(a) After the petition has been filed, the clerk shall schedule a time for a hearing and issue summonses to the parties. In case a summons cannot be served or the party served fails to obey the same, and in any case where it is made to appear to the court that such summons will be ineffectual, except as described in subsection (b), an attachment may issue, on the order of the court, against the:

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Terms Used In Tennessee Code 37-1-122

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Child: means :
    (A) A person under eighteen (18) years of age. See Tennessee Code 37-1-102
  • Custody: means the control of actual physical care of the child and includes the right and responsibility to provide for the physical, mental, moral and emotional well-being of the child. See Tennessee Code 37-1-102
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • Significant injury: means bodily injury, including a cut, abrasion, bruise, burn, or disfigurement, and physical pain or temporary illness or impairment of the function of a bodily member, organ, or mental faculty, involving:
    (A) A substantial risk of death. See Tennessee Code 37-1-102
  • Summons: Another word for subpoena used by the criminal justice system.
(1) Parent or guardian;
(2) Person having custody of the child;
(3) Person with whom the child may be; or
(4) Child.
(b)

(1) An attachment for a violation of conditions or limitations of probation pursuant to § 37-1-131 or § 37-1-132, home placement supervision pursuant to § 37-1-137, or diversion pursuant to § 37-1-129 shall not issue unless:

(A) The child poses a significant likelihood of:

(i) Significant injury or sexual assault to another person;
(ii) Danger to self, such that a delay would endanger the child’s safety or health; or
(iii) Damage to property;
(B) The child cannot be located by the supervising person, persons, or entity after documented efforts to locate the child by the supervising person, persons, or entity; or
(C) The child fails to appear for a court proceeding.
(2) If the child has an attorney of record, that attorney must be served with any attachment request made to the court.
(3) A child may not be detained pursuant to an attachment under this subsection (b), unless the child meets the criteria of § 37-1-114.
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