(a) Procedure. Proceedings to establish a violation of the conditions of probation or home placement supervision shall be conducted in the same manner as proceedings on petitions alleging delinquent conduct. The child whose probation or home placement supervision is sought to be modified or revoked shall be entitled to all rights that a child alleged to be delinquent is entitled to under law and these rules. A petition is required for a violation of probation. A petition is also required for a violation of home placement supervision when the child has been released from the custody of the Department of Children’s Services. The petition shall identify the remedy being sought and the factual basis for the action.
(b) Burden of proof. The burden of proof shall be a preponderance of the evidence.
(c) Disposition. If the child violates the conditions of probation or home placement supervision, the court may make any other disposition which would have been permissible in the original proceeding, subject to T.C.A. § 37-1-137.
[Amended by order filed January 8, 2019 effective October 1, 2019.]
Advisory Commission Comments.
The term “probation” refers to a child on either state or county probation, and a petition is required to initiate a proceeding to violate.
The term “home placement supervision” refers to a child who has been in state custody and is now placed at home for a trial period. A child on home placement supervision remains in state custody until discharged by operation of law at the expiration of 30 days. During that 30 day period the Department of Children’s Services is authorized to remove the child from the home at its discretion. A petition is not required to remove the child, but notice must be filed with the court. A review hearing must be scheduled within 30 days of the child’s removal, pursuant to T.C.A. § 37-1-137(d)(2) or within 7 days if the child is placed in detention, pursuant to T.C.A. § 37-1-137(e).
Upon discharge from custody, the child may continue on home placement supervision, a program that the Department refers to as “aftercare.” When a child who is not in the legal custody of the Department violates home placement supervision (aftercare), a violation petition is required. A hearing is required and must occur within 7 days if the child is placed in detention. See T.C.A. § 37-1-137(e).
Advisory Commission Comments .
The original Advisory Commission Comment provided: "A hearing is required and must occur within 7 days if the child is placed in detention. " After the amendment to Tenn. Code Ann. §37-1-137(e) (2018 Tenn. Pub. Acts, ch. 1052, §41), the hearing must occur within seven (7) days of filing of the violation petition; in applying the rule, be aware that the original time frame described in the Advisory Commission Comment has been superseded by statute: the time for conducting the hearing now runs from the date of filing the petition alleging a violation.