Amends TCA Title 37.

Under present law, an order of the juvenile court committing a delinquent child to the custody of the department of children's services is for an indefinite time. No child can be committed to the department when the court deems it is in the best interest of the child without a pre-committing report.<br /> <br /> Under present law, if a child is found to be a delinquent child, the court may make any of numerous orders of disposition best suited to the child's treatment, rehabilitation and welfare. The court may commit the child to the department of children's services, which commitment must not extend past the child's 19th birthday. A delinquent, or unruly, child is eligible for commitment to the department only if: <br /> <br /> (1) The child has previously been adjudicated for two 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<br /> <br /> (2) 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; <br /> <br /> A delinquent or unruly child committed to the custody of the department for an indefinite time must be discharged or placed on home placement supervision after a maximum of six months, excluding any amount of time that a child is absent from placement for whatever reason, unless: <br /> <br /> (1) The treatment and rehabilitation of the child require that the child remain in custody beyond six 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;<br /> <br /> (2) The child is alleged to have committed a new delinquent act; or<br /> <br /> (3) The child is alleged to be an escapee from a secure juvenile facility or institution. <br /> <br /> The commissioner is required to prescribe procedures whereby the child's treatment, rehabilitation, and progress must be reviewed monthly and a recommendation for or against home placement or discharge is made to the commissioner or the commissioner's designee at least quarterly. <br /> <br /> This bill deletes the provisions requiring a delinquent or unruly child committed to the custody of the department for an indefinite time to be discharged or placed on home placement supervision after six months. Instead, this bill requires that a delinquent or unruly child committed to the custody of the department for an indefinite time be discharged or placed on home placement supervision when the department determines that such discharge or placement is warranted by the child's response to evidence-based services and programs addressing a treatment need identified by a previously administered validated risk and needs assessment, unless: <br /> <br /> (1) The child is alleged to have committed a new delinquent act; or<br /> <br /> (2) The child is alleged to be an escapee from a secure juvenile facility or institution. <br /> <br /> Under present law, the first 30 days after the delinquent or unruly child's return to home placement supervision is a trial home pass with the department retaining legal custody of the child. If the child successfully completes the trial home pass, at the end of the 30 days the child will automatically continue on home placement supervision status, unless the court has ordered that such supervision is not necessary, and the department's legal custody of the child will terminate. <br /> <br /> If the designee of the department supervising a delinquent child on home placement supervision has reasonable cause to believe that the child has violated the conditions of home placement supervision in an important respect after the trial home pass has ended, the designee may file a petition alleging the violation; provided, that unless a new petition has been filed alleging the child has committed a new delinquent act or habitual an unlawful presence, the court, in its discretion, may direct the designee that such a petition should only be filed if the designee 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.<br /> <br /> It is required that if the court finds that no violation occurred, then the child must be allowed to resume the former conditions of home placement. If the court finds that a violation occurred because the child has been adjudicated for a new offense eligible for commitment to the department under law, then the court may order that the child be re-committed to the department or utilize any other disposition option permitted by law. Such order must contain the reasons relied on for terminating the home placement. Upon any such termination and recommitment to the department, the child may be placed as the commissioner or the commissioner's designee may direct. If the court finds that a violation occurred but the child has not been adjudicated for a new offense that is eligible for commitment to the department, the court may modify conditions of home placement consistent with the results of the previously administered validated risk and needs assessment, but must not order that the child be re-committed to the department or otherwise remove the child from the child's home, including the home of a parent, guardian, or other legal custodian, unless 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. <br /> <br /> A child, whether delinquent or unruly, placed in the custody of the department due to an imminent risk of danger to the child's health and safety and the need for specific treatment or services must remain in custody so long as necessary to complete the treatment or services, which must be evidence-based and provided by a qualified provider, but, must not remain in custody longer than six months; provided, that the court may order that the child remain in custody for up to an additional six month period if the court finds after a hearing or stipulation that: <br /> <br /> (1) The child needs treatment or services that are available only if the child is in custody; and <br /> <br /> (2) The treatment or services the child needs are evidence-based and will be provided by a qualified provider.<br /> <br /> This bill removes the six-month limitation for a child who violated their home placement supervision but was not adjudicated on a new offense and placed in custody of the department due to an imminent risk of danger to the child's health and safety and the need for treatment and services and instead requires that a child placed in custody of the department under these circumstances remain in custody as long as necessary to receive the treatment or services needed.<br />