1. Stacy L. Miller Attorney at Law

2. This session will cover appeals from Juvenile Court to Circuit Court and what is required of the Clerks of each court in this regard.

3. Any party may appeal the final order or judgment in a dependency proceeding to Circuit Court for a de novo appeal. This process starts by the filing of a notice of appeal with the Juvenile Court Clerk within ten (10) judicial days following the Juvenile Court’s disposition. [Tenn. Code Ann.§ 37-1-159(a); T.R.J.P. 36]. This includes final orders both from original proceedings and from proceedings to modify or vacate orders pursuant to Tenn. Code Ann. § 37-1-139 and T.R.J.P. 34. Any party may appeal the final order or judgment in a dependency proceeding to Circuit Court for a de novo appeal. This process starts by the filing of a notice of appeal with the Juvenile Court Clerk within ten (10) judicial days following the Juvenile Court’s disposition. [Tenn. Code Ann.§ 37-1-159(a); T.R.J.P. 36]. This includes final orders both from original proceedings and from proceedings to modify or vacate orders pursuant to Tenn. Code Ann. § 37-1-139 and T.R.J.P. 34. Appeal to Circuit Court

4. Any appeal from any final order or judgment in a delinquency proceeding, filed under 37-1-159, except a proceeding under 37-1-134 (transfer case) may be made to the criminal court or court having criminal jurisdiction that shall hear the testimony of the witnesses and try the case de novo. An appeal from any final order or judgment in an unruly child proceeding shall be made to the Circuit Court as with a dependency action.

5.  Any status offense can be appealed to Circuit Court.  What are status offenses: any offense that is a violation, not because it would be a crime if committed by an adult, but because it in unlawful behavior for a minor to engage in.  Examples: truancy, running away, being an unruly child.  These appeals are treated like D/N appeals.

6. There is no civil or interlocutory appeal from a Juvenile Court’s disposition pursuant to 37-1- 134. The only time that there could be an appeal is if a nonlawyer judge presided at the transfer hearing in juvenile court, then the criminal court could hold a hearing if a motion was filed for such hearing to occur.

7. If the order or judgment from which the appeal is taken is from a re-hearing before the Juvenile Court Judge, then the appeal period commences the day after the order of disposition is entered [Tenn. Code Ann. § 37-1- 159(a)]. [From Magistrate to Juvenile Court judge – appeal must be taken 5 judicial days, then the appeal to Circuit Court may be taken.]

8.  Outside of the standard appeals, writs may be taken.  CERTIORARI AND SUPERSEDEAS   Most litigants who are dissatisfied with the results of dependency proceedings in juvenile court will find that de novo appeal to circuit court provides them a speedy and adequate remedy. In other circumstances, habeas corpus proceedings may be appropriate. There are, however, a number of situations in which the de novo appeal process is unavailable or inadequate and habeas corpus procedures do not provide a remedy. Review in such circumstances may be obtained by writ of certiorari. 

9.  HABEAS CORPUS   Habeas Corpus has its origin in common law and has developed to a point where it is a primary vehicle to challenge any alleged illegal confinement or other restraint on liberty. Habeas corpus can be utilized under appropriate circumstances to challenge the improper placement of a child in an institution, group home, or foster home. Until the passage of the Juvenile Post Commitment Procedures Act, habeas corpus was the primary mechanism for challenging the legality of a child's commitment to the custody of the DCS based on unruly or delinquent charges. Post commitment relief petitions are now the most appropriate way to challenge such commitments. See State ex rel. Husky v. Hatler, 606 S.W.2d 534 (Tenn. 1980); State ex rel. Bodkins v. Cook, 633 S.W.2d 477 (Tenn. App. 1981). 

10. Upon receiving the notice of appeal, the Clerk of the Juvenile Court should immediately forward the juvenile court record, including the findings of the judge and any written reports to the Circuit Court. [37-1-159(c)] The entire record should be sent to Circuit Court as it is a de novo hearing. The Circuit Court can consider any evidence that is properly admitted in order to reach its judgment.

11. The filing of an appeal does not automatically stay the order of the Juvenile Court [37-1- 159(b)]. The Circuit Court has the authority to issue a stay and make any temporary disposition of the child pending appeal. For this reason, it is very important that the Circuit Court get the full file from Juvenile Court as soon as possible.

12. Appeals from Juvenile Court are to be set from an early hearing. Some courts, by local rule, automatically set the juvenile appeals for a hearing once the appeals are perfected. Other courts place the burden on the appealing party to set the case by motion. 37-1-159(c) requires that a hearing must be held within 45 days of the receipt of the Juvenile Court record by Circuit Court when the appeals involves the removal of a child from the custody of the parent or guardian or from DCS.

13. No formal pleadings a re required on appeal to place the case at issue at Circuit Court. There is no right to a jury trial on appeal (or at trial). Remember, it is a de novo appeal, so the petition that served as leading process at Juvenile Court serves as the basis for the Circuit Court action as well. The Rules of Civil Procedure apply, so discovery and pretrial motion practice are handled in accordance with any other civil case.

14. Although the entire record of the Juvenile Court, including the court’s findings and written reports, are forward to the Circuit Court on appeal, the Circuit Court renders its decision solely upon evidence adduced at trial. There is no presumption of correctness of the Juvenile Court Order, and the Circuit Court Judge can consider only those parts of the record that are introduced into evidence pursuant to applicable evidentiary standards.

15. The judgment of the Circuit Court is rendered after the de novo hearing. In the final order, the Circuit Court must remand the case to Juvenile Court for enforcement of the judgment [37-1-159(c)]. Appeals from Circuit Court may be taken to the Tennessee Court of Appeals. TPR appeals go directly from Juvenile Court to the Court of Appeals.

16.  In the Matter of: Melanie T. et al  No. M2010-01436-COA-R3-JV –  Filed April 15, 2011.  A copy of the case is in your handouts.

17.  Trial at Juvenile Court, appeal to Circuit Court and then appeal at the Tn. Court of Appeals.  Circuit Court heard the case as a de novo appeal.  Circuit Court then entered its order and the case was appealed to the Court of Appeals. 

18.  Communicate with your local Juvenile Court to agree on a procedure to move the cases along smoothly and efficiently.  Ask the Admin. Office of the Courts/Court Improvement Program for assistance if training is needed or questions arise.