Tennessee § 37-1-159 - Appeals.

§ 37-1-159. Appeals.

The juvenile court shall be a court of record; and any appeal from any final order or judgment in a delinquency proceeding, filed under this chapter, except a proceeding pursuant to § 37-1-134, may be made to the criminal court or court having criminal jurisdiction that shall hear the testimony of witnesses and try the case de novo. However, if the child pleads guilty or no contest in a delinquency or unruly proceeding, the child waives the right to appeal the adjudication. If the plea includes an agreement as to disposition, the child also waives the right to appeal the disposition. Any appeal from any final order or judgment in an unruly child proceeding or dependent and neglect proceeding, filed under this chapter, may be made to the circuit court that shall hear the testimony of witnesses and try the case de novo. The appeal shall be perfected within ten (10) days, excluding nonjudicial days, following the entry of the juvenile court's order. If a hearing before a judge of a matter heard by a magistrate is not requested or provided pursuant to § 37-1-107, the date of the expiration of the time within which to request the hearing shall be the date of disposition for appeal purposes, and the parties and their attorneys shall be so notified by the magistrate. If there is a rehearing by the judge, the appeal period shall commence the day after the order of disposition is entered. All parties to the juvenile court proceeding shall be parties to the de novo appeal. An appeal does not suspend the order of the juvenile court, nor does it release the child from the custody of that court or of that person, institution or agency to whose care the child has been committed. Pending the hearing, the criminal court or circuit court may make the same temporary disposition of the child as is vested in juvenile courts; provided, that until the criminal court or circuit court has entered an order for temporary disposition, the order of the juvenile court shall remain in effect. A juvenile court shall retain jurisdiction to the extent needed to complete any reviews or permanency hearings for children in foster care as may be mandated by federal or state law. When an appeal has been perfected, the juvenile court shall cause the entire record in the case, including the juvenile court's findings and written reports from probation officers, professional court employees or professional consultants, to be taken forthwith to the criminal court or circuit court whose duty it is, either in term or in vacation, to set the case for an early hearing. When an appeal is taken from a juvenile court's decision that involves the removal of a child or children from the custody of their natural or legal parents or guardian or from the department of children's services, or when the decision appealed involves the deprivation of a child's liberty as the result of a finding that such child engaged in criminal activity, such hearing shall be held within forty-five (45) days of receipt of the findings and reports. In its order, the criminal court or circuit court shall remand the case to the juvenile court for enforcement of the judgment rendered by the criminal court or circuit court. Appeals from an order of the criminal court or circuit court pursuant to this subsection (c) may be carried to the court of appeals as provided by law. There is no civil or interlocutory appeal from a juvenile court's disposition pursuant to § 37-1-134. If and only if a nonlawyer judge presides at the transfer hearing in juvenile court, then the criminal court, upon motion of the child filed within ten (10) days of the juvenile court order, excluding nonjudicial days, shall hold a hearing as expeditiously as possible to determine whether it will accept jurisdiction over the child; provided, that if no such motion is filed with the criminal court within the ten-day period, excluding nonjudicial days, such child shall be subject to indictment, presentment or information for the offense charged and thus subject to trial as an adult. At this hearing, which is de novo, the criminal court shall consider: Any written reports from professional court employees, professional consultants as well as the testimony of any witnesses; and Those issues considered by the juvenile court pursuant to § 37-1-134(a) and (b). Following a hearing held pursuant to subsection (d), the criminal court may: Remand the child to the jurisdiction of the juvenile court for further proceedings and disposition pursuant to § 37-1-131, such remand order reciting in detail the court's findings of fact and conclusions of law; or Enter an order certifying that it has taken jurisdiction over the child. This order shall recite, in detail, the court's finding of fact and conclusions of law. Following the order, the child shall be subject to indictment, presentment or information for the offenses charged. The criminal court judge who conducted the hearing to accept jurisdiction shall not thereby be rendered disqualified to preside at the criminal trial on the merits. Appeals from an order of the criminal court pursuant to subsection (e) may be carried to the court of criminal appeals in the manner provided by the Tennessee Rules of Appellate Procedure only following a conviction on the merits of the charge. This is the exclusive method of appeal from a finding that the criminal court accepts jurisdiction. The state may appeal to the court of criminal appeals a finding that the child be remanded to the juvenile court upon the ground of abuse of discretion. Pending the appeal by the state, the criminal court shall make a determination of whether or not the child shall be released on the child's own recognizance, or on bond, or held in the custodial care of the sheriff of the county. Appeals in all other civil matters heard by the juvenile court shall be governed by the Tennessee Rules of Appellate Procedure. Acts 1970, ch. 600, § 58; 1976, ch. 745, § 6; 1980, ch. 558, § 1; 1981, ch. 370, § 1; 1981, ch. 449, § 2(24); 1983, ch. 254, § 4; T.C.A., § 37-258; Acts 1985, ch. 328, § 1; 1986, ch. 612, §§ 2, 3; 1992, ch. 704, § 1; 1993, ch. 386, § 1; 1994, ch. 810, §§ 1, 2; 1996, ch. 1079, §§ 73, 104; 1997, ch. 516, § 1; 2009, ch. 235, § 1; 2016, ch. 637, §§ 1, 2; 2019, ch. 312, § 10. Compiler's Notes. Acts 2009, ch. 235, § 1 directed the code commission to change all references Acts 2009, ch. 235, § 1 directed the code commission to change all references from “child support referee” and “juvenile referee” to “child support magistrate” and “juvenile magistrate” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated. Subsection (b) may be affected by T.R.A.P. 3(d). Amendments. The 2016 amendment in (a) substituted “. Any” for “; and any” following the first instance of “case de novo” in the first sentence; substituted “entry of the juvenile court’s order” for juvenile court’s disposition” at the end of the second sentence; substituted “hearing before a judge” for “rehearing” following “If a” at the beginning of the third sentence; substituted “§ 37-1-107 ” for “§ 37-1-107 (e)” in the middle of the third sentence; substituted “the hearing” for “rehearing” following “request” in the middle of the third sentence; and added the last sentence; and in (b), added the last sentence. The 2019 amendment inserted the second and third sentence in (a). Effective Dates. Acts 2016, ch. 637, § 3. July 1, 2016. Acts 2019, ch. 312, § 11. May 8, 2019. Cross-References. Appeals in paternity actions, § 36-2-315 . Rule Reference. This section is referred to in the Advisory Commission Comments under Rules 4, 32 and 36 and in the text of Rules 24 and 36 in the Tennessee Rules of Juvenile Procedure. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 8.2, 8.16, 8.17, 8.30, 8.31, 8.32, 8.40. Tennessee Jurisprudence, 17 Tenn. Juris., Jurisdiction, § 27; 18 Tenn. Juris., Minors, § 11, 20 Tenn. Juris, Parent and Child, § 7. Law Reviews. Guidelines for Juvenile Court Practice (Andrew J. Shookhoff), 19 No. 2 Tenn. B.J. 5 (1983). Attorney General Opinions. Clerk not authorized to refuse to file notice seeking appeal to the wrong court, OAG 96-136 (11/22/96). Where a defendant charged with contributing to the delinquency of a child submits to the jurisdiction of the juvenile court, waives the right to a jury trial on that charge, and is then convicted, the defendant may file an appeal in either the circuit court or the criminal court, OAG 00-157 (10/17/00). Pretrial diversion is not available to juveniles who are appealing a finding of delinquency, OAG 05-012 (1/26/05).