegal use of telecommunication device by minor

(a)
A minor commits illegal use of a telecommunication device who:
(1)
Intentionally or knowingly, by use of a telecommunication device, transmits, distributes, publishes, or disseminates a photograph, video, or other material that contains a sexually explicit image of a minor or an image of sexual activity involving a minor; or
(2)
Intentionally possesses a photograph, video, or other material that contains a sexually explicit image of a minor or an image of sexual activity involving a minor.
(b)
A minor does not violate subdivision (a)(2) if:
(1)
The minor did not solicit the photograph, video, or other material; and
(2)
The minor:
(A)
Deleted the photograph, video, or other material; or
(B)
Reported the photograph, video, or other material to the minor's parent or legal guardian or to a school or law enforcement official.
(c)
Illegal use of a telecommunication device committed under subsection (a) is considered an unruly act, for which a court may make a disposition as authorized by §
37-1-132
.
Amended by 2021 Tenn. Acts, ch. 147, s 1, eff. 7/1/2021.
Added by 2017 Tenn. Acts, ch. 367, s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-149 - Guardian ad litem - Special advocate - Appointment

(a)
(1)
The court at any stage of a proceeding under this part, on application of a party or on its own motion, shall appoint a guardian ad litem for a child who is a party to the proceeding if such child has no parent, guardian or custodian appearing on such child's behalf or such parent's, guardian's or custodian's interests conflict with the child's or in any other case in which the interests of the child require a guardian. The court, in any proceeding under this part resulting from a report of harm or an investigation report under §§
37-1-401
- 37-1-411, shall appoint a guardian ad litem for the child who was the subject of the report. A party to the proceeding or the party's employee or representative shall not be appointed.
(2)
Any guardian ad litem appointed by the court shall receive training appropriate to that role prior to such appointment. Such training shall include, but is not limited to, training in early childhood, child and adolescent development provided by a qualified professional.
(b)
(1)
The court may also appoint a nonlawyer special advocate trained in accordance with that role and in accordance with the standards of the Tennessee Court Appointed Special Advocates Association (CASA) to act in the best interest of a child before, during and after court proceedings.
(2)
The court-appointed special advocate shall conduct such investigation and make such reports and recommendations pertaining to the welfare of a child as the court may order or direct.
(3)
Any guardian ad litem or special advocate so appointed by the court shall be presumed to be acting in good faith and in so doing shall be immune from any liability that might otherwise be incurred while acting within the scope of such appointment.
Acts 1970, ch. 600, § 48; 1973, ch. 81, § 4; T.CA., § 37-248; Acts 1990, ch. 929, § 1; 2004, ch. 584, §§ 1, 2; 2012, ch. 1016, § 2.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-152 - Injunctive relief

At the commencement or during the pendency of any matter, or as part of its dispositional order, the court may, on application of a party or on its own motion, grant injunctive relief upon such terms as the court may deem proper.
Amended by 2016 Tenn. Acts, ch. 600,s 12, eff. 7/1/2016.
Acts 1970, ch. 600, § 50; 1983, ch. 196, §§ 1, 2; T.C.A., § 37-250; Acts 1985, ch. 478, § 39.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-157 - Contributing to dependency - Penalties - Jurisdiction of court

(a)
When any child is alleged to be a dependent and neglected child, the parent, guardian or other person who by any willful act causes, contributes to or encourages such dependency and neglect commits a Class A misdemeanor, triable in the circuit or criminal court.
(b)
In such a case when the defendant pleads not guilty, the juvenile court judge has the power to bind the defendant over to the grand jury as in cases of misdemeanors under the criminal laws of this state. In such case, when the defendant pleads not guilty, the juvenile court judge has the power to bind the defendant over to the grand jury or to proceed to hear the case on its merits without the intervention of a jury if the defendant requests the hearing in juvenile court and expressly waives in writing an indictment, presentment, grand jury investigation and jury trial. In the event the defendant enters a plea of guilty, the juvenile court judge has the same power as the circuit or criminal court in making final disposition of the case.
(c)
Reliance by a parent, guardian or custodian upon remedial treatment, other than medical or surgical treatment for a child, when such treatment is legally recognized or legally permitted under the laws of this state, shall not subject such parent, guardian or custodian to any of the penalties hereunder.
(d)
Subsection (a) shall not be construed to impose criminal liability upon a mother based solely upon her act of voluntarily delivering a newborn infant to a facility pursuant to §
68-11-255
.
Acts 1970, ch. 600, § 55; 1971, ch. 189, § 6; 1980, ch. 796, § 4; T.C.A., § 37-255; Acts 1989, ch. 591, § 111; 2001, ch. 388, § 3.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-158 - Contempt of court

The court may punish a person for contempt of court for disobeying an order of the court or for obstructing or interfering with the proceedings of the court or the enforcement of its orders by imposing a fine or imprisonment as prescribed for circuit, chancery or appellate courts pursuant to title 29, chapter 9.
Acts 1970, ch. 600, § 57; 1971, ch. 189, § 5; T.C.A., § 37-257.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-160 - Interstate flight by juvenile felon - Applicability of part

(a)
This part shall not apply to any person who violates:
(1)
Any law of this state defining a felony, and is at the time of such violation less than eighteen (18) years of age, if such person thereafter flees from this state. Any such person may be proceeded against in the manner otherwise provided by law for proceeding against persons accused of a felony. Upon the return of such person to this state by extradition or otherwise, proceedings shall be commenced in the manner provided for in this part;
(2)
Any law of another state defining a felony, and is at the time of such violation less than eighteen (18) years of age, if such person thereafter flees from that state into this state. Any such person may be proceeded against as an adult in the manner provided in the Uniform Criminal Extradition Act, compiled in title 40, chapter 9. Pending rendition to the demanding state, the juvenile shall be detained as provided in §
37-1-116
; provided, that nothing in this subdivision (a)(2) shall prevent a juvenile from being released pursuant to §
40-9-106
.
(b)
This section does not apply in any case where proceedings under the Interstate Compact for Juveniles, compiled in chapter 4, part 1 of this title, are applicable.
Acts 1977, ch. 219, § 1; T.C.A., §§ 37-282, 37-286.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-161 - Reimbursement account

(a)
There is hereby established a reimbursement account, which shall be comprised of such amount of federal funds as are set aside by the commission on children and youth from the state's allocation under the Juvenile Justice and Delinquency Prevention Act formula grant funds and of state funds, if funds for such purpose are appropriated in the general appropriations act. The reimbursement account shall be used to provide financial assistance to counties for removing children from adult jails.
(b)
(1)
A child who meets the criteria of §
37-1-114(c)
for placement in a secure facility and who is taken into custody in a county that does not operate a secure juvenile detention facility may, with the approval of the juvenile court having jurisdiction in the matter, receive alternative services provided through the reimbursement account.
(2)
A child who meets the criteria of §
37-1-114(c)
for placement in a secure facility and who is taken into custody in a county that has established a secure juvenile detention facility since the passage of legislation effective May 26, 1983, that prohibits the placement of children in adult jails may, with the approval of the juvenile court having jurisdiction in the matter, receive nonsecure alternative services provided through the reimbursement account.
(c)
The commission on children and youth shall promulgate regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the administration of the reimbursement account. The regulations shall include, but not be limited to, the following factors:
(1)
Reporting requirements;
(2)
A maximum amount of payment per day;
(3)
Maximum length of stay;
(4)
Qualifications of service providers; and
(5)
Allowable services, which shall include, but not be limited to, the following items:
(A)
Transportation;
(B)
Secure detention;
(C)
Emergency shelter care;
(D)
Emergency foster care; and
(E)
Attendant care.
(d)
The juvenile court having jurisdiction in the matter shall make a determination concerning the ability of a child's parent or guardian to pay for all or part of the services eligible for reimbursement account payment. If the parent or guardian is able to pay for all or part of such services, the court shall require such payment from the parent or guardian.
Acts 1984, ch. 856, § 1; 1986, ch. 837, §§ 3, 4; 1988, ch. 979, § 5; 2012, ch. 1026, § 1.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-162 - Supplement and account for juvenile court services improvement

(a)
A supplement shall be provided by the state each year to counties for the improvement of juvenile court services. Such supplements shall be administered by the department of children's services and distributed by the department to participating counties. Where more than one (1) court exercises juvenile court jurisdiction within a single county, each court shall receive an equitable share of the county's allocation, as determined by percentage of juvenile court intakes or some other appropriate measure. Each court accepting such funds shall employ a youth services officer to be appointed and supervised by the court.
(b)
The department shall establish policies regarding application and reporting procedures, adequate minimum educational requirements for youth services officers, and permissible uses of funds received under this section, including, but not limited to, requirements that such funds shall not be used to supplant funds formerly used by counties for juvenile court services, to pay salaries or personal expenses of juvenile court judges, or to construct or remodel jails or other facilities used for the detention or housing of adults alleged to have committed or been convicted of criminal offenses.
Acts 1984, ch. 856, §§ 2, 3; 2012, ch. 1026, § 2.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-163 - Financial obligations

(a)
Financial obligations shall not be assessed against a child in a delinquent or unruly case, including in any order of disposition under §
37-1-131
or §
37-1-132
, though this does not affect the assessment of restitution pursuant to §
37-1-131(b)
. However, the court may order parents, legal custodians, or guardians to pay financial obligations in accordance with the provisions of this part. Restitution to any victim shall be prioritized over all financial obligations.
(b)
Failure to pay or timely pay any financial obligations or restitution assessed to the child or the child's parents, guardian, or legal custodian shall not serve as a sole basis for continued court jurisdiction over or supervision of a child.
(c)
Failure to pay or timely pay any financial obligations or restitution assessed to the child, child's parents, legal custodians, or guardians shall not serve as a basis for placement in the custody of the department or other removal of the child from the child's home, including the home of a parent, guardian, or legal custodian, for any length of time.
(d)
The court shall consider the child's parents, legal custodians, or guardians' financial ability to pay in determining the amount of any financial obligations incurred or assessed by the state or county as described in this part. The court may decline to assess financial obligations if the court determines that assessment would pose financial hardship to the parents, legal custodians, or guardians.
(e)
Any financial obligations ordered shall not be referred to any collection service as defined by §
62-20-102
.
Acts 2018, ch. 1052, § 47.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-164 - Risk and needs assessment

(a)
A validated risk and needs assessment shall be used in all delinquent cases post disposition in making decisions and recommendations regarding programming and treatment.
(b)
The department may make available a validated tool for use by any juvenile court; however, any juvenile court may instead choose to use a different validated tool.
(c)
Any risk and needs assessment tool that is adopted by a juvenile court or the department must periodically undergo a validation study to ensure that the risk and needs assessment is predictive of the risk of reoffending of the population on which the tool is being administered.
(d)
Each delinquent child ordered to probation supervision under §
37-1-131
or committed to the custody of the department shall undergo a validated risk and needs assessment within seven (7) days of the court's disposition, excluding nonjudicial days, to inform supervision level, referrals to programs and services, and case planning.
(e)
In delinquent cases, the court may order that a risk and needs assessment be conducted prior to disposition if there is written agreement from the child, the child's parent, guardian, or legal custodian, and, if applicable, the child's attorney. A child may undergo such a risk and needs assessment prior to disposition to identify specific factors that predict a child's likelihood of reoffending and, when appropriately addressed, may reduce the likelihood of reoffending, and the results of the risk and needs assessment shall be provided to the court prior to or at the time of the disposition of the child.
(f)
The administrative office of the courts may provide to each juvenile court having jurisdiction over a child charged with a delinquent or unruly offense the results of any validated risk and needs assessment concerning that child completed by another juvenile court; provided, that the judge or magistrate of the court having jurisdiction shall not access, review, or otherwise utilize such results before disposition.
Amended by 2021 Tenn. Acts, ch. 184, s 2, eff. 7/1/2021.
Acts 2018, ch. 1052, § 48.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-165 - Contracts among counties to pool juvenile justice supplements

Any two (2) or more contiguous counties may contract to pool the state juvenile justice supplements received by such counties through the commission on children and youth in order to provide more effective and efficient provision of services, including the employment of one (1) or more persons to provide full-time assistance throughout the contracting counties. Any combination of counties may so contract, but where feasible, counties desiring to pool their supplements should attempt to act within the judicial district of which they constitute a part.
Acts 1985 (1st Ex. Sess.), ch. 6, § 5.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-167 - Removal from abusive parent or other party

If a child has suffered either sexual abuse or aggravated child abuse at the hands of a parent, legal guardian or caregiver, that child shall not be placed back in the care of the abusive party unless the judge finds by clear and convincing evidence that a threat to the child's safety no longer exists.
Acts 1994, ch. 978, § 6.
2023 Tennessee Code › Title 37 - JUVENILES (§§ 37-1-NEW — 37-11-103) › Chapter 1 - JUVENILE COURTS AND PROCEEDINGS (§§ 37-1-NEW — 37-1-910) › Part 1 - GENERAL PROVISIONS (§§ 37-1-NEW — 37-1-189) › Section 37-1-168 - Juvenile-family crisis intervention programs - General provisions

(a)
The department of children's services shall establish juvenile-family crisis intervention programs to provide continuous twenty-four (24) hour on-call service designed to attend and stabilize juvenile-family crises. The crisis intervention program may, in appropriate cases, work with the family on a short-term basis. The juvenile-family crisis intervention program may make referrals for appropriate services needed to continue resolution of the crisis.
(b)
The juvenile-family crisis intervention programs may serve as an alternative to juvenile court in situations where a juvenile-family crisis exists and there has been either:
(1)
A request by a parent or juvenile for intervention; or
(2)
A referral by a public or private agency, educational institution or any other organization serving children, that has contact with the juvenile or family, and has reason to believe that a family crisis exists.
(c)
If there has already been court intervention through the filing of a petition or otherwise, the court may refer appropriate cases to the juvenile-family crisis intervention program. If the department is providing non-custodial services to a child or family, or both, it may provide services through its juvenile-family crisis intervention program if appropriate.
(d)
If, in the judgment of the juvenile-family crisis intervention program, a juvenile-family crisis continues to exist despite the provision of crisis intervention services and the exhaustion of appropriate community services, then the juvenile-family crisis intervention program shall, in writing or through sworn testimony, certify to the juvenile court that there is no other less drastic measure than court intervention. The court may then proceed by accepting a petition or acting on a pending petition and hold a hearing to determine what is in the best interest of the child consistent with §
37-1-132
and any other applicable laws under this part.
Acts 1994, ch. 1000, §§ 2, 4; 1996, ch. 1079, § 106; 2008, ch. 906, § 1.