Tennessee § 37-1-122 - Summons — Attachment where summons ineffectual.

§ 37-1-122. Summons — Attachment where summons ineffectual.

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: Parent or guardian; Person having custody of the child; Person with whom the child may be; or Child. 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: The child poses a significant likelihood of: Significant injury or sexual assault to another person; Danger to self, such that a delay would endanger the child's safety or health; or Damage to property; 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 The child fails to appear for a court proceeding. If the child has an attorney of record, that attorney must be served with any attachment request made to the court. A child may not be detained pursuant to an attachment under this subsection (b), unless the child meets the criteria of § 37-1-114. Acts 1970, ch. 600, § 22; T.C.A., § 37-222; Acts 2016, ch. 717, § 2; 2018, ch. 1052, § 16; 2019, ch. 312, §§ 4-6. Compiler's Notes. Acts 2018, ch. 1052, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Juvenile Justice Reform Act of 2018.” Acts 2018, ch. 1052, § 55 provided that it is the intent of the general assembly that improvements to the juvenile justice system and expansion of community-based resources for justice-involved children be prioritized, including, but not limited to, evidence-based programs, informal adjustment, diversion, home placement supervision, statewide data collection, early intervention programs and services for children and families, and mental health services, especially in any county underserved with such programs and services. Amendments. The 2016 amendment added the present first sentence. The 2018 amendment added (b); in the present introductory language of (a), substituted “summonses” for “summons” preceding “to the parties” and “a” for “the” following “In case”, and inserted “except as described in subsection (b),”. The 2019 amendment, in (b)(1), deleted “§ 37-1-110 or” following “diversion pursuant to”; rewrote (b)(1)(A), which read: “The child poses a significant likelihood of significant injury to another person or significant likelihood of damage to property;”; and added (b)(3). Effective Dates. Acts 2016, ch. 717, § 7. July 1, 2016. Acts 2018, ch. 1052, § 58. July 1, 2018; provided that for purposes of rulemaking, the act took effect on May 21, 2018. Acts 2019, ch. 312, § 11. May 8, 2019. Rule Reference. This section is referred to in the Advisory Commission Comments under Rule 11 of the Tennessee Rules of Juvenile Procedure. Attorney General Opinions. If a juvenile who is adjudicated delinquent absconds from a group home or other non-institutional placement, a petition with a summons should issue; in the event a summons is not effective, the court may issue an order of attachment, OAG 05-008 (1/20/05). Collateral References. Liability of parent for support of child institutionalized by juvenile court. 59 A.L.R.3d 636.