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Tennessee Juvenile Law Questions & Answers
1 Answer | Asked in Criminal Law and Juvenile Law for Tennessee on
Q: I am 19 my daughter is turning 1 but her mother is 15 about to be 16 can i get in trouble?
Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Aug 5, 2018

Yes, It is statutory rape .

1 Answer | Asked in Criminal Law and Juvenile Law for Tennessee on
Q: My 14 year old nephew is facing 3 felonies 2 are d felonies and the other is as e felony he has never been in trouble

Could he use a title 40 and also what could he be facing as far as time goes

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Jun 27, 2018

If he is facing three felonies, you should consult with a local criminal defense attorney. You don't just get off from those things.

1 Answer | Asked in Juvenile Law for Tennessee on
Q: If I runaway and I’m under the age of 17 ... if I get caught what will they do to me ? What will happen ?
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jun 26, 2018

You could be charged in juvenile court as "unruly"- the ultimate disposition will be up to the local juvenile court judge and depending on your prior record, it could be anything between some form of probation or supervision ( almost nothing) and at the other extreme, juvenile detention (... View More

2 Answers | Asked in Child Custody, Criminal Law and Juvenile Law for Tennessee on
Q: Is it a punishable offense to repeatedly “whip” a child with a belt to the point bruises are visible days later?

A parent has repeatedly used a belt on a 5 year old to where bruises of various colors are visible by the other parent. The parents are separated, never married and have 50/50 visitation. The children are returned to the primary custodial parent with bruises and have been threatened to not tell... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Jun 22, 2018

Yes. That is child abuse.

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1 Answer | Asked in Criminal Law and Juvenile Law for Tennessee on
Q: 3 Juveniles broke in my home and stole some items. The Police have recovered some of the items. Will I get them back?
Lawrence James Arnkoff
Lawrence James Arnkoff
answered on May 9, 2018

Yes but you might have to wait awhile before you get them back. As long as

they are evidence they will be held by the prosecuting authority. Find out

who the lead officer is on the case and respectfully ask him to keep you advised

of the progress on the case and remind him...
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1 Answer | Asked in Family Law, Adoption and Juvenile Law for Tennessee on
Q: i am 16 years old. i was adopted a couple of years ago and i was wondering if i could legally move out w/o consent
Marjorie A Bristol
Marjorie A Bristol
answered on Apr 28, 2018

No, you cannot move out without parental consent until you are 18.

2 Answers | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Tennessee on
Q: If another state dramatically mismanages a foster child's case, can I sue the sate for legal guardianship?

This child is my blood relative and was placed with us for permanent placement. She has been suddenly placed back with bio parents on 2 occasions after PTR has been filed. She is only 3. She has moved homes 5 times. The caseworker has not made 1 choice in the best interest of this child. The last... View More

Mr. William Ray Glasgow
Mr. William Ray Glasgow
answered on Apr 5, 2018

There may be actions you can take to get children properly placed, but it appears you need an experienced attorney at this point. "Suing" the state should not be at the top of your list. It is difficult for everyone when the state finds it necessary to remove children from their parents.... View More

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1 Answer | Asked in Personal Injury and Juvenile Law for Tennessee on
Q: Is it Tennessee law that a settlement involving a minor be placed in a trust fund until the child is of legal age
Mr. James Charles Wright
Mr. James Charles Wright
answered on Apr 2, 2018

There are a number of statutory considerations for minor settlements. One issue is whether the amount is greater than 10,000.

http://butlervinesbabblaw.com/blog/how-to-deal-with-minor-settlements/

Something, whether a trust, or other fiduciary protection is needed for amounts over...
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1 Answer | Asked in Traffic Tickets, Car Accidents and Juvenile Law for Tennessee on
Q: What is the punishment for a 17 year old driver in violation of 55-8-136-b
Mr. James Charles Wright
Mr. James Charles Wright
answered on Apr 2, 2018

Look at TCA 40-35-111. TCA 55-8-136 states a violation is a class C misdeamenor.

Up to a 50 dollar fine and/or 30 days. Not likely going to get any days- A fine generally. If the person goes to court and is found guilty court costs will be added. You will need to check with the clerk...
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1 Answer | Asked in Juvenile Law for Tennessee on
Q: I am 17 if I runaway can the police bring me home if I'm In a safe place and still going
Marjorie A Bristol
Marjorie A Bristol
answered on Mar 30, 2018

Yes, they can. You cannot leave home without parental permission until you are 18.

1 Answer | Asked in Child Custody and Juvenile Law for Tennessee on
Q: I am 16 and want to live with my boyfriend and my mom is letting me. If anyone else finds out can I be taken away?
Marjorie A Bristol
Marjorie A Bristol
answered on Mar 25, 2018

DCS may remove you from your mom if they find out. Your mother letting you live with your boyfriend is not appropriate supervision, especially if your boyfriend is over 18.

1 Answer | Asked in Juvenile Law for Tennessee on
Q: The victim is age 12, and the defendant is age 14

Rape of a child

Marjorie A Bristol
Marjorie A Bristol
answered on Mar 18, 2018

What is the offense? What is your question?

1 Answer | Asked in Family Law and Juvenile Law for Tennessee on
Q: If a minor is emancipated, can dcs still have authority over them as a minor?
Marjorie A Bristol
Marjorie A Bristol
answered on Mar 17, 2018

Yes, they can. If the minor is a dependent/neglected child or if the child commits a delinquent act, then DCS can be involved.

1 Answer | Asked in Family Law and Juvenile Law for Tennessee on
Q: my boyfriend is 15 and turns 16 july-16. i just turned 19 is it legal for us to date?
Marjorie A Bristol
Marjorie A Bristol
answered on Mar 17, 2018

If there is less than 4 years between your ages (sounds like it from the facts here), then you cannot be prosecuted for statutory rape. However, you may have other risk of liability for dating a minor if his parents are opposed or if you engage in other behavior like drinking or taking drugs... View More

1 Answer | Asked in Juvenile Law for Tennessee on
Q: Is it legal for DCS in Tn to force an 18 y.o. to get their G.E.D. before being released?

Backstory:::The FSW told my nephew he had to do at least 3 months because he has an indeterminate sentence of 3-6 months.Now that he has been in the YDC 90 days and has not been in any trouble she is now saying he has to get his GED to get out.Mind you, his counselor is even pushing for his... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Mar 17, 2018

I have never seen an FSW require that a youth get a GED prior to release, but I have seen the court require it. If you are concerned, talk to the FSW's supervisor or better, hire an attorney to ask for your nephew's release.

1 Answer | Asked in Juvenile Law for Tennessee on
Q: Can a seventeen year old two months away from being eighteen move out of a toxic, abusive home legally?

A seventeen year old girl who is an early honors graduate from high school, is currently a full-time employee at her job and is treated very poorly at home. DCS has been involved multiple times but they dismiss the case due to lack of evidence. She has severe clinical depression and is supposed to... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Mar 14, 2018

She would first need to file for emancipation. If she is fully supporting herself and has a place to live, the court might grant emancipation. If not, she is legally required to obey her parents until she is 18.

1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Juvenile Law for Tennessee on
Q: What do you tell the judge if your son pulls a gun on you he is 15

15 year old son pulls a knife first then a gun on dad and tells him he will kill him then the only way to get out the situation is to defend yourself by punching the teen and then he dropped the gun so now your being charged with abuse/neglect

Marjorie A Bristol
Marjorie A Bristol
answered on Mar 14, 2018

You shouldn't tell the judge anything. You should have an attorney do the talking. You need to hire an attorney as soon as possible or ask that one be appointed to represent you.

1 Answer | Asked in Juvenile Law for Tennessee on
Q: In TN if a mom is caught at Juvenile Court falsifying a DCS drug screen can they be subject to TN Title Code 39?
Marjorie A Bristol
Marjorie A Bristol
answered on Mar 12, 2018

It doesn't ever happen. Parents fake drug screens regularly in DCS cases. It will not help their case in juvenile court, but I have never seen them be charged with a crime.

1 Answer | Asked in Juvenile Law for Tennessee on
Q: My 15yr old son has a runaway charge as of 2 days ago. He now lives with his father. What happens in court

We have joint custody.

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 25, 2018

It depends on what history he has, how he is doing in school, does he have mental health issues, etc. If this is a first incident, DCS will probably work with you and his father to see if any services can help.

1 Answer | Asked in Juvenile Law for Tennessee on
Q: If a 14 & 16 year old run aways from a Youth Village home, stays ranaway for several days, breaks into several houses

by taking knives and guns. Hiding from the law. Does the sheriff's office have the right to lock them up & keep them in jail until they can find a placement youth facility that can securely keep them within in the facility or should they be returning to the original youth village until trial?

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 24, 2018

They can hold them in juvenile detention, but not jail. They can hold them until the charges are resolved, but most likely will return them to DCS prior to that happening.

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