Delinquency Services Summary
Combination State: Delinquency services are organized at both the state and local level in Tennessee. County commissions/boards, juvenile courts, or private contractors operate detention facilities. The Tennessee Department of Children's Services (DCS) administers state probation services in 91 counties, all state juvenile corrections, and aftercare services in all 95 counties. Juvenile courts in Davidson (Nashville), Hamilton (Chattanooga), Knox (Knoxville), and Shelby (Memphis) counties administer their own juvenile probation departments.

Court(s) with Delinquency Jurisdiction
Eighty-one general sessions courts and 17 “Private Act” juvenile courts (courts established by legislation in certain cities and counties) exercise jurisdiction over delinquency proceedings. Both types of courts are limited jurisdiction trial courts. Only Sullivan County and Washington County have both Private Act courts and general sessions courts. Sullivan County has the City of Bristol Juvenile Court (a Private Act court) and two general sessions courts. The City of Bristol court hears all of the juvenile matters for that city while the two other courts hear juvenile matters for the rest of the county. Washington County has a Private Act juvenile court in Johnson City and two general sessions courts, operating the same way as in Sullivan County. For more information, refer to page 13 of the 2004 Tennessee Council of Juvenile and Family Court Judges Annual Juvenile Court Statistical Report.

Highlights

Detention Assessment Tool Developed
In 2005, Public Chapter No. 304 required the Tennessee Commission on Children and Youth to develop a detention screening tool. Membership groups, including the Tennessee Council of Juvenile and Family Court Judges and Tennessee Bar Association, and key system stakeholders will contribute to this effort. For more information, download the Detention Assessment Tool report.

Rural Appalachia Project
In 2003, the National Institute of Mental Health awarded a grant to the University of Tennessee Children's Mental Health Services Research Center for a 5-year study on providing behavioral health services to delinquent youth in eight rural East Tennessee counties. The Rural Appalachia Project is a community development model for reducing the social and economic costs of juvenile delinquency in rural areas.

The project will provide treatment for 720 adolescents and teens between 9 and 17 years old with emotional and behavioral problems. Half of the youth selected from each county will receive an evidence-based practice called multisystemic therapy (MST). The other half will receive the usual care for youth referred to juvenile court from community mental health centers, private practitioners, and state child welfare and juvenile justice systems. Each youth will be assigned a therapist who will be available on a 24-hour, seven-days-a-week basis and work with other people in the community. The counties involved are Claiborne, Cocke, Jefferson, McMinn, Monroe, Morgan, Rhea, and Scott. For more information, read the press release.

Graduated Sanctions Demonstration Site
The Davidson (Nashville) and Williamson (Franklin) County Juvenile Courts are participating in a national graduated sanctions project that the Office of Juvenile Justice and Delinquency Prevention awarded to the Juvenile Sanctions Division of the National Council of Juvenile and Family Court Judges. Davidson County adopted the “one family, one judge” case processing and supervision model and enhanced its alternatives to secure detention. Williamson County improved its risk and needs assessment capability, trained staff in structured decision-making and interviewing skills, and upgraded its Management Information System and integrated it with the graduated sanctions effort.

For more information, contact Michael O’Neil, Davidson County Referee, at (615) 862-8000 or Michael.ONeil@jjs.nashville.org, or Betsy Adgent, Director of Juvenile Services, Williamson County Juvenile Court at (615) 790-5812 or badgent@bellsouth.net.

Detention
Tennessee has 26 juvenile detention facilities administered by county commissions/boards, juvenile courts, or private contractors. Approximately half of these facilities are classified as temporary holding facilities. The rest are classified as secure detention facilities. Alternatives to detention include home supervision, electronic home monitoring, evening report centers, and day report centers.

The intake officer performs a detention screening to determine if there is probable cause (legal sufficiency) that the youth committed the alleged offense and is subject to detention in accordance with statute. Please see the Highlight about the development of a detention screening tool. State statute (37-1-114) outlines specific criteria for holding a juvenile in detention, including if the juvenile escaped from a commitment and if the juvenile is charged with certain offenses.

When a juvenile is detained, a petition must be filed within 2 days; a detention hearing held within 3 days; and an adjudicatory hearing held within 72 hours. Youth alleged to be status offenders must not be detained for more than 24 hours, excluding non-judicial days, without detention hearings and a judicial determination that there is probable cause to believe the youth has violated a valid court order. Status offenders cannot be detained for more than 72 hours, exclusive of non-judicial days, prior to an adjudicatory hearing.

The Juvenile Court has the jurisdiction to hold youth in detention prior to adjudication and disposition. Youth committed to state custody can be held in detention awaiting placement; however, this usually only applies to youth going to secure facilities. Youth can be sentenced to secure detention as part of a disposition and for violating probation.

Delinquency Intake Screening
Any person with knowledge of the alleged facts may make delinquency complaints. County Youth Services Officers/Probation Officers and intake staff employed by local juvenile courts receive delinquency referrals and decide whether to handle cases formally or informally.

In more urban counties, the District Attorney may play a part. For example, paralegals working for the District Attorney screen cases in Davidson County (Nashville) as well as some other counties. Sometimes, judges decide how to handle cases and review decisions.

Diversion
According to statute (37-1-110), County Youth Services Officers/Probation Officers may divert cases through informal adjustment. To divert a case, it must be within the court's jurisdiction, in the public and youth's best interest, and with the youth and his or her parents, guardian, or other custodian's voluntary consent. Informal adjustment cannot extend beyond three months unless extended by the court.

Types of diversion programs offered in Tennessee include alternative school (i.e., Carroll Academy), Street Law, first offenders, conflict resolution classes, alcohol safety education classes, YMCA work-study, and mentoring.

Predisposition Investigation
Youth Services Officers (YSOs), employed by local juvenile courts, generally conduct predisposition investigations, depending on the type of charge and size of the court. District attorneys and government-contracted community service agencies also perform predisposition investigations. In Davidson County (Nashville), Department of Children's Services Juvenile Probation Case Workers develop cases for disposition.

Victim Rights and Services
Tennessee enacted the Victim's Bill of Rights (40-38-101), which applies to victims of juvenile offenders. Victims have the right to be notified of any hearings, to be present at any hearings, and to have input regarding plea bargains or dismissal of charges. Tennessee also has a constitutional amendment (Article I, Section 35) that protects the rights of victims of crime.

The District Attorneys General Conference is the agency charged with providing services to victims; however, some courts may provide victim services. Each individual district attorney determines the victim services provided in his or her county/district.

The Tennessee Treasury Department administers the criminal injuries compensation program.

Probation Supervision
The Probation Division of the Tennessee Department of Children's Services (DCS) administers state probation services in 91 counties through Juvenile Probation Case Managers. Juvenile courts administer their own juvenile probation departments in the remaining four counties: Davidson (Nashville), Hamilton (Chattanooga), Knox (Knoxville), and Shelby (Memphis). Every county's juvenile court employs county juvenile probation officers, referred to as Youth Services Officers (YSO) or Probation Officers. Each county with a population of more than 20,000 may have a full-time Youth Services Officer while counties with a population of 20,000 or less may have a part-time Youth Services Officer.

State probation is considered more serious and restrictive than county probation. Juveniles are usually placed on county probation first and then on state probation if delinquency continues. Some private companies also supervise delinquent offenders, mostly through state contracts or grants.

DCS does not have a risk assessment to determine levels of probation supervision. Each youth on probation receives an individual program plan in addition to the Rules of Probation.

DCS Juvenile Probation Case Managers supervise juveniles on state probation, in state custody, and on aftercare. If the juvenile is placed locally, Juvenile Probation Case Managers continue to supervise the juvenile. It also depends on the size of the jurisdiction and whether it has enough county juvenile probation officers. Juvenile Probation Case Managers only supervise juveniles. At this time, Juvenile Probation Case Managers do not have a cap on their caseloads. The goal is a maximum of 25 cases.

The Department of Children's Services has offices throughout the state that house probation staff and also has staff in county offices. Case managers travel to make home and school visits and to see clients. Case managers are allowed to work flexible schedules in order to complete their job duties. Tennessee offers specialized probation services through grants. Community Intervention Services (CIS) programs provide community-based intervention, treatment, and intensive probation services to delinquent youth in 52 counties. These youth could have been committed to state custody or have been released from custody. CIS provides counseling, training, education, substance abuse education and counseling, and recreation services.

Juvenile Probation Officer Qualifications, Certification, and Training
County juvenile probation officers, referred to as Youth Services Officers or Probation Officers, must have 60 semester hours or 90 quarter hours in criminal justice or social services courses. This education requirement is not mandated by law, but is a regulation of the Tennessee Commission on Children and Youth who distributes a state supplement to each court if they follow these guidelines.

Youth Services Officers/Probation Officers are not professionally certified. However, the Tennessee Council of Juvenile and Family Court Judges and the Tennessee Juvenile Court Services Association train probation officers. According to policies of the Tennessee Commission on Children and Youth, courts must meet minimum training requirements to receive a state supplement. An officer must receive 40 hours of training in the first year and 20 hours of training annually thereafter or 15 hours if the county has more than one officer on staff and one is a supervisor. The supervisor has to receive 20 hours of training a year.

The Department of Children's Services sets the pre-service and in-service education and training requirements for state Juvenile Probation Case Managers. Case managers must have a bachelor's degree from an accredited college or university. Each case manager must complete 300 hours of pre-service training during the first year of employment and 40 hours of in-service training each following year.

Juvenile Corrections Continuum
The Department of Children's Services (DCS) administers juvenile corrections in Tennessee. DCS' Division of Juvenile Justice operates 4 secure youth development centers and 12 staff-secure group homes. An additional secure facility for girls will open soon in Davidson County.

Commitment to State
The assigned probation officer/case manager prepares a pre-commitment report that includes educational status, family background, employment history, physical examination and report, and a psychological report if possible. The court orders indeterminate commitments of adjudicated youth, but has the option of ordering determinate commitments if the juvenile meets certain offense, age, and previous adjudication criteria. When the court commits an adjudicated delinquent, custody transfers to the Department of Children's Services (DCS).

The court can make placement recommendations, but DCS has the ultimate authority. The Populations Management Unit, a unit in the Department of Children's Services, coordinates the placement of delinquent youth.

The court's review requirements depend on the juvenile's status. Courts and foster care review boards periodically review cases of juveniles in State custody. Courts hold permanency planning hearings within one year of placement. DCS reviews the treatment, rehabilitation, and progress of a DCS-committed juvenile quarterly. A treatment team composed of institutional or program staff and the home county case manager completes the quarterly reviews.

DCS assesses each juvenile in its custody. Case managers collect a thorough social history through interviews. They use the Community Risk Assessment to determine the juvenile's level of risk to the community if allowed to remain at home or placed in a community-based residential treatment program. The University of Tennessee's Shortform Assessment for Children determines the need for mental health services. Case managers use the Family Functioning Assessment to identify family issues that may impact a juvenile's ability to remain in the home or to return home.

Blended Sentencing
Tennessee does not have blended sentencing provisions.

Direct Placement
The court can place a juvenile in a local public or local private facility from two weeks to one year, depending on offense and treatment needs. County Probation Officers/Youth Services Officers supervise juveniles in local public and local private placements.

Release
The Department of Children's Services (DCS) may review the status of a juvenile adjudicated delinquent who is 19 and in DCS' legal custody to determine if he or she should remain in DCS' care to complete high school or other educational training or to receive other services.

Tennessee does not have a parole board. Indeterminate commitments are based on recommendations made by the superintendents of the Youth Development Centers where juveniles reside, with approval by the Commissioner of Children's Services and the committing judge. Determinate sentence releases are authorized after the completion of the sentence with incentive time calculated at approximately 30 percent.

Aftercare/Re-entry
The Probation Division of the Department of Children's Services (DCS) administers aftercare services to youth released from state custody in all 95 counties in Tennessee. DCS Juvenile Probation Case Managers supervise juveniles on state probation while they are in state custody and on aftercare. While juveniles are in a Youth Development Center, the home county case manager (probation officer) maintains contact with the juvenile and works with the family to facilitate return to the home. If the plan does not include returning home, the case manager works on the alternate plan while the juvenile is in the facility.

DCS contracts with two mental health centers for intensive aftercare services. There is a program in Knox County and one in Madison County (Jackson, TN). Efforts are underway to expand intensive aftercare programs to other areas of the state.

Tennessee is participating in the Office of Justice Program's Serious and Violent Offender Reentry Initiative. For information about Tennessee's involvement, click here. By visiting the State Activities & Resources page, users can read about how other states are using their grants. Descriptions of programs for juveniles follow the descriptions of programs for adults, where applicable.

State Laws

Legal Resources
Tennessee Code Annotated Title 37 Juveniles

Tennessee Bar Association

Purpose Clauses
To read Tennessee's purpose clause for delinquency proceedings and juvenile corrections, click here.

Delinquency Jurisdiction (as of the end of the 2005 legislative session)
Lower Age: None specified
Upper Age: 17
Extended Age of Delinquency Jurisdiction: 18; may be extended until the juvenile pays all restitution.

Juvenile Transfer Laws
For information on Tennessee's juvenile transfer laws, click here.

Juvenile Justice Leadership

Tennessee Commission on Children and Youth
The Tennessee State Legislature created the Commission on Children and Youth to advocate for improving the quality of life for the state's children and families. TCCY is an independent agency that implements the provisions of the Juvenile Justice and Delinquency Prevention Act in Tennessee.

Tennessee Council of Juvenile and Family Court Judges
Statute created this membership organization of all the juvenile court judges in the state. It educates and provides training to 112 judges, 37 referees, and over 350 staff with juvenile court jurisdiction to enable them to better administer justice for Tennessee’s children, youth, and families referred to the courts. TCJFCJ develops and maintains a Core Curriculum to be used as orientation and training for all new court staff. It also collects statistical information on cases handled by juvenile courts that are disposed and reported to the TCJFCJ that is used for analysis and published.

Tennessee Voices for Children.
Tennessee Voices for Children is a statewide not-for-profit organization of parents, professionals, business leaders and state representatives committed to improving and expanding services related to the emotional & behavioral well-being of children.

Resources/Contacts
Tennessee Bar Association
Tennessee Commission on Children and Youth
Tennessee Council of Juvenile and Family Court Judges
Tennessee Department of Children's Services
Tennessee District Attorneys General Conference
Tennessee Juvenile Court Services Association
Tennessee Supreme Court's Administrative Office of the Courts
Tennessee Voices for Children

Debrah Stafford
Juvenile Justice Specialist
Tennessee Commission on Children and Youth
Andrew Johnson Tower, 9th Floor
710 James Robertson Parkway
Nashville, TN 37243-0800
Phone: (615) 532-1574
Fax: (615) 741-5956

The National Center for Juvenile Justice strives to make each State Profile as accurate as possible. Please bring any errors, updates, or additions to the attention of the State Profiles project manager. Persons listed as state contacts are not responsible for information contained in these profiles.

© 2000 (original copyright); © 2006 (most recent copyright) National Center for Juvenile Justice

Citation: National Center for Juvenile Justice. 2006. "Tennessee." State Juvenile Justice Profiles. Pittsburgh, PA: NCJJ. Online. Available: http://www.ncjj.org/stateprofiles/.