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 37-1-169 - Referrals by juvenile court to crisis intervention program

(a)
By promulgation of local rules of the juvenile court, a referral may be made to the department of children's services juvenile-family crisis intervention program in the following instances:
(1)
Where there is an allegation that a child is unruly; or
(2)
Where there is an allegation that a juvenile-family crisis exists.
(b)
Nothing in this section shall preclude the court or the department from taking any necessary action that shall be required to provide to a child any protective services, including, but not limited to, emergency protective custody.
Acts 1994, ch. 1000, § 3; 1996, ch. 1079, § 107.
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 37-1-171 - Written orders - Presumptions - Forms

(a)
When a court desires to commit a child to the department of children's services under this part, it shall do so by written order that finds that the child has been adjudicated dependent and neglected, unruly, delinquent or meets the criteria in §
37-1-175
. If the written order fails to make a specific adjudication of the child, it shall be presumed that the court has found the child dependent and neglected. Commitments to the department shall be consistent with all other laws regarding adjudication and commitment to the department. Nothing in this part shall be interpreted as prohibiting taking children into emergency protective services custody without a prior adjudication.
(b)
When a court commits a child to the department, the court shall address the issue of child support under §
37-1-151(b)
.
(c)
The department shall prepare a form for the court to use when committing a child to custody. Such form shall be completed and transmitted along with the court's commitment order to the department at the time of the child's commitment.
Acts 1996, ch. 1079, § 72; 2000, ch. 947, § 8G.
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 37-1-172 - Use and disposition of federal funds

(a)
The court shall not direct the department of children's services' or its contractors' or agents' use or disposition of any federal funds for which any child or person in the care of the department is eligible or may receive and for which the department may be payee on behalf of such child or person including, but not limited to, Social Security survivors benefits under Title II of the federal Social Security Act, compiled in
42 U.S.C. § 401
et seq., and supplemental security income benefits under Title XVI of the federal Social Security Act, compiled in
42 U.S.C. § 1381
et seq., foster care or adoption assistance benefits received pursuant to Title IV-E of the Adoption Assistance Act of 1980 of the federal Social Security Act, compiled in
42 U.S.C. § 670
et seq., or veteran's benefits, railroad retirement benefits or black lung benefits or any successor entitlements that are provided by federal law.
(b)
Funds received under any federal benefits programs shall be processed, utilized and accounted for by the department pursuant only to federal regulations or federal court orders governing those programs.
Acts 1996, ch. 1079, § 75.
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 37-1-174 - Order affecting delinquent juvenile's parent or guardian

(a)
If an unemancipated child commits a delinquent or unruly act that brings the child within the jurisdiction of the juvenile court and if the child's parent or legal guardian, who is not the victim of the act that brings the child within the jurisdiction of the juvenile court, did not take reasonable steps to control such delinquent or unruly conduct, then the court may order the parent or legal guardian to do one (1) or more of the following:
(1)
Participate in the child's program of treatment and rehabilitation;
(2)
Seek assistance from school officials, social service officials or other appropriate public or private resources and authorities to provide treatment and rehabilitation for the child;
(3)
Complete community service work individually or jointly with the child; or
(4)
Provide supervision to ensure that the child complies with any and all conditions and requirements that the court has ordered the child to follow.
(b)
If the parent or legal guardian violates or refuses to comply with the order of the juvenile court, then the parent or legal guardian may be held in contempt pursuant to §
37-1-158
; and the juvenile court may fine the parent or legal guardian up to fifty dollars ($50.00), may incarcerate the parent or legal guardian in the county jail for up to ten (10) days or may impose both fine and incarceration. However, prior to holding any such parent or guardian in contempt, the parent or legal guardian shall be served with notice and shall be given a reasonable opportunity to be heard by the court.
(c)
This section shall not apply to the department of children's services acting in its capacity as custodian or guardian of any child.
Acts 1997, ch. 465, § 2; 2000, ch. 834, §§ 1, 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 37-1-175 - Temporary legal custody for children with mental illnesses

IF AND ONLY IF
(1)
a child is the subject of a proceeding under this chapter, AND
(2)
the child is mentally ill, AND
(3)
the child needs care, training, or treatment because of the mental illness, AND
(4)
all available less drastic alternatives to committing the child to the temporary legal custody of the department are unsuitable to meet the child's needs for care, training, or treatment for the mental illness,
THEN
(5)
a juvenile court may commit the child to the temporary legal custody of the department in proceedings conducted in conformity with §§
33-3-602
- 33-3-608, 33-3-610 - 33-3-620, and 33-6-505 - 33-6-508, to meet the child's needs for care, training, or treatment for the mental illness.
Acts 1986, ch. 836, § 3; 1996, ch. 1079, §§ 37-39; T.C.A., § 33-3-203; Acts 2000, ch. 947, § 7.
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 37-1-176 - Providing care, training or treatment in least drastic alternative way

IF
(1)
a juvenile court commits a child to the temporary legal custody of the department under §
37-1-175
,
THEN
(2)
the department shall provide the necessary care, training, or treatment for the child in the least drastic alternative way that is available and suitable to meet the child's needs, AND
(3)
community mental health centers and community programs that receive grants or contracts from the department to provide such services to children shall, at the direction of the department, provide the community-based services necessary to meet the child's needs for treatment in the least drastic alternative to hospitalization, AND
IF AND ONLY IF
(4)
(A)
placing the child in inpatient care in a hospital or treatment resource is the least drastic alternative way that is available to the department and is suitable to meet the child's needs,
THEN
(B)
the department shall apply for the child's admission to a hospital or treatment resource under title 33, chapter 6, part 2 or 4 or shall initiate proceedings under title 33, chapter 6, part 5.
Acts 2000, ch. 947, § 7.
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 37-1-177 - Person filing for commitment

If an evaluation under §
37-1-128(d)
shows that a child may be subject to commitment to the temporary legal custody of the department, the juvenile court may direct any person it determines to be suitable for the purpose to file a complaint under §
37-1-175
.
Acts 2000, ch. 947, § 7.
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 37-1-178 - Discharge

If a child no longer meets the standards under which the child was hospitalized or admitted to a treatment resource under §
37-1-176(4)
, the child shall be discharged under title 33, chapter 6, part 7, and the child shall remain in the custody of the department until the department's custody is terminated under §§
37-1-179
and
37-1-180
.
Acts 2000, ch. 947, § 7.
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 37-1-179 - Reporting status of child who no longer meets commitment standards - Retention of custody

If a child no longer meets the standards under which the child was committed to the custody of the department under §
37-1-175
, the department shall make a full report of the status of the child to the committing court. If the committing court objects to the termination of the department's custody, the court shall set a hearing on the matter within fifteen (15) days of the date of the report, with such hearing to be held at the earliest possible date. The department shall retain custody pending the outcome of the hearing. If the court does not set a hearing, the department's custody terminates at the end of the fifteenth day after the date of the report unless the court has approved an earlier termination.
Acts 2000, ch. 947, § 7.
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 37-1-180 - Rights of child in hearing to review custody

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.
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 37-1-181 - Judges to conduct proceedings

Proceedings under §§
37-1-175
- 37-1-181 may be held only by judges who are lawyers or by magistrates.
Acts 2000, ch. 947, § 7; 2009, ch. 235, § 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 37-1-183 - Dependent and neglected child to remain in related caregiver's custody if in best interest of child

If the court finds that a child is dependent and neglected as defined in §
37-1-102(b)(13)(J)
, the court shall order the child to remain in the related caregiver's custody if such an arrangement is in the best interest of the child. Any future order for modification or termination of the related caregiver's custody brought by the child's parent shall be based on a finding, by a preponderance of the evidence, that there has been a material change in circumstances. When making such a determination, the court may consider whether the child's parent is currently able and willing to care for the child or that the related caregiver is unable to continue to care for the child.
Amended by 2017 Tenn. Acts, ch. 263,s 4, eff. 7/1/2017.
Acts 2009, ch. 411, § 11.
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 37-1-184 - Provider performance metrics

(a)
The department shall develop a system of performance-based metrics and incentives to use with the state institutions, foster and group homes, and any other entities, public or private, that are authorized by law to receive or provide care or services for children under this part.
(b)
These metrics and incentives should encourage use of graduated responses, evidence-based programming, and an intended timeline of three (3) to six (6) months for successful program completion.
Acts 2018, ch. 1052, § 50.
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 37-1-185 - Report on juvenile justice data collection

The administrative office of the courts, the department of children's services, and the commission on children and youth shall jointly submit a report addressing statewide data collection in the juvenile justice system, on or before January 1, 2019, to the governor, speaker of the senate, and speaker of the house of representatives. Appropriate school and law enforcement personnel shall be consulted in preparing the report. This report shall include:
(1)
A plan to effectuate comprehensive, accurate collection of data and performance measures from all juvenile courts in the state pursuant to any relevant statutory provisions;
(2)
Uniform definitions and criteria for data collection to ensure clear and consistent reporting across all agencies and counties;
(3)
Proposed forms for future data collection from juvenile courts and county-level agencies; and
(4)
Any other recommendations relevant to improving statewide data collection in the juvenile justice system.
Amended by 2021 Tenn. Acts, ch. 184, s 4, eff. 7/1/2021.
Acts 2018 , ch. 1052, § 51.
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 37-1-186 - Notification of resources and funding for relative caregivers - Distribution of information

(a)
As used in this section, "relative caregiver" means a person within a first, second, or third degree of relationship to the parent or step-parent of a child who may be related through blood, marriage, or adoption.
(b)
Any court that issues an order granting custody or guardianship of a child to a person who qualifies as a relative caregiver shall notify the relative caregiver that resources and funding for relative caregivers may be available through programs administered by the department.
(c)
The department shall distribute information on available relative caregiver resources to the administrative office of the courts, and the administrative office of the courts shall distribute the information to each court within the state that issues orders regarding child custody or guardianship. For purposes of satisfying the requirements of this subsection (c), the distribution of resource information may be accomplished by electronic means.
Added by 2019 Tenn. Acts, ch. 130,s 1, 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 37-1-188 - Presumption that subsequent child may be dependent or neglected - Notice - Hearing

(a)
This section is known and may be cited as "Eli's law".
(b)
Notwithstanding this part to the contrary, there is a presumption that any child that is born to a parent, from whose custody a child has previously been removed for being dependent or neglected and the child who was previously removed is in the custody of the department of children's services, may be dependent or neglected and that it is in the best interest of both children that the child's birth be brought to the court's attention.
(c)
Upon learning of the birth of the subsequent child, the department shall notify the court that adjudicated the first child dependent and neglected and any other party entitled to notice of the subsequent child's birth.
(d)
Upon receiving the notice, the court should immediately schedule a hearing to inquire into the effect of the subsequent child's birth upon the case before the court and to address any further needed steps to protect the safety and well-being of the family.
Added by 2021 Tenn. Acts, ch. 568,s 1, eff. 7/1/2021.
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 2 - JUVENILE COURT RESTRUCTURE ACT OF 1982 (§§ 37-1-201 — 37-1-214) › Section 37-1-201 - Short title - Legislative intent

(a)
This part shall be known and may be cited as the "Juvenile Court Restructure Act of 1982."
(b)
It is the purpose of this part to provide in every county of this state adequate juvenile court services as contemplated in the laws of Tennessee, as stated in this title and other general laws of the state of Tennessee now in force and effect, or hereafter to become of force and effect.
Acts 1982, ch. 934, § 1; T.C.A., § 37-261.
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 2 - JUVENILE COURT RESTRUCTURE ACT OF 1982 (§§ 37-1-201 — 37-1-214) › Section 37-1-202 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"District juvenile court" means a special juvenile court with jurisdiction in more than one (1) county; and
(2)
"Special juvenile court" means a court created by law with jurisdiction limited to those matters contemplated in this title and other general laws of this state.
Acts 1982, ch. 934, § 2; T.C.A., § 37-262.
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 2 - JUVENILE COURT RESTRUCTURE ACT OF 1982 (§§ 37-1-201 — 37-1-214) › Section 37-1-203 - Jurisdiction of general sessions court

The general sessions courts shall exercise juvenile court jurisdiction in all of the counties of this state, except in the counties or municipalities in which juvenile courts are, or may hereafter be, specially provided by law; provided, that only general sessions court judges who are attorneys may order commitment of a delinquent child to the department of children's services.
Acts 1982, ch. 934, § 3; T.C.A., § 37-263; Acts 1989, ch. 278, § 37; 1996, ch. 1079, §§ 73, 108.
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 2 - JUVENILE COURT RESTRUCTURE ACT OF 1982 (§§ 37-1-201 — 37-1-214) › Section 37-1-204 - Procedure in general sessions court

Any general sessions court exercising juvenile court jurisdiction shall, when exercising such jurisdiction, have the title and style of juvenile court of ______________ county, and shall maintain a separate juvenile court docket and minutes, and hearings pursuant to this title shall be separate from general sessions court proceedings.
Acts 1982, ch. 934, § 4; T.C.A., § 37-264.
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 2 - JUVENILE COURT RESTRUCTURE ACT OF 1982 (§§ 37-1-201 — 37-1-214) › Section 37-1-205 - Special district juvenile courts

Special juvenile courts may be created by law to exercise juvenile court jurisdiction in a county or in several contiguous counties. Funds for the operation of such special district juvenile courts shall be furnished by the counties within each special juvenile court district. Counties within the juvenile court district shall, by contract, enter into such agreements as they may deem necessary and desirable in order to provide for the conducting of business affairs and financing of the court as provided in §
5-1-114
.
Acts 1982, ch. 934, § 5; T.C.A., § 37-265.
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 2 - JUVENILE COURT RESTRUCTURE ACT OF 1982 (§§ 37-1-201 — 37-1-214) › Section 37-1-206 - Magistrates - Court personnel - Signs

Judges of juvenile courts shall appoint magistrates where constitutionally required and such other court personnel as may be necessary to assure availability of juvenile court services in every county of this state. Every court having juvenile jurisdiction shall have a sign in a conspicuous place identifying it as the "Juvenile Court."
Acts 1982, ch. 934, § 6; T.C.A., § 37-266; Acts 2009, ch. 235, § 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 2 - JUVENILE COURT RESTRUCTURE ACT OF 1982 (§§ 37-1-201 — 37-1-214) › Section 37-1-207 - Special juvenile courts - Judges

Any special juvenile court created by law shall have such title and style as the act creating such court may provide. Each juvenile court shall be a court of record, presided over by a judge who shall have such qualifications and salary as may be provided by law. Upon creation of a special juvenile court, a judge of the court shall be appointed as provided by law until the next general election and a person duly qualified is elected, and until a successor qualifies. The term of office shall be the same as other judges of the state. In the event the office of judge of the juvenile court becomes vacant by reason of death, resignation, retirement or other cause, before the expiration of the term of the judge, the vacancy shall be filled as provided by law.
Acts 1982, ch. 934, § 7; T.C.A., § 37-267.
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 2 - JUVENILE COURT RESTRUCTURE ACT OF 1982 (§§ 37-1-201 — 37-1-214) › Section 37-1-208 - Contracts between counties

Unless otherwise provided by law, the counties within a special juvenile court district may enter into contracts of agreement providing such terms and conditions therein as the parties deem best for the joint financial support, operation and maintenance of such special juvenile courts.
Acts 1982, ch. 934, § 8; T.C.A., § 37-268.
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 2 - JUVENILE COURT RESTRUCTURE ACT OF 1982 (§§ 37-1-201 — 37-1-214) › Section 37-1-209 - Disbursements of moneys

All moneys derived from fees, fines and costs assessed by the judge and collected by the clerk shall be paid to the county, or, in the case of a juvenile court serving more than one (1) county, revenue shall be disbursed in accordance with the contract between the various county governments.
Acts 1982, ch. 934, § 9; T.C.A., § 37-269.
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 2 - JUVENILE COURT RESTRUCTURE ACT OF 1982 (§§ 37-1-201 — 37-1-214) › Section 37-1-210 - Clerks of general sessions courts

(a)
In those counties in which the general sessions court is also the juvenile court, the clerk of the court exercising juvenile jurisdiction in such counties prior to May 19, 1982, shall serve as clerk of the general sessions court when it is exercising juvenile jurisdiction after May 19, 1982, unless otherwise provided by law. No later than July 1, 2006, in those counties in which the general sessions court is also the juvenile court, the clerk of the court of general sessions or the clerk and master shall also serve as the juvenile court clerk, unless otherwise provided by law. Such clerks shall maintain separate minutes, dockets and records for all matters pertaining to juvenile court proceedings as required by law. County legislative bodies may, in their discretion, provide additional compensation to general sessions court judges in such counties.
(b)
Notwithstanding subsection (a), the clerk who is serving as clerk of the court with juvenile jurisdiction in any county having a population of not less than forty-six thousand eight hundred (46,800) nor more than forty-six thousand nine hundred (46,900), according to the 2000 federal census of population or any subsequent federal census, on June 30, 2003, shall continue to serve as the clerk of the court with juvenile jurisdiction after July 1, 2003.
(c)
The second sentence of subsection (a) and the provisions of subsection (b) shall not apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
not less than
nor more than
5,500
5,600
11,369
11,450
27,700
27,800
37,200
37,300
(d)
Nothing in the second sentence of subsection (a) and the provisions of subsection (b) shall be construed as affecting special juvenile courts authorized by law or elected juvenile court clerks.
Acts 1982, ch. 934, § 10; T.C.A., § 37-270; Acts 2003 , ch. 226, §§ 1, 3-8; 2007, ch. 275, §§ 1, 2; 2008 , ch. 1153, § 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 2 - JUVENILE COURT RESTRUCTURE ACT OF 1982 (§§ 37-1-201 — 37-1-214) › Section 37-1-211 - Clerks of special juvenile courts

(a)
The appropriate legislative body of a county having a special juvenile court may, by resolution, designate the duly elected clerk of another court of that county to serve as clerk of the special juvenile court. In any county in which the legislative body does not designate a duly elected clerk of another court to serve as clerk of the special juvenile court, the judge of such special juvenile court shall appoint a clerk or an administrator of the court, except in counties where a duly elected clerk is otherwise provided by law. Clerks of such special juvenile courts shall, under the supervision of the judge, keep all records of the court, and shall have all the duties, authorities, and obligations provided by law for clerks of other courts of record of this state, and shall give an appropriate surety bond for the faithful performance of their duties.
(b)
Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
not less than
nor more than
5,500
5,600
11,369
11,450
14,300
14,400
17,800
17,875
27,700
27,800
37,200
37,300
62,300
62,400
(c)
Nothing in this section shall be construed as affecting special juvenile courts authorized by law or elected juvenile court clerks.
Acts 1982, ch. 934, § 11; T.C.A., § 37-271; Acts 1988, ch. 629, § 1; 2003 , ch. 226, §§ 2-6, 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 2 - JUVENILE COURT RESTRUCTURE ACT OF 1982 (§§ 37-1-201 — 37-1-214) › Section 37-1-212 - Rules and regulations

The judge is authorized and empowered to make and promulgate rules and regulations for the administration of the court, to fix the times and places at which all persons in the jurisdiction of the court shall have their causes set for hearing.
Acts 1982, ch. 934, § 12; T.C.A., § 37-272.
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 2 - JUVENILE COURT RESTRUCTURE ACT OF 1982 (§§ 37-1-201 — 37-1-214) › Section 37-1-213 - Deputies

The sheriffs of the various counties shall furnish the necessary deputies and special deputies to attend and dispense with the business of such courts.
Acts 1982, ch. 934, § 13; T.C.A., § 37-273.
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 2 - JUVENILE COURT RESTRUCTURE ACT OF 1982 (§§ 37-1-201 — 37-1-214) › Section 37-1-214 - Compensation of judges pro tempore

Any judge pro tempore elected under this part shall be paid the usual and customary rate of compensation.
Acts 1982, ch. 934, § 18; T.C.A., § 37-275.
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 3 - JUVENILE POST-COMMITMENT PROCEDURES ACT (§§ 37-1-301 — 37-1-322) › Section 37-1-301 - Short title

This part shall be known and may be cited as the "Juvenile Post-Commitment Procedures Act."
Acts 1978, ch. 750, § 1; T.C.A., § 37-1701.
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 3 - JUVENILE POST-COMMITMENT PROCEDURES ACT (§§ 37-1-301 — 37-1-322) › Section 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.
Acts 1978, ch. 750, § 2; T.C.A., § 37-1702; Acts 1989, ch. 278, § 34; 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 3 - JUVENILE POST-COMMITMENT PROCEDURES ACT (§§ 37-1-301 — 37-1-322) › Section 37-1-303 - Filing of petition - Designation of judge to hear and determine petition

(a)
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.
(b)
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.
Acts 1978, ch. 750, § 3; 1980, ch. 752, § 1; T.C.A., § 37-1703.
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 3 - JUVENILE POST-COMMITMENT PROCEDURES ACT (§§ 37-1-301 — 37-1-322) › Section 37-1-304 - Contents of petition

(a)
The petition shall briefly and clearly state:
(1)
Petitioner's full name and address;
(2)
The charge upon which petitioner's commitment is based;
(3)
The name and location of the juvenile court that committed the petitioner;
(4)
The date of commitment;
(5)
What restraint of liberty is presently being imposed;
(6)
Who is imposing the present restraint, and when it commenced;
(7)
Any appeals and all other applications for relief previously filed, including the date decided, the court, the grounds asserted, and the results;
(8)
The names of the attorneys who have represented petitioner and at what stage of the proceedings;
(9)
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;
(10)
Whether the petitioner has an attorney and, if not, whether the petitioner has funds to hire an attorney; and
(11)
Any other information required by rule of the Tennessee supreme court.
(b)
The petition shall have attached affidavits, records, or other evidence supporting its allegations, or shall state why they are not attached.
Acts 1978, ch. 750, § 4; T.C.A., § 37-1704.
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 3 - JUVENILE POST-COMMITMENT PROCEDURES ACT (§§ 37-1-301 — 37-1-322) › Section 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.
Acts 1978, ch. 750, § 5; T.C.A., § 37-1705.
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 3 - JUVENILE POST-COMMITMENT PROCEDURES ACT (§§ 37-1-301 — 37-1-322) › Section 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:
(1)
Make three (3) copies of the petition;
(2)
Docket and file the original petition and its attachments;
(3)
Mail one (1) copy of the petition to the attorney general and reporter;
(4)
Mail or forward one (1) copy of the petition to the district attorney general of the district in which the petition was filed;
(5)
Mail or forward one (1) copy of the petition to petitioner's attorney; and
(6)
Notify the juvenile court judge responsible for committing the petitioner.
Acts 1978, ch. 750, § 6; T.C.A., § 37-1706.
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 3 - JUVENILE POST-COMMITMENT PROCEDURES ACT (§§ 37-1-301 — 37-1-322) › Section 37-1-307 - Petition not to be dismissed for failure to follow form - Amended petition

(a)
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.
(b)
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.
Acts 1978, ch. 750, § 7; T.C.A., § 37-1707.
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 3 - JUVENILE POST-COMMITMENT PROCEDURES ACT (§§ 37-1-301 — 37-1-322) › Section 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.
Acts 1978, ch. 750, § 8; 1980, ch. 752, § 2; T.C.A., § 37-1708.
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 3 - JUVENILE POST-COMMITMENT PROCEDURES ACT (§§ 37-1-301 — 37-1-322) › Section 37-1-309 - Grounds for dismissal of petition - Hearing on petition - Issuance of orders or stays

(a)
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.
(b)
In all other cases, the court shall grant a hearing as soon as practicable.
(c)
The court shall issue such interlocutory order, including a stay of execution, as may be required.
Acts 1978, ch. 750, § 9; T.C.A., § 37-1709.
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 3 - JUVENILE POST-COMMITMENT PROCEDURES ACT (§§ 37-1-301 — 37-1-322) › Section 37-1-310 - Appearance of petitioner at hearing - Transportation of petitioner

(a)
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.
(b)
(1)
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.
(2)
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.
Acts 1978, ch. 750, § 10; T.C.A., § 37-1710.
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 3 - JUVENILE POST-COMMITMENT PROCEDURES ACT (§§ 37-1-301 — 37-1-322) › Section 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
.
Acts 1978, ch. 750, § 11; T.C.A., § 37-1711.
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 3 - JUVENILE POST-COMMITMENT PROCEDURES ACT (§§ 37-1-301 — 37-1-322) › Section 37-1-312 - Grounds for relief "previously determined" or "waived" defined

(a)
A ground for relief is "previously determined" if a court of competent jurisdiction has ruled on the merits after a full hearing.
(b)
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.
Acts 1978, ch. 750, § 12; T.C.A., § 37-1712.
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 3 - JUVENILE POST-COMMITMENT PROCEDURES ACT (§§ 37-1-301 — 37-1-322) › Section 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.
Acts 1978, ch. 750, § 13; T.C.A., § 37-1713.
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 3 - JUVENILE POST-COMMITMENT PROCEDURES ACT (§§ 37-1-301 — 37-1-322) › Section 37-1-314 - District attorney general to represent state - Attorney general and reporter to represent state on appeal

(a)
(1)
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.
(2)
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.
(3)
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.
(b)
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.
(c)
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.
Acts 1978, ch. 750, § 14; T.C.A., § 37-1714.
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 3 - JUVENILE POST-COMMITMENT PROCEDURES ACT (§§ 37-1-301 — 37-1-322) › Section 37-1-315 - Withdrawal or amendment of petition - Technical defects not grounds for dismissal without opportunity to amend

(a)
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.
(b)
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.
Acts 1978, ch. 750, § 15; T.C.A., § 37-1715.
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 3 - JUVENILE POST-COMMITMENT PROCEDURES ACT (§§ 37-1-301 — 37-1-322) › Section 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.
Acts 1978, ch. 750, § 16; T.C.A., § 37-1716.
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 3 - JUVENILE POST-COMMITMENT PROCEDURES ACT (§§ 37-1-301 — 37-1-322) › Section 37-1-317 - Relief granted - Costs - Final order - Record of counsel's consultations with petitioner

(a)
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.
(b)
Costs shall be taxed as in criminal cases.
(c)
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.
(d)
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.
Acts 1978, ch. 750, § 17; T.C.A., § 37-1717.
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 3 - JUVENILE POST-COMMITMENT PROCEDURES ACT (§§ 37-1-301 — 37-1-322) › Section 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.
Acts 1978, ch. 750, § 18; T.C.A., § 37-1718.
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 3 - JUVENILE POST-COMMITMENT PROCEDURES ACT (§§ 37-1-301 — 37-1-322) › Section 37-1-319 - Delayed appeal - Grounds for granting - Finality of order

(a)
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.
(b)
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.
(c)
An order granting proceedings for a delayed appeal shall be deemed a final judgment for purposes of the review provided by §
37-1-321
.
(d)
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.
Acts 1978, ch. 750, § 19; T.C.A., § 37-1719.
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 3 - JUVENILE POST-COMMITMENT PROCEDURES ACT (§§ 37-1-301 — 37-1-322) › Section 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.
Acts 1978, ch. 750, § 20; T.C.A., § 37-1720.
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 3 - JUVENILE POST-COMMITMENT PROCEDURES ACT (§§ 37-1-301 — 37-1-322) › Section 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.
Acts 1978, ch. 750, § 21; T.C.A., § 37-1721.