Can a Tennessee juvenile court issue an order of protection for a child born out of wedlock?

Subject

Opinion No. 13-98, Authority of Juvenile Courts to Issue Orders of Protection, December 6, 2013

Plain-English summary

Rep. Bill Dunn asked whether Tennessee juvenile courts have subject-matter jurisdiction under Tenn. Code Ann. § 37-1-104(f) to enter orders of protection for children born out of wedlock. The AG's answer was a qualified yes.

Two preconditions had to be satisfied:

1. Statutory fit with juvenile court's special, limited jurisdiction. A juvenile court is a creature of statute, and may exercise only the powers granted to it expressly or by necessary implication. In re D.Y.H., 226 S.W.3d 327, 330 (Tenn. 2007); Osborn v. Marr, 127 S.W.3d 737, 739 (Tenn. 2004). Tenn. Code Ann. § 37-1-104(f) gave the juvenile court concurrent jurisdiction with circuit and chancery courts over proceedings to establish paternity and proceedings to determine custody, visitation, support, education, or other care-and-control issues for children born out of wedlock. The protection-order petition must be consistent with one of those types of proceedings.

2. Compliance with the order-of-protection statutes. Tenn. Code Ann. §§ 36-3-601 et seq. set their own rules: a court of record (juvenile court is one, § 37-1-207) with jurisdiction over domestic-relations matters can enter an order of protection against domestic abuse, stalking, or sexual assault (§ 36-3-606(a)). For ex parte relief in domestic abuse cases, the petitioner must have been subjected to, threatened with, or placed in fear of domestic abuse, and must meet the relationship requirements of § 36-3-601(9)(A)-(F). Tenn. Code Ann. § 36-3-602(a) requires the proper petition.

When the petition is consistent with either type of proceeding and meets the order-of-protection criteria, the opinion says the juvenile court has subject-matter jurisdiction to enter the order. It does not decide particular petition scenarios.

Currency note

This opinion was issued in 2013. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Check the current text of Tenn. Code Ann. §§ 36-3-601 et seq. and 37-1-104 before relying on this 2013 jurisdiction analysis.

Background and statutory framework

Subject-matter jurisdiction. "[T]he authority of a particular court to hear and decide a particular type of case." Estate of Brown, 402 S.W.3d 193, 198 (Tenn. 2013). It "relates to the nature of the cause of action and the relief sought." Landers v. Jones, 872 S.W.2d 674, 675 (Tenn. 1994).

Juvenile court is statutorily defined. As a "creature of statute," its jurisdiction is "special and limited" and includes only those powers "expressly granted and those that are necessary by implication from the statute." In re D.Y.H.; State ex rel. Hyatt v. Bomar, 358 S.W.2d 295, 298 (Tenn. 1962); Osborn v. Marr.

Tenn. Code Ann. § 37-1-104(f). "Notwithstanding any provision of law to the contrary, the juvenile court has concurrent jurisdiction with the circuit and chancery court of proceedings to establish the paternity of children born out of lawful wedlock and to determine any custody, visitation, support, education or other issues regarding the care and control of children born out of wedlock."

Order of protection statutes. Tenn. Code Ann. § 36-3-606(a) defines an order of protection as one "to protect the petitioner from domestic abuse, stalking, or sexual assault." Tenn. Code Ann. §§ 36-3-605 and 36-3-601(3) authorize courts of record with jurisdiction over domestic relations matters (and many general sessions courts) to enter such orders. Tenn. Code Ann. § 36-3-602(a) sets the petition process.

Domestic-abuse relationship hooks. Tenn. Code Ann. § 36-3-601(9)(A)-(F) defines the relationship categories that qualify for an order of protection in domestic abuse cases (spouses, former spouses, persons related by blood or adoption, persons currently or formerly living together as if family, dating relationships, and adult or minor children of any of those).

Common questions

What does a "petition consistent with" the juvenile court's jurisdiction look like?

The opinion does not decide whether a separate paternity or custody case must already be pending or whether a standalone petition qualifies. It says jurisdiction exists to the extent the protection-order petition is consistent with a proceeding to establish paternity or determine custody, visitation, support, education, or other care-and-control issues for a child born out of wedlock. The petition must also meet the statutory criteria for an order of protection.

Why is the juvenile court's jurisdiction so narrow?

Because the legislature defined it that way. Unlike circuit and chancery courts, which have broad jurisdiction except where excluded, juvenile court is a specialty court. § 37-1-104(f) is one of several limited grants that bring traditionally "adult" matters within its reach when they implicate a child born out of wedlock.

Can the juvenile court issue an ex parte order of protection?

Yes, if the criteria in Tenn. Code Ann. § 36-3-602(a) and § 36-3-601(9)(A)-(F) are met and the petition fits within § 37-1-104(f)'s grant. The same procedural rules that apply in general sessions or circuit court apply in juvenile court.

What if the parents are married?

The provision analyzed, § 37-1-104(f), concerns children born out of wedlock. The opinion does not decide protection-order jurisdiction involving children born to married parents.

Citations

Tenn. Code Ann. §§ 36-3-601, 36-3-601(3), 36-3-601(9), 36-3-602, 36-3-605, 36-3-606(a), 37-1-104(f), 37-1-207. Cases: Estate of Brown, 402 S.W.3d 193 (Tenn. 2013); Landers v. Jones, 872 S.W.2d 674 (Tenn. 1994); In re D.Y.H., 226 S.W.3d 327 (Tenn. 2007); State ex rel. Hyatt v. Bomar, 358 S.W.2d 295 (Tenn. 1962); Osborn v. Marr, 127 S.W.3d 737 (Tenn. 2004).

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2013/op13-098.pdf

Original opinion text

December 6, 2013

Opinion No. 13-98

Authority of Juvenile Courts to Issue Orders of Protection

QUESTION

Do juvenile courts have subject-matter jurisdiction pursuant to Tenn. Code Ann. § 37-1-104(f) to enter orders of protection pertaining to children born out of wedlock?

OPINION

To the extent that a petition for an order of protection would be consistent with either of the two types of proceedings for which a juvenile court has jurisdiction under Tenn. Code Ann. § 37-1-104(f) and otherwise meets the statutory criteria for the issuance of an order of protection, the juvenile court would have subject-matter jurisdiction to enter such an order.

ANALYSIS

In general, subject-matter jurisdiction concerns the authority of a particular court to hear and decide a particular type of case. Estate of Brown, 402 S.W.3d 193, 198 (Tenn. 2013). A court's subject-matter jurisdiction "relates to the nature of the cause of action and the relief sought." Landers v. Jones, 872 S.W.2d 674, 675 (Tenn. 1994).

This question concerns subject-matter jurisdiction to enter an order of protection. An order of protection is an order "to protect the petitioner from domestic abuse, stalking, or sexual assault." Tenn. Code Ann. § 36-3-606(a). Orders of protection may only be entered by courts of record with jurisdiction over domestic-relations matters. Tenn. Code Ann. §§ 36-3-605 and 36-3-601(3). In cases of domestic abuse, ex parte orders of protection are available to any individual who has been "subjected to, or threatened with or placed in fear of domestic abuse," who meets the relationship requirements of Tenn. Code Ann. § 36-3-601(9)(A)-(F) and who files the necessary petition with the court. Tenn. Code Ann. § 36-3-602(a).

1 In many counties, general sessions courts are also authorized to enter orders of protection. See Tenn. Code Ann. § 36-3-601(3).

Juvenile courts are courts of record, Tenn. Code Ann. § 37-1-207, and may exercise jurisdiction over many domestic-relations matters. As a creature of statute, juvenile court jurisdiction is limited by the statute creating the court. In re D.Y.H., 226 S.W.3d 327, 330 (Tenn. 2007); State ex rel. Hyatt v. Bomar, 358 S.W.2d 295, 298 (Tenn. 1962). Under this special and limited jurisdiction, juvenile courts possess only those powers that are expressly granted and those that are necessary by implication from the statute. Osborn v. Marr, 127 S.W.3d 737, 739 (Tenn. 2004).

The jurisdiction of Tennessee juvenile courts with respect to the question posed is defined by Tenn. Code Ann. § 37-1-104(f), which provides:

Notwithstanding any provision of law to the contrary, the juvenile court has concurrent jurisdiction with the circuit and chancery court of proceedings to establish the paternity of children born out of lawful wedlock and to determine any custody, visitation, support, education or other issues regarding the care and control of children born out of wedlock.

Under this statute, the jurisdiction of the juvenile court is special and limited to: (1) proceedings "to establish the paternity of children born out of lawful wedlock," and (2) proceedings "to determine any custody, visitation, support, education or other issues regarding the care and control of children born out of wedlock." To the extent that a petition for an order of protection would be consistent with either of these two types of proceedings and meets the statutory criteria for the issuance of an order of protection, the juvenile court would have subject-matter jurisdiction to enter such an order.

ROBERT E. COOPER, JR.
Attorney General and Reporter

WILLIAM E. YOUNG
Solicitor General

JORDAN SCOTT
Assistant Attorney General

Requested by:

The Honorable Bill Dunn
State Representative
115 War Memorial Building
Nashville, Tennessee 37243

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In many counties, general sessions courts are also authorized to enter orders of protection. See Tenn. Code Ann. § 36-3-601(3).