Tennessee Code 37-1-302 – Petition for post-commitment relief
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Tennessee Code 37-1-302
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- 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
- Department: means the department of children's services. See Tennessee Code 37-1-102
- Juvenile court: means the general sessions court in all counties of this state, except in those counties and municipalities in which special juvenile courts are provided by law, and "judge" means judge of the juvenile court. See Tennessee Code 37-1-102
- State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
A juvenile in the custody of the department of children’s services pursuant to a commitment by a juvenile court of this state may petition for post-commitment relief under this part at any time after the juvenile has exhausted the juvenile’s appellate remedies or time for an appeal to the circuit court pursuant to § 37-1-159, or the juvenile’s appeal in the nature of a writ of error from the judgment of the circuit court has passed and before the juvenile has been discharged from the custody of the department.