Article IV. Post-Hearing Procedures; Miscellaneous Provisions

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Rule 35: Probation Revocation.

(a) Procedure. Proceedings to revoke probation shall be conducted in the same manner as proceedings on petitions alleging delinquent or unruly conduct. Proceedings to terminate home placement shall be conducted in the same manner as proceedings on petitions alleging delinquent or unruly conduct and in accordance with T.C.A. § 37-1-137. The child whose probation or home placement is sought to be revoked shall be entitled to all rights that a child alleged to be delinquent or unruly is entitled to under law and these rules, except that the petition shall be styled “Petition to Revoke Probation”or “Petition to Terminate Home Placement”and shall, in addition to fulfilling the other requirements for petitions set forth in Rule 9, state the terms of probation or home placement alleged to have been violated and the factual basis for these allegations.

(b) Disposition in Revocation of Probation Cases. If the child is found by a preponderance of the evidence to have violated a term of probation, the court may:

(1) Extend the period of probation, or

(2) Make any other disposition which would have been permissible in the original proceeding.

(c) Disposition in Termination of Home Placement Cases. Dispositions in termination of home placement cases shall be as provided in T.C.A. § 37-1-137.

Advisory Commission Comments.

Although the term “aftercare”is often used to refer to the same process, the term “home placement”is used in this rule, to be consistent with T.C.A. §§ 37-1-102 and 37-1-137, and should be construed to include whatever form of “aftercare”is arranged pursuant to § 37-1-137. Petitions are not absolutely required in termination of home placement cases. Such proceedings may be by administrative hearings conducted upon written reports, as provided for in § 37-1-137.

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