Shelby County Juvenile Court — Private Party Petitions & DCS Cases
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Dependency & Neglect
A dependency and neglect case is one of the most serious legal proceedings a family can face. The outcome determines where a child lives, who raises them, and in the most severe cases, whether a parent's parenting time is suspended entirely. These cases move fast, the stakes are permanent, and what you say in the first hearing can follow you for the entire life of the case.
If something is about to happen to the child and the case will not be heard for weeks, a temporary restraining order can stop that specific act while the petition gets filed.
Attorney William Young handles dependency and neglect cases in Shelby County Juvenile Court for both sides — the party seeking to remove or protect a child, and the parent or guardian defending against removal. He has extensive experience with both DCS-initiated cases and private party petitions, and is one of the few attorneys in Memphis who has successfully challenged juvenile court rulings through the judicial review process.
In the most severe cases, a finding of severe abuse in a dependency and neglect proceeding prohibits the court from returning custody to the perpetrator of the abuse — absent a finding by clear and convincing evidence that the home is safe and free from future harm. These findings follow a family for the life of the case and beyond.
Private Party Petitions
Most people assume dependency and neglect cases are government actions — DCS shows up, removes a child, and the family fights to get the child back. That is one type of case. But in Shelby County, private party D&N petitions are common and are where Attorney William Young's practice is concentrated.
A private party — almost always a family member — can file a dependency and neglect petition in juvenile court. Grandparents, aunts, uncles, adult siblings. Someone who believes a child is not being properly cared for and wants the court to intervene. These cases are often contentious, emotionally charged, and legally complex. The person filing is not the government. They are a family member with their own interests, their own version of events, and sometimes their own agenda.
A petition filed without genuine good faith concern for the best interest of the child can backfire severely. Judicial findings that a filing party was dishonest or acting without justification can result in sanctions, claims for attorney's fees, and written rulings that follow that party in every future court appearance. Pleadings must be accurate, concise, and filed in good faith.
William Young represents both sides of these cases — those filing and those defending. He knows what a legitimate petition looks like and what a bad faith one looks like. That knowledge matters regardless of which side of the case you are on.
A grandparent raising a grandchild is the most common version of this. There is no grandparent custody petition in Tennessee, so the route runs through here. Grandparent custody through dependency and neglect →
DCS Cases
Do not talk to them. Do not sign anything. Call an attorney immediately.
DCS employees are trained to move fast. They have a playbook. They are not there to have a conversation — they are there to gather information and make a decision. What you say at the door, what you sign, even how your home looks, smells, and sounds to DCS employees all matters. How you respond in the first moments of a DCS investigation can directly affect whether your children are removed and whether you can get them back.
DCS can remove a child immediately if they determine the child is in danger. Danger is a term they interpret subjectively. It can be as potentially minor as a cluttered home or a child going to school in dirty clothes, or as serious as allegations of physical or sexual abuse, domestic violence in the child's presence, or drug use. They do not need a court order to remove a child in an emergency. Do not give them a reason to act — call an attorney first.
What to Expect
Dependency and neglect cases follow a sequence of hearings, each with a specific purpose. Understanding what each stage is and what gets decided can mean the difference between a parent who comes in prepared and one who says something on the record that damages their case permanently. Everything in juvenile court is recorded.
The first hearing after a child is removed or a petition is filed. It is a probable cause hearing — the court reviews whether removal was appropriate and whether a Protective Custody Order should stand. This is one of the most critical stages of the entire case. Parents frequently say things on the record at this hearing that harm their chances of reunification. Do not appear at a preliminary hearing without an attorney.
This is a trial proceeding. The court takes proof — testimony, evidence — and makes findings of fact. Adjudication means decision. This hearing determines the legal status of the case and the findings the court will rely on going forward.
The court decides where the child will live. This is where William Young frequently files motions to intervene on behalf of non-parties — grandparents, aunts, uncles, adult siblings, even a Godparent — who want to be considered as placement options for the child. If you are a family member who wants to intervene in a dependency and neglect case, the dispositional hearing is a critical window.
A relatively new procedure that allows a party to challenge prior rulings. The requesting party must provide a detailed case history — ideally with transcripts or audio recordings of prior hearings — and a specific list of findings of fact and conclusions of law being challenged. It is a complicated and intricate process. William Young has successfully used judicial review to get cases redocketed for a new hearing. If you believe a juvenile court ruling was wrong, this is a path worth exploring.
Eighteen months is a reasonable average from filing to final disposition. The process can be long, expensive, and emotionally draining. Call early. The longer you wait, the harder the case becomes.
Not every difficult parent meets this standard, and the difference decides whether there is a case at all. What makes a parent unfit →
If the ruling goes against you, that is not the end of the case. An appeal to circuit court is a brand new trial, and you have ten business days to file it. Appealing a dependency and neglect ruling →
Eli's Law — TCA § 37-1-188
Eli's Law is one of the most consequential and least understood statutes in Tennessee juvenile court. Under TCA § 37-1-188, if a parent has previously had a child removed for dependency and neglect — and that child remains in DCS custody — there is a legal presumption that any subsequent child born to that parent may also be dependent or neglected.
When DCS learns of the birth of a subsequent child, they are required by law to notify the court that adjudicated the first child. The court must then immediately schedule a hearing to address the new child's situation. The parent does not have to do anything wrong with the new child. The prior adjudication creates the presumption automatically.
Tennessee has not created a formal registry for parents with prior D&N adjudications. Eli's Law effectively accomplishes the same thing. A prior finding follows a parent into every subsequent case involving any child they have.
Your Attorney
William Young · Of Counsel · Juvenile Court & DUI
Attorney William Young has over 15 years of experience in Shelby County Juvenile Court. He handles dependency and neglect cases, delinquency matters, and termination of parental rights proceedings. He represents both parties in private party D&N cases and has successfully challenged juvenile court rulings through judicial review — a complicated procedure that few attorneys in Memphis have navigated successfully.
Common Questions
A dependency and neglect case is a legal proceeding in juvenile court that determines whether a child is being properly cared for and whether they should remain in the home. These cases can be initiated by DCS or by a private party — typically a family member such as a grandparent, aunt, uncle, or adult sibling. In Shelby County, private party D&N petitions are common and often involve contested family situations.
Yes. A private party — typically a family member — can file a dependency and neglect petition in juvenile court. Common examples include grandparents, aunts, uncles, or adult siblings who believe a child is not being properly cared for. Attorney William Young represents both parties in these cases — those seeking to remove a child and those defending against removal.
Do not talk to them and do not sign anything. DCS employees are trained to move fast. They have a playbook. Call an attorney and get representation immediately. What you say, what you sign, even how your home looks, smells, and sounds to DCS employees all matters. How you respond in the first moments can directly affect whether your children are removed and whether you can get them back.
Yes. DCS can remove a child immediately if they deem the child to be in danger. Danger is a term they interpret subjectively. It can be as minor as a cluttered home or a child going to school in dirty clothes, or as serious as allegations of abuse, domestic violence, or drug use. Do not hesitate — call an attorney immediately.
The preliminary hearing is scheduled within days of removal. It is a probable cause hearing that reviews whether removal was appropriate and whether a Protective Custody Order should stand. This is a critical stage of the case. Everything is recorded. Parents frequently say things at this hearing that damage their chances of reunification. Do not appear without an attorney.
An adjudicatory hearing is a trial proceeding where the court takes proof — testimony and evidence — and makes findings of fact. Adjudication means decision. This hearing determines the legal status of the case and the findings the court will rely on going forward.
The dispositional hearing is where the court decides where the child will live. Non-parties — grandparents, aunts, uncles, adult siblings, even a Godparent — can file motions to intervene at this stage and be considered as placement options for the child.
Eighteen months is a reasonable average from filing to final disposition in Shelby County. The process can be long and expensive. Call early — the longer you wait, the harder the case becomes.
Yes, and it can backfire severely. A petition filed without genuine good faith concern for the best interest of the child can result in judicial findings that the filing party was dishonest or acting without justification — sanctions, attorney's fees, and written rulings that follow that party in every future court appearance.
Eli's Law, TCA § 37-1-188, creates a legal presumption that any child born to a parent from whose custody a prior child was removed for dependency and neglect may also be dependent or neglected — provided the first child remains in DCS custody. When DCS learns of a subsequent birth, they must notify the court that adjudicated the first child, and the court must immediately schedule a hearing. Tennessee has no formal registry for parents with prior D&N adjudications, but Eli's Law effectively creates that same consequence. If you have a prior D&N adjudication and are expecting or have recently had a child, call an attorney immediately.
Judicial review is a procedure allowing a party to challenge prior rulings. The requesting party must provide a detailed case history and a specific list of findings of fact and conclusions of law being challenged. It is a complicated process that few attorneys have successfully navigated. Attorney William Young has used judicial review to get cases redocketed for a new hearing.
Attorney William Young — Shelby County Juvenile Court. Free consultation.