In Re Autumn D. Et. Al.

This appeal arises from a common-law writ of certiorari filed in the circuit court; however, the dispositive issue on appeal is whether the juvenile court, which was presiding over a dependency and neglect action, retained jurisdiction to enter a custodial order after a petition to adopt the children at issue had been filed in the chancery court. The adoption petition was filed after a contested evidentiary hearing for the change of custody had concluded but prior to the juvenile court announcing its decision or entering an order. After the adoption petition was filed, the juvenile court entered an order removing the children from their grandmother’s custody and awarding custody to the mother. The grandmother challenged the jurisdiction of the juvenile court to enter the order by filing a petition for a common-law writ of certiorari. The circuit court granted the writ but held “that the Juvenile Court had the authority to enter the [post-petition custodial order] owing to the fact that proof had been heard on [the petition to change custody].” We respectfully disagree. Tennessee Code Annotated § 37-1-103(c) unambiguously states, “when jurisdiction has been acquired [by dependency and neglect proceedings] under this part, such jurisdiction shall continue until . . . a petition for adoption is filed regarding the child in question as set out in § 36-1-116(f).” (emphasis added). Furthermore, Tennessee Code Annotated § 36-1- 116(f)(2) directs that “any proceedings that may be pending seeking the custody . . . of the child . . . who is in the physical custody of the [adoption] petitioners on the date the petition is filed . . . shall be suspended pending the court’s orders in the adoption proceeding, and jurisdiction of all other pending matters concerning the child . . . shall be transferred to and assumed by the adoption court.” Here, the grandmother had legal and physical custody of the children when the adoption petition was filed. Accordingly, the juvenile court’s jurisdiction was automatically transferred to the chancery court upon the filing of the adoption petition. For these reasons, the juvenile court no longer had jurisdiction to enter an order removing custody from the petitioner in the adoption case, the grandmother. Accordingly, the judgment of the circuit court is reversed, and this matter is remanded with instructions for the circuit court to enter judgment holding that the juvenile court’s order changing custody is void for want of jurisdiction.