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TENNESSEE COMPILATION OF SELECTED LAWS ON CHILDREN, YOUTH AND FAMILIES, 2011 EDITION

TENNESSEE CODE ANNOTATED

Title 37 Juveniles

Chapter 3 Administration of Children and Youth Services

Part 1 Tennessee Commission on Children and Youth Act of 1988

37-3-103. Powers and duties.

(a) (1) The commission shall perform each of the following duties:

(A) Make recommendations concerning establishment of priorities and needed improvements with respect to programs and services for children and youth;

(B) Review and analyze the proposed budget, as contained within the general appropriations act, for each entity of state government that utilizes state or federal funds to administer or provide programs and services for children and youth; prepare and distribute an impact statement for the proposed budget of each such entity; and make recommendations to the governor, the finance, ways and means committee of the senate, the finance, ways and means committee of the house of representatives and the legislative office of budget analysis;

(C) Implement the provisions of the Juvenile Justice and Delinquency Prevention Act of 1974, compiled in 42 U.S.C. § 5601 et seq., and distribute, consistent with the purpose of the commission as set forth by § 37-3-102(a), such funds as the general assembly shall direct;

(D) Advocate and coordinate the efficient and effective development and enhancement of state, local and regional programs and services for children and youth;

(E) Publish annually, on or before December 31, a comprehensive report on the status of children and youth in Tennessee; and distribute the report to the governor, to each member of the general assembly and to each of the state's depository libraries; and

(F) Promulgate, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, such rules as may be necessary to perform the duties prescribed by the provisions of this part.

(2) If a new, separate or reorganized department, office or agency is established to administer the duties of youth services in the department of correction, the duties in this subsection (a) and the duties and authority provided by §§ 37-1-161 and §§ 37-1-162, and any funds allocated to the commission on children and youth for distribution, may be transferred by executive order of the governor to such new, separate or reorganized entity.

(b) To the extent that adequate resources are available, the commission is authorized to perform any one (1) or more of the following activities:

(1) Identify and analyze specific problems concerning programs and services for children and youth;

(2) Prepare and distribute impact statements analyzing the potential effect of proposals under consideration by the general assembly that relate to the health, well being and development of children and youth;

(3) Review licensing or certification standards and program policies, promulgated by entities of state government, that affect children and youth; and make recommendations concerning such standards and policies to the governor, to the entity promulgating any such standard or policy and to each member of the general assembly; and

(4) Monitor foster care review boards; report on the impact of foster care review on children and youth in foster care; and make recommendations for improvement of the state's foster care system to the governor and each member of the general assembly.

Acts 1988, ch. 979, § 2; 1999, ch. 230, § 3; 2010, ch. 1030, § 12.

Compiler's Notes. For creation of advisory group to the commission on children and youth, see Executive Order No. 29 (September 26, 1989).

Acts 2005, ch. 304, § 1 provided:

(a) The commission is charged with the development of a decision-making tool that is proposed for use by juvenile court judges and their designees to objectively assess the risk that a child, who is alleged or determined to be delinquent or unruly, poses to the community, or the risk that such a child will fail to appear at future adjudicatory hearings, and, therefore, to determine whether the child should be detained in secure detention pursuant to chapter 1 of this title. This assessment tool should be developed by the commission with the intention that, if implemented, it will be used consistently across the state.

(b) In addition to developing the assessment tool, the commission shall include the following in its report to the general assembly:

(1) A recommended plan for the implementation of the assessment tool consistently across the state;

(2) Recommendations for a monitoring and reporting process to track the use of the assessment tool, in particular to track the use of any overrides or waivers of the assessment tool that would be made available to the courts;

(3) Recommendations for a time frame and process for periodic review, modification and update of the assessment tool; and

(4) Any other factors the commission finds relevant to the successful implementation of the assessment tool, in its discretion.

(c) In developing the assessment tool and the related recommendations, the commission shall assemble a group of stakeholders, of a size within its discretion, which may include national experts on juvenile detention or juvenile detention alternatives, and which shall include at least one (1) representative appointed by each of the following groups:

(1) Tennessee Bar Association;

(2) Tennessee Sheriffs' Association;

(3) Tennessee Association of Chiefs of Police;

(4) Tennessee Voices for Children;

(5) Tennessee Association of Mental Health Organizations;

(6) Tennessee district attorneys general conference;

(7) Tennessee district public defenders conference;

(8) Tennessee administrative office of the courts;

(9) Tennessee Organization of School Superintendents;

(10) Tennessee School Resource Officers Association;

(11) Tennessee Juvenile Court Services Association; and

(12) Tennessee council of juvenile and family court judges.

(d) The commission shall report its findings, including the proposed assessment tool, to the select committee on children and youth of the general assembly, the children and family affairs committee of the house of representatives, and the senate judiciary committee, no later than January 15, 2006, for the general assembly's consideration of statewide implementation of the assessment tool.

Former part 1, §§ 37-3-101 - 37-3-110 (Acts 1980, ch. 865, §§ 1, 3-9, 13; 1985, ch. 478, § 34; T.C.A., §§ 37-7-101 - 37-7-109), concerning the children's services commission, was repealed by Acts 1988, ch. 979, § 2.

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