Juvenile Appeals: Juvenile court to circuit court.

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Juvenile Appeals Juvenile court to circuit court.

• Stacy L. Miller
• Attorney at Law

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This session will cover appeals from Juvenile
Court to Circuit Court and what is required of
the Clerks of each court in this regard.
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Appeal to Circuit Court

• Any party may appeal the final order or judgment
  in a dependency proceeding to Circuit Court for a
  de novo appeal.
• This process starts by the filing of a notice of
  appeal with the Juvenile Court Clerk within ten
  (10) judicial days following the Juvenile Courts
  disposition. Tenn. Code Ann . 37-1-159(a)
  T.R.J.P. 36.
• This includes final orders both from original
  proceedings and from proceedings to modify or
  vacate orders pursuant to Tenn. Code Ann.
  37-1-139 and T.R.J.P. 34.

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Appeal from a final judgment in a delinquency or
unruly proceeding

• Any appeal from any final order or judgment in a
  delinquency proceeding, filed under 37-1-159,
  except a proceeding under 37-1-134 (transfer
  case) may be made to the criminal court or court
  having criminal jurisdiction that shall hear the
  testimony of the witnesses and try the case de
  novo.
• An appeal from any final order or judgment in an
  unruly child proceeding shall be made to the
  Circuit Court as with a dependency action.

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Unruly cases

• Any status offense can be appealed to Circuit
  Court.
• What are status offenses any offense that is a
  violation, not because it would be a crime if
  committed by an adult, but because it in unlawful
  behavior for a minor to engage in.
• Examples truancy, running away, being an unruly
  child.
• These appeals are treated like D/N appeals.

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Transfer cases

• There is no civil or interlocutory appeal from a
  Juvenile Courts disposition pursuant to
  37-1-134.
• The only time that there could be an appeal is if
  a nonlawyer judge presided at the transfer
  hearing in juvenile court, then the criminal
  court could hold a hearing if a motion was filed
  for such hearing to occur.

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What if it is an appeal from the Magistrate to
the Juvenile Court Judge and then to Circuit
Court?

• If the order or judgment from which the appeal is
  taken is from a re-hearing before the Juvenile
  Court Judge, then the appeal period commences the
  day after the order of disposition is entered
  Tenn. Code Ann. 37-1-159(a).
• From Magistrate to Juvenile Court judge appeal
  must be taken 5 judicial days, then the appeal to
  Circuit Court may be taken.

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Writ of Certiorari

• Outside of the standard appeals, writs may be
  taken.
• CERTIORARI AND SUPERSEDEAS
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• Most litigants who are dissatisfied with the
  results of dependency proceedings in juvenile
  court will find that de novo appeal to circuit
  court provides them a speedy and adequate remedy.
  In other circumstances, habeas corpus proceedings
  may be appropriate. There are, however, a number
  of situations in which the de novo appeal process
  is unavailable or inadequate and habeas corpus
  procedures do not provide a remedy. Review in
  such circumstances may be obtained by writ of
  certiorari.
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Writ of Habeas Corpus

• HABEAS CORPUS
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• Habeas Corpus has its origin in common law and
  has developed to a point where it is a primary
  vehicle to challenge any alleged illegal
  confinement or other restraint on liberty. Habeas
  corpus can be utilized under appropriate
  circumstances to challenge the improper placement
  of a child in an institution, group home, or
  foster home. Until the passage of the Juvenile
  Post Commitment Procedures Act, habeas corpus was
  the primary mechanism for challenging the
  legality of a child's commitment to the custody
  of the DCS based on unruly or delinquent charges.
  Post commitment relief petitions are now the most
  appropriate way to challenge such commitments.
  See State ex rel. Husky v. Hatler, 606 S.W.2d 534
  (Tenn. 1980) State ex rel. Bodkins v. Cook, 633
  S.W.2d 477 (Tenn. App. 1981).
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The Record on Appeal

• Upon receiving the notice of appeal, the Clerk of
  the Juvenile Court should immediately forward the
  juvenile court record, including the findings of
  the judge and any written reports to the Circuit
  Court. 37-1-159(c)
• The entire record should be sent to Circuit Court
  as it is a de novo hearing. The Circuit Court can
  consider any evidence that is properly admitted
  in order to reach its judgment.

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Effect of the Appeal

• The filing of an appeal does not automatically
  stay the order of the Juvenile Court
  37-1-159(b).
• The Circuit Court has the authority to issue a
  stay and make any temporary disposition of the
  child pending appeal.
• For this reason, it is very important that the
  Circuit Court get the full file from Juvenile
  Court as soon as possible.

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Setting the Case for the De Novo Trial

• Appeals from Juvenile Court are to be set from an
  early hearing.
• Some courts, by local rule, automatically set the
  juvenile appeals for a hearing once the appeals
  are perfected. Other courts place the burden on
  the appealing party to set the case by motion.
• 37-1-159(c) requires that a hearing must be held
  within 45 days of the receipt of the Juvenile
  Court record by Circuit Court when the appeals
  involves the removal of a child from the custody
  of the parent or guardian or from DCS.

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What Kind of Trial?

• No formal pleadings a re required on appeal to
  place the case at issue at Circuit Court.
• There is no right to a jury trial on appeal (or
  at trial).
• Remember, it is a de novo appeal, so the petition
  that served as leading process at Juvenile Court
  serves as the basis for the Circuit Court action
  as well.
• The Rules of Civil Procedure apply, so discovery
  and pretrial motion practice are handled in
  accordance with any other civil case.

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Conduct of the De Novo Hearing

• Although the entire record of the Juvenile Court,
  including the courts findings and written
  reports, are forward to the Circuit Court on
  appeal, the Circuit Court renders its decision
  solely upon evidence adduced at trial.
• There is no presumption of correctness of the
  Juvenile Court Order, and the Circuit Court Judge
  can consider only those parts of the record that
  are introduced into evidence pursuant to
  applicable evidentiary standards.

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Judgment of the Court

• The judgment of the Circuit Court is rendered
  after the de novo hearing.
• In the final order, the Circuit Court must remand
  the case to Juvenile Court for enforcement of the
  judgment 37-1-159(c).
• Appeals from Circuit Court may be taken to the
  Tennessee Court of Appeals.
• TPR appeals go directly from Juvenile Court to
  the Court of Appeals.

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Recent case example

• In the Matter of Melanie T. et al
• No. M2010-01436-COA-R3-JV
• Filed April 15, 2011.
• A copy of the case is in your handouts.

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How this case progressed

• Trial at Juvenile Court, appeal to Circuit Court
  and then appeal at the Tn. Court of Appeals.
• Circuit Court heard the case as a de novo appeal.
• Circuit Court then entered its order and the case
  was appealed to the Court of Appeals.
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Practical Tips.

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• Communicate with your local Juvenile Court to
  agree on a procedure to move the cases along
  smoothly and efficiently.
• Ask the Admin. Office of the Courts/Court
  Improvement Program for assistance if training is
  needed or questions arise.