Amends TCA Title 37; Title 39 and Title 40.
This bill revises various provisions concerning children who are found to be delinquent. Present law generally limits the amount of time that a delinquent child may be placed on probation to six months, although additional periods of probation not to exceed six months in duration may be ordered if certain findings are made. This bill instead limits the period of probation for a delinquent child to "only so long as it is in the best interest of the child that the condition or conditions of probation remain in effect." Under present law, when a court orders a child placed into custody of the department of children's services based on a finding 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, the child remains in custody so long as necessary to complete the treatment or services, but not for longer than six months; provided, that the court may order that the child remain in custody for up to an additional six-month period based on the court making certain findings concerning the child's continued need for treatment or services. This bill replaces the six-month limit with a requirement that the child remain in custody so long as necessary to complete the treatment or services. Present law authorizes courts to order a delinquent child be placed in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority. The detention order must not exceed 48 hours for the delinquent child to be served only on days the school in which the child is enrolled is not in session. This bill authorizes courts to order multiple periods of detention and longer periods of detention. An order for detention beyond 48 hours or more than one 48-hour period must be based on a finding that such order is in the best interest of the child and all such detentions must occur on days that the child's school is not in session. Under present law, in determining whether an order of disposition that includes financial obligations (such as restitution or the cost of participating in a restorative justice program) against a juvenile offender and the offender's parents or guardians is reasonable, the court is authorized to consider whether the child and the child's parents or guardians have the ability to complete the requirements of the order within six months. This bill deletes authorization for such a specific consideration by the court, but retains the requirement that the order of disposition is reasonable.
This bill revises various provisions concerning children who are found to be delinquent. Present law generally limits the amount of time that a delinquent child may be placed on probation to six months, although additional periods of probation not to exceed six months in duration may be ordered if certain findings are made. This bill instead limits the period of probation for a delinquent child to "only so long as it is in the best interest of the child that the condition or conditions of probation remain in effect." Under present law, when a court orders a child placed into custody of the department of children's services based on a finding 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, the child remains in custody so long as necessary to complete the treatment or services, but not for longer than six months; provided, that the court may order that the child remain in custody for up to an additional six-month period based on the court making certain findings concerning the child's continued need for treatment or services. This bill replaces the six-month limit with a requirement that the child remain in custody so long as necessary to complete the treatment or services. Present law authorizes courts to order a delinquent child be placed in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority. The detention order must not exceed 48 hours for the delinquent child to be served only on days the school in which the child is enrolled is not in session. This bill authorizes courts to order multiple periods of detention and longer periods of detention. An order for detention beyond 48 hours or more than one 48-hour period must be based on a finding that such order is in the best interest of the child and all such detentions must occur on days that the child's school is not in session. Under present law, in determining whether an order of disposition that includes financial obligations (such as restitution or the cost of participating in a restorative justice program) against a juvenile offender and the offender's parents or guardians is reasonable, the court is authorized to consider whether the child and the child's parents or guardians have the ability to complete the requirements of the order within six months. This bill deletes authorization for such a specific consideration by the court, but retains the requirement that the order of disposition is reasonable.
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