(a) The court hearing upon a petition under §§ 33-8-305 – 33-8-313 shall be held within seven (7) calendar days of the filing of the petition. Upon the filing of the petition, the court shall appoint counsel to represent the child at the hearings, unless the child already has an attorney due to a pending commitment under chapter 6, part 5 of this title. The petition shall be served personally upon both the child and the child’s attorney.
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Terms Used In Tennessee Code 33-8-310

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Child: means a person who is under eighteen (18) years of age. See Tennessee Code 33-1-101
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) The child’s attorney shall not in any case be a person who has previously advised the parties seeking authorization to administer electroconvulsive therapy or other convulsive therapy, nor shall the attorney be a person who has previously advised the child’s parents, the parent’s business, the child’s legal guardian, or the legal guardian’s business.
(c) The court-appointed independent psychiatrist or the child psychiatrist whose affidavit accompanied a petition filed under § 33-8-309 shall be a witness at the hearing. The child psychiatrist’s testimony may be used in place of a court-appointed independent psychiatrist. The psychiatrist’s testimony shall not be regarded as conclusive, and the court shall consider any other evidence, including other expert testimony, offered in opposition to the authorization of the therapy.
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