Tennessee Code Annotated

Title 37: Juveniles

Chapter 1: Juvenile Courts and Proceedings

Part 1: General Provisions

TCA 37-1-121: Summons.

(a) After the petition has been filed, the court shall fix a time for a hearing thereon. The court shall direct the issuance of a summons to the legal parents, guardian or other custodian, a guardian ad litem and any other persons as appear to the court to be proper or necessary parties to the proceeding, requiring them to appear before the court at the time fixed to answer the allegations of the petition. The summons shall also be directed to the child if the child is fourteen (14) years of age or more or is alleged to be a delinquent or unruly child. The summons shall also be directed to any persons, other than the legal father, alleged to be the biological father of the child and whose parental rights have not been terminated, if the child is alleged to be a dependent and neglected or abused child.

(b) A copy of the petition shall accompany the summons, unless the summons is served by publication, in which case the published summons shall indicate the general nature of the allegations and where a copy of the petition can be obtained.

(c) The court may endorse upon the summons an order directing the parents, guardian or other custodian of the child to appear personally at the hearing and directing the person having the physical custody or control of the child to bring the child to the hearing.

(d) If it appears from affidavit filed or from sworn testimony before the court that the conduct, condition or surroundings of the child are endangering the child's health or welfare or those of others, or that the child may abscond or be removed from the jurisdiction of the court or will not be brought before the court notwithstanding the service of the summons, the court may endorse upon the summons an order that a law enforcement officer shall serve the summons and take the child into immediate custody and bring the child forthwith before the court.

(e) The parties, other than the child, may waive service of summons by written stipulation or by voluntary appearance at the hearing.

History: Acts 1970, ch. 600, SC 21; T.C.A., SC 37-221; Acts 2012, ch. 1017, SC 3.