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 37-1-120 - Contents of petition

(a)
All petitions shall be verified and may be on information and belief.
(b)
Petitions that allege a delinquent or unruly offense; educational neglect when filed on behalf of a school; child abuse prosecutions, pursuant to §§
37-1-412
and
39-15-401
; nonsupport of children, pursuant to title 39, chapter 15, part 1; contributing to the delinquency or unruly behavior of a child, pursuant to §
37-1-156
; contributing to the dependency and neglect of a child, pursuant to §
37-1-157
; offenses involving adults arising under title 49, chapter 6, part 30; criminal contempt, pursuant to §
29-9-102
; and civil contempt, pursuant to §§
29-9-104
and
29-9-105
shall set forth plainly and to the extent reasonably ascertainable:
(1)
The facts that bring the child or person within the jurisdiction of the court, including the approximate date, manner, and place of the acts alleged, with a statement that it is in the best interest of the child and the public that the proceeding be brought;
(2)
If the petition alleges delinquency or unruly conduct, the offense charged, the relevant statutes, and a statement that the child is in need of treatment or rehabilitation;
(3)
The name, age, and residence address, if any, of the child on whose behalf the petition is brought;
(4)
The names and residence addresses, if known to petitioner, of the legal parents, guardian, or custodian of the child;
(5)
The names and residence addresses, if known to the petitioner, of any person or persons, other than the legal father, alleged to be the biological father of the child whose parental rights have not been terminated;
(6)
If the child is in detention, the place of detention, and the time the child was taken into custody; and
(7)
If any other court has jurisdiction over the child and the name of the court, if known to the petitioner.
(c)
All other petitions shall set forth plainly and to the extent reasonably ascertainable:
(1)
The facts that bring the child within the jurisdiction of the court, including the approximate date, manner, and place of the acts alleged, with a statement that it is in the best interest of the child and the public that the proceeding be brought;
(2)
The name, age, and residence address, if any, of the child on whose behalf the petition is brought and the places where the child has lived for the last five (5) years, and the names and present addresses of the persons with whom the child has lived during that period;
(3)
The names and residence addresses, if known to petitioner, of the legal parents, guardian, or custodian of the child and of the child's spouse, or of any person who has physical custody of the child or claims rights of legal or physical custody of, or visitation with the child;
(4)
The names and residence addresses, if known to the petitioner, of any person or persons, other than the legal father, alleged to be the biological father of the child whose parental rights have not been terminated;
(5)
The court, case number, and nature of any proceeding, if known to the petitioner, that could affect the current proceeding including proceedings for custody, visitation, enforcement, domestic violence, protective orders, termination of parental rights, or adoption;
(6)
A statement whether the petitioner has participated as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, a statement that identifies the court, the case number, and the date of the child custody determination, if any;
(7)
A statement whether or not the parents are currently serving in the armed forces; and
(8)
A statement whether the child or child's parent is a member or eligible for membership in any recognized Indian tribe under the federal Indian Child Welfare Act (
25 U.S.C. § 1901
).
(d)
If the petitioner, counter-petitioner, or child is a victim of abuse or has been placed at risk of abuse by any of the parties to the proceeding, the petitioner may exclude the address of the petitioner or the child from the petition and file that information with the clerk in a separate document, which the clerk shall place under seal.
(e)
School personnel may file a juvenile petition against a student receiving special education services only in accordance with the manifestation determination requirements of §
49-10-1304(h)(2)
.
(f)
(1)
Absent serious threats to school safety or exceptional circumstances in the judgment of a law enforcement officer, when a delinquency or unruly petition is filed by school personnel based upon acts committed on school grounds or at a school-sponsored event, the school personnel shall include information in the petition that shows that:
(A)
School personnel have sought to resolve the problem through available educational approaches; and
(B)
Court intervention is needed in the judgment of the petitioner.
(2)
School personnel shall seek to engage parents, guardians, or legal custodians in resolving the child's behavior before filing a petition where appropriate under the circumstances.
Amended by 2021 Tenn. Acts, ch. 134, s 27, eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 1052, s 15, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 263, s 2, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 598, s 4, eff. 7/1/2016.
Acts 1970, ch. 600, § 20; T.C.A., § 37-220; Acts 2012 , ch. 1017, §§ 1, 2.