Article II. Prehearing Procedures

215

Rule 6: Time Limits for Detention Hearings.

(a) Delinquent Cases. In the case of a child alleged to be delinquent, a detention hearing shall be held no later than seventy-two (72) hours after the child is placed in detention to determine whether his or her detention is required. In computing the seventy-two (72) hours limitation for purposes of such detention hearing, nonjudicial days are excluded, but in no event shall the hearing be held later than eighty-four (84) hours after the child is placed in detention.

(b) Unruly Cases. In the case of a child alleged to be unruly, a detention hearing shall be held no later than twenty-four (24) hours after the child is placed in detention. A child alleged to be unruly shall not be detained for more than twenty-four (24) hours unless there has been a detention hearing and a judicial determination that there is probable cause to believe the child has violated a valid court order, and in no event shall such a child be detained for more than seventy-two (72) hours after the child is placed in detention prior to an adjudicatory hearing. In computing the twenty-four (24) hours limitation for purposes of such detention hearing, nonjudicial days are excluded, but in no event shall the hearing be held later than seventy-two (72) hours after the child is placed in detention. In computing the seventy-two (72) hours limitation for purposes of such adjudicatory hearing, nonjudicial days are excluded, but in no event shall the hearing be held later than eighty-four (84) hours after the child is placed in detention. Nothing herein shall prohibit the court from ordering the placement of children in shelter care where appropriate, and such placement shall not be considered detention within the meaning of this section.

Advisory Commission Comment.

Rule 6 is taken from T.C.A. §§ 37-1-114 and 37-1-117.

The reference in subsection (b) of the rule to “valid court orders” is taken from T.C.A. § 37-1-114 as amended by Public Chapter 882, enacted in 1982 specifically to put Tennessee in compliance with the federal Juvenile Justice and Delinquency Prevention (JJDP) Act, found at 42 U.S.C.A. 5601-5751 (Chapter 882, often referred to as Tennessee's “deinstitutionalization legislation,” also amended T.C.A. §§ 37-1-117 and 37-1-132.)  The Office of Juvenile Justice and Delinquency Prevention in August of 1982 issued final regulations to implement that portion of the Act which deals with the detention and institutionalization of status offenders (unruly children).  These regulations, which are found at 28 C.F.R. § 31.303(i)(3), set forth the legal requirements for the issuing of “valid court orders,” the violation of which by unruly children may, in certain circumstances, authorize juvenile courts to detain and/or commit such children to the Department of Correction. See the appendix to these rules for the text of the regulations.

Advisory Commission Comments [2007].

The 2007 Amendment clarifies time computation for detention of delinquent and unruly children. The 2007 Amendment also eliminates prior subsection (c), which pertained to dependent and neglected cases, as duplicative of Tenn. R. Juv. P. 16(a).

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