SB0447113th GA (Historical)Introduced

Amends TCA Title 37.

Present law requires the following:<br /> <br /> (1) An order of the juvenile court committing a delinquent child to the custody of the department of children's services ("department") to generally be for an indefinite time;<br /> <br /> (2) A delinquent child so committed to generally be discharged or placed on home placement supervision after a maximum of six months, excluding any time that the child is absent from placement for whatever reason; and<br /> <br /> (3) The commissioner of children's services 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 must be made to the commissioner or the commissioner's designee (together, "commissioner") at least quarterly.<br /> <br /> This bill requires the commissioner of children's services to notify the committing court at least 15 days prior to the proposed discharge of a child under (1). Pursuant to this bill, unless the committing court makes an objection in writing to the commissioner or sets a hearing within the 15-day period with the hearing to be held at the earliest possible date, the court is considered to have assented to the discharge.<br /> <br /> If the committing court objects to the discharge, then this bill requires the objection to be made in writing to the commissioner setting forth the reasons for the objection. This bill prohibits the department from discharging a juvenile if the committing court objects in the prescribed written manner. Upon receiving the objection, this bill requires the commissioner to review the child's file and consult with the committing judge regarding the denial in the form of a hearing set by either the court or by motion of the department or an attorney for the child.<br /> <br /> If an agreement is not reached between the department and the committing judge, then this bill requires the commissioner to request a hearing on the proposed discharge by a three-judge panel to be appointed by the executive committee of the Tennessee council of juvenile and family court judges ("council"). This bill prohibits the three-judge panel from including the committing judge. This bill requires the panel to hear and resolve the controversy within 30 days of receipt by the executive secretary of the council of the request for a hearing. This bill clarifies that the decision of the panel is final.<br /> <br /> ON APRIL 13, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 619, AS AMENDED.<br /> <br /> AMENDMENT #1 removes all of this bill's provisions, except for the provision that requires the commissioner of children's services to notify the committing court at least 15 days prior to the proposed discharge of a delinquent child who was committed to the custody of the department of children's services for an indefinite time.<br /> <br /> ON MARCH 4, 2024, THE SENATE SUBSTITUTED HOUSE BILL 619 FOR SENATE BILL 447, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 619, AS AMENDED.<br /> <br /> AMENDMENT #1 changes the bill's effective date to July 1, 2024.<br />

What moved, what's on next week's agenda, new filings — every Monday, from the public record, free.

No account. Unsubscribe in one click.

Overview

Present law requires the following:<br /> <br /> (1) An order of the juvenile court committing a delinquent child to the custody of the department of children's services ("department") to generally be for an indefinite time;<br /> <br /> (2) A delinquent child so committed to generally be discharged or placed on home placement supervision after a maximum of six months, excluding any time that the child is absent from placement for whatever reason; and<br /> <br /> (3) The commissioner of children's services 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 must be made to the commissioner or the commissioner's designee (together, "commissioner") at least quarterly.<br /> <br /> This bill requires the commissioner of children's services to notify the committing court at least 15 days prior to the proposed discharge of a child under (1). Pursuant to this bill, unless the committing court makes an objection in writing to the commissioner or sets a hearing within the 15-day period with the hearing to be held at the earliest possible date, the court is considered to have assented to the discharge.<br /> <br /> If the committing court objects to the discharge, then this bill requires the objection to be made in writing to the commissioner setting forth the reasons for the objection. This bill prohibits the department from discharging a juvenile if the committing court objects in the prescribed written manner. Upon receiving the objection, this bill requires the commissioner to review the child's file and consult with the committing judge regarding the denial in the form of a hearing set by either the court or by motion of the department or an attorney for the child.<br /> <br /> If an agreement is not reached between the department and the committing judge, then this bill requires the commissioner to request a hearing on the proposed discharge by a three-judge panel to be appointed by the executive committee of the Tennessee council of juvenile and family court judges ("council"). This bill prohibits the three-judge panel from including the committing judge. This bill requires the panel to hear and resolve the controversy within 30 days of receipt by the executive secretary of the council of the request for a hearing. This bill clarifies that the decision of the panel is final.<br /> <br /> ON APRIL 13, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 619, AS AMENDED.<br /> <br /> AMENDMENT #1 removes all of this bill's provisions, except for the provision that requires the commissioner of children's services to notify the committing court at least 15 days prior to the proposed discharge of a delinquent child who was committed to the custody of the department of children's services for an indefinite time.<br /> <br /> ON MARCH 4, 2024, THE SENATE SUBSTITUTED HOUSE BILL 619 FOR SENATE BILL 447, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 619, AS AMENDED.<br /> <br /> AMENDMENT #1 changes the bill's effective date to July 1, 2024.<br />

Track Tennessee Legislation Like a Pro

Join hundreds of professionals using LegisGo to stay ahead of legislative changes.

Instant Alerts

Get notified when bills you track move through the legislature

AI Summaries

Understand complex legislation in seconds with AI-powered analysis

Full Access

All 132 legislators, committee schedules, and voting records

Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 25, 2023

Subjects
076326051150

Want to track this bill? Get instant alerts and AI-powered insights.