case de novo hearing in Tennessee

2025Indeed, “the circuit court in a dependency and neglect proceeding may not rely solely on the record made before the juvenile court, but . . . must try the case de novo by hearing witnesses again and by rendering an independent decision based on the evidence in the circuit court proceeding.” Green, 2009 WL 348289 , at *8 (citing Tenn. Dep’t of Children’s Servs. v. T.M.B.K., 197 S.W.3d 282, 289 (Tenn. Ct. App. 2006); In re M.J.B., 140 S.W.3d 643, 651 (Tenn. Ct. App. 2004); In re M.E., No. M2003-00859-COA-R3-PT, 2004 WL 1838179 , at *5 (Tenn. Ct. App. Aug. 16, 2004)).

2013“On the contrary, the circuit court in a dependency and neglect proceeding may not rely solely on the record made before the juvenile court, but under Tenn. Code Ann. § 37-1-159 (c) must try the case de novo by hearing witnesses again and by rendering an independent decision based on the evidence received in the circuit court proceeding.” Cornelius, 314 S.W.3d at 906 (citing DCS v. T.M.B.K., 197 S.W.3d 282, 289 (Tenn. Ct. App. 2006)).

2025Indeed, “the circuit court in a dependency and neglect proceeding may not rely solely on the record made before the juvenile court, but . . . must try the case de novo by hearing witnesses again and by rendering an independent decision based on the evidence in the circuit court proceeding.” Green, 2009 WL 348289 , at *8 (citing Tenn. Dep’t of Children’s Servs. v. T.M.B.K., 197 S.W.3d 282, 289 (Tenn. Ct. App. 2006); In re M.J.B., 140 S.W.3d 643, 651 (Tenn. Ct. App. 2004); In re M.E., No. M2003-00859-COA-R3-PT, 2004 WL 1838179 , at *5 (Tenn. Ct. App. Aug. 16, 2004)).

2015Dr. Lakin testified that Marcell‟s injuries were consistent with non- accidental trauma, specifically abusive head trauma. 5 The Juvenile Court also upheld the prior ruling that DCS was relieved of making reasonable efforts to reunify Mother with Marcell. 6 We note that when dependency and neglect cases are appealed to Circuit Court, the Circuit Court “must try the case de novo by hearing all the witnesses again and by rendering an independent decision based on the evidence received in the circuit court proceeding.” In re M.J.B., 140 S.W.3d 643, 651 (Tenn. Ct. App. 2004). 7 The petition also s

2018On appeal, the circuit court’s factual findings relying on witness credibility are given great deference; absent clear and convincing evidence to the contrary, such findings “are not to be disturbed.” In re Adoption of A.M.H., 215 S.W.3d 793, 809 (Tenn. 2007). 6 As noted in Cornelius: [T]he circuit court in a dependency and neglect proceeding may not rely solely on the record made before the juvenile court, but under Tenn. Code Ann. § 37–1–159(c) must try the case de novo by hearing witnesses again and by rendering an independent decision based on the evidence received in the circuit court pro

2013“On the contrary, the circuit court in a dependency and neglect proceeding may not rely solely on the record made before the juvenile court, but under Tenn. Code Ann. § 37-1-159 (c) must try the case de novo by hearing witnesses again and by rendering an independent decision based on the evidence received in the circuit court proceeding.” Cornelius, 314 S.W.3d at 906 (citing DCS v. T.M.B.K., 197 S.W.3d 282, 289 (Tenn. Ct. App. 2006)).

2018On appeal, the circuit court’s factual findings relying on witness credibility are given great deference; absent clear and convincing evidence to the contrary, such findings “are not to be disturbed.” In re Adoption of A.M.H., 215 S.W.3d 793, 809 (Tenn. 2007). 6 As noted in Cornelius: [T]he circuit court in a dependency and neglect proceeding may not rely solely on the record made before the juvenile court, but under Tenn. Code Ann. § 37–1–159(c) must try the case de novo by hearing witnesses again and by rendering an independent decision based on the evidence received in the circuit court pro

2014See In re Isaiah L., 340 S.W.3d at 707 .