Tenn. Code Ann. § 37-1-126 — TN Code / Title 37 / Chapter 1 / Section 37-1-126
Right to counsel or guardian ad litem - Administrative fee
Status: in_force

(a) (1) A child is entitled to representation by legal counsel at all stages of any delinquency proceedings or proceedings alleging unruly conduct that place the child in jeopardy of being removed from the home pursuant to § 37-1-132(b) and is entitled to a guardian ad litem for proceedings alleging a child to be dependent and neglected or abused. (2) (A) An adult is entitled to representation by legal counsel at all stages of any proceeding under this part in proceedings involving: (i) Child abuse prosecutions pursuant to §§ 37-1-412 and 39-15-401 ; (ii) Contributing to the delinquency or unruly behavior of a child pursuant to § 37-1-156 or contributing to the dependency and neglect of a child pursuant to § 37-1-157 ; (iii) Violation of compulsory school attendance pursuant to §§ 49-6-3007 and 49-6-3009 ; or (iv) Criminal contempt. (B) A parent is entitled to representation by legal counsel at all stages of any proceeding under this part in proceedings involving: (i) Abuse, dependency or neglect pursuant to § 37-1-102 ; or (ii) Termination of parental rights pursuant to § 36-1-113 . (3) If the person is indigent, the court shall provide counsel for the indigent person. If a person appears without counsel, the court shall ascertain whether the person knows of the right to counsel and of the right to be provided with counsel by the court if the person is indigent. The court may continue the proceeding to enable a person to obtain counsel and shall provide counsel for an unrepresented indigent person upon request. (4) In all delinquency hearings or in unruly hearings in which the child may be in jeopardy of being removed from the home as specified in § 37-1-132(b) , counsel must be provided for a child not represented by the child's parent, guardian, guardian ad litem or custodian or where the child's interests conflict with the parent, guardian, custodian or guardian ad litem. If the interest of two (2) or more persons conflict, separate counsel may be provided for each of them. (b) A person is indigent if: (1) That person does not possess sufficient means to pay reasonable compensation for the services of a competent attorney or guardian ad litem. In determining indigency, the court shall consider the financial resources of the child and the child's parents, legal custodians or guardians; or (2) In the case of a child, if the child, the child's parents, legal custodians or guardians are financially able to defray a portion or all of the cost of the child's representation but refuse to do so timely, the court may make written findings determining this as indigency; provided, the court shall assess the administrative fee and costs pursuant to § 37-1-150(g) . (c) (1) Parents, legal custodians, or guardians, or any adult defendants or respondents whose child is provided with court-appointed counsel pursuant to this section, or who themselves are provided with court-appointed counsel pursuant to this section, may be assessed by the court at the time of appointment a nonrefundable administrative fee in the amount of fifty dollars ($50.00). The parents, legal custodians, or guardians of a child who is appointed a guardian ad litem may be assessed by the court an administrative fee as provided in this subdivision (c)(1). (2) The administrative fee shall be assessed only one (1) time per case and shall be waived or reduced by the court upon a finding that the child and the child's parents, legal custodians, or guardians lack financial resources sufficient to pay the fee in such amount. In cases where a guardian ad litem is appointed, the financial resources of the child shall not be considered. The fee may be increased by the court to an amount not in excess of two hundred dollars ($200) upon a finding that the child's parents, legal custodians or guardians, or an adult defendant or respondent possesses sufficient financial resources to pay the fee in such increased amount. The administrative fee shall be payable, at the court's discretion, in a lump sum or in installments; provided, that the fee shall be paid prior to disposition of the case or within two (2) weeks of appointment of counsel, whichever first occurs. Prior to disposition of the case, the clerk of the court shall inform the judge whether the administrative fee has been collected. Failure to pay the administrative fee assessed by the court shall not reduce or in any way affect the rendering of services by court-appointed counsel. The administrative fee shall not be assessed against the child. (3) The administrative fee shall be separate from, and in addition to, any other contribution or recoupment assessed pursuant to law for defrayal of costs associated with the provision of court-appointed counsel. The clerk of the court shall retain a commission of five percent (5%) of each dollar of administrative fees collected and shall transmit the remaining ninety-five percent (95%) of each such dollar to the state treasurer for deposit in the state's general fund. (4) If the administrative fee is not paid prior to disposition of the case, then the fee shall be collected in the same manner as costs are collected; provided, that upon disposition of the case, moneys paid to the clerk, including any cash bond posted by or on behalf of a child who has been transferred or is awaiting a transfer hearing pursuant to § 37-1-134 or an adult, shall be allocated to taxes, costs, and fines and then to the administrative fee and any recoupment ordered. The administrative fee and any recoupment or contribution ordered for the services of court-appointed counsel may apply and may be collected even if the charges against the party are dismissed. The court shall have discretion to waive the administrative fee if the case is dismissed. (5) As part of the clerk's regular monthly report, each clerk of court, who is responsible for collecting administrative fees pursuant to this section, shall file a report with the court, the administrative director of the courts, and the comptroller of the treasury. The report shall indicate the following: (A) Number of children and adults for whom the court appointed counsel pursuant to this section; (B) Number of children for whom the court appointed a guardian ad litem pursuant to § 37-1-149 ; (C) Number of children and adults for whom the court appointed counsel and waived the administrative fee; (D) Number of children for whom the court appointed a guardian ad litem and waived the administrative fee; (E) Number of children and adults from, or on behalf of, whom the clerk collected administrative fees; (F) Total amount of commissions retained by the clerk from such administrative fees; and (G) Total amount of administrative fees forwarded by the clerk to the state treasurer. (d) (1) When a child has been taken into custody due to suspicion that the child committed a delinquent act or unruly conduct, a law enforcement officer conducting a formal interview or interrogation of the child at a law enforcement facility concerning any violation of state or federal law by the child shall make a video or audio recording of the interview or interrogation. (2) It is an exception to the requirement in subdivision (d)(1) if: (A) The law enforcement officer in good faith believed the interview or interrogation was being recorded, and a technical issue with the equipment prevented the recording; or (B) Exigent circumstances existed at the time of the interview or interrogation that prevented visual or audio recording. Amended by 2024 Tenn. Acts, ch. 565,s 1, eff. 7/1/2024. Amended by 2018 Tenn. Acts, ch. 1052, s 17, eff. 7/1/2018. Acts 1970, ch. 600, § 26; 1980, ch. 796, § 2; T.C.A., § 37-226; Acts 1997 , ch. 547, § 2; 2008 , ch. 1084, §§ 1-4; 2009 , ch. 417, § 1; 2012 , ch. 857, §§ 1-5.
(a) (1) A child is entitled to representation by legal counsel at all stages of any delinquency proceedings or proceedings alleging unruly conduct that place the child in jeopardy of being removed from the home pursuant to § 37-1-132(b) and is entitled to a guardian ad litem for proceedings alleging a child to be dependent and neglected or abused. (2) (A) An adult is entitled to representation by legal counsel at all stages of any proceeding under this part in proceedings involving: (i) Child abuse prosecutions pursuant to §§ 37-1-412 and 39-15-401 ; (ii) Contributing to the delinquency or unruly behavior of a child pursuant to § 37-1-156 or contributing to the dependency and neglect of a child pursuant to § 37-1-157 ; (iii) Violation of compulsory school attendance pursuant to §§ 49-6-3007 and 49-6-3009 ; or (iv) Criminal contempt. (B) A parent is entitled to representation by legal counsel at all stages of any proceeding under this part in proceedings involving: (i) Abuse, dependency or neglect pursuant to § 37-1-102 ; or (ii) Termination of parental rights pursuant to § 36-1-113 . (3) If the person is indigent, the court shall provide counsel for the indigent person. If a person appears without counsel, the court shall ascertain whether the person knows of the right to counsel and of the right to be provided with counsel by the court if the person is indigent. The court may continue the proceeding to enable a person to obtain counsel and shall provide counsel for an unrepresented indigent person upon request. (4) In all delinquency hearings or in unruly hearings in which the child may be in jeopardy of being removed from the home as specified in § 37-1-132(b) , counsel must be provided for a child not represented by the child's parent, guardian, guardian ad litem or custodian or where the child's interests conflict with the parent, guardian, custodian or guardian ad litem. If the interest of two (2) or more persons conflict, separate counsel may be provided for each of them.
(1) A child is entitled to representation by legal counsel at all stages of any delinquency proceedings or proceedings alleging unruly conduct that place the child in jeopardy of being removed from the home pursuant to § 37-1-132(b) and is entitled to a guardian ad litem for proceedings alleging a child to be dependent and neglected or abused.
(2) (A) An adult is entitled to representation by legal counsel at all stages of any proceeding under this part in proceedings involving: (i) Child abuse prosecutions pursuant to §§ 37-1-412 and 39-15-401 ; (ii) Contributing to the delinquency or unruly behavior of a child pursuant to § 37-1-156 or contributing to the dependency and neglect of a child pursuant to § 37-1-157 ; (iii) Violation of compulsory school attendance pursuant to §§ 49-6-3007 and 49-6-3009 ; or (iv) Criminal contempt. (B) A parent is entitled to representation by legal counsel at all stages of any proceeding under this part in proceedings involving: (i) Abuse, dependency or neglect pursuant to § 37-1-102 ; or (ii) Termination of parental rights pursuant to § 36-1-113 .
(A) An adult is entitled to representation by legal counsel at all stages of any proceeding under this part in proceedings involving: (i) Child abuse prosecutions pursuant to §§ 37-1-412 and 39-15-401 ; (ii) Contributing to the delinquency or unruly behavior of a child pursuant to § 37-1-156 or contributing to the dependency and neglect of a child pursuant to § 37-1-157 ; (iii) Violation of compulsory school attendance pursuant to §§ 49-6-3007 and 49-6-3009 ; or (iv) Criminal contempt.
(i) Child abuse prosecutions pursuant to §§ 37-1-412 and 39-15-401 ;
(ii) Contributing to the delinquency or unruly behavior of a child pursuant to § 37-1-156 or contributing to the dependency and neglect of a child pursuant to § 37-1-157 ;
(iii) Violation of compulsory school attendance pursuant to §§ 49-6-3007 and 49-6-3009 ; or
(iv) Criminal contempt.
(B) A parent is entitled to representation by legal counsel at all stages of any proceeding under this part in proceedings involving: (i) Abuse, dependency or neglect pursuant to § 37-1-102 ; or (ii) Termination of parental rights pursuant to § 36-1-113 .
(i) Abuse, dependency or neglect pursuant to § 37-1-102 ; or
(ii) Termination of parental rights pursuant to § 36-1-113 .
(3) If the person is indigent, the court shall provide counsel for the indigent person. If a person appears without counsel, the court shall ascertain whether the person knows of the right to counsel and of the right to be provided with counsel by the court if the person is indigent. The court may continue the proceeding to enable a person to obtain counsel and shall provide counsel for an unrepresented indigent person upon request.
(4) In all delinquency hearings or in unruly hearings in which the child may be in jeopardy of being removed from the home as specified in § 37-1-132(b) , counsel must be provided for a child not represented by the child's parent, guardian, guardian ad litem or custodian or where the child's interests conflict with the parent, guardian, custodian or guardian ad litem. If the interest of two (2) or more persons conflict, separate counsel may be provided for each of them.
(b) A person is indigent if: (1) That person does not possess sufficient means to pay reasonable compensation for the services of a competent attorney or guardian ad litem. In determining indigency, the court shall consider the financial resources of the child and the child's parents, legal custodians or guardians; or (2) In the case of a child, if the child, the child's parents, legal custodians or guardians are financially able to defray a portion or all of the cost of the child's representation but refuse to do so timely, the court may make written findings determining this as indigency; provided, the court shall assess the administrative fee and costs pursuant to § 37-1-150(g) .
(1) That person does not possess sufficient means to pay reasonable compensation for the services of a competent attorney or guardian ad litem. In determining indigency, the court shall consider the financial resources of the child and the child's parents, legal custodians or guardians; or
(2) In the case of a child, if the child, the child's parents, legal custodians or guardians are financially able to defray a portion or all of the cost of the child's representation but refuse to do so timely, the court may make written findings determining this as indigency; provided, the court shall assess the administrative fee and costs pursuant to § 37-1-150(g) .
(c) (1) Parents, legal custodians, or guardians, or any adult defendants or respondents whose child is provided with court-appointed counsel pursuant to this section, or who themselves are provided with court-appointed counsel pursuant to this section, may be assessed by the court at the time of appointment a nonrefundable administrative fee in the amount of fifty dollars ($50.00). The parents, legal custodians, or guardians of a child who is appointed a guardian ad litem may be assessed by the court an administrative fee as provided in this subdivision (c)(1). (2) The administrative fee shall be assessed only one (1) time per case and shall be waived or reduced by the court upon a finding that the child and the child's parents, legal custodians, or guardians lack financial resources sufficient to pay the fee in such amount. In cases where a guardian ad litem is appointed, the financial resources of the child shall not be considered. The fee may be increased by the court to an amount not in excess of two hundred dollars ($200) upon a finding that the child's parents, legal custodians or guardians, or an adult defendant or respondent possesses sufficient financial resources to pay the fee in such increased amount. The administrative fee shall be payable, at the court's discretion, in a lump sum or in installments; provided, that the fee shall be paid prior to disposition of the case or within two (2) weeks of appointment of counsel, whichever first occurs. Prior to disposition of the case, the clerk of the court shall inform the judge whether the administrative fee has been collected. Failure to pay the administrative fee assessed by the court shall not reduce or in any way affect the rendering of services by court-appointed counsel. The administrative fee shall not be assessed against the child. (3) The administrative fee shall be separate from, and in addition to, any other contribution or recoupment assessed pursuant to law for defrayal of costs associated with the provision of court-appointed counsel. The clerk of the court shall retain a commission of five percent (5%) of each dollar of administrative fees collected and shall transmit the remaining ninety-five percent (95%) of each such dollar to the state treasurer for deposit in the state's general fund. (4) If the administrative fee is not paid prior to disposition of the case, then the fee shall be collected in the same manner as costs are collected; provided, that upon disposition of the case, moneys paid to the clerk, including any cash bond posted by or on behalf of a child who has been transferred or is awaiting a transfer hearing pursuant to § 37-1-134 or an adult, shall be allocated to taxes, costs, and fines and then to the administrative fee and any recoupment ordered. The administrative fee and any recoupment or contribution ordered for the services of court-appointed counsel may apply and may be collected even if the charges against the party are dismissed. The court shall have discretion to waive the administrative fee if the case is dismissed. (5) As part of the clerk's regular monthly report, each clerk of court, who is responsible for collecting administrative fees pursuant to this section, shall file a report with the court, the administrative director of the courts, and the comptroller of the treasury. The report shall indicate the following: (A) Number of children and adults for whom the court appointed counsel pursuant to this section; (B) Number of children for whom the court appointed a guardian ad litem pursuant to § 37-1-149 ; (C) Number of children and adults for whom the court appointed counsel and waived the administrative fee; (D) Number of children for whom the court appointed a guardian ad litem and waived the administrative fee; (E) Number of children and adults from, or on behalf of, whom the clerk collected administrative fees; (F) Total amount of commissions retained by the clerk from such administrative fees; and (G) Total amount of administrative fees forwarded by the clerk to the state treasurer.
(1) Parents, legal custodians, or guardians, or any adult defendants or respondents whose child is provided with court-appointed counsel pursuant to this section, or who themselves are provided with court-appointed counsel pursuant to this section, may be assessed by the court at the time of appointment a nonrefundable administrative fee in the amount of fifty dollars ($50.00). The parents, legal custodians, or guardians of a child who is appointed a guardian ad litem may be assessed by the court an administrative fee as provided in this subdivision (c)(1).
(2) The administrative fee shall be assessed only one (1) time per case and shall be waived or reduced by the court upon a finding that the child and the child's parents, legal custodians, or guardians lack financial resources sufficient to pay the fee in such amount. In cases where a guardian ad litem is appointed, the financial resources of the child shall not be considered. The fee may be increased by the court to an amount not in excess of two hundred dollars ($200) upon a finding that the child's parents, legal custodians or guardians, or an adult defendant or respondent possesses sufficient financial resources to pay the fee in such increased amount. The administrative fee shall be payable, at the court's discretion, in a lump sum or in installments; provided, that the fee shall be paid prior to disposition of the case or within two (2) weeks of appointment of counsel, whichever first occurs. Prior to disposition of the case, the clerk of the court shall inform the judge whether the administrative fee has been collected. Failure to pay the administrative fee assessed by the court shall not reduce or in any way affect the rendering of services by court-appointed counsel. The administrative fee shall not be assessed against the child.
(3) The administrative fee shall be separate from, and in addition to, any other contribution or recoupment assessed pursuant to law for defrayal of costs associated with the provision of court-appointed counsel. The clerk of the court shall retain a commission of five percent (5%) of each dollar of administrative fees collected and shall transmit the remaining ninety-five percent (95%) of each such dollar to the state treasurer for deposit in the state's general fund.
(4) If the administrative fee is not paid prior to disposition of the case, then the fee shall be collected in the same manner as costs are collected; provided, that upon disposition of the case, moneys paid to the clerk, including any cash bond posted by or on behalf of a child who has been transferred or is awaiting a transfer hearing pursuant to § 37-1-134 or an adult, shall be allocated to taxes, costs, and fines and then to the administrative fee and any recoupment ordered. The administrative fee and any recoupment or contribution ordered for the services of court-appointed counsel may apply and may be collected even if the charges against the party are dismissed. The court shall have discretion to waive the administrative fee if the case is dismissed.
(5) As part of the clerk's regular monthly report, each clerk of court, who is responsible for collecting administrative fees pursuant to this section, shall file a report with the court, the administrative director of the courts, and the comptroller of the treasury. The report shall indicate the following: (A) Number of children and adults for whom the court appointed counsel pursuant to this section; (B) Number of children for whom the court appointed a guardian ad litem pursuant to § 37-1-149 ; (C) Number of children and adults for whom the court appointed counsel and waived the administrative fee; (D) Number of children for whom the court appointed a guardian ad litem and waived the administrative fee; (E) Number of children and adults from, or on behalf of, whom the clerk collected administrative fees; (F) Total amount of commissions retained by the clerk from such administrative fees; and (G) Total amount of administrative fees forwarded by the clerk to the state treasurer.
(A) Number of children and adults for whom the court appointed counsel pursuant to this section;
(B) Number of children for whom the court appointed a guardian ad litem pursuant to § 37-1-149 ;
(C) Number of children and adults for whom the court appointed counsel and waived the administrative fee;
(D) Number of children for whom the court appointed a guardian ad litem and waived the administrative fee;
(E) Number of children and adults from, or on behalf of, whom the clerk collected administrative fees;
(F) Total amount of commissions retained by the clerk from such administrative fees; and
(G) Total amount of administrative fees forwarded by the clerk to the state treasurer.
(d) (1) When a child has been taken into custody due to suspicion that the child committed a delinquent act or unruly conduct, a law enforcement officer conducting a formal interview or interrogation of the child at a law enforcement facility concerning any violation of state or federal law by the child shall make a video or audio recording of the interview or interrogation. (2) It is an exception to the requirement in subdivision (d)(1) if: (A) The law enforcement officer in good faith believed the interview or interrogation was being recorded, and a technical issue with the equipment prevented the recording; or (B) Exigent circumstances existed at the time of the interview or interrogation that prevented visual or audio recording.
(1) When a child has been taken into custody due to suspicion that the child committed a delinquent act or unruly conduct, a law enforcement officer conducting a formal interview or interrogation of the child at a law enforcement facility concerning any violation of state or federal law by the child shall make a video or audio recording of the interview or interrogation.
(2) It is an exception to the requirement in subdivision (d)(1) if: (A) The law enforcement officer in good faith believed the interview or interrogation was being recorded, and a technical issue with the equipment prevented the recording; or (B) Exigent circumstances existed at the time of the interview or interrogation that prevented visual or audio recording.
(A) The law enforcement officer in good faith believed the interview or interrogation was being recorded, and a technical issue with the equipment prevented the recording; or
(B) Exigent circumstances existed at the time of the interview or interrogation that prevented visual or audio recording.
Amended by 2024 Tenn. Acts, ch. 565,s 1, eff. 7/1/2024.
Amended by 2018 Tenn. Acts, ch. 1052, s 17, eff. 7/1/2018.
Acts 1970, ch. 600, § 26; 1980, ch. 796, § 2; T.C.A., § 37-226; Acts 1997 , ch. 547, § 2; 2008 , ch. 1084, §§ 1-4; 2009 , ch. 417, § 1; 2012 , ch. 857, §§ 1-5.
Tenn. Code Ann. § 37-10-204 — TN Code / Title 37 / Chapter 10 / Section 37-10-204
Reports to juvenile court judge - Missing child order
Status: in_force

(a) The law enforcement agency taking or making a report of a missing child shall submit its report, together with any additional data reduced to writing in the form of statements or notes, to a judge of the juvenile court within a reasonable time. (b) The judge shall review the report and information and determine whether or not there is probable cause to believe the child is a missing child. (c) (1) If a decision of "missing child" is made, a "missing child" order shall be issued and delivered to any lawful officer or the Tennessee bureau of investigation authorizing the bureau or any officer holding the order, a true copy thereof or possessing knowledge of the existence thereof, to investigate the circumstances relating to the missing child in compliance with existing constitutional, statutory and case law and upon identification or location of the missing child to take custody of the child, using legal process when necessary, for immediate delivery to a judge of any juvenile or other court of record for appropriate orders and disposition pursuant to law. (2) If probable cause for issuance of a "missing child" order is not found, the judge shall so order and the missing child report should be cancelled by the bureau, which shall give notice of the cancellation to all appropriate law enforcement agencies. (d) (1) If the court issues a "missing child" order pursuant to this section and believes that certain telephone records are necessary to or would be of assistance in locating such child, the court may send a copy of the "missing child" order and a written request for any telephone records the court believes to be pertinent to the missing child who is the subject of the order to any telecommunications service provider as defined in § 65-4-101 . The request shall state with all reasonable specificity the precise telephone records requested and the reason such records are pertinent to locating the missing child. (2) Upon receiving such a request, the telecommunications service provider shall, without delay and at no charge, supply the requested telephone records to the juvenile court judge issuing the request. Acts 1985, ch. 158, § 4; 2004, ch. 627, § 1.
(a) The law enforcement agency taking or making a report of a missing child shall submit its report, together with any additional data reduced to writing in the form of statements or notes, to a judge of the juvenile court within a reasonable time.
(b) The judge shall review the report and information and determine whether or not there is probable cause to believe the child is a missing child.
(c) (1) If a decision of "missing child" is made, a "missing child" order shall be issued and delivered to any lawful officer or the Tennessee bureau of investigation authorizing the bureau or any officer holding the order, a true copy thereof or possessing knowledge of the existence thereof, to investigate the circumstances relating to the missing child in compliance with existing constitutional, statutory and case law and upon identification or location of the missing child to take custody of the child, using legal process when necessary, for immediate delivery to a judge of any juvenile or other court of record for appropriate orders and disposition pursuant to law. (2) If probable cause for issuance of a "missing child" order is not found, the judge shall so order and the missing child report should be cancelled by the bureau, which shall give notice of the cancellation to all appropriate law enforcement agencies.
(1) If a decision of "missing child" is made, a "missing child" order shall be issued and delivered to any lawful officer or the Tennessee bureau of investigation authorizing the bureau or any officer holding the order, a true copy thereof or possessing knowledge of the existence thereof, to investigate the circumstances relating to the missing child in compliance with existing constitutional, statutory and case law and upon identification or location of the missing child to take custody of the child, using legal process when necessary, for immediate delivery to a judge of any juvenile or other court of record for appropriate orders and disposition pursuant to law.
(2) If probable cause for issuance of a "missing child" order is not found, the judge shall so order and the missing child report should be cancelled by the bureau, which shall give notice of the cancellation to all appropriate law enforcement agencies.
(d) (1) If the court issues a "missing child" order pursuant to this section and believes that certain telephone records are necessary to or would be of assistance in locating such child, the court may send a copy of the "missing child" order and a written request for any telephone records the court believes to be pertinent to the missing child who is the subject of the order to any telecommunications service provider as defined in § 65-4-101 . The request shall state with all reasonable specificity the precise telephone records requested and the reason such records are pertinent to locating the missing child. (2) Upon receiving such a request, the telecommunications service provider shall, without delay and at no charge, supply the requested telephone records to the juvenile court judge issuing the request.
(1) If the court issues a "missing child" order pursuant to this section and believes that certain telephone records are necessary to or would be of assistance in locating such child, the court may send a copy of the "missing child" order and a written request for any telephone records the court believes to be pertinent to the missing child who is the subject of the order to any telecommunications service provider as defined in § 65-4-101 . The request shall state with all reasonable specificity the precise telephone records requested and the reason such records are pertinent to locating the missing child.
(2) Upon receiving such a request, the telecommunications service provider shall, without delay and at no charge, supply the requested telephone records to the juvenile court judge issuing the request.
Acts 1985, ch. 158, § 4; 2004, ch. 627, § 1.
Tenn. Code Ann. § 37-1-409 — TN Code / Title 37 / Chapter 1 / Section 37-1-409
Reports confidential - Authorized access to information - Penalty for violation
Status: in_force

(a) (1) Except as otherwise provided by this section and §§ 37-1-612 and 37-5-107 , reports of harm made under this part and the identity of the reporter are confidential, except when the juvenile court in which the investigation report is filed, in its discretion, determines the testimony of the person reporting to be material to an indictment or conviction. (2) Except as may be ordered by the juvenile court as herein provided, the name of any person reporting child abuse shall not be released to any person, other than employees of the department or other child protection team members responsible for child protective services, the abuse registry, or the appropriate district attorney general upon subpoena of the Tennessee bureau of investigation, without the written consent of the person reporting. Such person's identity shall be irrelevant to any civil proceeding and shall, therefore, not be subject to disclosure by order of any court. This shall not prohibit the subpoenaing of a person reporting child abuse when deemed necessary by the district attorney general or the department to protect a child who is the subject of a report; provided, that the fact that such person made the report is not disclosed. (b) Except as otherwise provided in this part, it is unlawful for any person, except for purposes directly connected with the administration of this part, to disclose, receive, make use of, authorize or knowingly permit, participate in, or acquiesce in the use of any list or the name of, or any information concerning, persons receiving services pursuant to this part, or any information concerning a report or investigation of a report of harm under this part, directly or indirectly derived from the records, papers, files or communications of the department or divisions thereof acquired in the course of the performance of official duties. (c) In addition to such other purposes as may be directly connected with the administration of this part, the department shall also grant access to information to those persons specified in § 37-1-612 . (d) The department may confirm whether a child abuse or neglect investigation has been commenced, but may not divulge, except as permitted under this part, any details about the case, including, but not limited to, the name of the reporter, the alleged victim, or the alleged perpetrator. (e) The department shall adopt such rules as may be necessary to carry out the following purposes: (1) The establishment of administrative and due process procedures for the disclosure of the contents of its files and the results of its investigations for the purpose of protecting children from child sexual abuse, physical abuse, emotional abuse, or neglect; and (2) For other purposes directly connected with the administration of this chapter, including, but not limited to, cooperation with schools, child care agencies, residential and institutional child care providers, child protection agencies, individuals providing care or protection for the child, medical and mental health personnel providing care for the child and the child's family and the perpetrator of any form of child abuse or neglect, law enforcement agencies, the judicial and correctional systems, and for cooperation with scientific and governmental research on child abuse and neglect. (f) Except as specifically provided in this chapter, nothing in this chapter shall prevent the department from sharing information with the district attorney general and law enforcement personnel for the purpose of cooperating with a law enforcement investigation. Information from departmental records that is shared with the district attorney general or law enforcement by the department shall remain confidential to the same extent that information not shared with the district attorney general and law enforcement is confidential. Unless otherwise ordered by a court, or to the extent that such information is used for criminal prosecution, or to the extent required under the Tennessee rules of criminal procedure after criminal charges have been filed, any portion of shared information that does not become part of a court record shall remain confidential to the same extent as information not shared by the department remains confidential. (g) A violation of this section is a Class B misdemeanor. Acts 1973, ch. 81, § 1; 1977, ch. 343, § 4; Acts 1978, ch. 886, § 4; T.C.A., §§ 37-1208, 37-1209; Acts 1985, ch. 478, § 42; 1987, ch. 145, §§ 15, 23; 1988, ch. 964, § 3; 1989, ch. 591, § 112; 2000, ch. 981, § 51; 2005, ch. 391, § 11; 2008, ch. 1146, § 3; 2009, ch. 358, § 3.
(a) (1) Except as otherwise provided by this section and §§ 37-1-612 and 37-5-107 , reports of harm made under this part and the identity of the reporter are confidential, except when the juvenile court in which the investigation report is filed, in its discretion, determines the testimony of the person reporting to be material to an indictment or conviction. (2) Except as may be ordered by the juvenile court as herein provided, the name of any person reporting child abuse shall not be released to any person, other than employees of the department or other child protection team members responsible for child protective services, the abuse registry, or the appropriate district attorney general upon subpoena of the Tennessee bureau of investigation, without the written consent of the person reporting. Such person's identity shall be irrelevant to any civil proceeding and shall, therefore, not be subject to disclosure by order of any court. This shall not prohibit the subpoenaing of a person reporting child abuse when deemed necessary by the district attorney general or the department to protect a child who is the subject of a report; provided, that the fact that such person made the report is not disclosed.
(1) Except as otherwise provided by this section and §§ 37-1-612 and 37-5-107 , reports of harm made under this part and the identity of the reporter are confidential, except when the juvenile court in which the investigation report is filed, in its discretion, determines the testimony of the person reporting to be material to an indictment or conviction.
(2) Except as may be ordered by the juvenile court as herein provided, the name of any person reporting child abuse shall not be released to any person, other than employees of the department or other child protection team members responsible for child protective services, the abuse registry, or the appropriate district attorney general upon subpoena of the Tennessee bureau of investigation, without the written consent of the person reporting. Such person's identity shall be irrelevant to any civil proceeding and shall, therefore, not be subject to disclosure by order of any court. This shall not prohibit the subpoenaing of a person reporting child abuse when deemed necessary by the district attorney general or the department to protect a child who is the subject of a report; provided, that the fact that such person made the report is not disclosed.
(b) Except as otherwise provided in this part, it is unlawful for any person, except for purposes directly connected with the administration of this part, to disclose, receive, make use of, authorize or knowingly permit, participate in, or acquiesce in the use of any list or the name of, or any information concerning, persons receiving services pursuant to this part, or any information concerning a report or investigation of a report of harm under this part, directly or indirectly derived from the records, papers, files or communications of the department or divisions thereof acquired in the course of the performance of official duties.
(c) In addition to such other purposes as may be directly connected with the administration of this part, the department shall also grant access to information to those persons specified in § 37-1-612 .
(d) The department may confirm whether a child abuse or neglect investigation has been commenced, but may not divulge, except as permitted under this part, any details about the case, including, but not limited to, the name of the reporter, the alleged victim, or the alleged perpetrator.
(e) The department shall adopt such rules as may be necessary to carry out the following purposes: (1) The establishment of administrative and due process procedures for the disclosure of the contents of its files and the results of its investigations for the purpose of protecting children from child sexual abuse, physical abuse, emotional abuse, or neglect; and (2) For other purposes directly connected with the administration of this chapter, including, but not limited to, cooperation with schools, child care agencies, residential and institutional child care providers, child protection agencies, individuals providing care or protection for the child, medical and mental health personnel providing care for the child and the child's family and the perpetrator of any form of child abuse or neglect, law enforcement agencies, the judicial and correctional systems, and for cooperation with scientific and governmental research on child abuse and neglect.
(1) The establishment of administrative and due process procedures for the disclosure of the contents of its files and the results of its investigations for the purpose of protecting children from child sexual abuse, physical abuse, emotional abuse, or neglect; and
(2) For other purposes directly connected with the administration of this chapter, including, but not limited to, cooperation with schools, child care agencies, residential and institutional child care providers, child protection agencies, individuals providing care or protection for the child, medical and mental health personnel providing care for the child and the child's family and the perpetrator of any form of child abuse or neglect, law enforcement agencies, the judicial and correctional systems, and for cooperation with scientific and governmental research on child abuse and neglect.
(f) Except as specifically provided in this chapter, nothing in this chapter shall prevent the department from sharing information with the district attorney general and law enforcement personnel for the purpose of cooperating with a law enforcement investigation. Information from departmental records that is shared with the district attorney general or law enforcement by the department shall remain confidential to the same extent that information not shared with the district attorney general and law enforcement is confidential. Unless otherwise ordered by a court, or to the extent that such information is used for criminal prosecution, or to the extent required under the Tennessee rules of criminal procedure after criminal charges have been filed, any portion of shared information that does not become part of a court record shall remain confidential to the same extent as information not shared by the department remains confidential.
(g) A violation of this section is a Class B misdemeanor.
Acts 1973, ch. 81, § 1; 1977, ch. 343, § 4; Acts 1978, ch. 886, § 4; T.C.A., §§ 37-1208, 37-1209; Acts 1985, ch. 478, § 42; 1987, ch. 145, §§ 15, 23; 1988, ch. 964, § 3; 1989, ch. 591, § 112; 2000, ch. 981, § 51; 2005, ch. 391, § 11; 2008, ch. 1146, § 3; 2009, ch. 358, § 3.
Tenn. Code Ann. § 37-1-123 — TN Code / Title 37 / Chapter 1 / Section 37-1-123
Use of detention
Status: in_force

Detention shall not be ordered as a disposition under § 37-1-132 , and neither a child nor that child's attorney may waive the detention-related prohibitions of that section, including as part of any pre-adjudication agreements. Amended by 2019 Tenn. Acts, ch. 510,s 5, eff. 7/1/2019. Added by 2018 Tenn. Acts, ch. 1052,s 46, eff. 7/1/2019.
Detention shall not be ordered as a disposition under § 37-1-132 , and neither a child nor that child's attorney may waive the detention-related prohibitions of that section, including as part of any pre-adjudication agreements.
Amended by 2019 Tenn. Acts, ch. 510,s 5, eff. 7/1/2019.
Added by 2018 Tenn. Acts, ch. 1052,s 46, eff. 7/1/2019.
Tenn. Code Ann. § 37-2-412 — TN Code / Title 37 / Chapter 2 / Section 37-2-412
Smoke detectors required in foster care dwellings
Status: in_force

(a) As used in this section, unless the context otherwise requires, "approved smoke detector" means a device that senses visible or invisible particles of combustion and has been investigated and listed in accordance with standards prescribed by: (1) A nationally recognized and approved independent testing agency laboratory, such as Underwriters' Laboratories' Standard for Single and Multiple Station Smoke Detectors (UL 217); or (2) An agency authorized to make independent inspections by the state fire marshal. (b) No person, agency, institution or home, whether public or private, shall: (1) Provide foster care services within any dwelling unless an approved smoke detector is installed and maintained within such dwelling by the person, agency, institution or home. When activated, the detector shall initiate an alarm that is audible in the sleeping rooms of the dwelling; or (2) Tamper with or remove any smoke detector required by this section, or a component thereof. (c) All smoke detectors required by this section: (1) Shall be installed in accordance with the manufacturer's directions, unless they conflict with applicable law; and (2) May be wired directly (hardwired) to the building's power supply, powered by a self-monitored battery, or operated with a plug-in outlet fitted with a plug restrainer device, provided the outlet is not controlled by any switch other than the main power supply. (d) Compliance with this section shall not relieve any person, agency, institution or home from the requirements of any other applicable law, ordinance, rule or regulation. Nothing in this section shall be construed to be in derogation of § 68-120-111 . (e) (1) The department of children's services shall enforce this section only for its own foster homes or for agencies that it licenses pursuant to chapter 5, part 5 of this title, and it shall periodically undertake appropriate activities to encourage and ensure compliance. (2) Any violations noted by the department as a result of its inspections of child care agencies pursuant to § 37-5-513 shall be processed in the manner prescribed in that section. (3) The provisions of this section as it applies to persons, agencies, institutions or homes licensed by any other departments of this state to provide foster care for children shall be enforced by those departments. Those departments shall periodically undertake appropriate activities to encourage and ensure compliance. Acts 1990, ch. 619, § 1; 1996, ch. 1079, § 73; 2000, ch. 981, §§ 51, 58.
(a) As used in this section, unless the context otherwise requires, "approved smoke detector" means a device that senses visible or invisible particles of combustion and has been investigated and listed in accordance with standards prescribed by: (1) A nationally recognized and approved independent testing agency laboratory, such as Underwriters' Laboratories' Standard for Single and Multiple Station Smoke Detectors (UL 217); or (2) An agency authorized to make independent inspections by the state fire marshal.
(1) A nationally recognized and approved independent testing agency laboratory, such as Underwriters' Laboratories' Standard for Single and Multiple Station Smoke Detectors (UL 217); or
(2) An agency authorized to make independent inspections by the state fire marshal.
(b) No person, agency, institution or home, whether public or private, shall: (1) Provide foster care services within any dwelling unless an approved smoke detector is installed and maintained within such dwelling by the person, agency, institution or home. When activated, the detector shall initiate an alarm that is audible in the sleeping rooms of the dwelling; or (2) Tamper with or remove any smoke detector required by this section, or a component thereof.
(1) Provide foster care services within any dwelling unless an approved smoke detector is installed and maintained within such dwelling by the person, agency, institution or home. When activated, the detector shall initiate an alarm that is audible in the sleeping rooms of the dwelling; or
(2) Tamper with or remove any smoke detector required by this section, or a component thereof.
(c) All smoke detectors required by this section: (1) Shall be installed in accordance with the manufacturer's directions, unless they conflict with applicable law; and (2) May be wired directly (hardwired) to the building's power supply, powered by a self-monitored battery, or operated with a plug-in outlet fitted with a plug restrainer device, provided the outlet is not controlled by any switch other than the main power supply.
(1) Shall be installed in accordance with the manufacturer's directions, unless they conflict with applicable law; and
(2) May be wired directly (hardwired) to the building's power supply, powered by a self-monitored battery, or operated with a plug-in outlet fitted with a plug restrainer device, provided the outlet is not controlled by any switch other than the main power supply.
(d) Compliance with this section shall not relieve any person, agency, institution or home from the requirements of any other applicable law, ordinance, rule or regulation. Nothing in this section shall be construed to be in derogation of § 68-120-111 .
(e) (1) The department of children's services shall enforce this section only for its own foster homes or for agencies that it licenses pursuant to chapter 5, part 5 of this title, and it shall periodically undertake appropriate activities to encourage and ensure compliance. (2) Any violations noted by the department as a result of its inspections of child care agencies pursuant to § 37-5-513 shall be processed in the manner prescribed in that section. (3) The provisions of this section as it applies to persons, agencies, institutions or homes licensed by any other departments of this state to provide foster care for children shall be enforced by those departments. Those departments shall periodically undertake appropriate activities to encourage and ensure compliance.
(1) The department of children's services shall enforce this section only for its own foster homes or for agencies that it licenses pursuant to chapter 5, part 5 of this title, and it shall periodically undertake appropriate activities to encourage and ensure compliance.
(2) Any violations noted by the department as a result of its inspections of child care agencies pursuant to § 37-5-513 shall be processed in the manner prescribed in that section.
(3) The provisions of this section as it applies to persons, agencies, institutions or homes licensed by any other departments of this state to provide foster care for children shall be enforced by those departments. Those departments shall periodically undertake appropriate activities to encourage and ensure compliance.
Acts 1990, ch. 619, § 1; 1996, ch. 1079, § 73; 2000, ch. 981, §§ 51, 58.
Tenn. Code Ann. § 37-1-159 — TN Code / Title 37 / Chapter 1 / Section 37-1-159
Appeals
Status: in_force

(a) The juvenile court shall be a court of record; and any appeal from any final order or judgment in a delinquency proceeding, filed under this chapter, except a proceeding pursuant to § 37-1-134 , may be made to the criminal court or court having criminal jurisdiction that shall hear the testimony of witnesses and try the case de novo. However, if the child pleads guilty or no contest in a delinquency or unruly proceeding, the child waives the right to appeal the adjudication. If the plea includes an agreement as to disposition, the child also waives the right to appeal the disposition. Any appeal from any final order or judgment in an unruly child proceeding or dependent and neglect proceeding, filed under this chapter, may be made to the circuit court that shall hear the testimony of witnesses and try the case de novo. The appeal shall be perfected within ten (10) days, excluding nonjudicial days, following the entry of the juvenile court's order. If a hearing before a judge of a matter heard by a magistrate is not requested or provided pursuant to § 37-1-107 , the date of the expiration of the time within which to request the hearing shall be the date of disposition for appeal purposes, and the parties and their attorneys shall be so notified by the magistrate. If there is a rehearing by the judge, the appeal period shall commence the day after the order of disposition is entered. All parties to the juvenile court proceeding shall be parties to the de novo appeal. (b) An appeal does not suspend the order of the juvenile court, nor does it release the child from the custody of that court or of that person, institution or agency to whose care the child has been committed. Pending the hearing, the criminal court or circuit court may make the same temporary disposition of the child as is vested in juvenile courts; provided, that until the criminal court or circuit court has entered an order for temporary disposition, the order of the juvenile court shall remain in effect. A juvenile court shall retain jurisdiction to the extent needed to complete any reviews or permanency hearings for children in foster care as may be mandated by federal or state law. (c) When an appeal has been perfected, the juvenile court shall cause the entire record in the case, including the juvenile court's findings and written reports from probation officers, professional court employees or professional consultants, to be taken forthwith to the criminal court or circuit court whose duty it is, either in term or in vacation, to set the case for an early hearing. When an appeal is taken from a juvenile court's decision that involves the removal of a child or children from the custody of their natural or legal parents or guardian or from the department of children's services, or when the decision appealed involves the deprivation of a child's liberty as the result of a finding that such child engaged in criminal activity, such hearing shall be held within forty-five (45) days of receipt of the findings and reports. In its order, the criminal court or circuit court shall remand the case to the juvenile court for enforcement of the judgment rendered by the criminal court or circuit court. Appeals from an order of the criminal court or circuit court pursuant to this subsection (c) may be carried to the court of appeals as provided by law. (d) There is no civil or interlocutory appeal from a juvenile court's disposition pursuant to § 37-1-134 . If and only if a nonlawyer judge presides at the transfer hearing in juvenile court, then the criminal court, upon motion of the child filed within ten (10) days of the juvenile court order, excluding nonjudicial days, shall hold a hearing as expeditiously as possible to determine whether it will accept jurisdiction over the child; provided, that if no such motion is filed with the criminal court within the ten-day period, excluding nonjudicial days, such child shall be subject to indictment, presentment or information for the offense charged and thus subject to trial as an adult. At this hearing, which is de novo, the criminal court shall consider: (1) Any written reports from professional court employees, professional consultants as well as the testimony of any witnesses; and (2) Those issues considered by the juvenile court pursuant to § 37-1-134(a) and (b) . (e) Following a hearing held pursuant to subsection (d), the criminal court may: (1) Remand the child to the jurisdiction of the juvenile court for further proceedings and disposition pursuant to § 37-1-131 , such remand order reciting in detail the court's findings of fact and conclusions of law; or (2) Enter an order certifying that it has taken jurisdiction over the child. This order shall recite, in detail, the court's finding of fact and conclusions of law. Following the order, the child shall be subject to indictment, presentment or information for the offenses charged. The criminal court judge who conducted the hearing to accept jurisdiction shall not thereby be rendered disqualified to preside at the criminal trial on the merits. (f) Appeals from an order of the criminal court pursuant to subsection (e) may be carried to the court of criminal appeals in the manner provided by the Tennessee Rules of Appellate Procedure only following a conviction on the merits of the charge. This is the exclusive method of appeal from a finding that the criminal court accepts jurisdiction. The state may appeal to the court of criminal appeals a finding that the child be remanded to the juvenile court upon the ground of abuse of discretion. Pending the appeal by the state, the criminal court shall make a determination of whether or not the child shall be released on the child's own recognizance, or on bond, or held in the custodial care of the sheriff of the county. (g) (1) The criminal court, or court having criminal jurisdiction, shall review a juvenile court's determination pursuant to Section 6, upon motion of the child or the prosecution. (2) If a motion to appeal is filed, then the clerk of the juvenile court shall file the record on appeal no later than fifteen (15) days after the entry of the juvenile court's order. (3) The criminal court or court having criminal jurisdiction shall conduct a de novo review of the juvenile court's determination, and the court's review must be expedited. The review by the criminal court or court having criminal jurisdiction is a review of the record only and must be conducted without an evidentiary hearing. (4) The state shall serve and file a brief no later than fifteen (15) days after the date on which the record is filed with the clerk of the criminal court or court having criminal jurisdiction. Counsel for the child shall serve and file a brief within fifteen (15) days after the state's brief is filed with the clerk. Reply briefs are not permitted. The criminal court or court having criminal jurisdiction must issue a decision within forty-five (45) days after the date on which the record is filed with the clerk of the criminal court or court having criminal jurisdiction. (5) If a motion to appeal is filed, then the juvenile court's jurisdiction over the alleged delinquent conduct under de novo review by the criminal court or court having criminal jurisdiction pursuant to this subsection (g) is automatically stayed until the review by the criminal court or court having criminal jurisdiction is completed. (h) (1) Notwithstanding this section to the contrary, a petitioner or the state may appeal a court's determination under § 37-1-190(e) to the criminal court or a court having criminal jurisdiction. The criminal court, or court having criminal jurisdiction, shall hear the case de novo. (2) An appeal from a court's determination under § 37-1-190(e) must be filed within ten (10) days, excluding nonjudicial days, following the entry of the juvenile court's order. (i) Appeals in all other civil matters heard by the juvenile court are governed by the Tennessee Rules of Appellate Procedure. Amended by 2024 Tenn. Acts, ch. 1007,s 11, eff. 1/1/2025. Amended by 2024 Tenn. Acts, ch. 973,s 12, eff. 7/1/2024. Amended by 2019 Tenn. Acts, ch. 312, s 10, eff. 5/8/2019. Amended by 2016 Tenn. Acts, ch. 637, Secs.s 1, s 2 eff. 7/1/2016. Acts 1970, ch. 600, § 58; 1976, ch. 745, § 6; 1980, ch. 558, § 1; 1981, ch. 370, § 1; 1981, ch. 449, § 2(24); 1983, ch. 254, § 4; T.C.A., § 37-258; Acts 1985, ch. 328, § 1; 1986, ch. 612, §§ 2, 3; 1992, ch. 704, § 1; 1993, ch. 386, § 1; 1994, ch. 810, §§ 1, 2; 1996, ch. 1079, §§ 73, 104; 1997 , ch. 516, § 1; 2009 , ch. 235, § 1.
(a) The juvenile court shall be a court of record; and any appeal from any final order or judgment in a delinquency proceeding, filed under this chapter, except a proceeding pursuant to § 37-1-134 , may be made to the criminal court or court having criminal jurisdiction that shall hear the testimony of witnesses and try the case de novo. However, if the child pleads guilty or no contest in a delinquency or unruly proceeding, the child waives the right to appeal the adjudication. If the plea includes an agreement as to disposition, the child also waives the right to appeal the disposition. Any appeal from any final order or judgment in an unruly child proceeding or dependent and neglect proceeding, filed under this chapter, may be made to the circuit court that shall hear the testimony of witnesses and try the case de novo. The appeal shall be perfected within ten (10) days, excluding nonjudicial days, following the entry of the juvenile court's order. If a hearing before a judge of a matter heard by a magistrate is not requested or provided pursuant to § 37-1-107 , the date of the expiration of the time within which to request the hearing shall be the date of disposition for appeal purposes, and the parties and their attorneys shall be so notified by the magistrate. If there is a rehearing by the judge, the appeal period shall commence the day after the order of disposition is entered. All parties to the juvenile court proceeding shall be parties to the de novo appeal.
(b) An appeal does not suspend the order of the juvenile court, nor does it release the child from the custody of that court or of that person, institution or agency to whose care the child has been committed. Pending the hearing, the criminal court or circuit court may make the same temporary disposition of the child as is vested in juvenile courts; provided, that until the criminal court or circuit court has entered an order for temporary disposition, the order of the juvenile court shall remain in effect. A juvenile court shall retain jurisdiction to the extent needed to complete any reviews or permanency hearings for children in foster care as may be mandated by federal or state law.
(c) When an appeal has been perfected, the juvenile court shall cause the entire record in the case, including the juvenile court's findings and written reports from probation officers, professional court employees or professional consultants, to be taken forthwith to the criminal court or circuit court whose duty it is, either in term or in vacation, to set the case for an early hearing. When an appeal is taken from a juvenile court's decision that involves the removal of a child or children from the custody of their natural or legal parents or guardian or from the department of children's services, or when the decision appealed involves the deprivation of a child's liberty as the result of a finding that such child engaged in criminal activity, such hearing shall be held within forty-five (45) days of receipt of the findings and reports. In its order, the criminal court or circuit court shall remand the case to the juvenile court for enforcement of the judgment rendered by the criminal court or circuit court. Appeals from an order of the criminal court or circuit court pursuant to this subsection (c) may be carried to the court of appeals as provided by law.
(d) There is no civil or interlocutory appeal from a juvenile court's disposition pursuant to § 37-1-134 . If and only if a nonlawyer judge presides at the transfer hearing in juvenile court, then the criminal court, upon motion of the child filed within ten (10) days of the juvenile court order, excluding nonjudicial days, shall hold a hearing as expeditiously as possible to determine whether it will accept jurisdiction over the child; provided, that if no such motion is filed with the criminal court within the ten-day period, excluding nonjudicial days, such child shall be subject to indictment, presentment or information for the offense charged and thus subject to trial as an adult. At this hearing, which is de novo, the criminal court shall consider: (1) Any written reports from professional court employees, professional consultants as well as the testimony of any witnesses; and (2) Those issues considered by the juvenile court pursuant to § 37-1-134(a) and (b) .
(1) Any written reports from professional court employees, professional consultants as well as the testimony of any witnesses; and
(2) Those issues considered by the juvenile court pursuant to § 37-1-134(a) and (b) .
(e) Following a hearing held pursuant to subsection (d), the criminal court may: (1) Remand the child to the jurisdiction of the juvenile court for further proceedings and disposition pursuant to § 37-1-131 , such remand order reciting in detail the court's findings of fact and conclusions of law; or (2) Enter an order certifying that it has taken jurisdiction over the child. This order shall recite, in detail, the court's finding of fact and conclusions of law. Following the order, the child shall be subject to indictment, presentment or information for the offenses charged. The criminal court judge who conducted the hearing to accept jurisdiction shall not thereby be rendered disqualified to preside at the criminal trial on the merits.
(1) Remand the child to the jurisdiction of the juvenile court for further proceedings and disposition pursuant to § 37-1-131 , such remand order reciting in detail the court's findings of fact and conclusions of law; or
(2) Enter an order certifying that it has taken jurisdiction over the child. This order shall recite, in detail, the court's finding of fact and conclusions of law. Following the order, the child shall be subject to indictment, presentment or information for the offenses charged. The criminal court judge who conducted the hearing to accept jurisdiction shall not thereby be rendered disqualified to preside at the criminal trial on the merits.
(f) Appeals from an order of the criminal court pursuant to subsection (e) may be carried to the court of criminal appeals in the manner provided by the Tennessee Rules of Appellate Procedure only following a conviction on the merits of the charge. This is the exclusive method of appeal from a finding that the criminal court accepts jurisdiction. The state may appeal to the court of criminal appeals a finding that the child be remanded to the juvenile court upon the ground of abuse of discretion. Pending the appeal by the state, the criminal court shall make a determination of whether or not the child shall be released on the child's own recognizance, or on bond, or held in the custodial care of the sheriff of the county.
(g) (1) The criminal court, or court having criminal jurisdiction, shall review a juvenile court's determination pursuant to Section 6, upon motion of the child or the prosecution. (2) If a motion to appeal is filed, then the clerk of the juvenile court shall file the record on appeal no later than fifteen (15) days after the entry of the juvenile court's order. (3) The criminal court or court having criminal jurisdiction shall conduct a de novo review of the juvenile court's determination, and the court's review must be expedited. The review by the criminal court or court having criminal jurisdiction is a review of the record only and must be conducted without an evidentiary hearing. (4) The state shall serve and file a brief no later than fifteen (15) days after the date on which the record is filed with the clerk of the criminal court or court having criminal jurisdiction. Counsel for the child shall serve and file a brief within fifteen (15) days after the state's brief is filed with the clerk. Reply briefs are not permitted. The criminal court or court having criminal jurisdiction must issue a decision within forty-five (45) days after the date on which the record is filed with the clerk of the criminal court or court having criminal jurisdiction. (5) If a motion to appeal is filed, then the juvenile court's jurisdiction over the alleged delinquent conduct under de novo review by the criminal court or court having criminal jurisdiction pursuant to this subsection (g) is automatically stayed until the review by the criminal court or court having criminal jurisdiction is completed.
(1) The criminal court, or court having criminal jurisdiction, shall review a juvenile court's determination pursuant to Section 6, upon motion of the child or the prosecution.
(2) If a motion to appeal is filed, then the clerk of the juvenile court shall file the record on appeal no later than fifteen (15) days after the entry of the juvenile court's order.
(3) The criminal court or court having criminal jurisdiction shall conduct a de novo review of the juvenile court's determination, and the court's review must be expedited. The review by the criminal court or court having criminal jurisdiction is a review of the record only and must be conducted without an evidentiary hearing.
(4) The state shall serve and file a brief no later than fifteen (15) days after the date on which the record is filed with the clerk of the criminal court or court having criminal jurisdiction. Counsel for the child shall serve and file a brief within fifteen (15) days after the state's brief is filed with the clerk. Reply briefs are not permitted. The criminal court or court having criminal jurisdiction must issue a decision within forty-five (45) days after the date on which the record is filed with the clerk of the criminal court or court having criminal jurisdiction.
(5) If a motion to appeal is filed, then the juvenile court's jurisdiction over the alleged delinquent conduct under de novo review by the criminal court or court having criminal jurisdiction pursuant to this subsection (g) is automatically stayed until the review by the criminal court or court having criminal jurisdiction is completed.
(h) (1) Notwithstanding this section to the contrary, a petitioner or the state may appeal a court's determination under § 37-1-190(e) to the criminal court or a court having criminal jurisdiction. The criminal court, or court having criminal jurisdiction, shall hear the case de novo. (2) An appeal from a court's determination under § 37-1-190(e) must be filed within ten (10) days, excluding nonjudicial days, following the entry of the juvenile court's order.
(1) Notwithstanding this section to the contrary, a petitioner or the state may appeal a court's determination under § 37-1-190(e) to the criminal court or a court having criminal jurisdiction. The criminal court, or court having criminal jurisdiction, shall hear the case de novo.
(2) An appeal from a court's determination under § 37-1-190(e) must be filed within ten (10) days, excluding nonjudicial days, following the entry of the juvenile court's order.
(i) Appeals in all other civil matters heard by the juvenile court are governed by the Tennessee Rules of Appellate Procedure.
Amended by 2024 Tenn. Acts, ch. 1007,s 11, eff. 1/1/2025.
Amended by 2024 Tenn. Acts, ch. 973,s 12, eff. 7/1/2024.
Amended by 2019 Tenn. Acts, ch. 312, s 10, eff. 5/8/2019.
Amended by 2016 Tenn. Acts, ch. 637, Secs.s 1, s 2 eff. 7/1/2016.
Acts 1970, ch. 600, § 58; 1976, ch. 745, § 6; 1980, ch. 558, § 1; 1981, ch. 370, § 1; 1981, ch. 449, § 2(24); 1983, ch. 254, § 4; T.C.A., § 37-258; Acts 1985, ch. 328, § 1; 1986, ch. 612, §§ 2, 3; 1992, ch. 704, § 1; 1993, ch. 386, § 1; 1994, ch. 810, §§ 1, 2; 1996, ch. 1079, §§ 73, 104; 1997 , ch. 516, § 1; 2009 , ch. 235, § 1.
Tenn. Code Ann. § 37-3-112 — TN Code / Title 37 / Chapter 3 / Section 37-3-112
Plan for a statewide system of care - Principles of care - Resource map and cost analysis
Status: in_force

(a) The council shall develop a plan for a statewide system of care where children's mental health care is child-centered, family-driven, and culturally and linguistically competent and that provides a coordinated system of care for children's mental health needs in this state. (b) The plan developed pursuant to subsection (a) shall provide for a service delivery system operated in a manner that provides the following principles of care: (1) Children with mental health needs should have access to a comprehensive array of services that address the child's physical, emotional, social and educational needs; (2) Children with mental health needs should receive individualized services in accordance with the unique needs and potentials of each child and guided by an individualized service plan; (3) Children with mental health needs should receive services within the least restrictive, most normative environment that is therapeutically appropriate; (4) The families of children with mental health needs should be full participants in all aspects of the planning and delivery of services; (5) Children with mental health needs should receive services that are integrated, with linkages between child-serving agencies and programs and mechanisms for planning, developing and coordinating the services; (6) Children with mental health needs should be provided with case management or similar mechanisms to ensure that multiple services are delivered in a coordinated, integrated and therapeutic manner and that each child can move through the system of services in accordance with their changing needs; (7) Early identification and intervention for children with mental health needs should be promoted by the system of care in order to enhance the likelihood of positive outcomes; (8) Children with mental health needs whose needs continue beyond adolescence should be ensured smooth transitions to the adult service system as each child reaches adulthood; (9) The rights of children with mental health needs should be protected; and (10) Children with mental health needs have access to services without regard to race, religion, national origin, sex, physical disability or other characteristics. Services should be sensitive and responsive to cultural differences and special needs. (c) The plan shall include a core set of services and supports that appropriately and effectively addresses the mental health needs of children and families. (d) The council, to guide and support the plan, shall also develop a financial resource map and cost analysis of all federal and state funded programs that support and serve children's mental health needs in this state. The council shall assure the financial resource map and cost analysis are updated annually so as to maintain a current cost analysis of the funds used to support children's mental health care needs in the state from conception through the age of majority or so long as the child receives services provided by these funding streams. The resource map and cost analysis shall include, but not be limited to: (1) An inventory of all federal and state funding sources that support children's mental health needs in this state; (2) A description of the manner in which the funds are being used within the agencies or organizations, the performance measures in place to assess the use of the funding and the intended outcomes of the programs and services; (3) Government mandates for the use of such funds, if any; and (4) An inventory of the funds for which the state may be eligible, but is currently not receiving or using, and the reasons why the funds are not being used. Acts 2008, ch. 1062, § 1.
(a) The council shall develop a plan for a statewide system of care where children's mental health care is child-centered, family-driven, and culturally and linguistically competent and that provides a coordinated system of care for children's mental health needs in this state.
(b) The plan developed pursuant to subsection (a) shall provide for a service delivery system operated in a manner that provides the following principles of care: (1) Children with mental health needs should have access to a comprehensive array of services that address the child's physical, emotional, social and educational needs; (2) Children with mental health needs should receive individualized services in accordance with the unique needs and potentials of each child and guided by an individualized service plan; (3) Children with mental health needs should receive services within the least restrictive, most normative environment that is therapeutically appropriate; (4) The families of children with mental health needs should be full participants in all aspects of the planning and delivery of services; (5) Children with mental health needs should receive services that are integrated, with linkages between child-serving agencies and programs and mechanisms for planning, developing and coordinating the services; (6) Children with mental health needs should be provided with case management or similar mechanisms to ensure that multiple services are delivered in a coordinated, integrated and therapeutic manner and that each child can move through the system of services in accordance with their changing needs; (7) Early identification and intervention for children with mental health needs should be promoted by the system of care in order to enhance the likelihood of positive outcomes; (8) Children with mental health needs whose needs continue beyond adolescence should be ensured smooth transitions to the adult service system as each child reaches adulthood; (9) The rights of children with mental health needs should be protected; and (10) Children with mental health needs have access to services without regard to race, religion, national origin, sex, physical disability or other characteristics. Services should be sensitive and responsive to cultural differences and special needs.
(1) Children with mental health needs should have access to a comprehensive array of services that address the child's physical, emotional, social and educational needs;
(2) Children with mental health needs should receive individualized services in accordance with the unique needs and potentials of each child and guided by an individualized service plan;
(3) Children with mental health needs should receive services within the least restrictive, most normative environment that is therapeutically appropriate;
(4) The families of children with mental health needs should be full participants in all aspects of the planning and delivery of services;
(5) Children with mental health needs should receive services that are integrated, with linkages between child-serving agencies and programs and mechanisms for planning, developing and coordinating the services;
(6) Children with mental health needs should be provided with case management or similar mechanisms to ensure that multiple services are delivered in a coordinated, integrated and therapeutic manner and that each child can move through the system of services in accordance with their changing needs;
(7) Early identification and intervention for children with mental health needs should be promoted by the system of care in order to enhance the likelihood of positive outcomes;
(8) Children with mental health needs whose needs continue beyond adolescence should be ensured smooth transitions to the adult service system as each child reaches adulthood;
(9) The rights of children with mental health needs should be protected; and
(10) Children with mental health needs have access to services without regard to race, religion, national origin, sex, physical disability or other characteristics. Services should be sensitive and responsive to cultural differences and special needs.
(c) The plan shall include a core set of services and supports that appropriately and effectively addresses the mental health needs of children and families.
(d) The council, to guide and support the plan, shall also develop a financial resource map and cost analysis of all federal and state funded programs that support and serve children's mental health needs in this state. The council shall assure the financial resource map and cost analysis are updated annually so as to maintain a current cost analysis of the funds used to support children's mental health care needs in the state from conception through the age of majority or so long as the child receives services provided by these funding streams. The resource map and cost analysis shall include, but not be limited to: (1) An inventory of all federal and state funding sources that support children's mental health needs in this state; (2) A description of the manner in which the funds are being used within the agencies or organizations, the performance measures in place to assess the use of the funding and the intended outcomes of the programs and services; (3) Government mandates for the use of such funds, if any; and (4) An inventory of the funds for which the state may be eligible, but is currently not receiving or using, and the reasons why the funds are not being used.
(1) An inventory of all federal and state funding sources that support children's mental health needs in this state;
(2) A description of the manner in which the funds are being used within the agencies or organizations, the performance measures in place to assess the use of the funding and the intended outcomes of the programs and services;
(3) Government mandates for the use of such funds, if any; and
(4) An inventory of the funds for which the state may be eligible, but is currently not receiving or using, and the reasons why the funds are not being used.
Acts 2008, ch. 1062, § 1.
Tenn. Code Ann. § 37-10-203 — TN Code / Title 37 / Chapter 10 / Section 37-10-203
Formal missing child report - Entry of report into NCIC
Status: in_force

Every law enforcement officer receiving information from a parent or any source that it deems creditable shall prepare a formal missing child report. A law enforcement agency reporting a missing child is further required to enter or cause to be entered the report of the missing child into the National Crime Information Center (NCIC) within two (2) hours of the receipt of the initial missing child report. Acts 1985, ch. 158, § 3; 2009, ch. 76, § 1; 2012, ch. 856, § 1.
Every law enforcement officer receiving information from a parent or any source that it deems creditable shall prepare a formal missing child report. A law enforcement agency reporting a missing child is further required to enter or cause to be entered the report of the missing child into the National Crime Information Center (NCIC) within two (2) hours of the receipt of the initial missing child report.
Acts 1985, ch. 158, § 3; 2009, ch. 76, § 1; 2012, ch. 856, § 1.
Tenn. Code Ann. § 37-1-175 — TN Code / Title 37 / Chapter 1 / Section 37-1-175
Temporary legal custody for children with mental illnesses
Status: in_force

IF AND ONLY IF (1) a child is the subject of a proceeding under this chapter, AND (2) the child is mentally ill, AND (3) the child needs care, training, or treatment because of the mental illness, AND (4) all available less drastic alternatives to committing the child to the temporary legal custody of the department are unsuitable to meet the child's needs for care, training, or treatment for the mental illness, THEN (5) a juvenile court may commit the child to the temporary legal custody of the department in proceedings conducted in conformity with §§ 33-3-602 - 33-3-608, 33-3-610 - 33-3-620, and 33-6-505 - 33-6-508, to meet the child's needs for care, training, or treatment for the mental illness. Acts 1986, ch. 836, § 3; 1996, ch. 1079, §§ 37-39; T.C.A., § 33-3-203; Acts 2000, ch. 947, § 7.
IF AND ONLY IF
(1) a child is the subject of a proceeding under this chapter, AND
(2) the child is mentally ill, AND
(3) the child needs care, training, or treatment because of the mental illness, AND
(4) all available less drastic alternatives to committing the child to the temporary legal custody of the department are unsuitable to meet the child's needs for care, training, or treatment for the mental illness, THEN
THEN
(5) a juvenile court may commit the child to the temporary legal custody of the department in proceedings conducted in conformity with §§ 33-3-602 - 33-3-608, 33-3-610 - 33-3-620, and 33-6-505 - 33-6-508, to meet the child's needs for care, training, or treatment for the mental illness.
Acts 1986, ch. 836, § 3; 1996, ch. 1079, §§ 37-39; T.C.A., § 33-3-203; Acts 2000, ch. 947, § 7.
Tenn. Code Ann. § 37-5-520 — TN Code / Title 37 / Chapter 5 / Section 37-5-520
Licensing for nontraditional child care agencies
Status: in_force

(a) (1) An individual or entity operating a nontraditional child care agency that serves or intends to serve children must be licensed by the department as provided by this section. (2) (A) The department may issue rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2, for the licensing of individuals or entities subject to this part and the enforcement of appropriate standards for the health, safety, and welfare of children under the care or supervision of those individuals or entities. (B) The rules of the department that are in effect on July 1, 2000, remain in effect until modified by regulatory action of the department to the extent the rules are not inconsistent with this part. (3) The department shall develop the rules for nontraditional child care agencies, and shall base the continued approval of the licensing of a nontraditional child care agency, upon the following criteria: (A) The safety, welfare, and best interests of the children in the care of the agency; (B) The capability, training, and character of the individuals providing or supervising the care to the children; (C) The quality of the methods of care and instruction provided for the children; (D) The suitability of the facilities provided for the care of the children; (E) The adequacy of the methods of administration and the management of the nontraditional child care agency, the agency's personnel policies, and the financing of the agency; and (F) The present need for the nontraditional child care agency. (b) (1) The department shall provide reasonable assistance to applicants or licensees in meeting the child care standards of the department, unless the circumstances demonstrate that further assistance is not compatible with the continued safety, health, or welfare of the children in the agency's care, and that regulatory action affecting the agency's license is warranted. Costs and expenses arising from or related to meeting the child care standards of the department are borne entirely by the applicant or licensee. (2) If a licensee is denied the renewal of an existing license or an existing license is revoked, or if an applicant for a license cannot meet the standards, then the department shall assist in planning for the placement of the children in licensed nontraditional child care agencies, or other suitable care, return them to their own homes, or make other plans as are necessary and advisable to meet the particular needs of the children involved. (c) Application for a license to operate a nontraditional child care agency must be made in writing to the department in a manner as the department determines and must be accompanied by the appropriate fee set forth in subsection (f). (d) (1) (A) (i) Except as provided in subdivision (d)(1)(A)(ii), the department shall issue a temporary license to an applicant for a nontraditional child care agency license that is not the renewal of an existing license if the department determines that the applicant has presented satisfactory evidence that: (a) The facility that is proposed for the care of children: (1) Complies with local and state building, fire, environmental, health, and safety laws and regulations; and (2) Includes separate sleeping quarters for children of different genders; (b) The applicant and the personnel who will care for the children are capable to care for the children; (c) The applicant has the ability and intent to comply with the licensing law and rules; and (d) The applicant has obtained liability insurance of no less than two million dollars ($2,000,000). (ii) The department shall not issue a temporary license for nontraditional child care agencies that federal law or regulations prohibit the department from licensing until all necessary licensing requirements are met. (B) If the department determines that the conditions of the nontraditional child care agency license applicant's facility, its methods of care, or other circumstances warrant, then the department may issue a restricted license that limits the agency's authority in one (1) or more areas of operation. (2) The purpose of the temporary license is to permit the nontraditional child care agency license applicant to demonstrate to the department that it has complied with all licensing laws and rules applicable to its classification prior to the issuance of an initial annual license. (3) Within ninety (90) days of the issuance of the temporary license, the department shall determine if the applicant has complied with all licensing laws and rules governing the nontraditional child care agency for which the application was made. (4) (A) If the department determines that the applicant has complied with all licensing laws and rules for the nontraditional child care agency for which the application was made, then the department shall issue an annual license. (B) If the department determines that the conditions of the applicant's facility, its methods of care, or other circumstances warrant, then the department may issue a restricted license that limits the agency's authority in one (1) or more areas of operation. (5) (A) In granting a license, the department may limit the total number of children who may be enrolled in the nontraditional child care agency regardless of whether the agency may have the physical capacity to care for more children. (B) The department shall not approve a license for a nontraditional child care agency to provide care for more than twenty-five (25) children during the license period that must be transported across state lines to enter the agency's care and whose transport across state lines is not subject to the Interstate Compact for Juveniles, compiled in chapter 4, part 1 of this title or the Interstate Compact on the Placement of Children, compiled in chapter 4, part 2 of this title. (6) The licensee shall post the license in a clearly visible location as determined by the department so that persons visiting the agency can readily view the license. (7) If the department fails to issue or deny an annual license within ninety (90) days of the granting of the temporary license, then the temporary license remains in effect, unless suspended, as provided in § 37-5-514 , until a determination is made. If an annual license is denied following the issuance of a temporary license, and if a timely appeal is made of the denial of the annual license, then the temporary license remains in effect, unless suspended, until the board of review renders a decision regarding the denial of the annual license. (8) If a temporary or annual license is denied, or an annual license is restricted, then the applicant may appeal the denial or restriction as provided in § 37-5-514 . (e) (1) Except as provided in this section, a license for a nontraditional child care agency is not transferable, and the transfer by sale or lease, or other manner, of the operation of the agency to another individual or entity voids the existing license immediately and a pending appeal involving the status of the license, and the agency is required to close immediately. If the transferee has made application for, and is granted, a temporary license, then the agency may continue operation under the direction of the new licensee. The new licensee in such circumstances must not be the transferor or an individual or entity acting on behalf of the transferor. (2) If the department determines that an individual or entity has transferred nominal control of an agency to individuals or entities who are determined by the department to be acting on behalf of the purported transferor in order to circumvent a history of violations of the licensing law or rules or to otherwise attempt to circumvent the licensing law or rules or prior licensing actions instituted by the department, then the department may deny the issuance of a license to the applicant. The applicant may appeal the denial of the license as provided in § 37-5-514 . (3) (A) The department shall not void the license of an agency, nor void a pending appeal, pursuant to this subsection (e) solely for the reason that the agency is subject to judicial orders directing the transfer of control or management of a child care agency or its license to a receiver, trustee, administrator, or executor of an estate, or a similarly situated individual or entity. (B) If the current licensee dies, and provided that no licensing violations require the suspension, denial, or revocation of the agency's license, then the department may grant family members of the licensee, or administrators or executors of the licensee, a temporary license to continue operation for a period of ninety (90) days. At the end of the ninety-day period, the department shall determine whether an annual or extended license should be granted to a new licensee as otherwise provided in this section. (C) This subsection (e) does not prevent the department from taking regulatory or judicial action as may be required pursuant to the licensing laws and rules that may be necessary to protect the children in the care of the agency. (f) A nontraditional child care agency shall pay an application fee of twenty-five dollars ($25.00). Additionally, the agency shall pay a fee of one hundred dollars ($100) per child that the agency is licensed to care for during the licensure period. (g) Licensure application and renewal fees collected by the department pursuant to this section must be paid into the general fund, but be earmarked for and dedicated to the department. The department shall use the earmarked fees exclusively to improve child care quality in this state by funding activities that include, but are not limited to, child care provider training activities, but excluding costs associated with conducting criminal background checks. (h) (1) Notwithstanding title 13, chapter 7 to the contrary, upon adoption of a resolution by two-thirds (2/3) vote of the county legislative body, a zoning authority, in determining the suitability of a request for a use of property for the establishment or alteration of a nontraditional child care agency, may consider the criminal background of the persons or person making the request or the criminal background of the persons or person who will manage or operate the nontraditional child care agency. The authority may require the person to submit a fingerprint sample and a criminal history disclosure form. A criminal history records check conducted under this subdivision (h)(1) must be conducted by the Tennessee bureau of investigation or the federal bureau of investigation, or both, and the results of the check must be forwarded to the authority. (2) The authority shall maintain the confidentiality of all criminal history records information received pursuant to this subsection (h). (3) The zoning authority is responsible for all costs associated with obtaining the criminal background information. (i) On or after July 1, 2022, an applicant seeking a license, including renewal of an existing license, must: (1) Demonstrate compliance with the evidentiary requirements in subdivision (d)(1)(A)(i); (2) Provide information regarding other entities operated by the applicant; and (3) Disclose all contracts and agreements, including contract or agreement amendments, with third parties through which the applicant intends to provide placement, housing, or care services for children in this state. Added by 2022 Tenn. Acts, ch. 1126, s 6, eff. 7/1/2022.
(a) (1) An individual or entity operating a nontraditional child care agency that serves or intends to serve children must be licensed by the department as provided by this section. (2) (A) The department may issue rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2, for the licensing of individuals or entities subject to this part and the enforcement of appropriate standards for the health, safety, and welfare of children under the care or supervision of those individuals or entities. (B) The rules of the department that are in effect on July 1, 2000, remain in effect until modified by regulatory action of the department to the extent the rules are not inconsistent with this part. (3) The department shall develop the rules for nontraditional child care agencies, and shall base the continued approval of the licensing of a nontraditional child care agency, upon the following criteria: (A) The safety, welfare, and best interests of the children in the care of the agency; (B) The capability, training, and character of the individuals providing or supervising the care to the children; (C) The quality of the methods of care and instruction provided for the children; (D) The suitability of the facilities provided for the care of the children; (E) The adequacy of the methods of administration and the management of the nontraditional child care agency, the agency's personnel policies, and the financing of the agency; and (F) The present need for the nontraditional child care agency.
(1) An individual or entity operating a nontraditional child care agency that serves or intends to serve children must be licensed by the department as provided by this section.
(2) (A) The department may issue rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2, for the licensing of individuals or entities subject to this part and the enforcement of appropriate standards for the health, safety, and welfare of children under the care or supervision of those individuals or entities. (B) The rules of the department that are in effect on July 1, 2000, remain in effect until modified by regulatory action of the department to the extent the rules are not inconsistent with this part.
(A) The department may issue rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2, for the licensing of individuals or entities subject to this part and the enforcement of appropriate standards for the health, safety, and welfare of children under the care or supervision of those individuals or entities.
(B) The rules of the department that are in effect on July 1, 2000, remain in effect until modified by regulatory action of the department to the extent the rules are not inconsistent with this part.
(3) The department shall develop the rules for nontraditional child care agencies, and shall base the continued approval of the licensing of a nontraditional child care agency, upon the following criteria: (A) The safety, welfare, and best interests of the children in the care of the agency; (B) The capability, training, and character of the individuals providing or supervising the care to the children; (C) The quality of the methods of care and instruction provided for the children; (D) The suitability of the facilities provided for the care of the children; (E) The adequacy of the methods of administration and the management of the nontraditional child care agency, the agency's personnel policies, and the financing of the agency; and (F) The present need for the nontraditional child care agency.
(A) The safety, welfare, and best interests of the children in the care of the agency;
(B) The capability, training, and character of the individuals providing or supervising the care to the children;
(C) The quality of the methods of care and instruction provided for the children;
(D) The suitability of the facilities provided for the care of the children;
(E) The adequacy of the methods of administration and the management of the nontraditional child care agency, the agency's personnel policies, and the financing of the agency; and
(F) The present need for the nontraditional child care agency.
(b) (1) The department shall provide reasonable assistance to applicants or licensees in meeting the child care standards of the department, unless the circumstances demonstrate that further assistance is not compatible with the continued safety, health, or welfare of the children in the agency's care, and that regulatory action affecting the agency's license is warranted. Costs and expenses arising from or related to meeting the child care standards of the department are borne entirely by the applicant or licensee. (2) If a licensee is denied the renewal of an existing license or an existing license is revoked, or if an applicant for a license cannot meet the standards, then the department shall assist in planning for the placement of the children in licensed nontraditional child care agencies, or other suitable care, return them to their own homes, or make other plans as are necessary and advisable to meet the particular needs of the children involved.
(1) The department shall provide reasonable assistance to applicants or licensees in meeting the child care standards of the department, unless the circumstances demonstrate that further assistance is not compatible with the continued safety, health, or welfare of the children in the agency's care, and that regulatory action affecting the agency's license is warranted. Costs and expenses arising from or related to meeting the child care standards of the department are borne entirely by the applicant or licensee.
(2) If a licensee is denied the renewal of an existing license or an existing license is revoked, or if an applicant for a license cannot meet the standards, then the department shall assist in planning for the placement of the children in licensed nontraditional child care agencies, or other suitable care, return them to their own homes, or make other plans as are necessary and advisable to meet the particular needs of the children involved.
(c) Application for a license to operate a nontraditional child care agency must be made in writing to the department in a manner as the department determines and must be accompanied by the appropriate fee set forth in subsection (f).
(d) (1) (A) (i) Except as provided in subdivision (d)(1)(A)(ii), the department shall issue a temporary license to an applicant for a nontraditional child care agency license that is not the renewal of an existing license if the department determines that the applicant has presented satisfactory evidence that: (a) The facility that is proposed for the care of children: (1) Complies with local and state building, fire, environmental, health, and safety laws and regulations; and (2) Includes separate sleeping quarters for children of different genders; (b) The applicant and the personnel who will care for the children are capable to care for the children; (c) The applicant has the ability and intent to comply with the licensing law and rules; and (d) The applicant has obtained liability insurance of no less than two million dollars ($2,000,000). (ii) The department shall not issue a temporary license for nontraditional child care agencies that federal law or regulations prohibit the department from licensing until all necessary licensing requirements are met. (B) If the department determines that the conditions of the nontraditional child care agency license applicant's facility, its methods of care, or other circumstances warrant, then the department may issue a restricted license that limits the agency's authority in one (1) or more areas of operation. (2) The purpose of the temporary license is to permit the nontraditional child care agency license applicant to demonstrate to the department that it has complied with all licensing laws and rules applicable to its classification prior to the issuance of an initial annual license. (3) Within ninety (90) days of the issuance of the temporary license, the department shall determine if the applicant has complied with all licensing laws and rules governing the nontraditional child care agency for which the application was made. (4) (A) If the department determines that the applicant has complied with all licensing laws and rules for the nontraditional child care agency for which the application was made, then the department shall issue an annual license. (B) If the department determines that the conditions of the applicant's facility, its methods of care, or other circumstances warrant, then the department may issue a restricted license that limits the agency's authority in one (1) or more areas of operation. (5) (A) In granting a license, the department may limit the total number of children who may be enrolled in the nontraditional child care agency regardless of whether the agency may have the physical capacity to care for more children. (B) The department shall not approve a license for a nontraditional child care agency to provide care for more than twenty-five (25) children during the license period that must be transported across state lines to enter the agency's care and whose transport across state lines is not subject to the Interstate Compact for Juveniles, compiled in chapter 4, part 1 of this title or the Interstate Compact on the Placement of Children, compiled in chapter 4, part 2 of this title. (6) The licensee shall post the license in a clearly visible location as determined by the department so that persons visiting the agency can readily view the license. (7) If the department fails to issue or deny an annual license within ninety (90) days of the granting of the temporary license, then the temporary license remains in effect, unless suspended, as provided in § 37-5-514 , until a determination is made. If an annual license is denied following the issuance of a temporary license, and if a timely appeal is made of the denial of the annual license, then the temporary license remains in effect, unless suspended, until the board of review renders a decision regarding the denial of the annual license. (8) If a temporary or annual license is denied, or an annual license is restricted, then the applicant may appeal the denial or restriction as provided in § 37-5-514 .
(1) (A) (i) Except as provided in subdivision (d)(1)(A)(ii), the department shall issue a temporary license to an applicant for a nontraditional child care agency license that is not the renewal of an existing license if the department determines that the applicant has presented satisfactory evidence that: (a) The facility that is proposed for the care of children: (1) Complies with local and state building, fire, environmental, health, and safety laws and regulations; and (2) Includes separate sleeping quarters for children of different genders; (b) The applicant and the personnel who will care for the children are capable to care for the children; (c) The applicant has the ability and intent to comply with the licensing law and rules; and (d) The applicant has obtained liability insurance of no less than two million dollars ($2,000,000). (ii) The department shall not issue a temporary license for nontraditional child care agencies that federal law or regulations prohibit the department from licensing until all necessary licensing requirements are met. (B) If the department determines that the conditions of the nontraditional child care agency license applicant's facility, its methods of care, or other circumstances warrant, then the department may issue a restricted license that limits the agency's authority in one (1) or more areas of operation.
(A) (i) Except as provided in subdivision (d)(1)(A)(ii), the department shall issue a temporary license to an applicant for a nontraditional child care agency license that is not the renewal of an existing license if the department determines that the applicant has presented satisfactory evidence that: (a) The facility that is proposed for the care of children: (1) Complies with local and state building, fire, environmental, health, and safety laws and regulations; and (2) Includes separate sleeping quarters for children of different genders; (b) The applicant and the personnel who will care for the children are capable to care for the children; (c) The applicant has the ability and intent to comply with the licensing law and rules; and (d) The applicant has obtained liability insurance of no less than two million dollars ($2,000,000). (ii) The department shall not issue a temporary license for nontraditional child care agencies that federal law or regulations prohibit the department from licensing until all necessary licensing requirements are met.
(i) Except as provided in subdivision (d)(1)(A)(ii), the department shall issue a temporary license to an applicant for a nontraditional child care agency license that is not the renewal of an existing license if the department determines that the applicant has presented satisfactory evidence that: (a) The facility that is proposed for the care of children: (1) Complies with local and state building, fire, environmental, health, and safety laws and regulations; and (2) Includes separate sleeping quarters for children of different genders; (b) The applicant and the personnel who will care for the children are capable to care for the children; (c) The applicant has the ability and intent to comply with the licensing law and rules; and (d) The applicant has obtained liability insurance of no less than two million dollars ($2,000,000).
(a) The facility that is proposed for the care of children: (1) Complies with local and state building, fire, environmental, health, and safety laws and regulations; and (2) Includes separate sleeping quarters for children of different genders;
(1) Complies with local and state building, fire, environmental, health, and safety laws and regulations; and
(2) Includes separate sleeping quarters for children of different genders;
(b) The applicant and the personnel who will care for the children are capable to care for the children;
(c) The applicant has the ability and intent to comply with the licensing law and rules; and
(d) The applicant has obtained liability insurance of no less than two million dollars ($2,000,000).
(ii) The department shall not issue a temporary license for nontraditional child care agencies that federal law or regulations prohibit the department from licensing until all necessary licensing requirements are met.
(B) If the department determines that the conditions of the nontraditional child care agency license applicant's facility, its methods of care, or other circumstances warrant, then the department may issue a restricted license that limits the agency's authority in one (1) or more areas of operation.
(2) The purpose of the temporary license is to permit the nontraditional child care agency license applicant to demonstrate to the department that it has complied with all licensing laws and rules applicable to its classification prior to the issuance of an initial annual license.
(3) Within ninety (90) days of the issuance of the temporary license, the department shall determine if the applicant has complied with all licensing laws and rules governing the nontraditional child care agency for which the application was made.
(4) (A) If the department determines that the applicant has complied with all licensing laws and rules for the nontraditional child care agency for which the application was made, then the department shall issue an annual license. (B) If the department determines that the conditions of the applicant's facility, its methods of care, or other circumstances warrant, then the department may issue a restricted license that limits the agency's authority in one (1) or more areas of operation.
(A) If the department determines that the applicant has complied with all licensing laws and rules for the nontraditional child care agency for which the application was made, then the department shall issue an annual license.
(B) If the department determines that the conditions of the applicant's facility, its methods of care, or other circumstances warrant, then the department may issue a restricted license that limits the agency's authority in one (1) or more areas of operation.
(5) (A) In granting a license, the department may limit the total number of children who may be enrolled in the nontraditional child care agency regardless of whether the agency may have the physical capacity to care for more children. (B) The department shall not approve a license for a nontraditional child care agency to provide care for more than twenty-five (25) children during the license period that must be transported across state lines to enter the agency's care and whose transport across state lines is not subject to the Interstate Compact for Juveniles, compiled in chapter 4, part 1 of this title or the Interstate Compact on the Placement of Children, compiled in chapter 4, part 2 of this title.
(A) In granting a license, the department may limit the total number of children who may be enrolled in the nontraditional child care agency regardless of whether the agency may have the physical capacity to care for more children.
(B) The department shall not approve a license for a nontraditional child care agency to provide care for more than twenty-five (25) children during the license period that must be transported across state lines to enter the agency's care and whose transport across state lines is not subject to the Interstate Compact for Juveniles, compiled in chapter 4, part 1 of this title or the Interstate Compact on the Placement of Children, compiled in chapter 4, part 2 of this title.
(6) The licensee shall post the license in a clearly visible location as determined by the department so that persons visiting the agency can readily view the license.
(7) If the department fails to issue or deny an annual license within ninety (90) days of the granting of the temporary license, then the temporary license remains in effect, unless suspended, as provided in § 37-5-514 , until a determination is made. If an annual license is denied following the issuance of a temporary license, and if a timely appeal is made of the denial of the annual license, then the temporary license remains in effect, unless suspended, until the board of review renders a decision regarding the denial of the annual license.
(8) If a temporary or annual license is denied, or an annual license is restricted, then the applicant may appeal the denial or restriction as provided in § 37-5-514 .
(e) (1) Except as provided in this section, a license for a nontraditional child care agency is not transferable, and the transfer by sale or lease, or other manner, of the operation of the agency to another individual or entity voids the existing license immediately and a pending appeal involving the status of the license, and the agency is required to close immediately. If the transferee has made application for, and is granted, a temporary license, then the agency may continue operation under the direction of the new licensee. The new licensee in such circumstances must not be the transferor or an individual or entity acting on behalf of the transferor. (2) If the department determines that an individual or entity has transferred nominal control of an agency to individuals or entities who are determined by the department to be acting on behalf of the purported transferor in order to circumvent a history of violations of the licensing law or rules or to otherwise attempt to circumvent the licensing law or rules or prior licensing actions instituted by the department, then the department may deny the issuance of a license to the applicant. The applicant may appeal the denial of the license as provided in § 37-5-514 . (3) (A) The department shall not void the license of an agency, nor void a pending appeal, pursuant to this subsection (e) solely for the reason that the agency is subject to judicial orders directing the transfer of control or management of a child care agency or its license to a receiver, trustee, administrator, or executor of an estate, or a similarly situated individual or entity. (B) If the current licensee dies, and provided that no licensing violations require the suspension, denial, or revocation of the agency's license, then the department may grant family members of the licensee, or administrators or executors of the licensee, a temporary license to continue operation for a period of ninety (90) days. At the end of the ninety-day period, the department shall determine whether an annual or extended license should be granted to a new licensee as otherwise provided in this section. (C) This subsection (e) does not prevent the department from taking regulatory or judicial action as may be required pursuant to the licensing laws and rules that may be necessary to protect the children in the care of the agency.
(1) Except as provided in this section, a license for a nontraditional child care agency is not transferable, and the transfer by sale or lease, or other manner, of the operation of the agency to another individual or entity voids the existing license immediately and a pending appeal involving the status of the license, and the agency is required to close immediately. If the transferee has made application for, and is granted, a temporary license, then the agency may continue operation under the direction of the new licensee. The new licensee in such circumstances must not be the transferor or an individual or entity acting on behalf of the transferor.
(2) If the department determines that an individual or entity has transferred nominal control of an agency to individuals or entities who are determined by the department to be acting on behalf of the purported transferor in order to circumvent a history of violations of the licensing law or rules or to otherwise attempt to circumvent the licensing law or rules or prior licensing actions instituted by the department, then the department may deny the issuance of a license to the applicant. The applicant may appeal the denial of the license as provided in § 37-5-514 .
(3) (A) The department shall not void the license of an agency, nor void a pending appeal, pursuant to this subsection (e) solely for the reason that the agency is subject to judicial orders directing the transfer of control or management of a child care agency or its license to a receiver, trustee, administrator, or executor of an estate, or a similarly situated individual or entity. (B) If the current licensee dies, and provided that no licensing violations require the suspension, denial, or revocation of the agency's license, then the department may grant family members of the licensee, or administrators or executors of the licensee, a temporary license to continue operation for a period of ninety (90) days. At the end of the ninety-day period, the department shall determine whether an annual or extended license should be granted to a new licensee as otherwise provided in this section. (C) This subsection (e) does not prevent the department from taking regulatory or judicial action as may be required pursuant to the licensing laws and rules that may be necessary to protect the children in the care of the agency.
(A) The department shall not void the license of an agency, nor void a pending appeal, pursuant to this subsection (e) solely for the reason that the agency is subject to judicial orders directing the transfer of control or management of a child care agency or its license to a receiver, trustee, administrator, or executor of an estate, or a similarly situated individual or entity.
(B) If the current licensee dies, and provided that no licensing violations require the suspension, denial, or revocation of the agency's license, then the department may grant family members of the licensee, or administrators or executors of the licensee, a temporary license to continue operation for a period of ninety (90) days. At the end of the ninety-day period, the department shall determine whether an annual or extended license should be granted to a new licensee as otherwise provided in this section.
(C) This subsection (e) does not prevent the department from taking regulatory or judicial action as may be required pursuant to the licensing laws and rules that may be necessary to protect the children in the care of the agency.
(f) A nontraditional child care agency shall pay an application fee of twenty-five dollars ($25.00). Additionally, the agency shall pay a fee of one hundred dollars ($100) per child that the agency is licensed to care for during the licensure period.
(g) Licensure application and renewal fees collected by the department pursuant to this section must be paid into the general fund, but be earmarked for and dedicated to the department. The department shall use the earmarked fees exclusively to improve child care quality in this state by funding activities that include, but are not limited to, child care provider training activities, but excluding costs associated with conducting criminal background checks.
(h) (1) Notwithstanding title 13, chapter 7 to the contrary, upon adoption of a resolution by two-thirds (2/3) vote of the county legislative body, a zoning authority, in determining the suitability of a request for a use of property for the establishment or alteration of a nontraditional child care agency, may consider the criminal background of the persons or person making the request or the criminal background of the persons or person who will manage or operate the nontraditional child care agency. The authority may require the person to submit a fingerprint sample and a criminal history disclosure form. A criminal history records check conducted under this subdivision (h)(1) must be conducted by the Tennessee bureau of investigation or the federal bureau of investigation, or both, and the results of the check must be forwarded to the authority. (2) The authority shall maintain the confidentiality of all criminal history records information received pursuant to this subsection (h). (3) The zoning authority is responsible for all costs associated with obtaining the criminal background information.
(1) Notwithstanding title 13, chapter 7 to the contrary, upon adoption of a resolution by two-thirds (2/3) vote of the county legislative body, a zoning authority, in determining the suitability of a request for a use of property for the establishment or alteration of a nontraditional child care agency, may consider the criminal background of the persons or person making the request or the criminal background of the persons or person who will manage or operate the nontraditional child care agency. The authority may require the person to submit a fingerprint sample and a criminal history disclosure form. A criminal history records check conducted under this subdivision (h)(1) must be conducted by the Tennessee bureau of investigation or the federal bureau of investigation, or both, and the results of the check must be forwarded to the authority.
(2) The authority shall maintain the confidentiality of all criminal history records information received pursuant to this subsection (h).
(3) The zoning authority is responsible for all costs associated with obtaining the criminal background information.
(i) On or after July 1, 2022, an applicant seeking a license, including renewal of an existing license, must: (1) Demonstrate compliance with the evidentiary requirements in subdivision (d)(1)(A)(i); (2) Provide information regarding other entities operated by the applicant; and (3) Disclose all contracts and agreements, including contract or agreement amendments, with third parties through which the applicant intends to provide placement, housing, or care services for children in this state.
(1) Demonstrate compliance with the evidentiary requirements in subdivision (d)(1)(A)(i);
(2) Provide information regarding other entities operated by the applicant; and
(3) Disclose all contracts and agreements, including contract or agreement amendments, with third parties through which the applicant intends to provide placement, housing, or care services for children in this state.
Added by 2022 Tenn. Acts, ch. 1126, s 6, eff. 7/1/2022.
Tenn. Code Ann. § 37-1-319 — TN Code / Title 37 / Chapter 1 / Section 37-1-319
Delayed appeal - Grounds for granting - Finality of order
Status: in_force

(a) When the judge conducting a hearing pursuant to this part finds that the petitioner was denied the right to an appeal to the circuit court from the judgment of the juvenile court or to an appeal from the judgment of the circuit court in violation of the laws and Constitution of Tennessee or the Constitution of the United States, the judge can grant a delayed appeal to the circuit court or a delayed appeal in the nature of a writ of error from the judgment of the circuit court, whichever is appropriate. (b) Any bill of exceptions filed pursuant to this section may be approved by any judge of the court wherein the petitioner's hearing occurred, irrespective of whether such judge presided over the case at the time of the original hearing. (c) An order granting proceedings for a delayed appeal shall be deemed a final judgment for purposes of the review provided by § 37-1-321 . (d) The judge of the court that committed a juvenile who has sought and obtained relief from that commitment by any procedure in a federal court is likewise empowered to grant the relief provided in this section. Acts 1978, ch. 750, § 19; T.C.A., § 37-1719.
(a) When the judge conducting a hearing pursuant to this part finds that the petitioner was denied the right to an appeal to the circuit court from the judgment of the juvenile court or to an appeal from the judgment of the circuit court in violation of the laws and Constitution of Tennessee or the Constitution of the United States, the judge can grant a delayed appeal to the circuit court or a delayed appeal in the nature of a writ of error from the judgment of the circuit court, whichever is appropriate.
(b) Any bill of exceptions filed pursuant to this section may be approved by any judge of the court wherein the petitioner's hearing occurred, irrespective of whether such judge presided over the case at the time of the original hearing.
(c) An order granting proceedings for a delayed appeal shall be deemed a final judgment for purposes of the review provided by § 37-1-321 .
(d) The judge of the court that committed a juvenile who has sought and obtained relief from that commitment by any procedure in a federal court is likewise empowered to grant the relief provided in this section.
Acts 1978, ch. 750, § 19; T.C.A., § 37-1719.
Tenn. Code Ann. § 37-5-123 — TN Code / Title 37 / Chapter 5 / Section 37-5-123
Notification of release of juvenile offender
Status: in_force

(a) (1) The department of children's services shall provide or contract with a private entity to provide to members of the public who have made a notification request, notification of the release of a juvenile adjudicated to have committed a delinquent act that would constitute a felony if committed by an adult from a facility operated by or under contract with the department to home placement as defined in § 37-1-102 [See compiler's note]. The chief administrator, or a person designated by the chief administrator, of a facility operated under contract with the department shall make available to the department, or any private entity under contract with the department, the information necessary to implement this section in a timely manner. The department, or the private entity under contract with the department, shall be responsible for retrieving the information and notifying the requester in accordance with regulations promulgated by the department. (2) The department may refuse the notification request of a person if, on a case by case basis, it finds that notification of release is not in the best interests of the juvenile being released and that such notification may result in harm to the juvenile. (b) The department shall promulgate rules in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement the provisions of this section. (c) Notwithstanding §§ 37-1-145 , 37-1-155 or 37-5-107 to the contrary, this section shall require the release of information relating to juveniles who have been adjudicated to have committed a delinquent act that would constitute a felony if committed by an adult. The release of information shall be limited to the extent necessary to comply with the provisions of this section. Acts 1998, ch. 968, § 2.
(a) (1) The department of children's services shall provide or contract with a private entity to provide to members of the public who have made a notification request, notification of the release of a juvenile adjudicated to have committed a delinquent act that would constitute a felony if committed by an adult from a facility operated by or under contract with the department to home placement as defined in § 37-1-102 [See compiler's note]. The chief administrator, or a person designated by the chief administrator, of a facility operated under contract with the department shall make available to the department, or any private entity under contract with the department, the information necessary to implement this section in a timely manner. The department, or the private entity under contract with the department, shall be responsible for retrieving the information and notifying the requester in accordance with regulations promulgated by the department. (2) The department may refuse the notification request of a person if, on a case by case basis, it finds that notification of release is not in the best interests of the juvenile being released and that such notification may result in harm to the juvenile.
(1) The department of children's services shall provide or contract with a private entity to provide to members of the public who have made a notification request, notification of the release of a juvenile adjudicated to have committed a delinquent act that would constitute a felony if committed by an adult from a facility operated by or under contract with the department to home placement as defined in § 37-1-102 [See compiler's note]. The chief administrator, or a person designated by the chief administrator, of a facility operated under contract with the department shall make available to the department, or any private entity under contract with the department, the information necessary to implement this section in a timely manner. The department, or the private entity under contract with the department, shall be responsible for retrieving the information and notifying the requester in accordance with regulations promulgated by the department.
(2) The department may refuse the notification request of a person if, on a case by case basis, it finds that notification of release is not in the best interests of the juvenile being released and that such notification may result in harm to the juvenile.
(b) The department shall promulgate rules in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement the provisions of this section.
(c) Notwithstanding §§ 37-1-145 , 37-1-155 or 37-5-107 to the contrary, this section shall require the release of information relating to juveniles who have been adjudicated to have committed a delinquent act that would constitute a felony if committed by an adult. The release of information shall be limited to the extent necessary to comply with the provisions of this section.
Acts 1998, ch. 968, § 2.
Tenn. Code Ann. § 37-5-510 — TN Code / Title 37 / Chapter 5 / Section 37-5-510
Public agencies - Inspection and report
Status: in_force

(a) Any child care agency, as defined in § 37-5-501 , that is under the direct management of an administrative department of the state, a county, or a municipality, or any combination of these three (3), shall not be subject to licensure, but shall meet the minimum standards for programs and care as required of such child care agencies. (b) (1) The commissioner, through the commissioner's authorized representative, shall make periodic inspections of such publicly administered child care agencies. (2) The report of such inspections and recommendations shall be made in writing to the executive head of the publicly administered child care agency, the board of directors, if any, and the division of the state, county or municipal government that has the duty under the law to operate such agency. (c) It is the duty of the department to cooperate with the publicly administered agencies herein referred to, to implement recommended changes in program and policies. (d) If, within a reasonable time, such standards and recommendations are not met, it shall be the duty of the commissioner to make public in the community in which this agency is located, the report of the above-mentioned inspection. (e) (1) If violations of the standards for child care agencies are found and are not corrected within a reasonable time, or, if serious violations are found that meet the requirements that would justify the suspension of a child care agency's license pursuant to § 4-5-320 , the department may file a complaint in the chancery court of the county in which the child care agency is located. (2) The chancery court shall have jurisdiction to hear the complaint and to enter any orders or injunctive relief necessary to ensure the correction of such violations or to suspend the operations of the facility for the protection of the children who are in the care of the child care agency. Acts 2000, ch. 981, § 28.
(a) Any child care agency, as defined in § 37-5-501 , that is under the direct management of an administrative department of the state, a county, or a municipality, or any combination of these three (3), shall not be subject to licensure, but shall meet the minimum standards for programs and care as required of such child care agencies.
(b) (1) The commissioner, through the commissioner's authorized representative, shall make periodic inspections of such publicly administered child care agencies. (2) The report of such inspections and recommendations shall be made in writing to the executive head of the publicly administered child care agency, the board of directors, if any, and the division of the state, county or municipal government that has the duty under the law to operate such agency.
(1) The commissioner, through the commissioner's authorized representative, shall make periodic inspections of such publicly administered child care agencies.
(2) The report of such inspections and recommendations shall be made in writing to the executive head of the publicly administered child care agency, the board of directors, if any, and the division of the state, county or municipal government that has the duty under the law to operate such agency.
(c) It is the duty of the department to cooperate with the publicly administered agencies herein referred to, to implement recommended changes in program and policies.
(d) If, within a reasonable time, such standards and recommendations are not met, it shall be the duty of the commissioner to make public in the community in which this agency is located, the report of the above-mentioned inspection.
(e) (1) If violations of the standards for child care agencies are found and are not corrected within a reasonable time, or, if serious violations are found that meet the requirements that would justify the suspension of a child care agency's license pursuant to § 4-5-320 , the department may file a complaint in the chancery court of the county in which the child care agency is located. (2) The chancery court shall have jurisdiction to hear the complaint and to enter any orders or injunctive relief necessary to ensure the correction of such violations or to suspend the operations of the facility for the protection of the children who are in the care of the child care agency.
(1) If violations of the standards for child care agencies are found and are not corrected within a reasonable time, or, if serious violations are found that meet the requirements that would justify the suspension of a child care agency's license pursuant to § 4-5-320 , the department may file a complaint in the chancery court of the county in which the child care agency is located.
(2) The chancery court shall have jurisdiction to hear the complaint and to enter any orders or injunctive relief necessary to ensure the correction of such violations or to suspend the operations of the facility for the protection of the children who are in the care of the child care agency.
Acts 2000, ch. 981, § 28.
Tenn. Code Ann. § 37-5-512 — TN Code / Title 37 / Chapter 5 / Section 37-5-512
Abuse, neglect, or sexual abuse
Status: in_force

(a) (1) Notwithstanding § 71-3-503 or § 37-5-503 , the department has the authority and responsibility to fully investigate, in accordance with the provisions of chapter 1, parts 1, 4 and 6 of this title, any allegation of abuse, neglect or sexual abuse that it receives regarding any child or children in the care of, or subject to the supervision, instruction or treatment of, any public or private entity or any person, whether or not such entity or person is subject to licensure or approval pursuant to this part or title 71, chapter 3, part 5, or title 49, chapter 1, part 11. (2) The departments of education and human services shall immediately report all allegations of abuse or neglect in any child care agency or child care program that they may license, approve, or certify to the department of children's services for investigation and shall cooperate with the department of children's services in any investigations of abuse or neglect involving any such agency or program. If the department of children's services receives a report of abuse or neglect in any child care program certified by the department of education or a child care agency licensed by the department of human services, it shall immediately notify the appropriate department of its investigation. (3) (A) The departments of children's services, education and human services shall utilize any information obtained in the course of such investigations in the determination of whether appropriate care is being provided to children who may be in the care of any child care agency or child care program that the departments of children's services, education or human services license, approve or certify. (B) For purposes related to that determination and any appropriate licensing or approval action, the departments of education and human services shall be permitted access to the department of children's services' records; provided, that any information contained in any record of the departments of education or human services, or records relating to the investigation of the report of harm by the department of children's services shall be confidential and shall be released: (i) Only in the proceedings concerning any certification, licensing or approval action or injunctive action by the department of education or human services permitted by title 49, chapter 1, part 11, or title 71, chapter 3, part 5; (ii) As otherwise permitted by the restrictions and conditions for the release of confidential records of the department of children's services pursuant to title 4 and chapter 1, part 4 or 6 of this title; (iii) As otherwise permitted by the department of children's services' regulations concerning procedures for release of information of validated perpetrators of child abuse; or (iv) Notwithstanding any other law to the contrary, including any provisions related to expunction of records under title 40, the limited release of confidential records pursuant to this section shall not alter the confidential character of such records, which shall be maintained, as necessary, to protect children. (C) For purposes of this subdivision (a)(3), the rules of the department of children's services concerning release procedures for due process purposes shall apply to the release procedures of the departments of education and human services regarding perpetrators of child abuse validated by the department of children's services. Nothing herein shall be construed to permit the release of the name or identifying information of any person reporting child abuse or neglect under chapter 1, part 4 or 6 of this title. (4) In the conduct of such investigations involving the alleged abuse or neglect of any child or in the evaluation of the appropriateness of any child care program or child care agency or the appropriateness of the care provided by any person, the departments of children's services, education and human services shall be granted access to the records of children in the care of the person or entity and to all personnel files of the director and employees of the person or entity and to all records of the person or entity. They shall be allowed to inspect all the premises in which children are kept or cared for and shall be allowed to interview any and all children in the care of such person or entity if the departments of children's services, education or human services determine that it is necessary to do so. (b) If admission to the places, facilities or homes of the entities or persons involved in the care, supervision, instruction or treatment of the child is denied or delayed for any reason, the chancery, circuit or juvenile court of the county where the entity or person is located shall, upon cause shown by the department of children's services in investigations of abuse or neglect or sexual abuse involving any person or entity or in any of its licensing or approval activities, or upon cause shown by the departments of education or human services in any certification, licensing or approval activities, immediately, by ex parte order, direct the persons in charge of such places, facilities or any persons having responsibility for the care, supervision, instruction or treatment, of the child or children to allow entrance for the review of records, inspection of the premises, and to permit any interviews with or examinations of the children as permitted pursuant to chapter 1 of this title, title 49, chapter 1, part 11, or title 71, chapter 3, part 5. (c) (1) If the departments of children's services, education or human services determine at any time that any person employed or associated in any manner with any person or entity, or any person providing care, supervision, instruction or treatment, of children has, at any time, abused, neglected or sexually abused a child, the department with certification, licensing or approval authority may take certificate or licensing action to prevent any child care program or child care agency certified, licensed or approved by it from continuing to provide care for children if such program or agency fails or refuses to take appropriate or timely action to prevent future abuse, neglect or sexual abuse by that person. (2) If the entity or person is subject to certification by the department of education pursuant to title 49, chapter 1, part 11, or is subject to licensure or approval by the department of human services pursuant to title 71, chapter 3, part 5, those departments may, in addition to any certificate, licensing or approval action, bring an action in the chancery, circuit or juvenile court of the county where the abuse, neglect or sexual abuse occurred or where the person resides to enjoin the entity found to have failed to protect the child or children from abuse, neglect or sexual abuse or the person who, at anytime, abused, neglected or sexually abused a child or children, from continuing currently, or in the future, to provide care, supervision, instruction or treatment for children on a full-time or part-time basis, or to enjoin the person who perpetrated the abuse or neglect from being associated in any manner with any entities or persons providing care, supervision, instruction or treatment for children. (3) If the department of children's services determines at any time that any person employed or associated in any manner with an entity or person, or any person individually, providing care, supervision, instruction or treatment of children, has at any time abused, neglected or sexually abused a child, the department may bring an action for injunctive relief as permitted by subdivision (c)(2), whether or not the entity or person is subject to certification, licensure or approval by the departments of children's services, education or human services. (4) In order to facilitate the protection of children, the departments of children's services, education and human services are specifically authorized to enter into inter-agency agreements for cooperative arrangements in any investigations or litigation authorized by this part. Acts 2000, ch. 981, § 30.
(a) (1) Notwithstanding § 71-3-503 or § 37-5-503 , the department has the authority and responsibility to fully investigate, in accordance with the provisions of chapter 1, parts 1, 4 and 6 of this title, any allegation of abuse, neglect or sexual abuse that it receives regarding any child or children in the care of, or subject to the supervision, instruction or treatment of, any public or private entity or any person, whether or not such entity or person is subject to licensure or approval pursuant to this part or title 71, chapter 3, part 5, or title 49, chapter 1, part 11. (2) The departments of education and human services shall immediately report all allegations of abuse or neglect in any child care agency or child care program that they may license, approve, or certify to the department of children's services for investigation and shall cooperate with the department of children's services in any investigations of abuse or neglect involving any such agency or program. If the department of children's services receives a report of abuse or neglect in any child care program certified by the department of education or a child care agency licensed by the department of human services, it shall immediately notify the appropriate department of its investigation. (3) (A) The departments of children's services, education and human services shall utilize any information obtained in the course of such investigations in the determination of whether appropriate care is being provided to children who may be in the care of any child care agency or child care program that the departments of children's services, education or human services license, approve or certify. (B) For purposes related to that determination and any appropriate licensing or approval action, the departments of education and human services shall be permitted access to the department of children's services' records; provided, that any information contained in any record of the departments of education or human services, or records relating to the investigation of the report of harm by the department of children's services shall be confidential and shall be released: (i) Only in the proceedings concerning any certification, licensing or approval action or injunctive action by the department of education or human services permitted by title 49, chapter 1, part 11, or title 71, chapter 3, part 5; (ii) As otherwise permitted by the restrictions and conditions for the release of confidential records of the department of children's services pursuant to title 4 and chapter 1, part 4 or 6 of this title; (iii) As otherwise permitted by the department of children's services' regulations concerning procedures for release of information of validated perpetrators of child abuse; or (iv) Notwithstanding any other law to the contrary, including any provisions related to expunction of records under title 40, the limited release of confidential records pursuant to this section shall not alter the confidential character of such records, which shall be maintained, as necessary, to protect children. (C) For purposes of this subdivision (a)(3), the rules of the department of children's services concerning release procedures for due process purposes shall apply to the release procedures of the departments of education and human services regarding perpetrators of child abuse validated by the department of children's services. Nothing herein shall be construed to permit the release of the name or identifying information of any person reporting child abuse or neglect under chapter 1, part 4 or 6 of this title. (4) In the conduct of such investigations involving the alleged abuse or neglect of any child or in the evaluation of the appropriateness of any child care program or child care agency or the appropriateness of the care provided by any person, the departments of children's services, education and human services shall be granted access to the records of children in the care of the person or entity and to all personnel files of the director and employees of the person or entity and to all records of the person or entity. They shall be allowed to inspect all the premises in which children are kept or cared for and shall be allowed to interview any and all children in the care of such person or entity if the departments of children's services, education or human services determine that it is necessary to do so.
(1) Notwithstanding § 71-3-503 or § 37-5-503 , the department has the authority and responsibility to fully investigate, in accordance with the provisions of chapter 1, parts 1, 4 and 6 of this title, any allegation of abuse, neglect or sexual abuse that it receives regarding any child or children in the care of, or subject to the supervision, instruction or treatment of, any public or private entity or any person, whether or not such entity or person is subject to licensure or approval pursuant to this part or title 71, chapter 3, part 5, or title 49, chapter 1, part 11.
(2) The departments of education and human services shall immediately report all allegations of abuse or neglect in any child care agency or child care program that they may license, approve, or certify to the department of children's services for investigation and shall cooperate with the department of children's services in any investigations of abuse or neglect involving any such agency or program. If the department of children's services receives a report of abuse or neglect in any child care program certified by the department of education or a child care agency licensed by the department of human services, it shall immediately notify the appropriate department of its investigation.
(3) (A) The departments of children's services, education and human services shall utilize any information obtained in the course of such investigations in the determination of whether appropriate care is being provided to children who may be in the care of any child care agency or child care program that the departments of children's services, education or human services license, approve or certify. (B) For purposes related to that determination and any appropriate licensing or approval action, the departments of education and human services shall be permitted access to the department of children's services' records; provided, that any information contained in any record of the departments of education or human services, or records relating to the investigation of the report of harm by the department of children's services shall be confidential and shall be released: (i) Only in the proceedings concerning any certification, licensing or approval action or injunctive action by the department of education or human services permitted by title 49, chapter 1, part 11, or title 71, chapter 3, part 5; (ii) As otherwise permitted by the restrictions and conditions for the release of confidential records of the department of children's services pursuant to title 4 and chapter 1, part 4 or 6 of this title; (iii) As otherwise permitted by the department of children's services' regulations concerning procedures for release of information of validated perpetrators of child abuse; or (iv) Notwithstanding any other law to the contrary, including any provisions related to expunction of records under title 40, the limited release of confidential records pursuant to this section shall not alter the confidential character of such records, which shall be maintained, as necessary, to protect children. (C) For purposes of this subdivision (a)(3), the rules of the department of children's services concerning release procedures for due process purposes shall apply to the release procedures of the departments of education and human services regarding perpetrators of child abuse validated by the department of children's services. Nothing herein shall be construed to permit the release of the name or identifying information of any person reporting child abuse or neglect under chapter 1, part 4 or 6 of this title.
(A) The departments of children's services, education and human services shall utilize any information obtained in the course of such investigations in the determination of whether appropriate care is being provided to children who may be in the care of any child care agency or child care program that the departments of children's services, education or human services license, approve or certify.
(B) For purposes related to that determination and any appropriate licensing or approval action, the departments of education and human services shall be permitted access to the department of children's services' records; provided, that any information contained in any record of the departments of education or human services, or records relating to the investigation of the report of harm by the department of children's services shall be confidential and shall be released: (i) Only in the proceedings concerning any certification, licensing or approval action or injunctive action by the department of education or human services permitted by title 49, chapter 1, part 11, or title 71, chapter 3, part 5; (ii) As otherwise permitted by the restrictions and conditions for the release of confidential records of the department of children's services pursuant to title 4 and chapter 1, part 4 or 6 of this title; (iii) As otherwise permitted by the department of children's services' regulations concerning procedures for release of information of validated perpetrators of child abuse; or (iv) Notwithstanding any other law to the contrary, including any provisions related to expunction of records under title 40, the limited release of confidential records pursuant to this section shall not alter the confidential character of such records, which shall be maintained, as necessary, to protect children.
(i) Only in the proceedings concerning any certification, licensing or approval action or injunctive action by the department of education or human services permitted by title 49, chapter 1, part 11, or title 71, chapter 3, part 5;
(ii) As otherwise permitted by the restrictions and conditions for the release of confidential records of the department of children's services pursuant to title 4 and chapter 1, part 4 or 6 of this title;
(iii) As otherwise permitted by the department of children's services' regulations concerning procedures for release of information of validated perpetrators of child abuse; or
(iv) Notwithstanding any other law to the contrary, including any provisions related to expunction of records under title 40, the limited release of confidential records pursuant to this section shall not alter the confidential character of such records, which shall be maintained, as necessary, to protect children.
(C) For purposes of this subdivision (a)(3), the rules of the department of children's services concerning release procedures for due process purposes shall apply to the release procedures of the departments of education and human services regarding perpetrators of child abuse validated by the department of children's services. Nothing herein shall be construed to permit the release of the name or identifying information of any person reporting child abuse or neglect under chapter 1, part 4 or 6 of this title.
(4) In the conduct of such investigations involving the alleged abuse or neglect of any child or in the evaluation of the appropriateness of any child care program or child care agency or the appropriateness of the care provided by any person, the departments of children's services, education and human services shall be granted access to the records of children in the care of the person or entity and to all personnel files of the director and employees of the person or entity and to all records of the person or entity. They shall be allowed to inspect all the premises in which children are kept or cared for and shall be allowed to interview any and all children in the care of such person or entity if the departments of children's services, education or human services determine that it is necessary to do so.
(b) If admission to the places, facilities or homes of the entities or persons involved in the care, supervision, instruction or treatment of the child is denied or delayed for any reason, the chancery, circuit or juvenile court of the county where the entity or person is located shall, upon cause shown by the department of children's services in investigations of abuse or neglect or sexual abuse involving any person or entity or in any of its licensing or approval activities, or upon cause shown by the departments of education or human services in any certification, licensing or approval activities, immediately, by ex parte order, direct the persons in charge of such places, facilities or any persons having responsibility for the care, supervision, instruction or treatment, of the child or children to allow entrance for the review of records, inspection of the premises, and to permit any interviews with or examinations of the children as permitted pursuant to chapter 1 of this title, title 49, chapter 1, part 11, or title 71, chapter 3, part 5.
(c) (1) If the departments of children's services, education or human services determine at any time that any person employed or associated in any manner with any person or entity, or any person providing care, supervision, instruction or treatment, of children has, at any time, abused, neglected or sexually abused a child, the department with certification, licensing or approval authority may take certificate or licensing action to prevent any child care program or child care agency certified, licensed or approved by it from continuing to provide care for children if such program or agency fails or refuses to take appropriate or timely action to prevent future abuse, neglect or sexual abuse by that person. (2) If the entity or person is subject to certification by the department of education pursuant to title 49, chapter 1, part 11, or is subject to licensure or approval by the department of human services pursuant to title 71, chapter 3, part 5, those departments may, in addition to any certificate, licensing or approval action, bring an action in the chancery, circuit or juvenile court of the county where the abuse, neglect or sexual abuse occurred or where the person resides to enjoin the entity found to have failed to protect the child or children from abuse, neglect or sexual abuse or the person who, at anytime, abused, neglected or sexually abused a child or children, from continuing currently, or in the future, to provide care, supervision, instruction or treatment for children on a full-time or part-time basis, or to enjoin the person who perpetrated the abuse or neglect from being associated in any manner with any entities or persons providing care, supervision, instruction or treatment for children. (3) If the department of children's services determines at any time that any person employed or associated in any manner with an entity or person, or any person individually, providing care, supervision, instruction or treatment of children, has at any time abused, neglected or sexually abused a child, the department may bring an action for injunctive relief as permitted by subdivision (c)(2), whether or not the entity or person is subject to certification, licensure or approval by the departments of children's services, education or human services. (4) In order to facilitate the protection of children, the departments of children's services, education and human services are specifically authorized to enter into inter-agency agreements for cooperative arrangements in any investigations or litigation authorized by this part.
(1) If the departments of children's services, education or human services determine at any time that any person employed or associated in any manner with any person or entity, or any person providing care, supervision, instruction or treatment, of children has, at any time, abused, neglected or sexually abused a child, the department with certification, licensing or approval authority may take certificate or licensing action to prevent any child care program or child care agency certified, licensed or approved by it from continuing to provide care for children if such program or agency fails or refuses to take appropriate or timely action to prevent future abuse, neglect or sexual abuse by that person.
(2) If the entity or person is subject to certification by the department of education pursuant to title 49, chapter 1, part 11, or is subject to licensure or approval by the department of human services pursuant to title 71, chapter 3, part 5, those departments may, in addition to any certificate, licensing or approval action, bring an action in the chancery, circuit or juvenile court of the county where the abuse, neglect or sexual abuse occurred or where the person resides to enjoin the entity found to have failed to protect the child or children from abuse, neglect or sexual abuse or the person who, at anytime, abused, neglected or sexually abused a child or children, from continuing currently, or in the future, to provide care, supervision, instruction or treatment for children on a full-time or part-time basis, or to enjoin the person who perpetrated the abuse or neglect from being associated in any manner with any entities or persons providing care, supervision, instruction or treatment for children.
(3) If the department of children's services determines at any time that any person employed or associated in any manner with an entity or person, or any person individually, providing care, supervision, instruction or treatment of children, has at any time abused, neglected or sexually abused a child, the department may bring an action for injunctive relief as permitted by subdivision (c)(2), whether or not the entity or person is subject to certification, licensure or approval by the departments of children's services, education or human services.
(4) In order to facilitate the protection of children, the departments of children's services, education and human services are specifically authorized to enter into inter-agency agreements for cooperative arrangements in any investigations or litigation authorized by this part.
Acts 2000, ch. 981, § 30.
Tenn. Code Ann. § 37-10-207 — TN Code / Title 37 / Chapter 10 / Section 37-10-207
Children's fingerprint card file
Status: in_force

The Tennessee bureau of investigation shall maintain a separate fingerprint card file for "Children", which shall consist of the "children" fingerprint cards submitted to it pursuant to § 37-10-206 , together with any latent prints believed to be children's prints that have been submitted to it for purposes of identifying missing children. Once each year the bureau shall remove and return to the parent or destroy all fingerprint cards from the children's fingerprint file for children who have become eighteen (18) years of age, unless the child has been reported missing or the child requests in writing that such child's fingerprint remain in the file. Also, the bureau shall destroy any child's fingerprint card upon written request of the parent. The bureau is also authorized to receive "children" fingerprint cards or copies thereof from the federal bureau of investigation when the prints may have been sent directly to the bureau without having also been sent to the Tennessee bureau of investigation as herein provided. The bureau shall not file any of the children's fingerprints authorized herein in any other fingerprint card file. The bureau shall only search the children's fingerprint card file for the purpose of trying to locate or identify children who have been reported as missing children, and the file shall never be searched for the purpose of identifying a child as having committed a crime unless the parent so requests in writing. Acts 1985, ch. 158, § 7.
The Tennessee bureau of investigation shall maintain a separate fingerprint card file for "Children", which shall consist of the "children" fingerprint cards submitted to it pursuant to § 37-10-206 , together with any latent prints believed to be children's prints that have been submitted to it for purposes of identifying missing children. Once each year the bureau shall remove and return to the parent or destroy all fingerprint cards from the children's fingerprint file for children who have become eighteen (18) years of age, unless the child has been reported missing or the child requests in writing that such child's fingerprint remain in the file. Also, the bureau shall destroy any child's fingerprint card upon written request of the parent. The bureau is also authorized to receive "children" fingerprint cards or copies thereof from the federal bureau of investigation when the prints may have been sent directly to the bureau without having also been sent to the Tennessee bureau of investigation as herein provided. The bureau shall not file any of the children's fingerprints authorized herein in any other fingerprint card file. The bureau shall only search the children's fingerprint card file for the purpose of trying to locate or identify children who have been reported as missing children, and the file shall never be searched for the purpose of identifying a child as having committed a crime unless the parent so requests in writing.
Acts 1985, ch. 158, § 7.
Tenn. Code Ann. § 37-1-110 — TN Code / Title 37 / Chapter 1 / Section 37-1-110
Informal adjustment without adjudication - Pretrial diversion - No admission required
Status: in_force

(a) (1) Before or after a petition is filed, a designated court officer may informally resolve a complaint containing delinquent or unruly allegations without adjudication by giving counsel and advice to the child if such informal resolution would be in the best interest of the public and the child, and the child and the child's parents, guardian, or other custodian consent to the informal adjustment with knowledge that consent is not obligatory. The informal adjustment shall not extend beyond three (3) months from the day commenced, unless extended by the court for an additional period not to exceed a total of six (6) months, and does not authorize the attachment or detention of the child if not otherwise permitted by this part. (2) If the child and the victim agree to restitution, restitution may be paid independently of informal adjustment; however, financial obligations shall not be assessed or collected against a child as part of an informal adjustment pursuant to this section. (b) (1) After a petition has been filed and a designated court officer determines that an unruly or delinquent case is an appropriate case for diversion from adjudication, the parties may agree to pretrial diversion that suspends the proceedings and places the child under supervision on terms and conditions agreeable to the designated court officer and approved by the court. A child may not be placed on pretrial diversion if the delinquent act alleged is an offense described in § 37-1-153(b) . (2) A pretrial diversion agreement shall remain in force for a maximum of six (6) months unless the child is discharged sooner by the court. Upon application of any party to the proceedings, made before expiration of the six-month period and after notice and a hearing, pretrial diversion may be extended by the court for an additional six (6) months. (3) If, prior to discharge by the court or expiration of the pretrial diversion period, the child fails to fulfill the terms and conditions of the pretrial diversion agreement, the original petition may be reinstated and the case may proceed to adjudication just as if the agreement had never been entered. (4) Attachment and detention of a child are not authorized for the violation of a pretrial diversion agreement unless otherwise permitted by this part. (c) The petition shall be dismissed with prejudice once a child completes an informal adjustment pursuant to subsection (a) or pretrial diversion pursuant to subsection (b) without reinstatement of the original delinquent or unruly petition. (d) No admission shall be required as part of informal adjustment or pretrial diversion, and any statements made by the child during the preliminary inquiry, informal adjustment pursuant to subsection (a), or pretrial diversion pursuant to subsection (b) are not admissible prior to a dispositional hearing. Amended by 2019 Tenn. Acts, ch. 312,Secs.s2, s3 eff. 5/8/2019. Amended by 2018 Tenn. Acts, ch. 1052,s 11, eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 1052,s 10, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 600,s 2, eff. 7/1/2016. Acts 1970, ch. 600, § 10; 1981, ch. 113, § 1; T.C.A., § 37-210.
(a) (1) Before or after a petition is filed, a designated court officer may informally resolve a complaint containing delinquent or unruly allegations without adjudication by giving counsel and advice to the child if such informal resolution would be in the best interest of the public and the child, and the child and the child's parents, guardian, or other custodian consent to the informal adjustment with knowledge that consent is not obligatory. The informal adjustment shall not extend beyond three (3) months from the day commenced, unless extended by the court for an additional period not to exceed a total of six (6) months, and does not authorize the attachment or detention of the child if not otherwise permitted by this part. (2) If the child and the victim agree to restitution, restitution may be paid independently of informal adjustment; however, financial obligations shall not be assessed or collected against a child as part of an informal adjustment pursuant to this section.
(1) Before or after a petition is filed, a designated court officer may informally resolve a complaint containing delinquent or unruly allegations without adjudication by giving counsel and advice to the child if such informal resolution would be in the best interest of the public and the child, and the child and the child's parents, guardian, or other custodian consent to the informal adjustment with knowledge that consent is not obligatory. The informal adjustment shall not extend beyond three (3) months from the day commenced, unless extended by the court for an additional period not to exceed a total of six (6) months, and does not authorize the attachment or detention of the child if not otherwise permitted by this part.
(2) If the child and the victim agree to restitution, restitution may be paid independently of informal adjustment; however, financial obligations shall not be assessed or collected against a child as part of an informal adjustment pursuant to this section.
(b) (1) After a petition has been filed and a designated court officer determines that an unruly or delinquent case is an appropriate case for diversion from adjudication, the parties may agree to pretrial diversion that suspends the proceedings and places the child under supervision on terms and conditions agreeable to the designated court officer and approved by the court. A child may not be placed on pretrial diversion if the delinquent act alleged is an offense described in § 37-1-153(b) . (2) A pretrial diversion agreement shall remain in force for a maximum of six (6) months unless the child is discharged sooner by the court. Upon application of any party to the proceedings, made before expiration of the six-month period and after notice and a hearing, pretrial diversion may be extended by the court for an additional six (6) months. (3) If, prior to discharge by the court or expiration of the pretrial diversion period, the child fails to fulfill the terms and conditions of the pretrial diversion agreement, the original petition may be reinstated and the case may proceed to adjudication just as if the agreement had never been entered. (4) Attachment and detention of a child are not authorized for the violation of a pretrial diversion agreement unless otherwise permitted by this part.
(1) After a petition has been filed and a designated court officer determines that an unruly or delinquent case is an appropriate case for diversion from adjudication, the parties may agree to pretrial diversion that suspends the proceedings and places the child under supervision on terms and conditions agreeable to the designated court officer and approved by the court. A child may not be placed on pretrial diversion if the delinquent act alleged is an offense described in § 37-1-153(b) .
(2) A pretrial diversion agreement shall remain in force for a maximum of six (6) months unless the child is discharged sooner by the court. Upon application of any party to the proceedings, made before expiration of the six-month period and after notice and a hearing, pretrial diversion may be extended by the court for an additional six (6) months.
(3) If, prior to discharge by the court or expiration of the pretrial diversion period, the child fails to fulfill the terms and conditions of the pretrial diversion agreement, the original petition may be reinstated and the case may proceed to adjudication just as if the agreement had never been entered.
(4) Attachment and detention of a child are not authorized for the violation of a pretrial diversion agreement unless otherwise permitted by this part.
(c) The petition shall be dismissed with prejudice once a child completes an informal adjustment pursuant to subsection (a) or pretrial diversion pursuant to subsection (b) without reinstatement of the original delinquent or unruly petition.
(d) No admission shall be required as part of informal adjustment or pretrial diversion, and any statements made by the child during the preliminary inquiry, informal adjustment pursuant to subsection (a), or pretrial diversion pursuant to subsection (b) are not admissible prior to a dispositional hearing.
Amended by 2019 Tenn. Acts, ch. 312,Secs.s2, s3 eff. 5/8/2019.
Amended by 2018 Tenn. Acts, ch. 1052,s 11, eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 1052,s 10, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 600,s 2, eff. 7/1/2016.
Acts 1970, ch. 600, § 10; 1981, ch. 113, § 1; T.C.A., § 37-210.
Tenn. Code Ann. § 37-5-204 — TN Code / Title 37 / Chapter 5 / Section 37-5-204
Education - Character development - Work programs
Status: in_force

(a) The superintendents of such centers shall have the authority, subject to the approval of the commissioner of children's services, to introduce any branch of educational pursuit that they may deem to be in the best interest of the children, and they shall use their utmost efforts for the moral, physical and mental development of the children, so that they may be molded into good men and women and useful citizens. (b) Any superintendent may, subject to the approval of the commissioner, establish a work opportunity program for children sixteen (16) years of age or older. (c) The superintendent shall, before any child is permitted to take employment, ensure that the prospective employment meets all requirements of the department of labor and workforce development pertaining to the employment of children. (d) The superintendent will ascertain the availability of transportation to and from the place of work and the cooperation of the employer or supervisors with supervision requirements. Hours of release for involvement of the work opportunity program will be the responsibility of the superintendent in keeping with departmental consideration for the good of the child and the welfare of the department. (e) All moneys earned by the child in the work opportunity program shall be posted to the child's trust fund account. Expenditures under this program from the child's earnings should be limited to transportation, special clothing, tools or lunch and other casual expenses with the approval of the superintendent. Acts 1955, ch. 127, § 4; impl. am. Acts 1955, ch. 102, § 1; 1973, ch. 18, § 1; T.C.A., § 41-830; Acts 1989, ch. 278, §§ 54, 60; T.C.A., § 41-5-108; Acts 1996, ch. 1079, § 137; 1999, ch. 520, § 37.
(a) The superintendents of such centers shall have the authority, subject to the approval of the commissioner of children's services, to introduce any branch of educational pursuit that they may deem to be in the best interest of the children, and they shall use their utmost efforts for the moral, physical and mental development of the children, so that they may be molded into good men and women and useful citizens.
(b) Any superintendent may, subject to the approval of the commissioner, establish a work opportunity program for children sixteen (16) years of age or older.
(c) The superintendent shall, before any child is permitted to take employment, ensure that the prospective employment meets all requirements of the department of labor and workforce development pertaining to the employment of children.
(d) The superintendent will ascertain the availability of transportation to and from the place of work and the cooperation of the employer or supervisors with supervision requirements. Hours of release for involvement of the work opportunity program will be the responsibility of the superintendent in keeping with departmental consideration for the good of the child and the welfare of the department.
(e) All moneys earned by the child in the work opportunity program shall be posted to the child's trust fund account. Expenditures under this program from the child's earnings should be limited to transportation, special clothing, tools or lunch and other casual expenses with the approval of the superintendent.
Acts 1955, ch. 127, § 4; impl. am. Acts 1955, ch. 102, § 1; 1973, ch. 18, § 1; T.C.A., § 41-830; Acts 1989, ch. 278, §§ 54, 60; T.C.A., § 41-5-108; Acts 1996, ch. 1079, § 137; 1999, ch. 520, § 37.
Tenn. Code Ann. § 37-1-413 — TN Code / Title 37 / Chapter 1 / Section 37-1-413
False reporting of child sexual abuse or false accusation that a child has sustained any wound, injury, disability or physical or mental condition caused by brutality, abuse or neglect - Penalty
Status: in_force

Any person who either verbally or by written or printed communication knowingly and maliciously reports, or causes, encourages, aids, counsels or procures another to report, a false accusation of child sexual abuse or false accusation that a child has sustained any wound, injury, disability or physical or mental condition caused by brutality, abuse or neglect commits a Class E felony. Acts 1985, ch. 478, § 43; 1989, ch. 591, § 33; 2008, ch. 1171, § 1.
Any person who either verbally or by written or printed communication knowingly and maliciously reports, or causes, encourages, aids, counsels or procures another to report, a false accusation of child sexual abuse or false accusation that a child has sustained any wound, injury, disability or physical or mental condition caused by brutality, abuse or neglect commits a Class E felony.
Acts 1985, ch. 478, § 43; 1989, ch. 591, § 33; 2008, ch. 1171, § 1.
Tenn. Code Ann. § 37-5-215 — TN Code / Title 37 / Chapter 5 / Section 37-5-215
Requirements - Housing of children under 16 years of age
Status: in_force

(a) Children sixteen (16) years of age or older who have been committed to the department for a determinate period of time and are housed in a hardware secure residential facility or youth development center, shall be housed separately from children less than sixteen (16) years of age. (b) Notwithstanding subsection (a), the department may house children less than sixteen (16) years of age with determinately committed children sixteen (16) years of age or older in applicable facilities if the department deems it necessary for the safety and well-being of the children less than sixteen (16) years of age, or to otherwise comply with the requirements of § 37-5-214 . Added by 2023 Tenn. Acts, ch. 67, s 3, eff. 1/1/2024.
(a) Children sixteen (16) years of age or older who have been committed to the department for a determinate period of time and are housed in a hardware secure residential facility or youth development center, shall be housed separately from children less than sixteen (16) years of age.
(b) Notwithstanding subsection (a), the department may house children less than sixteen (16) years of age with determinately committed children sixteen (16) years of age or older in applicable facilities if the department deems it necessary for the safety and well-being of the children less than sixteen (16) years of age, or to otherwise comply with the requirements of § 37-5-214 .
Added by 2023 Tenn. Acts, ch. 67, s 3, eff. 1/1/2024.
Tenn. Code Ann. § 37-10-201 — TN Code / Title 37 / Chapter 10 / Section 37-10-201
Short title - Part definitions
Status: in_force

(a) This part shall be referred to as the "Tennessee Missing Children Recovery Act." (b) As used in this part, unless the context otherwise requires: (1) "Child" means any person under twenty-one (21) years of age; (2) "Missing child" means a child who is believed to have been removed by force, persuasion, trick, enticement, false pretense, has voluntarily left the custody of such child's parent without permission or is absent for unexplained or unknown reasons; and (3) "Parent" means a natural or adoptive parent, guardian, or person or organization standing in a loco parentis position by virtue of an order of a court. Acts 1985, ch. 158, § 1; 2005, ch. 5, § 1.
(a) This part shall be referred to as the "Tennessee Missing Children Recovery Act."
(b) As used in this part, unless the context otherwise requires: (1) "Child" means any person under twenty-one (21) years of age; (2) "Missing child" means a child who is believed to have been removed by force, persuasion, trick, enticement, false pretense, has voluntarily left the custody of such child's parent without permission or is absent for unexplained or unknown reasons; and (3) "Parent" means a natural or adoptive parent, guardian, or person or organization standing in a loco parentis position by virtue of an order of a court.
(1) "Child" means any person under twenty-one (21) years of age;
(2) "Missing child" means a child who is believed to have been removed by force, persuasion, trick, enticement, false pretense, has voluntarily left the custody of such child's parent without permission or is absent for unexplained or unknown reasons; and
(3) "Parent" means a natural or adoptive parent, guardian, or person or organization standing in a loco parentis position by virtue of an order of a court.
Acts 1985, ch. 158, § 1; 2005, ch. 5, § 1.
Tenn. Code Ann. § 37-5-517 — TN Code / Title 37 / Chapter 5 / Section 37-5-517
Individual plans - Reports
Status: in_force

(a) An agency shall prepare a written plan for each child in foster care and each child placed in its care by voluntary agreement. Such plans shall be prepared at the time a child comes under the supervision of the agency. Such plan shall be subject to review by the department. Failure to prepare such a plan shall be grounds for revocation of the agency's license. (b) In its annual report to the department pursuant to § 37-5-519 , the agency shall include the number of children in foster care, the total number of children who have been in care during the year, the number of plans prepared, the number of children adopted, and the average length of the stay of the children. Acts 2000, ch. 981, § 35.
(a) An agency shall prepare a written plan for each child in foster care and each child placed in its care by voluntary agreement. Such plans shall be prepared at the time a child comes under the supervision of the agency. Such plan shall be subject to review by the department. Failure to prepare such a plan shall be grounds for revocation of the agency's license.
(b) In its annual report to the department pursuant to § 37-5-519 , the agency shall include the number of children in foster care, the total number of children who have been in care during the year, the number of plans prepared, the number of children adopted, and the average length of the stay of the children.
Acts 2000, ch. 981, § 35.