Amends TCA Title 37, Chapter 1.

Present law authorizes a juvenile court judge ("judge") to appoint one or more suitable persons to act as magistrates. Present law authorizes the judge to direct that any case or class of cases over which the juvenile court has jurisdiction must be heard in the first instance by the magistrate. Present law requires that these cases be conducted in the same manner as cases heard by the judge. In the conduct of the proceedings, present law grants the magistrate the powers of a judge and the same authority as the judge to issue any and all process.<br /> <br /> Upon the conclusion of the hearing, present law requires the magistrate to file an order and to inform each party of the right to a hearing before the judge. This bill revises this provision by requiring the order filed by the magistrate to contain written findings of fact, conclusions of law, and recommendations, and by providing that each party has a right to a review by the judge, not a hearing.<br /> <br /> Present law authorizes a party to, within 10 days after entry of the magistrate's order, file a request with the court for a de novo hearing by the judge. This bill rewrites this provision to provide, instead, the following:<br /> <br /> (1) Within 10 days after entry of the magistrate's order, a party may file with the court a written request for a review of the record by the judge. The request must include written exceptions to the magistrate's findings, conclusions, or recommendations, and specify the findings to which the party objects, the grounds for the objection, and the party's proposed findings, conclusions, or recommendations;<br /> <br /> (2) The judge must not grant a review when the party requesting the review did not participate in the hearing before the magistrate in good faith;<br /> <br /> (3) A review by the judge is not a hearing and is limited to those matters for which exceptions have been filed;<br /> <br /> (4) The judge must afford the magistrate's findings, conclusions, and recommendations a presumption of correctness, and must modify the magistrate's findings only when, after review, the judge makes a written finding that an abuse of discretion exists in the magistrate's findings, conclusions, or recommendations; and<br /> <br /> (5) The judge must issue written findings, conclusions, or recommendations, or may schedule the matter for a new hearing of any issues the judge deems necessary, with notice to all parties.<br /> <br /> Present law requires all parties to the hearing before the magistrate to be parties to a de novo hearing before the judge. This bill rewrites this provision to provide that all parties to the hearing before the magistrate are parties to any review conducted by the judge or any hearing that may be set by the judge following the review.<br />