In Re Henry W. H.

Case Number
W2023-01234-COA-R9-JV

After a hearing by a juvenile magistrate, Mother filed a timely petition for rehearing before the juvenile judge under Tennessee Code Annotated section 37-1-107(d). Over five hundred days later, section 37-1-107(d) was amended to eliminate the de novo hearing procedure and require a party seeking rehearing to file written exceptions to the magistrate’s order. Father filed a motion to dismiss Mother’s request for rehearing based on the amended statute. The juvenile court ruled that the amended statute would apply retroactively to Mother’s request for rehearing but granted her additional time to comply with the amended procedure. In this interlocutory appeal, we reverse the decision of the trial court to apply the amendment to section 37-1-107(d) retroactively to this particular case and remand to the juvenile court for a de novo hearing.

Authoring Judge
Presiding Judge J. Steven Stafford
Originating Judge
Special Judge W. Ray Glasgow
Date Filed
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