§ 3. Jurisdiction.  


Latest version.
  • The court shall have exclusive original jurisdiction in said county of all cases arising in or triable in said county of any person under the age of seventeen (17) years, who may be charged with the violation of any city ordinance, or who may be charged with the commission of an offense against the State except wherein the offense is rape, murder in the first degree or murder in the second degree, or where such person has been found to be incorrigible by the court, but in any such case which may come before the court wherein any person under seventeen years of age is charged with rape, murder in the first degree or murder in the second degree, or where such person has been found to be incorrigible by the court and the Judge of the court shall conclude that there is probable cause to believe that the child has been guilty of the crime of rape, murder in the first degree or murder in the second degree, or has been found to be incorrigible, the court shall at once dismiss said cause and assume no further jurisdiction thereof, and then at once remand said child to the Sheriff of the county to be dealt with for his alleged offense as provided by criminal laws.

    It is the purpose of this Section of this Act to give such Juvenile court all the jurisdiction of a Juvenile Court in Davidson County as contemplated by the laws of Tennessee, and the court shall have all the jurisdiction, powers and authority of a Juvenile court in said county contemplated in the laws of Tennessee as stated in Sections 10269 to and including 10309 of the Code of Tennessee and any other general laws of the State of Tennessee now in force and effect or hereinafter to become of force and effect; and said court shall have exclusive original jurisdiction of all non-support, failure to provide, abandonment or desertion cases wherein any person is charged with the non-support or failure to provide for any child under sixteen (16) years of age, or of his wife, or is charged with the abandonment or desertion of such child or wife as provided by the laws of the State of Tennessee, except where such charge shall be made as an incident to bill filed in a court of competent jurisdiction wherein a prayer is contained for a divorce or a decree awarding separate support and maintenance. The court shall have exclusive original jurisdiction:

    (a)

    Concerning any child within said county, or any case arising or triable in said county concerning any child:

    (1)

    Whose parent or other person legally chargeable with the care, support and maintenance of such child neglects or refuses, according to his means or ability, to provide proper or necessary support, maintenance, education, medical or surgical or other necessary care as contemplated by the general laws of the State, or who is abandoned or deserted by his parent or other person having the legal charge and care of such child;

    (2)

    Whose occupation, behavior, environment or associations injurious to the welfare of the child;

    (3)

    Who deserts his home or is habitually disobedient or beyond control of parent or teacher or other lawful custodian;

    (4)

    Who, being required by law to attend school, wilfully violates the rules of school or absents himself therefrom, or who in any other manner shall be charged with being or designated as a delinquent, as delinquent is defined, contemplated or included in the laws of the State of Tennessee.

    (b)

    To determine the custody or control of the person of any child in said county or in connection with whom any question, case or controversy may arise in said county, or any such questions, case or controversy which by the general law, is triable in said county; except that this Act shall not interfere with the right of a Circuit Judge or a Chancellor to award custody of minor children as a part of a decree of divorce or separate support and maintenance.

    (c)

    That in the event a petition to determine custody or support of any minor child is pending or has been filed, the subsequent filing of a petition for a divorce or for separate support and maintenance in either the Circuit or Chancery Courts of Davidson County, Tennessee, will not effect the jurisdiction of the Juvenile Court of Davidson County, to the extent that such jurisdiction may already have attached. Likewise, the juvenile court shall not entertain any petition filed with respect to support or custody of children where a petition for divorce or for separate support and maintenance between the parents of such child or children is pending.