HB 797

In a county that has provided an approved detention facility to meet the needs for care of children under the jurisdiction of the juvenile court or detained by order of the juvenile court pending an investigati on or hearing and disposition, this bill requires the juvenile court to use and assume direct supervision, control, and direction of the facility as the primary detention facility for detention of juveniles under the court's jurisdiction or arrange with a licensed institution, agency, or the department of children's services to manage the facility or to receive temporary care and custody of children within the jurisdiction of the court. An "approved detention facility"" means a detention facility used for d etention of juveniles, including a detention home or center for delinquent children that is under the control, direction, or supervision of the court or other public authority or private agency approved by the court. Any such detention center and operato r must be approved, certified, or licensed by the department of children's services, including a youth development center. If a juvenile court conducts a child custody, detention, or adjudicatory proceeding, then this bill requires the court to use for th e proceeding a dedicated courtroom provided by the county that is closest in proximity to the approved detention facility provided by the county, as long as the courtroom substantially complies with the administrative office of the courts' minimum courtro o m security requirements. It is the purpose of this bill to minimize the humiliation of a child in custody or detention from public exposure and the use of restraints that may occur from unnecessary vehicular transportation of the child. However, this bi l l does not replace the provisions in the Tennessee Rules of Juvenile Procedure pertaining to confidentiality of proceedings and the use of contemporaneous audio-visual transmissions. ON MARCH 17, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BI LL 718, AS AMENDED. AMENDMENT #1 makes the following revisions:  Removes a youth development center from the requirement that a detention center and operator must be approved, certified, or licensed by the department of children's services.  Revises the provision providing that, if a juvenile court conducts a child custody, detention, or adjudicatory proceeding, the court must use for the proceeding a dedicated courtroom provided by the county that is closest in proximity to the approved detention facility provided by the county as long as the courtroom substantially complies with the administrative office of the courts' minimum courtroom security requirements to, instead, provide that if a county has provided an approved detention facility and the approved detention facility contains a courtroom, the juvenile court must use the dedicated courtroom for conducting any proceeding in a delinquency matter related to a youth detained at the approved detention facility as long as the courtroom substantially complies with such minimum courtroom security requirements.  Clarifies that the bill applies only to Hamilton, Knox, Davidson, and Shelby counties. ON APRIL 10, 2025, THE HOUSE SUBSTITUTED SENATE BILL 718 FOR HOUSE BILL 797, ADOPTED AMENDMENT #2, AND PASSED S ENATE BILL 718, AS AMENDED. AMENDMENT #2 makes the following revisions:  Revises the exemption provision to, instead, provide that the bill does not apply if a juvenile court has entered into a written agreement with a licensed institution, other public authority or agency, or the department of children's services to manage the approved detention facility or to receive temporary care and custody of children within the jurisdiction of the juvenile court.  Changes the effective date of the bill to October 1, 2025."