§ 37-1-173 — Individualized case plans and behavior responses

(a) An individualized case plan shall be developed by the department or supervising authority for every child adjudicated for a delinquent or unruly offense. The case plan shall be updated as appropriate and, in the case of a delinquent offense, shall be informed by the results of a validated risk and needs assessment. (b) (1) For any child ordered to probation supervision pursuant to § 37-1-131 or § 37-1-132 , the supervising authority shall develop and implement an individualized case plan in consultation with the child's parents, guardian, or legal custodian, the child's school, and other appropriate parties, and, for delinquent offenses, such plan shall be based upon the results of a validated risk and needs assessment conducted within seven (7) days of the court's disposition, excluding nonjudicial days. (2) The person or persons supervising probation shall work with the child and the child's parents, guardian, or legal custodian, and other appropriate parties to implement the case plan following disposition. (3) At a minimum, the case plan shall: (A) Identify the actions to be taken by the child and, if appropriate, the child's parents, guardian, or legal custodian, and other appropriate parties to ensure future lawful conduct and compliance with the court's order of disposition; and (B) Identify the services to be offered and provided to the child and, if appropriate, the child's parents, guardian, or legal custodian, and other appropriate parties, including, where appropriate: (i) Mental health and substance abuse services; (ii) Education services; (iii) Individual, group, and family counseling services; (iv) Victim or community restitution; and (v) Services to address other relevant concerns identified by the supervising authority. (c) (1) For any child committed to the department for a delinquent offense, the department shall ensure, in conjunction with any service provider, that it develops and implements an individualized case plan based upon the recommendations of the child, the child's parents, guardian, or custodian, and other appropriate parties and the results of the validated risk and needs assessment. The case plan shall cover the child's period of commitment to the department as well as home placement supervision. (2) The department shall work with the child, the child's parents, guardian, or legal custodian, other appropriate parties, and the child's service provider to implement the case plan. (3) At a minimum, the case plan shall: (A) Specify treatment goals and the actions to be taken by the child in order to demonstrate satisfactory attainment of each goal; (B) Specify the services to be offered and provided by the department and any service provider; and (C) Ensure appropriate reintegration of the child to the child's parents, guardian, or legal custodian, other appropriate parties, the child's school, and the community following the satisfactory completion of the case plan treatment goals, with a protocol and timeline for engaging the child's parents, guardian, or legal custodian prior to the release of the child. (d) The department and each juvenile court providing supervision services shall adopt a behavior response system that incorporates the following principles: (1) Behavior responses to children on all types of supervision should be swift, certain, and proportionate and provide for a continuum of options to address violations of the terms and conditions of supervision as well as incentivize positive behaviors on supervision; and (2) Behavior responses should be targeted to the child's risk and needs and to the severity of the violation of the terms and conditions of supervision. (e) The behavior response system shall be utilized by all supervising authorities involved in the juvenile justice system and in administering behavior responses on probation, home placement supervision, diversion, or any other type of supervision. The supervising authorities shall use the least restrictive behavior responses, and all violations and positive behaviors shall be documented in the child's individual case plan within three (3) days of occurrence, excluding nonjudicial days, including the type of violation or positive behavior, the response, and the results of the response.

Legislative History

Added by 2018 Tenn. Acts, ch. 1052,s 49, eff. 7/1/2019.