Tennessee § 37-1-104 - Concurrent jurisdiction.

§ 37-1-104. Concurrent jurisdiction.

The juvenile court has concurrent jurisdiction with the probate court of proceedings to: Treat or commit a developmentally disabled or mentally ill child; Determine the custody or appoint a guardian of the person of a child; and Give judicial consent to the marriage of a child if consent is required by law. The juvenile court has concurrent jurisdiction with the general sessions court for the offenses of contributing to the delinquency or unruly conduct of a minor as defined in § 37-1-156 and contributing to the dependency of a minor as defined in § 37-1-157. The juvenile, circuit and chancery courts have concurrent jurisdiction to terminate parental or guardian rights pursuant to the provisions of title 36, chapter 1, part 1. The juvenile court has concurrent jurisdiction and statewide jurisdiction with other courts having the jurisdiction to order support for minor children and shall have statewide jurisdiction over the parties involved in the case. In intrastate cases, jurisdiction to modify, alter or enforce orders or decrees for the support of children shall be determined in accordance with the provisions of title 36, chapter 5, parts 30 and 31. In any political subdivision or judicial district of the state in which a court by contract is the agency designated to provide child support enforcement pursuant to Title IV-D of the Social Security Act, compiled in 42 U.S.C. §§ 651 et seq., and if a judge with child support jurisdiction in that political subdivision or judicial district agrees, the contracting court shall have jurisdiction in any case in such judge's court in which an application is made for assistance in obtaining support under this part. Upon application being made for child support enforcement assistance as provided by law, the contracting court shall assume jurisdiction and it is the duty of the court clerk to so notify the clerk of any court having prior jurisdiction. The contracting court shall then proceed to make and enforce such orders of support as it deems proper within its jurisdiction pursuant to the agreement. The contracting court shall not have jurisdiction in any case in which an absent parent is in full compliance with a support order of another court. In any case in which the court has exclusive or concurrent jurisdiction to order the payment of child support, the court may issue a child support order when requested by a party. All provisions of title 36, chapter 5 that relate to child support or child support orders that include an order of spousal support and § 50-2-105 apply to support orders issued in these proceedings. The juvenile court has concurrent jurisdiction with the circuit and chancery court of proceedings arising from the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Notwithstanding any law to the contrary, the juvenile court has concurrent jurisdiction with the circuit and chancery court of proceedings to establish the paternity of children born out of lawful wedlock and to determine any custody, visitation, support, education or other issues regarding the care and control of children born out of wedlock. The court further has the power to enforce its orders. Nothing in this subsection (f) shall be construed as vesting the circuit and chancery court with jurisdiction over matters that are in the exclusive jurisdiction of the juvenile court under § 37-1-103. Acts 1970, ch. 600, § 4; 1971, ch. 189, § 3; 1975, ch. 248, § 34; 1980, ch. 838, § 4; 1981, ch. 348, § 2; 1983, ch. 453, §§ 1, 2; T.C.A., § 37-204; Acts 1985, ch. 477, § 16; 1989, ch. 206, § 2; 1995, ch. 416, § 1; 1995, ch. 532, § 8; 1997, ch. 551, § 9; imp. am. Acts 2000, ch. 947, § 6; 2003, ch. 333, § 2; 2016, ch. 600, § 1. Compiler's Notes. Acts 1985, ch. 477, § 1 provided that Acts 1985, ch. 477 may be cited as the “Child Support Enforcement Act of 1985.” Amendments. The 2016 amendment, in (b), substituted “the offenses” for “the offense”, and added “and contributing to the dependency of a minor as defined in § 37-1-157 ” to the end of (b). Effective Dates. Acts 2016, ch. 600, § 17. July 1, 2016. Cross-References. Expedited process for support, title 36, ch. 5, part 4. Jurisdiction for intercounty enforcement of support, § 36-5-3001 . Termination of Acts 1985, ch. 477, which amended this section, § 36-5-110 . Waiver of age requirements and waiting period, § 36-3-107 . Rule Reference. This section is referred to in Rules 1 and 29 of the Tennessee Rules of Juvenile Procedure and the Advisory Commission Comments under Rule 1 of the Tennessee Rules of Juvenile Procedure. This section is referred to in Appendix II of the Rules Of The Circuit Court Of Tennessee For The Thirtieth Judicial District At Memphis, Shelby County. Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Courts, § 25, 17 Tenn. Juris., Jurisdiction, § 27. Law Reviews. Rules of Procedure for Courts with Juvenile Jurisdiction in Tennessee (R.B.J. Campbelle, Jr.), 18 No. 2 Tenn. B.J. 20 (1982). Storied Anna Mae He Decision Clarifies Law But Leaves Unanswered Questions (Christina A. Zawisza), 38 U. Mem. L. Rev. 637 (2008). Attorney General Opinions. Jurisdiction and procedures for emancipation proceedings, OAG 96-064 (4/8/96). The Parenting Plan Act, § 36-6-401 et seq., does not apply to any matter subject to the concurrent jurisdiction of the juvenile court, OAG 01-028 (2/27/01). Unless and until a party files a proceeding under T.C.A. §§ 37-1-103 or 37-1-104 the juvenile court lacks authority to order a safety plan because it lacks subject matter jurisdiction, OAG 06-012 (1/17/06). Juvenile, circuit and chancery courts have concurrent jurisdiction to hear petitions to set child support for children of married persons who are living apart when the parties have not filed a petition for divorce or legal separation, OAG 08-189 (12/23/08). Juvenile court may not rule upon a party's request for legal custody or parenting time, OAG 08-189 (12/23/08). Jurisdiction over parentage actions in Shelby county. OAG 10-91, 2010 Tenn. AG LEXIS 97 (8/9/10). Authority to award child support in the absence of a divorce or separation decree. OAG 12-42, 2012 Tenn. AG LEXIS 42 (3/21/12). Authority of juvenile courts to issue orders of protection. OAG 13-98, 2013 Tenn. AG LEXIS 103 (12/6/13).