Tennessee § 37-1-120 - Contents of petition.

§ 37-1-120. Contents of petition.

All petitions shall be verified and may be on information and belief. 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: 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; 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; The name, age, and residence address, if any, of the child on whose behalf the petition is brought; The names and residence addresses, if known to petitioner, of the legal parents, guardian, or custodian of the child; 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; If the child is in detention, the place of detention, and the time the child was taken into custody; and If any other court has jurisdiction over the child and the name of the court, if known to the petitioner. All other petitions shall set forth plainly and to the extent reasonably ascertainable: 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; 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; 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; 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; 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; 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; A statement whether or not the parents are currently serving in the armed forces; and 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). 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. 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(d)(3)(B). 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: School personnel have sought to resolve the problem through available educational approaches; and Court intervention is needed in the judgment of the petitioner. 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. Acts 1970, ch. 600, § 20; T.C.A., § 37-220; Acts 2012, ch. 1017, §§ 1, 2; 2016, ch. 598, § 4; 2017, ch. 263, § 2; 2018, ch. 1052, § 15. Compiler's Notes. Acts 2012, ch. 1017, § 4 provided that the act, which amended subdivision (3) and added present subdivision (4), shall apply to any proceeding commenced on or after July 1, 2012. 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 inserted “and to the extent reasonably ascertainable:” to the end of the introductory language; inserted “, including the approximate date, manner, and place of the acts alleged,” following “court” in (1); added “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;” to the end of (2); substituted “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;” for “if any” at the end of (3); deleted “and” at the end of (4); added current (5)-(7); redesignated former (5) as (8); deleted “custody and, if so, the place of” preceding “detention” at the beginning of current (8); inserted “, the place of detention,” following “detention” in the middle of current (8), and added current (9). The 2017 amendment rewrote the section, which read: “The petition shall be verified and may be on information and belief. It 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 and, if delinquency or unruly conduct is alleged, that the child is in need of treatment or rehabilitation;“(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 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;“(8) If the child is in detention, the place of detention, and the time the child was taken into custody; and“(9) 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 ).” The 2018 amendment added (e) and (f). Effective Dates. Acts 2016, ch. 598, § 5. July 1, 2016. Acts 2017, ch. 263, § 5. July 1, 2017. 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).