Tennessee § 37-1-132 - Unruly child — Disposition.

§ 37-1-132. Unruly child — Disposition.

If the child is found to be an unruly child, the court may make such disposition as authorized by this section or § 37-1-131(a)(1), (a)(2), (a)(7), or (b) that is best suited to such child's treatment. However, no child found to be an unruly child may be placed on probation under the supervision of the department, unless such child is found to also be a delinquent child or is found to have committed a violation of a valid court order as provided for in the Appendix to the Tennessee Rules of Juvenile Procedure. No county government shall be required to increase local funding to implement this provision. The court has the additional dispositional alternative of ordering the department to provide non-custodial services to a child found to be unruly. An unruly child is eligible for commitment to the department only if: The child has previously been adjudicated for two (2) or more offenses arising from separate incidents that would constitute an unruly offense, or a felony or misdemeanor if committed by an adult, including adjudications in other jurisdictions that, if committed in this jurisdiction, would constitute a felony or misdemeanor; or The court finds by clear and convincing evidence that the child is in imminent risk of danger to the child's health or safety and needs specific treatment or services that are available only if the child is placed in the custody of the department; A child placed in the custody of the department under this subdivision (b)(1)(B) shall remain in custody so long as necessary to complete the treatment or services, which shall be evidence-based and provided by a qualified provider, but shall remain in custody no longer than six (6) months; provided, that the court may order that the child remain in custody for up to an additional six (6) month period if the court finds after a hearing or stipulation that: The child needs treatment or services that are available only if the child is in custody; and The treatment or services the child needs are evidence-based and will be provided by a qualified provider. If the court finds that it is in the best interest of the child and the public that any unruly child be removed from the home of a parent, guardian, or other legal custodian, the placement of the child shall be with the person, agency, or facility that presents the least drastic or restrictive alternative. Prior to committing an unruly child to the custody of the department of children's services, the court shall refer such child to the department's juvenile-family crisis intervention program under § 37-1-168. The court may commit the child to the department after such juvenile-family crisis intervention program certifies to the court that there is no other less drastic measure than court intervention. Nothing in this subsection (b) shall preclude placing a child in protective service custody. A disposition under this section shall, in no event, result in the child's detention in shelter care, as defined in § 37-1-116, or other temporary placement, without provision of necessary services consistent with the child's assessments or evaluations, in excess of thirty (30) days after entry of the court's order. Subject to subdivision (b)(6), an unruly child committed to the custody of the department under subdivision (b)(1)(A) for an indefinite time shall be discharged or placed on home placement supervision after a maximum of six (6) months, excluding any amount of time that a child is absent from placement for whatever reason, unless: The treatment and rehabilitation of the child require that the child remain in custody beyond six (6) months to complete an evidence-based program in a custodial setting addressing a treatment need identified by the previously administered validated risk and needs assessment; The child is alleged to have committed a new delinquent act; or The child is alleged to be an escapee from a secure juvenile facility or institution. The commissioner shall prescribe procedures whereby the child's treatment, rehabilitation, and progress shall be reviewed monthly and a recommendation for or against home placement or discharge shall be made to the commissioner or the commissioner's designee at least quarterly. When the department determines that a child who has been committed to the department under this section is ready to return home, the department shall notify the court in writing of its intention to place the child at home on a trial home visit. If the court objects to the trial home visit, it must notify the department of its objection in writing or set a hearing within fifteen (15) days of the date of the notice with such hearing being held at the earliest possible date. If a hearing is not set nor a written objection received within fifteen (15) days of the date of the notice, the department may place the child on a trial home visit. The notice shall include the provision that the department's legal custody of the child shall terminate in thirty (30) days. If during the thirty-day period the department determines that the trial home visit is not in the child's best interest and removes the child on an emergency basis or seeks to remove the child on a non-emergency basis, the department shall file a motion for review by the court of the trial home visit and shall provide notice to the parent, parents, guardian, or other custodian. The court shall hold a hearing on such motion within three (3) days of an emergency removal and shall set a hearing within fifteen (15) days to be held at the earliest possible date if the motion is for the court's permission to make a non-emergency removal. During the thirty-day trial home visit, the court may periodically review the child's status and may make any orders that the best interest of the child may require. A child ordered to probation under subsection (a) may be placed on probation for a maximum period of six (6) months, subject to this subdivision (c)(1). Before expiration of the first six-month period or any extension period thereafter, and after notice and a hearing, the court may extend probation for additional periods not to exceed six (6) months each, but only if the court finds and issues a written order that: States that it is in the best interest of the child that a condition or conditions of probation remain in effect; and Specifies the condition or conditions that shall remain in effect and why that continued effectiveness is in the best interest of the child. If the requirements of subdivision (c)(1) have been met, probation may continue only so long as it is in the best interest of the child that the condition or conditions of probation remain in effect. If the supervising authority finds the child has violated the conditions or limitations of probation, the supervising authority may file a petition alleging a violation of the conditions or limitations of probation with the court; provided, that the court, in its discretion, may direct the supervising authority that, in some or all circumstances, such a petition should be filed only if the supervising authority makes and documents attempts to address the noncompliant behavior and determines and documents the reasons for which court intervention is needed to address the noncompliance. If the court finds that no violation has occurred, the child shall be allowed to resume the former conditions of probation or probation may be terminated. If in a subsequent proceeding, the court finds the child has violated any of the conditions or limitations of probation, the court may modify conditions consistent with the needs of the child, including ordering a transfer or grant pursuant to § 37-1-131(a)(1). The court shall not order a child placed in the custody of the department for a violation of the conditions or limitations of probation unless: The child is separately adjudicated dependent or neglected and placed pursuant to § 37-1-130; The child is separately adjudicated delinquent and placed pursuant to § 37-1-131 for an eligible delinquent offense arising out of a subsequent criminal episode other than the offense for which the child has been placed on probation; or The court finds by clear and convincing evidence that the child is in imminent risk of danger to the child's health or safety and needs specific treatment or services that are available only if the child is placed in the custody of the department; A child placed in the custody of the department under this subdivision (c)(5)(C) shall remain in custody so long as necessary to complete the treatment or services, which shall be evidence-based and provided by a qualified provider, but shall remain in custody no longer than six (6) months; provided, that the court may order that the child remain in custody for up to an additional six (6) month period if the court finds after a hearing or stipulation that: The child needs treatment or services that are available only if the child is in custody; and The treatment or services the child needs are evidence-based and will be provided by a qualified provider. If a child is adjudicated unruly in whole or in part for habitual and unlawful absence pursuant to § 49-6-3007 , it is the intent of the general assembly that any disposition of the court be oriented toward family services and those interventions that address educational barriers and the root causes of truancy. Acts 1970, ch. 600, § 32; 1979, ch. 289, § 5; 1982, ch. 882, § 2; T.C.A., § 37-232; Acts 1985 (1st Ex. Sess.), ch. 6, § 1; 1996, ch. 1079, § 94; 1999, ch. 508, § 8; 2007, ch. 372, § 4; 2018, ch. 1052, §§ 32-35. Compiler's Notes. Acts 1985 (1st Ex. Sess.), ch. 6, § 6 provided that any child found to be unruly and placed on probation under the supervision of the division of juvenile probation (now department of children's services) prior to April 1, 1986, and remaining on such probation on that date, was deemed to be on probation under the supervision of the probation officer of the court. 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 by ch. 1052, § 35, effective July 1, 2018, added (d). The 2018 amendment by ch. 1052, §§ 32-34, effective July 1, 2019, in (a), substituted “this section or § 37-1-131(a)(1) , (a)(2), (a)(7), or (b)” for “§§ 37-1-131(a)(1) , (2), (5), or (7)” following “authorized by” and substituted “shall” for “may” following “government”; added present (b)(1) and redesignated former (b)(1) through (b)(3) as present (b)(2) through (b)(4); in present (b)(3), substituted “Prior to committing” for “If the court desires to commit” at the beginning, “the court shall” for “it shall, prior to ordering commitment” preceding “refer”, and “subsection (b)” for “subdivision (b)(2)” preceding “shall preclude”; and added (b)(5) through (b)(7); rewrote (c)(1) through (c)(3) which read:“(c)(1) When the department determines that a child who has been committed to the department under this section is ready to return home, the department shall notify the court in writing of its intention to place the child at home on a trial home visit. If the court objects to the trial home visit, it must notify the department of its objection in writing or set a hearing within fifteen (15) days of the date of the notice with such hearing being held at the earliest possible date. If a hearing is not set nor a written objection received within fifteen (15) days of the date of the notice, the department may place the child on a trial home visit. The notice shall include the provision that the department's legal custody of the child shall terminate in thirty (30) days.“(2) If during the thirty-day period the department determines that the trial home visit is not in the child's best interest and removes the child on an emergency basis or seeks to remove the child on a non-emergency basis, the department shall file a motion for review by the court of the trial home visit and shall provide notice to the parent(s), guardian or other custodian. The court shall hold a hearing on such motion within three (3) days of an emergency removal and shall set a hearing within fifteen (15) days to be held at the earliest possible date if the motion seeks the court's permission to make a non-emergency removal.“(3) During the thirty-day trial home visit, the court may periodically review the child's status and may make any orders that the best interest of the child may require.”; and added (c)(4) through (c)(6). Effective Dates. Acts 2018, ch. 1052, § 58. July 1, 2018; July 1, 2019; provided that for purposes of rulemaking, the act took effect May 21, 2018. Rule Reference. This section is referred to in Rule 13 of the Rules of the Supreme Court of Tennessee. This section is referred to in the Advisory Commission Comments under Rules 6 and 32 and in the text of Rule 32 of the Tennessee Rules of Juvenile Procedure. Textbooks. Tennessee Jurisprudence, 18 Tenn. Juris., Minors, § 35. 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). Attorney General Opinions. Order removing child from home county and enjoining return, OAG 99-007 (1/25/99). Truancy enforcement — private and church-related schools, OAG 00-006 (1/11/00).