Can a Tennessee juvenile court judge release a delinquent child the court committed to the Department of Children's Services and placed in a youth development center?

Plain-English summary

Juvenile Court Judge Paul Wohlford of Bristol asked whether a juvenile court judge had the authority to release a delinquent child the court had previously committed to the Department of Children's Services and placed in a youth development center. The AG said yes, and used the request to formally retire an outdated 1991 AG opinion that had said no.

The reasoning was a straight statutory comparison. Before July 1, 2007, Tenn. Code Ann. § 37-1-139(b) gave juvenile courts a general power to change, modify, or vacate orders on changed circumstances, but expressly excepted three categories: orders committing a delinquent child to the state department of children's services, orders committing a delinquent child to an institution for delinquent children, an order terminating parental rights, and an order of dismissal. So under the pre-2007 statute, once a delinquent child was committed to DCS, the juvenile court lost the power to pull the child back out.

Chapter 199 of the Public Acts of 2007 rewrote that subsection. The new (b) preserved the exceptions for parental termination orders and orders of dismissal, but dropped the exceptions for delinquent-child commitments to DCS and to institutions for delinquent children. The new language permits change, modification, or vacation on a finding of changed circumstances and that the change is in the best interest of the child.

The procedural framework appears in § 37-1-139(d) and (e). Under (d), "[a]ny party to the proceeding, the probation officer or other person having supervision or legal custody of or an interest in the child may petition the court for the relief provided in this section." Subsection (e) sets out the procedures the court follows once a petition is filed. The AG opinion notes in a footnote that as of February 2010, Tenn. R. Juv. P. 34(c) had not yet been updated to track the new statutory procedure.

The AG closed by formally retiring its own earlier opinion, Op. Tenn. Att'y Gen. 91-53 (May 29, 1991), which had read the pre-amendment version of § 37-1-139(b) to bar juvenile-court-initiated release from the Department of Youth Development. Because the statute on which that earlier opinion was based had changed, the AG declared that 91-53 "no longer correctly states the law."

Currency note

This opinion was issued in 2010. Tennessee's juvenile-court and DCS-commitment framework has continued to develop, and § 37-1-139 has been amended multiple times. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Background and statutory framework

Tennessee juvenile-court jurisdiction over delinquent children includes both initial disposition and continuing supervision. The court can commit a delinquent child to the custody of DCS, which may then place the child in a youth development center. Whether the committing court retained the power to pull the child back out, or had to leave the placement decision to DCS, was the question Judge Wohlford raised.

The statutory hinge is the list of exceptions in § 37-1-139(b). Before 2007 the list included DCS commitments. After 2007 it did not. The change tracked a broader legislative trend toward giving juvenile courts continuing authority over placement decisions on a changed-circumstances and best-interest standard, similar to the standard used in dependency cases.

§ 37-1-139(d) widens the class of parties who can file the petition. It is not limited to the child or the child's attorney; the probation officer, anyone with supervision or legal custody of the child, and anyone with "an interest in the child" can also file. § 37-1-139(e) provides the procedural framework: notice, opportunity to be heard, and the burden on the moving party to show changed circumstances and best interest.

Common questions

Q: Did a juvenile court have to wait for DCS to consent before releasing a committed child?
A: Under the AG's reading of the post-2007 statute, no. The court could act on a petition without DCS consent if changed circumstances and best interest were shown.

Q: Who could file the petition?
A: § 37-1-139(d) lists any party to the proceeding, the probation officer, or any other person having supervision, legal custody, or an interest in the child.

Q: What did "changed circumstances" mean in practice?
A: The statute does not enumerate categories. Typical bases included completion of programming, family stability changes, mental-health updates, age-out approaching, or new placement options. The court applied a totality-of-circumstances review.

Q: Did the AG opinion change practice immediately?
A: The opinion did not change the statute. The statute had already been amended in 2007. The opinion clarified that the AG's prior contrary opinion (91-53) was no longer correct, removing any cloud on the new statute's operation.

Q: What about the Rules of Juvenile Procedure?
A: The opinion notes that as of February 2010, Tenn. R. Juv. P. 34(c) had not been updated to mirror the new statute. Practitioners should check the current rule and the statute together; the statute controls in the event of conflict.

Citations and references

Statutes and session laws:

• Tenn. Code Ann. § 37-1-139(b) (modification of orders; post-2007 version)
• Tenn. Code Ann. § 37-1-139(d) (2009 Supp.) (who may petition)
• Tenn. Code Ann. § 37-1-139(e) (2009 Supp.) (procedure on petition)
• Chapter 199, Public Acts of 2007 (the amendment)

Rules:

• Tenn. R. Juv. P. 34(c) (juvenile-court procedure; not yet conformed at the time of opinion)

Superseded AG opinions:

• Op. Tenn. Att'y Gen. 91-53 (May 29, 1991) (no longer correctly states the law)

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2010/op10-020.pdf

Original opinion text

Juvenile Court's Authority to Release Delinquent Child from DCS Custody

QUESTIONS

Does a juvenile court judge have the authority to release from custody a delinquent child committed to the Department of Children's Services and placed in a youth development center?

OPINIONS

Yes, pursuant to Tenn. Code Ann. § 37-1-139(b) a juvenile court judge has the authority to change, modify or vacate an order of commitment of a delinquent child to the Department of Children's Services upon a finding of changed circumstances and that the change, modification or vacation is in the best interest of the child.

ANALYSIS

As of July 1, 2007, a juvenile court judge has the authority to change, modify or vacate an order of commitment of a delinquent child to the Department of Children's Services upon a finding of changed circumstances and that the change, modification or vacation is in the best interest of the child. Prior to July 1, 2007, Tenn. Code Ann. § 37-1-139(b)(2005) read in pertinent part as follows:

An order of the [juvenile] court may also be changed, modified or vacated on the ground that changed circumstances so require in the best interest of the child, except an order committing a delinquent child to the state department of children's services, or an institution for delinquent children, an order terminating parental rights or an order of dismissal.

(emphasis added). That Code section was amended, effective July 1, 2007, to eliminate the restriction on the court's initiation of the release of delinquent children, and now provides in pertinent part:

Except for an order terminating parental rights or an order of dismissal, an order of the court may also be changed, modified or vacated upon a finding of changed circumstances and that the change, modification or vacation is in the best interest of the child.

Chap. 199 of the Public Acts of 2007. The statute provides that "[a]ny party to the proceeding, the probation officer or other person having supervision or legal custody of or an interest in the child may petition the court for the relief provided in this section." Tenn. Code Ann. § 37-1-139(d)(2009 Supp.). It also sets out the procedures to be followed after such a petition is filed. Tenn. Code Ann. § 37-1-139(e)(2009 Supp.).

[Footnote: No change has been made as yet to the Rules of Juvenile Procedure to conform them to the new statutory procedures. See TENN. R. JUV. P. 34(c).]

Tenn. Op. Atty. Gen. No. 91-53 (May 29, 1991), opined, based in part on the prior version of Tenn. Code Ann. § 37-1-139(b), that a juvenile court judge could not initiate the release of a juvenile committed to the then Department of Youth Development. Inasmuch as one of the statutes on which the opinion was based was changed subsequent to the issuance of the opinion, Tenn. Op. Atty. Gen. No. 91-53 (May 29, 1991) no longer correctly states the law.

ROBERT E. COOPER, JR.
Attorney General and Reporter

CHARLES L. LEWIS
Deputy Attorney General

KIMBERLY J. DEAN
Deputy Attorney General

Requested by:
The Honorable Paul R. Wohlford
Juvenile Court Judge
Bristol Tennessee Juvenile Court
104 Eighth Street
Bristol, Tennessee 37620