Tennessee Code Annotated
Tenn. Code Ann. § 37-1-117 (2026)
Investigation and release or detention - Petition - Hearings
✓ current as of May 2026
- (a)
- (1) If a child alleged to have committed a delinquent or unruly act is brought before the court or delivered to a detention facility designated by the court, the intake or other authorized officer of the court shall immediately make an investigation and release the child unless it appears that such child's detention is warranted or required under § 37-1-114.
- (2) If such child is not so released, the court shall issue an order authorizing the detention of the child and a petition under § 37-1-120 shall be promptly filed with the court. The filing of a petition shall not preclude participation in informal adjustment pursuant to § 37-1-110. In the case of a child alleged to be delinquent, a detention hearing shall be held no later than seventy-two (72) hours after the child is placed in detention to determine whether such child's detention is required under § 37-1-114. In computing the time limitation for purposes of such detention hearing, nonjudicial days are excluded, but in no event shall the hearing be held later than eighty-four (84) hours after the child is placed in detention. The court, in its discretion, may release the child on an appearance bond or on the child's own recognizance subject to a written agreement to appear in court.
- (b)
- (1) When the court finds, based upon a sworn petition or sworn testimony containing specific factual allegations, that there is probable cause to believe that the conditions specified in § 37-1-114(a)(2) exist and a child is in need of the immediate protection of the court, the court may order that the child be removed from the custody of the child's parent, guardian, legal custodian, or the person who physically possesses or controls the child and be placed in the custody of a suitable person, persons, or agency, as specified in § 37-1-116(d), pending further investigation and hearing. When a child alleged to be dependent and neglected is removed from the custody of such child's parent, guardian, legal custodian, or the person who physically possesses or controls the child prior to a hearing on a petition, a preliminary hearing shall be held no later than seventy-two (72) hours after the child's removal to determine whether such child's continued removal is required under § 37-1-114. In computing the time limitation for purposes of such preliminary hearing, nonjudicial days are excluded, but in no event shall the hearing be held later than eighty-four (84) hours after the child is removed from the home.
- (2) If a child is removed from the home prior to the filing of a petition, a petition shall be filed within forty-eight (48) hours of the removal, excluding nonjudicial days, unless the child is returned to the home within the forty-eight hour time period. In no event shall a petition be filed later than the preliminary hearing.
- (3) This subsection (b) may be waived by express and knowing waiver, by the parties to an action including the parents, guardian, or legal custodian and the child or guardian ad litem for the child. Any such waiver may be revoked at any time, at which time this section shall apply. The court shall make every effort to advise the parent, guardian, or legal custodian, and the child individually, if fourteen (14) years of age or older, of the time, date, and place of the hearing and the factual circumstances necessitating the removal.
- (c) If the child is not so released, and a parent, guardian, or legal custodian has not been notified of the hearing, did not appear or waived appearance at this hearing, and files an affidavit showing these facts, the court shall rehear the matter without unnecessary delay and order such child's release unless it appears from the hearing that the child's detention or shelter care is required under § 37-1-114.
Amended by 2018 Tenn. Acts, ch. 1052,s 14, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 598,s 2, eff. 7/1/2016.
Acts 1970, ch. 600, § 17; 1973, ch. 269, § 3; 1979, ch. 289, § 4; 1980, ch. 595, § 2; 1981, ch. 247, §§ 5, 6; 1981, ch. 458, § 2; 1982, ch. 882, § 3; 1983, ch. 254, § 3; T.C.A., § 37-217; Acts 2009, ch. 235, § 1.
Notes of Decisions
Cited in 18
cases (6 in the last 5 years), 1994–2026 · leading case: In Re Audrey S., 182 S.W.3d 838 (Tenn. Ct. App. 2005).
In Re Audrey S., 182 S.W.3d 838 (Tenn. Ct. App. 2005). “Tenn.Code Ann. §§ 37-1-117(c) (2001), 37-1-128(f) (2001), 37-1-129(a), (c)-(d) (Supp.”
In Re Bernard T., 319 S.W.3d 586 (Tenn. 2010). “However, when it prepares a permanency plan requiring a putative biological father to establish his parentage, it should be prepared to provide him copies of any evidence it may have in its possession of the sort identified in Tenn.Code Ann. § 37-1-117(c).”
Adoption Place, Inc. v. Doe, 273 S.W.3d 142 (Tenn. Ct. App. 2007). “Tenn.Code Ann. § 37-1-117(m)(2) was amended by 2007 Pub.”
State v. Carroll, 36 S.W.3d 854 (Tenn. Crim. App. 1999). “§ 37-1-117 (1996); Tenn. R. Juv. P. 5, 6, and 7.”
Jordan ex rel. Jordan v. Jackson, 15 F.3d 333 (4th Cir. 1994). “1993) (hearing within 72 hours); Tenn. Code Ann. § 37-1-117 (1992) (hearing within 3 days, excluding Saturdays, Sundays and holidays); Tex.”
In Re Charles A. (Tenn. Ct. App. 2017). “Tenn. Code Ann. § 37-1-117 (c); Tenn. R. Juv.”
In Re Romeo T. (Tenn. Ct. App. 2018). “Tenn. Code Ann. § 37-1-113 (a) (2001); Tenn.”
In Re Audrey S. & Victoria L. (Tenn. Ct. App. 2005). “Tenn. Code Ann. §§ 37-1-117 (c) (2001), 37-1-128(f) (2001), 37-1-129(a), (c)-(d) (Supp.”
In Re Jaden H. (Tenn. Ct. App. 2026). “” Father acknowledged that he had initially waived his right to a preliminary hearing following entry of the ex parte order in accordance with Tennessee Code Annotated § 37-1-117(b)2 and that the juvenile court had granted him weekly supervised visits with the Child that were to…”
In Re Khalil J. (Tenn. Ct. App. 2022). “The juvenile court directed DCS to file a “Petition to Adjudicate Dependency and Neglect and for Temporary Legal Custody” and submit a “Protective Custody Order” within two judicial days pursuant to Tennessee Code Annotated Section 37-1-117(b)(2). DCS complied and filed a…”
In Re Leilani G. (Tenn. Ct. App. 2024). “See Tenn. Code Ann. § 37-1-117 (b)(1) (Supp. 2023).”
Carter v. Tennessee Dep't of Child.'s Servs. (M.D. Tenn. 2025). “Plaintiff alleges that the preliminary hearing required by Tenn. Code Ann. § 37-1-117 (c), addressing whether probable caused existed as to the necessity of the removal of his children, was not held but instead waived by his court-appointed attorney, Defendant Tammy Womack.”
— Tenn. Code Ann. § 37-1-117(b) — 1 case
In Re Jaden H. (Tenn. Ct. App. 2026). “” Father acknowledged that he had initially waived his right to a preliminary hearing following entry of the ex parte order in accordance with Tennessee Code Annotated § 37-1-117(b)2 and that the juvenile court had granted him weekly supervised visits with the Child that were to…”
— Tenn. Code Ann. § 37-1-117(b)(2) — 1 case
In Re Khalil J. (Tenn. Ct. App. 2022). “The juvenile court directed DCS to file a “Petition to Adjudicate Dependency and Neglect and for Temporary Legal Custody” and submit a “Protective Custody Order” within two judicial days pursuant to Tennessee Code Annotated Section 37-1-117(b)(2). DCS complied and filed a…”
— Tenn. Code Ann. § 37-1-117(c) — 2 cases
In Re Audrey S., 182 S.W.3d 838 (Tenn. Ct. App. 2005). “Tenn.Code Ann. §§ 37-1-117(c) (2001), 37-1-128(f) (2001), 37-1-129(a), (c)-(d) (Supp.”
In Re Bernard T., 319 S.W.3d 586 (Tenn. 2010). “However, when it prepares a permanency plan requiring a putative biological father to establish his parentage, it should be prepared to provide him copies of any evidence it may have in its possession of the sort identified in Tenn.Code Ann. § 37-1-117(c).”
— Tenn. Code Ann. § 37-1-117(m)(2) — 1 case
Adoption Place, Inc. v. Doe, 273 S.W.3d 142 (Tenn. Ct. App. 2007). “Tenn.Code Ann. § 37-1-117(m)(2) was amended by 2007 Pub.”
— Tenn. Code Ann. § 37-1-117(m)(3) — 1 case
In Re A.W. (Tenn. Ct. App. 2021).
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