HB0783112th GA (Historical)Introduced

Amends TCA Title 37.

This bill requires the juvenile court clerk and department of mental health and substance abuse services to report certain juvenile justice information to the administrative office of the courts each month, and deletes present law requirements for certain reports to the council on juvenile and family court judges, as discussed below. PRESENT LAW Present law requires the juvenile court clerk to report monthly to the executive secretary of the council of juvenile and family court judges such information as the council may require concerning cases handled by the juvenile court. The council publishes data relating to juveniles based on the information provided; such publications are limited to nonidentifying information. The clerks of juvenile courts operating county probation programs or receiving prevention grants must also furnish to the department of children's services information regarding probation length and services provided, respectively. Present law also provides that upon receipt from the juvenile court clerk of an order of expunction of the charge for which the child was placed on county probation or received prevention services, the department will expunge that child's information from its records. THIS BILL This bill deletes the above provisions, and instead provides the following: (1) Juvenile courts must assign each child alleged to be delinquent or unruly a unique child identification (ID) number, and the court must use the unique child ID number with respect to each proceeding involving that child. This bill requires each juvenile court clerk or juvenile court staff to report to the administrative office of the courts each month the following information: (A) Each new delinquent case or unruly case in which a child is charged, including, but not limited to, the date the case was filed or opened, the child's unique child ID number, and the statutory offense or offenses charged; and (B) For each case reported pursuant to (A), certain information, as applicable and detailed in this bill, along with the unique case or docket number: for cases that result in diversion, the date the child was placed on diversion, the type of diversion, the ending date for the diversion, and whether the diversion was successfully completed; for cases that result in probation, the date the child was placed on probation, the type of probation, the ending date of the probation, and whether the probation was successfully completed; and the date the child was adjudicated delinquent or unruly and on which offenses, or the date the case was dismissed. (2) Under this bill, the department of mental health and substance abuse services must, regarding cases in which a juvenile court refers a child to receive services provided by grantees funded through appropriations to the department under the Juvenile Justice Reform Act of 2018, report to the administrative office of the courts the number of children served; the age, race, sex, and county of residence of the children served; and in the case of each child, whether the services were successfully completed or terminated due to unsuccessful completion. (3) Under this bill, identifying information received by the administrative office of the courts is confidential; must not be published, released, or otherwise disseminated; and must be maintained in accordance with state and federal laws and regulations regarding confidentiality. This bill authorizes the administrative office of the courts to make such data available to properly concerned agencies and individuals, or to any person upon request, but any such publication or release of data must be limited to nonidentifying information. (4) This bill requires the administrative office of the courts to develop guidelines and procedures to expunge identifying information collected on juveniles; however, the expunction may occur only after the juvenile reaches the age that is beyond jurisdiction of the juvenile court. (5) This bill states that it does not mandate any change in a county's decision regarding the division of reporting responsibility between the juvenile court clerk and the youth services officer or any other juvenile court staff member. (6) This bill authorizes the administrative office of the courts to provide to each juvenile court having jurisdiction over a child charged with a delinquent or unruly offense the results of any validated risk and needs assessment concerning that child completed by another juvenile court. This bill prohibits the judge or magistrate of the court having jurisdiction from accessing, reviewing, or otherwise utilizing the assessment results before disposition.

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Overview

This bill requires the juvenile court clerk and department of mental health and substance abuse services to report certain juvenile justice information to the administrative office of the courts each month, and deletes present law requirements for certain reports to the council on juvenile and family court judges, as discussed below. PRESENT LAW Present law requires the juvenile court clerk to report monthly to the executive secretary of the council of juvenile and family court judges such information as the council may require concerning cases handled by the juvenile court. The council publishes data relating to juveniles based on the information provided; such publications are limited to nonidentifying information. The clerks of juvenile courts operating county probation programs or receiving prevention grants must also furnish to the department of children's services information regarding probation length and services provided, respectively. Present law also provides that upon receipt from the juvenile court clerk of an order of expunction of the charge for which the child was placed on county probation or received prevention services, the department will expunge that child's information from its records. THIS BILL This bill deletes the above provisions, and instead provides the following: (1) Juvenile courts must assign each child alleged to be delinquent or unruly a unique child identification (ID) number, and the court must use the unique child ID number with respect to each proceeding involving that child. This bill requires each juvenile court clerk or juvenile court staff to report to the administrative office of the courts each month the following information: (A) Each new delinquent case or unruly case in which a child is charged, including, but not limited to, the date the case was filed or opened, the child's unique child ID number, and the statutory offense or offenses charged; and (B) For each case reported pursuant to (A), certain information, as applicable and detailed in this bill, along with the unique case or docket number: for cases that result in diversion, the date the child was placed on diversion, the type of diversion, the ending date for the diversion, and whether the diversion was successfully completed; for cases that result in probation, the date the child was placed on probation, the type of probation, the ending date of the probation, and whether the probation was successfully completed; and the date the child was adjudicated delinquent or unruly and on which offenses, or the date the case was dismissed. (2) Under this bill, the department of mental health and substance abuse services must, regarding cases in which a juvenile court refers a child to receive services provided by grantees funded through appropriations to the department under the Juvenile Justice Reform Act of 2018, report to the administrative office of the courts the number of children served; the age, race, sex, and county of residence of the children served; and in the case of each child, whether the services were successfully completed or terminated due to unsuccessful completion. (3) Under this bill, identifying information received by the administrative office of the courts is confidential; must not be published, released, or otherwise disseminated; and must be maintained in accordance with state and federal laws and regulations regarding confidentiality. This bill authorizes the administrative office of the courts to make such data available to properly concerned agencies and individuals, or to any person upon request, but any such publication or release of data must be limited to nonidentifying information. (4) This bill requires the administrative office of the courts to develop guidelines and procedures to expunge identifying information collected on juveniles; however, the expunction may occur only after the juvenile reaches the age that is beyond jurisdiction of the juvenile court. (5) This bill states that it does not mandate any change in a county's decision regarding the division of reporting responsibility between the juvenile court clerk and the youth services officer or any other juvenile court staff member. (6) This bill authorizes the administrative office of the courts to provide to each juvenile court having jurisdiction over a child charged with a delinquent or unruly offense the results of any validated risk and needs assessment concerning that child completed by another juvenile court. This bill prohibits the judge or magistrate of the court having jurisdiction from accessing, reviewing, or otherwise utilizing the assessment results before disposition.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 9, 2021

Subjects
2605313511501108

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