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TCA 37-1-159

Appeals

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What does this charge mean?

This statute allows a person to appeal a juvenile court decision to a higher court, which will hear the case completely fresh (called "de novo"). However, if the child pleads guilty or admits to wrongdoing, they lose the right to appeal the conviction itself. Appeals must be filed within 10 days of the court's decision.

Penalty Details

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(a) The juvenile court shall be a court of record; and any appeal from any final order or judgment in a delinquency proceeding, filed under this chapter, except a proceeding pursuant to § 37-1-134, may be made to the criminal court or court having criminal jurisdiction that shall hear the testimony of witnesses and try the case de novo. However, if the child pleads guilty or no contest in a delinquency or unruly proceeding, the child waives the right to appeal the adjudication. If the plea includes an agreement as to disposition, the child also waives the right to appeal the disposition. Any appeal from any final order or judgment in an unruly child proceeding or dependent and neglect proceeding, filed under this chapter, may be made to the circuit court that shall hear the testimony of witnesses and try the case de novo. The appeal shall be perfected within ten (10) days, excluding nonjudicial days, following the entry of the juvenile court’s order. If a hearing before a judge of a matter heard by a magistrate is not requested or provided pursuant to § 37-1-107, the date of the expiration of the time within which to request the hearing shall be the date of disposition for appeal purposes, and the parties and their attorneys shall be so notified by the magistrate. If there is a rehearing by the judge, the appeal period shall commence the day after the order of disposition is entered. All parties to the juvenile court proceeding shall be parties to the de novo appeal. (A) A person under eighteen (18) years of age. See Tennessee Code 37-1-102Conviction: A judgement of guilt against a criminal defendant.Court order: means any order or decree of a judge, magistrate or court of competent jurisdiction. See Tennessee Code 37-1-102Custody: 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 37-1-102Department: means the department of children's services. See Tennessee Code 37-1-102Dependent: A person dependent for support upon another.Foster care: means the temporary placement of a child in the custody of the department of children's services or any agency or institution, whether public or private, for care outside the home of a parent or relative, by blood or marriage, of the child, whether the placement is by court order, voluntary placement agreement, surrender of parental rights or otherwise. See Tennessee Code 37-1-102Guardian: 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.Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.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 37-1-102Nonjudicial days: means Saturdays, Sundays and legal holidays. See Tennessee Code 37-1-102Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.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 1-3-105Remand: When an appellate court sends a case back to a lower court for further proceedings.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 1-3-105Testimony: Evidence presented orally by witnesses during trials or before grand juries.Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.Unruly child: means a child in need of treatment and rehabilitation who:(A) Habitually and without justification is truant from school while subject to compulsory school attendance under §. See Tennessee Code 37-1-102written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105(b) An appeal does not suspend the order of the juvenile court, nor does it release the child from the custody
View on official sourceLast verified: Feb 25, 2026

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TCA Section37-1-159