[ADOPTED FEBRUARY 1, 1983; EFFECTIVE JULY 1, 1984]
The appendix to the Tennessee Rules of Juvenile Procedure shall consist of sections 37-1-101, 37-1-102, 37-1-105, 37-1-106, 37-1-111, 37-1-113, 37-1-114, 37-1-116 and 37-1-117of the Tennessee Code Annotated and the following § 31.303(f)(3) of Title 28 of the Code of Federal Regulations, known as the “valid court order” regulations:
§ 31.303 Substantive requirements.
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(f) * * *
(3) Valid Court Order. For the purpose of determining whether a valid court order exists and a juvenile has been found to be in violation of that valid order all of the following conditions must be present prior to secure incarceration:
(i) The juvenile must have been brought into a court of competent jurisdiction and made subject to an order issued pursuant to proper authority. The order must be one which regulates future conduct of the juvenile. Prior to issuance of the order, the juvenile must have received the full due process rights guaranteed by the Constitution of the United States.
(ii) The court must have entered a judgment and/or remedy in accord with established legal principles based on the facts after a hearing which observes proper procedures.
(iii) The juvenile in question must have received adequate and fair warning of the consequences of violation of the order at the time it was issued and such warning must be provided to the juvenile and to the juvenile's attorney and/or to legal guardian in writing and be reflected in the court record and proceedings.
(iv) All judicial proceedings related to an alleged violation of a valid court order must be held before a court of competent jurisdiction. A juvenile accused of violating a valid court order may be held in secure detention beyond the 24-hour grace period permitted for a noncriminal juvenile offender under OJJDP monitoring policy, for protective purposes as prescribed by State law, or to assure the juvenile's appearance at the violation hearing, as provided by State law, or to assure the juvenile's appearance at the violation hearing, as provided by State law, if there has been a judicial determination based on a hearing during the 24-hour grace period that there is probable cause to believe the juvenile violated the court order. In such case the juveniles may be held pending a violation hearing for such period of time as is provided by State law, but in no event should detention prior to a violation hearing exceed 72 hours exclusive of nonjudicial days. A juvenile alleged or found in a violation hearing to have violated a Valid Court Order may be held only in a secure juvenile detention or correctional facility, and not in an adult jail or lockup.
(v) Prior to and during the violation hearing the following full due process rights must be provided:
(A) The right to have the charges against the juvenile in writing served upon him or her a reasonable time before the hearing;
(B) The right to a hearing before a court;
(C) The right to an explanation of the nature and consequences of the proceeding;
(D) The right to legal counsel, and the right to have such counsel appointed by the court if indigent;
(E) The right to confront witnesses;
(F) The right to present witnesses;
(G) The right to have a transcript or record of the proceedings [see definition for “record” in Rule 2]; and
(H) The right of appeal to an appropriate court.
(vi) In entering any order that directs or authorizes the placement of a status offender in a secure facility, the judge presiding over an initial probable cause hearing or violation hearing must determine that all the elements of a valid court order (paragraphs (f)(3)(i), (ii), (iii) of this section) and the applicable due process rights (paragraph (f)(3)(v) of this section) were afforded the juvenile and, in the case of a violation hearing, the judge must obtain and review a written report that: reviews the behavior of the juvenile and the circumstances under which the juvenile was brought before the court and made subject to such order; determines the reasons for the juvenile's behavior; and determines whether all dispositions other than secure confinement have been exhausted or are clearly inappropriate. This report must be prepared and submitted by an appropriate public agency (other than a court or law enforcement agency).
(vii) A non-offender such as a dependent or neglected child cannot be placed in secure detention or correctional facilities for violating a valid court order.
The introductory paragraph was edited by the compiler in 1996 to reflect changes in Tennessee Code Annotated and Code of Federal Regulations citations.