Tennessee § 37-1-164 - Risk and needs assessment.

§ 37-1-164. Risk and needs assessment.

A validated risk and needs assessment shall be used in all delinquent cases post disposition in making decisions and recommendations regarding programming and treatment. The department may make available a validated tool for use by any juvenile court; however, any juvenile court may instead choose to use a different validated tool. Any risk and needs assessment tool that is adopted by a juvenile court or the department must periodically undergo a validation study to ensure that the risk and needs assessment is predictive of the risk of reoffending of the population on which the tool is being administered. Each delinquent child ordered to probation supervision under § 37-1-131 or committed to the custody of the department shall undergo a validated risk and needs assessment within seven (7) days of the court's disposition, excluding nonjudicial days, to inform supervision level, referrals to programs and services, and case planning. In delinquent cases, the court may order that a risk and needs assessment be conducted prior to disposition if there is written agreement from the child, the child's parent, guardian, or legal custodian, and, if applicable, the child's attorney. A child may undergo such a risk and needs assessment prior to disposition to identify specific factors that predict a child's likelihood of reoffending and, when appropriately addressed, may reduce the likelihood of reoffending, and the results of the risk and needs assessment shall be provided to the court prior to or at the time of the disposition of the child. Acts 2018, ch. 1052, § 48. Compiler's Notes. Former §§ 37-1-163 and 37-1-164 (Acts 1985 (1st Ex. Sess.), ch. 6, §§ 3, 4; 1989, ch. 278, § 41), concerning placement in accredited facilities and a plan for a central intake system, were repealed by Acts 1996, ch. 1079, §§ 105 and 183. Acts 2018, ch. 1052, § 1 provided that the act, which enacted 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. Effective Dates. Acts 2018, ch. 1052, § 58. July 1, 2019; provided that for purposes of rulemaking, the act took effect on May 21, 2018.