§ 9-27-307 — Venue

(a) (1) (A) Except as set forth in subdivisions (a)(2)-(4) of this section, a proceeding under this subchapter shall be commenced in the circuit court of the county in which the juvenile resides. (B) (i) No dependency-neglect proceeding shall be dismissed if a proceeding is filed in the incorrect county. (ii) If the proceeding is filed in the incorrect county, then the dependency-neglect proceeding shall be transferred to the proper county upon discovery of the proper county of residence of the juvenile. (2) Proceedings may be commenced in the county where the alleged act or omission occurred in any of the following: (A) Nonsupport after establishment of paternity; (B) Delinquency; or (C) Dependency-neglect. (3) Proceedings under the Uniform Child-Custody Jurisdiction and Enforcement Act, § 9-19-101 et seq., shall be commenced in the court provided by the Uniform Child-Custody Jurisdiction and Enforcement Act, § 9-19-101 et seq. (4) Adoptions and guardianships may be filed in a juvenile court that has previously asserted continuing jurisdiction of the juvenile. (5) Juvenile proceedings shall comply with § 16-13-210 , except detention hearings under § 9-27-326 and probable cause hearings under § 9-27-315 . (b) (1) (A) Following adjudication, the court may on its own motion or on motion of any party transfer the case to the county of the juvenile's residence when the provisions of the Uniform Child-Custody Jurisdiction and Enforcement Act, § 9-19-101 et seq., do not apply. (B) An adult or family member who files a family in need of services petition shall file a motion to transfer if the adult or family member: (i) Receives information indicating that the juvenile involved in the family in need of services case has relocated to a county in another judicial district; and (ii) Knows the address of the juvenile in the county to which the juvenile has relocated. (2) The court shall not transfer any case to another judicial district prior to adjudication, excluding matters filed in the incorrect venue, or any case in which a petition to terminate parental rights has been filed unless the court has taken final action on the petition. (c) (1) Prior to transferring a case to another venue, the court shall contact the judge in the other venue to confirm that the judge in the other venue will accept the transfer. (2) (A) Upon confirmation that the judge will accept the transfer of venue, the transferring judge shall enter the transfer order. The transfer order shall: (i) Indicate that the judge has accepted the transfer; (ii) State the location of the court in the new venue; and (iii) Set the time and date of the next hearing. (B) The transfer order shall be: (i) Provided to all parties and attorneys to the case; and (ii) Transmitted immediately to the judge accepting the transfer. (3) The transferring court shall also ensure that all court records are copied and sent to the judge in the new venue.

Legislative History

Amended by Act 2021, No. 816,§ 3, eff. 7/28/2021. Acts 1989, No. 273, § 6; 1997, No. 1084, § 1; 2001, No. 1503, § 2; 2003, No. 1319, § 10; 2003, No. 1809, § 1; 2005, No. 1990, § 3; 2007, No. 587, § 10; 2009, No. 956, § 7