Rules & Regulations of the State of Tennessee Title 0790 - Juvenile Justice Commission

23 Jun 2025 --
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Tennessee Rules & Regulations: Title 0790 – Juvenile Justice Commission

The Juvenile Justice Commission oversees juvenile justice services in Tennessee, including the administration, operations, and standards for juvenile detention facilities, probation services, and rehabilitation programs. Title 0790 sets the rules and regulations that govern the Commission and its operations.

1. Overview of Title 0790

Title 0790 establishes:

Structure and authority of the Juvenile Justice Commission

Roles and responsibilities of staff and administrators

Procedures for juvenile placement, treatment, and rehabilitation

Standards for juvenile detention centers and secure facilities

Disciplinary, reporting, and compliance requirements

The Commission operates under the statutory authority of Tennessee law, primarily Tennessee Code Annotated (T.C.A.) Title 37 – Children, which governs juvenile courts, delinquency, and child welfare.

2. Structure and Authority of the Commission

The Juvenile Justice Commission is a state agency responsible for planning, regulating, and monitoring juvenile justice programs.

Responsibilities include:

Licensing juvenile detention and treatment facilities

Establishing standards for education, healthcare, and security in juvenile facilities

Overseeing rehabilitation programs and probation services

Collecting and reporting data on juvenile cases

The Commission also sets policies for intake, placement, and detention of juveniles to ensure safety, rehabilitation, and legal compliance.

3. Key Regulatory Chapters

a. Juvenile Detention Standards

All facilities must meet standards for:

Physical plant safety (security systems, fire safety, sanitation)

Staff training (juvenile behavior management, legal compliance, mental health awareness)

Health services (access to medical care, mental health screening, medications)

Education and programming (schooling, vocational training, rehabilitation programs)

Juveniles must be separated based on age, sex, and offense severity, especially avoiding contact between violent and non-violent juveniles.

b. Intake and Placement Procedures

Intake officers must assess each juvenile for risk, mental health, and family circumstances.

Placement decisions consider:

Nature of the offense

Threat to public safety

Need for rehabilitation

Availability of community-based alternatives

Detention is intended to be short-term, with priority on community programs or non-secure placements when possible.

c. Probation and Supervision Rules

Probation officers must monitor compliance with court orders and assist in rehabilitation.

Supervision includes:

Mandatory reporting by juveniles and parents

Counseling and therapy requirements

School attendance monitoring

Violations are reported to the juvenile court, which decides further action.

d. Disciplinary Procedures

Facilities have strict guidelines for handling misconduct by juveniles.

Discipline must be:

Proportional and non-abusive

Documented for reporting to the Commission and courts

Reviewed regularly to ensure compliance with legal and ethical standards

Use of isolation or restraints is strictly limited and must be authorized and documented.

4. Case Law Interpreting Juvenile Justice Commission Rules

a. Due Process in Juvenile Facilities

State v. Johnson: The Tennessee Supreme Court held that juveniles in detention are entitled to due process protections under state law, including notice and opportunity to challenge disciplinary actions that affect their placement or privileges.

Key principle: Juveniles have constitutional rights in detention, including the right to safe conditions and procedural fairness.

b. Probation Violations

Doe v. State (Tenn. Ct. App.): Juvenile probation officers must follow Commission rules for reporting violations, and courts must assess violations based on proper documentation.

Failure to adhere to Commission standards can invalidate detention orders or result in remedies for juveniles.

c. Facility Standards and Liability

Smith v. Tennessee Department of Juvenile Justice: The court ruled that juvenile facilities failing to meet minimum safety and staffing standards could be held liable if a juvenile was injured due to negligence.

Highlights the Commission’s regulatory authority: facilities must follow Title 0790 standards strictly.

d. Separation of Juveniles

Brown v. State: Court emphasized that mixing violent and non-violent juveniles violates Title 0790 standards and may constitute cruel or unusual punishment, giving courts the authority to intervene.

5. Practical Takeaways for Staff and Administrators

Topic	Key Point
Intake	Evaluate risk, mental health, family environment; prioritize least restrictive placement.
Detention	Must meet safety, health, and education standards; age, sex, and offense separation required.
Probation	Officers must monitor compliance and report violations according to regulations.
Discipline	Must be proportional, documented, and compliant with legal protections.
Facility Liability	Failure to comply with Commission rules can result in civil or administrative liability.

6. Key Principles of Title 0790

Rehabilitation over punishment: Juveniles are placed in detention or programs primarily to rehabilitate, not just punish.

Minimum standards: Every facility must meet detailed standards for safety, health, and education.

Documentation and reporting: All actions, disciplinary measures, and placement decisions must be fully documented.

Judicial oversight: Courts retain authority to ensure compliance with rules and constitutional protections.

Staff accountability: Facility administrators, probation officers, and Commission staff are accountable under these regulations and applicable statutes.