Tennessee § 37-1-105 - Probation officers.

§ 37-1-105. Probation officers.

The judge has authority to appoint one (1) or more probation officers who shall receive such salary as shall be fixed by the county legislative body or as otherwise provided by law. For the purpose of carrying out the objectives and purposes of this part and subject to the limitations of this part or imposed by the court, a probation officer, or other designated officers of the court, shall: Make investigations, reports and recommendations to the juvenile court; Receive and examine complaints and charges of delinquency or unruly conduct and conduct a preliminary inquiry; Receive and examine complaints of dependency and neglect of a child for the purpose of considering the commencement of proceedings under this part; Supervise and assist a child placed on probation or in such probation officer's protective supervision or care by order of the court or other authority of law; Make appropriate referrals to other public or private agencies of the community if their assistance appears to be needed or desirable; Take into custody and detain a child who is under such probation officer's supervision or care as a delinquent, unruly, or dependent and neglected child if the probation officer, or other designated officers of the court, have reasonable cause to believe that the child's health or safety is in imminent danger, or that such child may abscond or be removed from the jurisdiction of the court, or when ordered by the court pursuant to this part. Such child may be placed in detention or shelter care only if authorized by and in accordance with §§ 37-1-114 and 37-1-115. Except as provided by this part, a probation officer, or other designated officer of the court, does not have the powers of a law enforcement officer. Such probation officer, or other designated officer of the court, shall not conduct accusatory proceedings under this part against a child who is or may be under such officer's care or supervision; and Perform all other functions designated by this part or by order of the court pursuant thereto. Any of the functions in subsection (b) may be performed in another state if authorized by the court of this state and permitted by the laws of the other state. Acts 1970, ch. 600, §§ 5, 6; 1983, ch. 165, § 1; T.C.A., §§ 37-205, 37-206; Acts 2018, ch. 1052, §§ 6-8. 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 2018 amendment added present (b)(3) and redesignated former (b)(3) through (b)(6) as present (b)(4) through (b)(7); rewrote (b)(2) which read: “Receive and examine complaints and charges of delinquency, unruly conduct or dependency and neglect of a child for the purpose of considering the commencement of proceedings under this part”; in present (b)(6), added the second sentence, and, in the last sentence, substituted “shall” for “may”. Effective Dates. Acts 2018, ch. 1052, § 58. July 1, 2018; provided that for purposes of rulemaking, the act took effect on May 21, 2018. 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). The DOJ Comes to Town: An Argument for Legislative Reform When the Juvenile Court Fails to Protect Due Process Rights, 44 U. Mem. L. Rev. 921 (2014).