§ 37-1-122 — Summons - Attachment where summons ineffectual

(a) After the petition has been filed, the clerk shall schedule a time for a hearing and issue summonses to the parties. In case a summons cannot be served or the party served fails to obey the same, and in any case where it is made to appear to the court that such summons will be ineffectual, except as described in subsection (b), an attachment may issue, on the order of the court, against the: (1) Parent or guardian; (2) Person having custody of the child; (3) Person with whom the child may be; or (4) Child. (b) (1) An attachment for a violation of conditions or limitations of probation pursuant to § 37-1-131 or § 37-1-132 , home placement supervision pursuant to § 37-1-137 , or diversion pursuant to § 37-1-129 shall not issue unless: (A) The child poses a significant likelihood of: (i) Significant injury or sexual assault to another person; (ii) Danger to self, such that a delay would endanger the child's safety or health; or (iii) Damage to property; (B) The child cannot be located by the supervising person, persons, or entity after documented efforts to locate the child by the supervising person, persons, or entity; or (C) The child fails to appear for a court proceeding. (2) If the child has an attorney of record, that attorney must be served with any attachment request made to the court. (3) A child may not be detained pursuant to an attachment under this subsection (b), unless the child meets the criteria of § 37-1-114 .

Legislative History

Amended by 2019 Tenn. Acts, ch. 312,Secs.s4, s5, s6 eff. 5/8/2019. Amended by 2018 Tenn. Acts, ch. 1052,s 16, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 717,s 2, eff. 7/1/2016. Acts 1970, ch. 600, § 22; T.C.A., § 37-222.