(a) Financial obligations shall not be assessed against a child in a delinquent or unruly case, including in any order of disposition under § 37-1-131 or § 37-1-132, though this does not affect the assessment of restitution pursuant to § 37-1-131(b). However, the court may order parents, legal custodians, or guardians to pay financial obligations in accordance with the provisions of this part. Restitution to any victim shall be prioritized over all financial obligations.
criminal case

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Tennessee Code 37-1-163

  • Child: means :
    (A) A person under eighteen (18) years of age. See Tennessee Code 37-1-102
  • Custodian: means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom temporary legal custody of the child has been given by order of a court. See Tennessee Code 37-1-102
  • Custody: means the control of actual physical care of the child and includes the right and responsibility to provide for the physical, mental, moral and emotional well-being of the child. See Tennessee Code 37-1-102
  • Department: means the department of children's services. See Tennessee Code 37-1-102
  • Financial obligations: means fines, fees, costs, surcharges, child support, or other monetary liabilities ordered or assessed by any court or state or county government, but does not include restitution. See Tennessee Code 37-1-102
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Restitution: means compensation that is accomplished through actual monetary payment to the victim of the offense by the child who committed the offense, or symbolically, through unpaid community service work by the child, for property damage or loss incurred as a result of the delinquent offense. See Tennessee Code 37-1-102
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) Failure to pay or timely pay any financial obligations or restitution assessed to the child or the child’s parents, guardian, or legal custodian shall not serve as a sole basis for continued court jurisdiction over or supervision of a child.
(c) Failure to pay or timely pay any financial obligations or restitution assessed to the child, child’s parents, legal custodians, or guardians shall not serve as a basis for placement in the custody of the department or other removal of the child from the child’s home, including the home of a parent, guardian, or legal custodian, for any length of time.
(d) The court shall consider the child’s parents, legal custodians, or guardians’ financial ability to pay in determining the amount of any financial obligations incurred or assessed by the state or county as described in this part. The court may decline to assess financial obligations if the court determines that assessment would pose financial hardship to the parents, legal custodians, or guardians.
(e) Any financial obligations ordered shall not be referred to any collection service as defined by § 62-20-102.
  Previous section
Next section  
 Part 1 Contents