Tenn. Code Ann. § 37-1-303 — TN Code / Title 37 / Chapter 1 / Section 37-1-303
Filing of petition - Designation of judge to hear and determine petition
Status: in_force

(a) To begin proceedings under this part, the petitioner shall file a written petition with the clerk of the chancery or circuit court in the county in which the commitment occurred, naming the state of Tennessee as the respondent. No filing fee shall be charged. (b) The petition shall be heard by the judge of the chancery or circuit court in which the petition was filed. If the petition is filed in the circuit court where a de novo hearing regarding the petitioner's juvenile court commitment was heard, the case shall be heard by the chancellor of the county or other trial judge by interchange as authorized by title 17, chapter 2. Where an issue is raised as to the effective assistance of counsel representing the petitioner at the de novo hearing in the circuit court, the circuit court judge who presided over that hearing, where available, shall hear and determine the petition. Acts 1978, ch. 750, § 3; 1980, ch. 752, § 1; T.C.A., § 37-1703.
(a) To begin proceedings under this part, the petitioner shall file a written petition with the clerk of the chancery or circuit court in the county in which the commitment occurred, naming the state of Tennessee as the respondent. No filing fee shall be charged.
(b) The petition shall be heard by the judge of the chancery or circuit court in which the petition was filed. If the petition is filed in the circuit court where a de novo hearing regarding the petitioner's juvenile court commitment was heard, the case shall be heard by the chancellor of the county or other trial judge by interchange as authorized by title 17, chapter 2. Where an issue is raised as to the effective assistance of counsel representing the petitioner at the de novo hearing in the circuit court, the circuit court judge who presided over that hearing, where available, shall hear and determine the petition.
Acts 1978, ch. 750, § 3; 1980, ch. 752, § 1; T.C.A., § 37-1703.
Tenn. Code Ann. § 37-6-101 — TN Code / Title 37 / Chapter 6 / Section 37-6-101
Short title
Status: in_force

This chapter is known and may be cited as the "Tennessee Foster and Adoptive Parent Protection Act." Added by 2024 Tenn. Acts, ch. 677,s 1, eff. 7/1/2024.
This chapter is known and may be cited as the "Tennessee Foster and Adoptive Parent Protection Act."
Added by 2024 Tenn. Acts, ch. 677,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 37-10-209 — TN Code / Title 37 / Chapter 10 / Section 37-10-209
Distribution of materials concerning missing children - Solicitation of contributions
Status: in_force

(a) No organization shall solicit contributions for the purpose of distributing materials containing information relating to missing children unless it complies with all of the following requirements: (1) Such organization has been incorporated under title 48, chapters 51-68, or the nonprofit corporation law of another state prior to the time of the solicitation of contributions, or such organization is an unincorporated charitable association, trust, society, or other group; and (2) It has been exempt from federal income taxation under 26 U.S.C. § 501(a) and described in 26 U.S.C. § 501(c)(3) , 501(c)(4) , 501(c)(8) , 501(c)(10) or 501(c)(19) as now or hereafter amended, prior to the time of the solicitation of contributions. (b) No organization that solicits contributions for the purpose of distributing materials containing information relating to missing children shall expressly state or imply in any way that it is affiliated with, or is soliciting contributions on behalf of, an organization established to assist in the location of missing children without the express written consent of that organization. (c) Whoever violates subsection (a) or (b) is guilty of improper solicitation of contributions for missing children, which shall be punishable as a Class A misdemeanor. (d) "Missing children" or "missing child" means a minor child who has run away from or who is otherwise missing from the home of, or the care, custody and control of, such child's parents, custodial parent, guardian, legal guardian, or other person having responsibility for the minor. (e) Nothing in this section shall be construed as exempting any person or organization from the requirements of the Solicitation of Charitable Funds Act, compiled in title 48, chapter 101, part 5. Acts 1986, ch. 759, § 1; 1989, ch. 591, §§ 1, 6.
(a) No organization shall solicit contributions for the purpose of distributing materials containing information relating to missing children unless it complies with all of the following requirements: (1) Such organization has been incorporated under title 48, chapters 51-68, or the nonprofit corporation law of another state prior to the time of the solicitation of contributions, or such organization is an unincorporated charitable association, trust, society, or other group; and (2) It has been exempt from federal income taxation under 26 U.S.C. § 501(a) and described in 26 U.S.C. § 501(c)(3) , 501(c)(4) , 501(c)(8) , 501(c)(10) or 501(c)(19) as now or hereafter amended, prior to the time of the solicitation of contributions.
(1) Such organization has been incorporated under title 48, chapters 51-68, or the nonprofit corporation law of another state prior to the time of the solicitation of contributions, or such organization is an unincorporated charitable association, trust, society, or other group; and
(2) It has been exempt from federal income taxation under 26 U.S.C. § 501(a) and described in 26 U.S.C. § 501(c)(3) , 501(c)(4) , 501(c)(8) , 501(c)(10) or 501(c)(19) as now or hereafter amended, prior to the time of the solicitation of contributions.
(b) No organization that solicits contributions for the purpose of distributing materials containing information relating to missing children shall expressly state or imply in any way that it is affiliated with, or is soliciting contributions on behalf of, an organization established to assist in the location of missing children without the express written consent of that organization.
(c) Whoever violates subsection (a) or (b) is guilty of improper solicitation of contributions for missing children, which shall be punishable as a Class A misdemeanor.
(d) "Missing children" or "missing child" means a minor child who has run away from or who is otherwise missing from the home of, or the care, custody and control of, such child's parents, custodial parent, guardian, legal guardian, or other person having responsibility for the minor.
(e) Nothing in this section shall be construed as exempting any person or organization from the requirements of the Solicitation of Charitable Funds Act, compiled in title 48, chapter 101, part 5.
Acts 1986, ch. 759, § 1; 1989, ch. 591, §§ 1, 6.
Tenn. Code Ann. § 37-2-307 — TN Code / Title 37 / Chapter 2 / Section 37-2-307
Contents of license - Limitation on number of children
Status: in_force

The license shall state the name of the licensee, the particular premises in which the business may be carried on, and the number of children, not to exceed eight (8), that may be properly boarded or cared for therein at any one time. Acts 1949, ch. 222, § 8; C. Supp. 1950, § 4746.8 (Williams, § 4765.126); T.C.A. (orig. ed.), § 37-607.
The license shall state the name of the licensee, the particular premises in which the business may be carried on, and the number of children, not to exceed eight (8), that may be properly boarded or cared for therein at any one time.
Acts 1949, ch. 222, § 8; C. Supp. 1950, § 4746.8 (Williams, § 4765.126); T.C.A. (orig. ed.), § 37-607.
Tenn. Code Ann. § 37-1-903 — TN Code / Title 37 / Chapter 1 / Section 37-1-903
Establishment of zero to three court programs and safe baby court programs - Location - Administration
Status: in_force

(a) (1) On January 1, 2018, there are established five (5) zero to three court programs throughout this state. These courts shall be in addition to any zero to three court programs already established in the state. (2) On January 1, 2020, there are established five (5) safe baby courts throughout this state. These courts are in addition to other zero to three court programs and safe baby courts established in this state prior to May 10, 2019. The establishment of additional safe baby courts is authorized as funding permits. (b) (1) The administrative office of the courts, in consultation with the department of children's services, the department of mental health and substance abuse services, and the council of juvenile and family court judges, shall determine the location of each program. (2) The department of children's services, in consultation with the administrative office of the courts, the department of mental health and substance abuse services, and the council of juvenile and family court judges shall establish at least one (1) program within each of the three (3) grand divisions and shall seek to serve both rural and urban populations. (3) The administrative office of the courts, the council of juvenile and family court judges, the department of children's services, and the department of mental health and substance abuse services are authorized to collaborate for the purpose of developing a strategy for safe baby court programs to expand services into adjacent counties where the judges of the juvenile courts of each county agree to share resources and the department of children's services has the staffing and resource capacity to provide coverage of safe baby courts in the adjacent counties. (c) The department of children's services, in consultation with the administrative office of the courts, council of juvenile and family court judges, and the department of mental health and substance abuse services, shall administer the zero to three court programs by: (1) Defining, developing, and gathering outcome measures for zero to three court programs relating to the goals stated in § 37-1-902 ; (2) Collecting and compiling safe baby court program data, including annual reports from each zero to three court program and safe baby court. The department of children's services shall create and disseminate an annual report to the director of the administrative office of the courts, the commissioner of the department of mental health and substance abuse services, the council of juvenile and family court judges, and the chairs of the civil justice committee of the house of representatives and the judiciary committee of the senate. The annual report must summarize the results of the programs' operations during the previous calendar year, including data on outcomes achieved in safe baby courts compared to the outcomes achieved by other courts exercising similar jurisdiction, any cost savings associated with the achievement of the goals stated in § 37-1-902 , and program feedback from safe baby court judges. Each zero to three court program and safe baby court established on or before January 1, 2018, shall submit program data and an annual report as described in this subdivision (c)(2) to the department of children's services, the department of mental health and substance abuse services, the administrative office of the courts, and the council of juvenile and family court judges by February 1 of each year. Each safe baby court established on January 1, 2020, shall submit program data and an annual report as described in this subdivision (c)(2) to the department of children's services, the department of mental health and substance abuse services, the administrative office of the courts, and the council of juvenile and family court judges by February 1, 2021, and each following February 1; (3) Sponsoring and coordinating state zero to three court training for the juvenile court judges and staff who will administer the programs; and (4) Developing standards of operation, including procedures and protocols, for zero to three court programs prior to the creation, establishment, and commencement of the programs on January 1, 2018. Amended by 2021 Tenn. Acts, ch. 64, s 27, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 383, Secs.s 3, s 4, s 5, s 10 eff. 5/10/2019. Amended by 2019 Tenn. Acts, ch. 345, s 37, eff. 5/10/2019. Added by 2017 Tenn. Acts, ch. 366, s 1, eff. 1/1/2018.
(a) (1) On January 1, 2018, there are established five (5) zero to three court programs throughout this state. These courts shall be in addition to any zero to three court programs already established in the state. (2) On January 1, 2020, there are established five (5) safe baby courts throughout this state. These courts are in addition to other zero to three court programs and safe baby courts established in this state prior to May 10, 2019. The establishment of additional safe baby courts is authorized as funding permits.
(1) On January 1, 2018, there are established five (5) zero to three court programs throughout this state. These courts shall be in addition to any zero to three court programs already established in the state.
(2) On January 1, 2020, there are established five (5) safe baby courts throughout this state. These courts are in addition to other zero to three court programs and safe baby courts established in this state prior to May 10, 2019. The establishment of additional safe baby courts is authorized as funding permits.
(b) (1) The administrative office of the courts, in consultation with the department of children's services, the department of mental health and substance abuse services, and the council of juvenile and family court judges, shall determine the location of each program. (2) The department of children's services, in consultation with the administrative office of the courts, the department of mental health and substance abuse services, and the council of juvenile and family court judges shall establish at least one (1) program within each of the three (3) grand divisions and shall seek to serve both rural and urban populations. (3) The administrative office of the courts, the council of juvenile and family court judges, the department of children's services, and the department of mental health and substance abuse services are authorized to collaborate for the purpose of developing a strategy for safe baby court programs to expand services into adjacent counties where the judges of the juvenile courts of each county agree to share resources and the department of children's services has the staffing and resource capacity to provide coverage of safe baby courts in the adjacent counties.
(1) The administrative office of the courts, in consultation with the department of children's services, the department of mental health and substance abuse services, and the council of juvenile and family court judges, shall determine the location of each program.
(2) The department of children's services, in consultation with the administrative office of the courts, the department of mental health and substance abuse services, and the council of juvenile and family court judges shall establish at least one (1) program within each of the three (3) grand divisions and shall seek to serve both rural and urban populations.
(3) The administrative office of the courts, the council of juvenile and family court judges, the department of children's services, and the department of mental health and substance abuse services are authorized to collaborate for the purpose of developing a strategy for safe baby court programs to expand services into adjacent counties where the judges of the juvenile courts of each county agree to share resources and the department of children's services has the staffing and resource capacity to provide coverage of safe baby courts in the adjacent counties.
(c) The department of children's services, in consultation with the administrative office of the courts, council of juvenile and family court judges, and the department of mental health and substance abuse services, shall administer the zero to three court programs by: (1) Defining, developing, and gathering outcome measures for zero to three court programs relating to the goals stated in § 37-1-902 ; (2) Collecting and compiling safe baby court program data, including annual reports from each zero to three court program and safe baby court. The department of children's services shall create and disseminate an annual report to the director of the administrative office of the courts, the commissioner of the department of mental health and substance abuse services, the council of juvenile and family court judges, and the chairs of the civil justice committee of the house of representatives and the judiciary committee of the senate. The annual report must summarize the results of the programs' operations during the previous calendar year, including data on outcomes achieved in safe baby courts compared to the outcomes achieved by other courts exercising similar jurisdiction, any cost savings associated with the achievement of the goals stated in § 37-1-902 , and program feedback from safe baby court judges. Each zero to three court program and safe baby court established on or before January 1, 2018, shall submit program data and an annual report as described in this subdivision (c)(2) to the department of children's services, the department of mental health and substance abuse services, the administrative office of the courts, and the council of juvenile and family court judges by February 1 of each year. Each safe baby court established on January 1, 2020, shall submit program data and an annual report as described in this subdivision (c)(2) to the department of children's services, the department of mental health and substance abuse services, the administrative office of the courts, and the council of juvenile and family court judges by February 1, 2021, and each following February 1; (3) Sponsoring and coordinating state zero to three court training for the juvenile court judges and staff who will administer the programs; and (4) Developing standards of operation, including procedures and protocols, for zero to three court programs prior to the creation, establishment, and commencement of the programs on January 1, 2018.
(1) Defining, developing, and gathering outcome measures for zero to three court programs relating to the goals stated in § 37-1-902 ;
(2) Collecting and compiling safe baby court program data, including annual reports from each zero to three court program and safe baby court. The department of children's services shall create and disseminate an annual report to the director of the administrative office of the courts, the commissioner of the department of mental health and substance abuse services, the council of juvenile and family court judges, and the chairs of the civil justice committee of the house of representatives and the judiciary committee of the senate. The annual report must summarize the results of the programs' operations during the previous calendar year, including data on outcomes achieved in safe baby courts compared to the outcomes achieved by other courts exercising similar jurisdiction, any cost savings associated with the achievement of the goals stated in § 37-1-902 , and program feedback from safe baby court judges. Each zero to three court program and safe baby court established on or before January 1, 2018, shall submit program data and an annual report as described in this subdivision (c)(2) to the department of children's services, the department of mental health and substance abuse services, the administrative office of the courts, and the council of juvenile and family court judges by February 1 of each year. Each safe baby court established on January 1, 2020, shall submit program data and an annual report as described in this subdivision (c)(2) to the department of children's services, the department of mental health and substance abuse services, the administrative office of the courts, and the council of juvenile and family court judges by February 1, 2021, and each following February 1;
(3) Sponsoring and coordinating state zero to three court training for the juvenile court judges and staff who will administer the programs; and
(4) Developing standards of operation, including procedures and protocols, for zero to three court programs prior to the creation, establishment, and commencement of the programs on January 1, 2018.
Amended by 2021 Tenn. Acts, ch. 64, s 27, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 383, Secs.s 3, s 4, s 5, s 10 eff. 5/10/2019.
Amended by 2019 Tenn. Acts, ch. 345, s 37, eff. 5/10/2019.
Added by 2017 Tenn. Acts, ch. 366, s 1, eff. 1/1/2018.
Tenn. Code Ann. § 37-1-120 — TN Code / Title 37 / Chapter 1 / Section 37-1-120
Contents of petition
Status: in_force

(a) All petitions shall be verified and may be on information and belief. (b) Petitions that allege a delinquent or unruly offense; educational neglect when filed on behalf of a school; child abuse prosecutions, pursuant to §§ 37-1-412 and 39-15-401 ; nonsupport of children, pursuant to title 39, chapter 15, part 1; contributing to the delinquency or unruly behavior of a child, pursuant to § 37-1-156 ; contributing to the dependency and neglect of a child, pursuant to § 37-1-157 ; offenses involving adults arising under title 49, chapter 6, part 30; criminal contempt, pursuant to § 29-9-102 ; and civil contempt, pursuant to §§ 29-9-104 and 29-9-105 shall set forth plainly and to the extent reasonably ascertainable: (1) The facts that bring the child or person within the jurisdiction of the court, including the approximate date, manner, and place of the acts alleged, with a statement that it is in the best interest of the child and the public that the proceeding be brought; (2) If the petition alleges delinquency or unruly conduct, the offense charged, the relevant statutes, and a statement that the child is in need of treatment or rehabilitation; (3) The name, age, and residence address, if any, of the child on whose behalf the petition is brought; (4) The names and residence addresses, if known to petitioner, of the legal parents, guardian, or custodian of the child; (5) The names and residence addresses, if known to the petitioner, of any person or persons, other than the legal father, alleged to be the biological father of the child whose parental rights have not been terminated; (6) If the child is in detention, the place of detention, and the time the child was taken into custody; and (7) If any other court has jurisdiction over the child and the name of the court, if known to the petitioner. (c) All other petitions shall set forth plainly and to the extent reasonably ascertainable: (1) The facts that bring the child within the jurisdiction of the court, including the approximate date, manner, and place of the acts alleged, with a statement that it is in the best interest of the child and the public that the proceeding be brought; (2) The name, age, and residence address, if any, of the child on whose behalf the petition is brought and the places where the child has lived for the last five (5) years, and the names and present addresses of the persons with whom the child has lived during that period; (3) The names and residence addresses, if known to petitioner, of the legal parents, guardian, or custodian of the child and of the child's spouse, or of any person who has physical custody of the child or claims rights of legal or physical custody of, or visitation with the child; (4) The names and residence addresses, if known to the petitioner, of any person or persons, other than the legal father, alleged to be the biological father of the child whose parental rights have not been terminated; (5) The court, case number, and nature of any proceeding, if known to the petitioner, that could affect the current proceeding including proceedings for custody, visitation, enforcement, domestic violence, protective orders, termination of parental rights, or adoption; (6) A statement whether the petitioner has participated as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, a statement that identifies the court, the case number, and the date of the child custody determination, if any; (7) A statement whether or not the parents are currently serving in the armed forces; and (8) A statement whether the child or child's parent is a member or eligible for membership in any recognized Indian tribe under the federal Indian Child Welfare Act ( 25 U.S.C. § 1901 ). (d) If the petitioner, counter-petitioner, or child is a victim of abuse or has been placed at risk of abuse by any of the parties to the proceeding, the petitioner may exclude the address of the petitioner or the child from the petition and file that information with the clerk in a separate document, which the clerk shall place under seal. (e) School personnel may file a juvenile petition against a student receiving special education services only in accordance with the manifestation determination requirements of § 49-10-1304(h)(2) . (f) (1) Absent serious threats to school safety or exceptional circumstances in the judgment of a law enforcement officer, when a delinquency or unruly petition is filed by school personnel based upon acts committed on school grounds or at a school-sponsored event, the school personnel shall include information in the petition that shows that: (A) School personnel have sought to resolve the problem through available educational approaches; and (B) Court intervention is needed in the judgment of the petitioner. (2) School personnel shall seek to engage parents, guardians, or legal custodians in resolving the child's behavior before filing a petition where appropriate under the circumstances. Amended by 2021 Tenn. Acts, ch. 134, s 27, eff. 7/1/2021. Amended by 2018 Tenn. Acts, ch. 1052, s 15, eff. 7/1/2018. Amended by 2017 Tenn. Acts, ch. 263, s 2, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 598, s 4, eff. 7/1/2016. Acts 1970, ch. 600, § 20; T.C.A., § 37-220; Acts 2012 , ch. 1017, §§ 1, 2.
(a) All petitions shall be verified and may be on information and belief.
(b) Petitions that allege a delinquent or unruly offense; educational neglect when filed on behalf of a school; child abuse prosecutions, pursuant to §§ 37-1-412 and 39-15-401 ; nonsupport of children, pursuant to title 39, chapter 15, part 1; contributing to the delinquency or unruly behavior of a child, pursuant to § 37-1-156 ; contributing to the dependency and neglect of a child, pursuant to § 37-1-157 ; offenses involving adults arising under title 49, chapter 6, part 30; criminal contempt, pursuant to § 29-9-102 ; and civil contempt, pursuant to §§ 29-9-104 and 29-9-105 shall set forth plainly and to the extent reasonably ascertainable: (1) The facts that bring the child or person within the jurisdiction of the court, including the approximate date, manner, and place of the acts alleged, with a statement that it is in the best interest of the child and the public that the proceeding be brought; (2) If the petition alleges delinquency or unruly conduct, the offense charged, the relevant statutes, and a statement that the child is in need of treatment or rehabilitation; (3) The name, age, and residence address, if any, of the child on whose behalf the petition is brought; (4) The names and residence addresses, if known to petitioner, of the legal parents, guardian, or custodian of the child; (5) The names and residence addresses, if known to the petitioner, of any person or persons, other than the legal father, alleged to be the biological father of the child whose parental rights have not been terminated; (6) If the child is in detention, the place of detention, and the time the child was taken into custody; and (7) If any other court has jurisdiction over the child and the name of the court, if known to the petitioner.
(1) The facts that bring the child or person within the jurisdiction of the court, including the approximate date, manner, and place of the acts alleged, with a statement that it is in the best interest of the child and the public that the proceeding be brought;
(2) If the petition alleges delinquency or unruly conduct, the offense charged, the relevant statutes, and a statement that the child is in need of treatment or rehabilitation;
(3) The name, age, and residence address, if any, of the child on whose behalf the petition is brought;
(4) The names and residence addresses, if known to petitioner, of the legal parents, guardian, or custodian of the child;
(5) The names and residence addresses, if known to the petitioner, of any person or persons, other than the legal father, alleged to be the biological father of the child whose parental rights have not been terminated;
(6) If the child is in detention, the place of detention, and the time the child was taken into custody; and
(7) If any other court has jurisdiction over the child and the name of the court, if known to the petitioner.
(c) All other petitions shall set forth plainly and to the extent reasonably ascertainable: (1) The facts that bring the child within the jurisdiction of the court, including the approximate date, manner, and place of the acts alleged, with a statement that it is in the best interest of the child and the public that the proceeding be brought; (2) The name, age, and residence address, if any, of the child on whose behalf the petition is brought and the places where the child has lived for the last five (5) years, and the names and present addresses of the persons with whom the child has lived during that period; (3) The names and residence addresses, if known to petitioner, of the legal parents, guardian, or custodian of the child and of the child's spouse, or of any person who has physical custody of the child or claims rights of legal or physical custody of, or visitation with the child; (4) The names and residence addresses, if known to the petitioner, of any person or persons, other than the legal father, alleged to be the biological father of the child whose parental rights have not been terminated; (5) The court, case number, and nature of any proceeding, if known to the petitioner, that could affect the current proceeding including proceedings for custody, visitation, enforcement, domestic violence, protective orders, termination of parental rights, or adoption; (6) A statement whether the petitioner has participated as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, a statement that identifies the court, the case number, and the date of the child custody determination, if any; (7) A statement whether or not the parents are currently serving in the armed forces; and (8) A statement whether the child or child's parent is a member or eligible for membership in any recognized Indian tribe under the federal Indian Child Welfare Act ( 25 U.S.C. § 1901 ).
(1) The facts that bring the child within the jurisdiction of the court, including the approximate date, manner, and place of the acts alleged, with a statement that it is in the best interest of the child and the public that the proceeding be brought;
(2) The name, age, and residence address, if any, of the child on whose behalf the petition is brought and the places where the child has lived for the last five (5) years, and the names and present addresses of the persons with whom the child has lived during that period;
(3) The names and residence addresses, if known to petitioner, of the legal parents, guardian, or custodian of the child and of the child's spouse, or of any person who has physical custody of the child or claims rights of legal or physical custody of, or visitation with the child;
(4) The names and residence addresses, if known to the petitioner, of any person or persons, other than the legal father, alleged to be the biological father of the child whose parental rights have not been terminated;
(5) The court, case number, and nature of any proceeding, if known to the petitioner, that could affect the current proceeding including proceedings for custody, visitation, enforcement, domestic violence, protective orders, termination of parental rights, or adoption;
(6) A statement whether the petitioner has participated as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, a statement that identifies the court, the case number, and the date of the child custody determination, if any;
(7) A statement whether or not the parents are currently serving in the armed forces; and
(8) A statement whether the child or child's parent is a member or eligible for membership in any recognized Indian tribe under the federal Indian Child Welfare Act ( 25 U.S.C. § 1901 ).
(d) If the petitioner, counter-petitioner, or child is a victim of abuse or has been placed at risk of abuse by any of the parties to the proceeding, the petitioner may exclude the address of the petitioner or the child from the petition and file that information with the clerk in a separate document, which the clerk shall place under seal.
(e) School personnel may file a juvenile petition against a student receiving special education services only in accordance with the manifestation determination requirements of § 49-10-1304(h)(2) .
(f) (1) Absent serious threats to school safety or exceptional circumstances in the judgment of a law enforcement officer, when a delinquency or unruly petition is filed by school personnel based upon acts committed on school grounds or at a school-sponsored event, the school personnel shall include information in the petition that shows that: (A) School personnel have sought to resolve the problem through available educational approaches; and (B) Court intervention is needed in the judgment of the petitioner. (2) School personnel shall seek to engage parents, guardians, or legal custodians in resolving the child's behavior before filing a petition where appropriate under the circumstances.
(1) Absent serious threats to school safety or exceptional circumstances in the judgment of a law enforcement officer, when a delinquency or unruly petition is filed by school personnel based upon acts committed on school grounds or at a school-sponsored event, the school personnel shall include information in the petition that shows that: (A) School personnel have sought to resolve the problem through available educational approaches; and (B) Court intervention is needed in the judgment of the petitioner.
(A) School personnel have sought to resolve the problem through available educational approaches; and
(B) Court intervention is needed in the judgment of the petitioner.
(2) School personnel shall seek to engage parents, guardians, or legal custodians in resolving the child's behavior before filing a petition where appropriate under the circumstances.
Amended by 2021 Tenn. Acts, ch. 134, s 27, eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 1052, s 15, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 263, s 2, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 598, s 4, eff. 7/1/2016.
Acts 1970, ch. 600, § 20; T.C.A., § 37-220; Acts 2012 , ch. 1017, §§ 1, 2.
Tenn. Code Ann. § 37-5-131 — TN Code / Title 37 / Chapter 5 / Section 37-5-131
Education of youth in juvenile detention facilities of the department of children's services or other facilities for youth at risk
Status: in_force

(a) This section shall apply to the following facilities: (1) Juvenile detention facilities approved, certified or licensed by the department of children's services; and (2) Facilities for children who are not in the custody of the department of children's services that provide community-based alternative educational programs whose purposes are prevention of delinquency, rehabilitation of delinquent youth or otherwise addressing unruly behavior that places youth at risk educationally or at risk of coming into state custody. (b) Each facility shall report no later than August 31, 2010, to the department of education the number of youth detained or served, as well as relevant demographic and service delivery information as specified by the department of education, including, but not limited to, date of entry and date of exit from the facility for the time period of July 1, 2008, through June 30, 2010. (c) On or before January 15, 2011, the department of education shall provide a report containing a compilation of the data and a detailed analysis of the findings to the chair of the judiciary committee of the senate, the chair of the children and family affairs committee of the house of representatives, the executive director of the commission on children and youth, the chairs of the education committees of the senate and the house of representatives and the commissioner of children's services. Such report shall include, but not be limited to, the following recommendations: (1) A process to properly determine and direct the allocation of Tennessee investment in student achievement formula (TISA) funding for the purpose of education of youth in these facilities; and (2) A process to ensure grades and attendance records are transferable between local education agencies and these facilities. (d) The state board of education, in consultation with the department of children's services and the department of education, shall develop or modify curriculum-based standards, as necessary, for the education of children in these facilities consistent with those applicable to all other school systems. Amended by 2022 Tenn. Acts, ch. 966, s 99, eff. 7/1/2023. Acts 2010 , ch. 870, §§ 1, 2; 2011 , ch. 410, § 3(x).
(a) This section shall apply to the following facilities: (1) Juvenile detention facilities approved, certified or licensed by the department of children's services; and (2) Facilities for children who are not in the custody of the department of children's services that provide community-based alternative educational programs whose purposes are prevention of delinquency, rehabilitation of delinquent youth or otherwise addressing unruly behavior that places youth at risk educationally or at risk of coming into state custody.
(1) Juvenile detention facilities approved, certified or licensed by the department of children's services; and
(2) Facilities for children who are not in the custody of the department of children's services that provide community-based alternative educational programs whose purposes are prevention of delinquency, rehabilitation of delinquent youth or otherwise addressing unruly behavior that places youth at risk educationally or at risk of coming into state custody.
(b) Each facility shall report no later than August 31, 2010, to the department of education the number of youth detained or served, as well as relevant demographic and service delivery information as specified by the department of education, including, but not limited to, date of entry and date of exit from the facility for the time period of July 1, 2008, through June 30, 2010.
(c) On or before January 15, 2011, the department of education shall provide a report containing a compilation of the data and a detailed analysis of the findings to the chair of the judiciary committee of the senate, the chair of the children and family affairs committee of the house of representatives, the executive director of the commission on children and youth, the chairs of the education committees of the senate and the house of representatives and the commissioner of children's services. Such report shall include, but not be limited to, the following recommendations: (1) A process to properly determine and direct the allocation of Tennessee investment in student achievement formula (TISA) funding for the purpose of education of youth in these facilities; and (2) A process to ensure grades and attendance records are transferable between local education agencies and these facilities.
(1) A process to properly determine and direct the allocation of Tennessee investment in student achievement formula (TISA) funding for the purpose of education of youth in these facilities; and
(2) A process to ensure grades and attendance records are transferable between local education agencies and these facilities.
(d) The state board of education, in consultation with the department of children's services and the department of education, shall develop or modify curriculum-based standards, as necessary, for the education of children in these facilities consistent with those applicable to all other school systems.
Amended by 2022 Tenn. Acts, ch. 966, s 99, eff. 7/1/2023.
Acts 2010 , ch. 870, §§ 1, 2; 2011 , ch. 410, § 3(x).
Tenn. Code Ann. § 37-5-104 — TN Code / Title 37 / Chapter 5 / Section 37-5-104
Commissioner of children's services - Qualifications
Status: in_force

(a) The governor shall appoint a person qualified by training and experience in the area of children's services to perform the duties of the commissioner of children's services. The appointee must be a graduate of an accredited college or university. (b) The commissioner shall hold office at the pleasure of the governor, and the commissioner's compensation shall be fixed by the governor and paid from the appropriation available to the department pursuant to § 8-23-101(c) . (c) The commissioner shall have the necessary offices, equipment and supplies to carry out the duties of the office. Acts 1996, ch. 1079, § 5.
(a) The governor shall appoint a person qualified by training and experience in the area of children's services to perform the duties of the commissioner of children's services. The appointee must be a graduate of an accredited college or university.
(b) The commissioner shall hold office at the pleasure of the governor, and the commissioner's compensation shall be fixed by the governor and paid from the appropriation available to the department pursuant to § 8-23-101(c) .
(c) The commissioner shall have the necessary offices, equipment and supplies to carry out the duties of the office.
Acts 1996, ch. 1079, § 5.
Tenn. Code Ann. § 37-2-421 — TN Code / Title 37 / Chapter 2 / Section 37-2-421
Grant of limited tort exposure to non-governmental independent contractors providing foster care continuum services
Status: in_force

(a) Notwithstanding a provision of this chapter to the contrary, non-governmental independent contractors that contract with, or enter into an agreement with, the department of children's services for the provision of foster care continuum services to children in the department's custody are granted limited tort exposure under this chapter from civil actions or claims filed by the children and families who are the intended or actual recipients of those services. This grant of limited tort exposure is provided only when the non-governmental independent contractors are providing by contract or agreement foster care continuum services to children in the department's custody. (b) In performing or providing foster care continuum services, the non-governmental independent contractors are deemed to be the functional equivalent of the department of children's services. The non-governmental independent contractors are performing or providing these foster care continuum services in the stead of the department of children's services and by such are fulfilling a public purpose that is authorized to be performed by the department of children's services. The department's contracting party for the provision of foster care continuum services will not be afforded limits to its tort exposure for gross negligence in the performance of the contract or agreement. (c) In performing or providing foster care continuum services, the monetary limits of tort exposure for the department of children's services contracting party or party to the agreement are the same as the limits set for the department of children's services in § 9-8-307 ; provided, that a claim against the contractor arising from the contractor's provision of foster care continuum services to children in the department's custody shall be filed with a court of competent jurisdiction and shall not be heard by the Tennessee claims commission. Added by 2022 Tenn. Acts, ch. 777, s 1, eff. 7/1/2022.
(a) Notwithstanding a provision of this chapter to the contrary, non-governmental independent contractors that contract with, or enter into an agreement with, the department of children's services for the provision of foster care continuum services to children in the department's custody are granted limited tort exposure under this chapter from civil actions or claims filed by the children and families who are the intended or actual recipients of those services. This grant of limited tort exposure is provided only when the non-governmental independent contractors are providing by contract or agreement foster care continuum services to children in the department's custody.
(b) In performing or providing foster care continuum services, the non-governmental independent contractors are deemed to be the functional equivalent of the department of children's services. The non-governmental independent contractors are performing or providing these foster care continuum services in the stead of the department of children's services and by such are fulfilling a public purpose that is authorized to be performed by the department of children's services. The department's contracting party for the provision of foster care continuum services will not be afforded limits to its tort exposure for gross negligence in the performance of the contract or agreement.
(c) In performing or providing foster care continuum services, the monetary limits of tort exposure for the department of children's services contracting party or party to the agreement are the same as the limits set for the department of children's services in § 9-8-307 ; provided, that a claim against the contractor arising from the contractor's provision of foster care continuum services to children in the department's custody shall be filed with a court of competent jurisdiction and shall not be heard by the Tennessee claims commission.
Added by 2022 Tenn. Acts, ch. 777, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 37-3-804 — TN Code / Title 37 / Chapter 3 / Section 37-3-804
Membership
Status: in_force

(a) Members of the commission shall be as follows: (1) The director of the Tennessee bureau of investigation or the director's designee; (2) The executive director of the commission on children and youth or the director's designee; (3) The executive director of Tennessee's chapter of children's advocacy centers or the director's designee; (4) The commissioner of children's services or the commissioner's designee; (5) The director of the administrative office of the courts or the director's designee; (6) Two (2) members of the house of representatives to be appointed by the speaker of the house of representatives; (7) Two (2) senators to be appointed by the speaker of the senate; (8) Two (2) law enforcement officers appointed by the governor with experience investigating severe child abuse cases: one (1) such officer shall be from a county with a population of more than two hundred fifty thousand (250,000), according to the 2000 federal census or any subsequent federal census, and one (1) such officer shall be from a county with a population of less than two hundred fifty thousand (250,000), according to the 2000 federal census or any subsequent federal census; (9) A district public defender appointed by the district public defenders conference; (10) A district attorney general appointed by the district attorneys general conference; (11) A physician with experience conducting exams used to determine whether or not severe child abuse has occurred, appointed by the commission's co-chairs; (12) An attorney with recognized expertise representing children in child abuse and neglect proceedings, appointed by the commission's co-chairs; and (13) Two (2) individuals with experience as advocates for children from the nonprofit sector, appointed by the commission's co-chairs. (b) (1) (A) Members of the commission set out in subdivisions (a)(1)-(5) shall serve on the commission as long as they hold the positions designated in subdivisions (a)(1)-(5). (B) (i) Except as otherwise provided for in subdivision (b)(2), members of the commission appointed pursuant to subdivisions (a)(6)-(13) shall serve four-year terms. (ii) Notwithstanding any other provision of this section to the contrary, following three (3) successive absences by a member appointed pursuant to subdivisions (a)(6)-(13) from commission meetings, the co-chairs may declare a vacancy and request that a new member be appointed pursuant to this section who meets the criteria of the replaced member. (2) The initial members' terms shall be staggered as follows: (A) Members of the commission appointed pursuant to subdivisions (a)(6) and (7) shall serve initial terms of two (2) years; (B) Members of the commission appointed pursuant to subdivisions (a)(8)-(10) shall serve initial terms of three (3) years; and (C) Members of the commission appointed pursuant to subdivisions (a)(11)-(13) shall serve initial terms of four (4) years. (3) Except as provided in subdivision (b)(4), no commission member shall serve more than two (2) terms, including any partial term. (4) (A) Initial appointments shall be made no later than September 1, 2010; all subsequent appointments shall be made no later than February 1 of the year in which an appointment is due to be made. The initial members' terms of office shall commence upon appointment; however, for purposes of calculating the initial terms of the members' offices, the initial appointments shall be deemed to have been made on February 1, 2011. (B) If a vacancy occurs, it shall be filled by the appointing authority in the same manner as the original appointment and shall be for the unexpired term only. (C) If a subsequent appointment is not made by the date provided in this subdivision (b)(4), the incumbent member shall serve until the member's successor is appointed. (c) The speakers of the respective houses each shall appoint a co-chair from the members named to the commission. Acts 2010, ch. 1060, § 1; 2011, ch. 410, § 3(q).
(a) Members of the commission shall be as follows: (1) The director of the Tennessee bureau of investigation or the director's designee; (2) The executive director of the commission on children and youth or the director's designee; (3) The executive director of Tennessee's chapter of children's advocacy centers or the director's designee; (4) The commissioner of children's services or the commissioner's designee; (5) The director of the administrative office of the courts or the director's designee; (6) Two (2) members of the house of representatives to be appointed by the speaker of the house of representatives; (7) Two (2) senators to be appointed by the speaker of the senate; (8) Two (2) law enforcement officers appointed by the governor with experience investigating severe child abuse cases: one (1) such officer shall be from a county with a population of more than two hundred fifty thousand (250,000), according to the 2000 federal census or any subsequent federal census, and one (1) such officer shall be from a county with a population of less than two hundred fifty thousand (250,000), according to the 2000 federal census or any subsequent federal census; (9) A district public defender appointed by the district public defenders conference; (10) A district attorney general appointed by the district attorneys general conference; (11) A physician with experience conducting exams used to determine whether or not severe child abuse has occurred, appointed by the commission's co-chairs; (12) An attorney with recognized expertise representing children in child abuse and neglect proceedings, appointed by the commission's co-chairs; and (13) Two (2) individuals with experience as advocates for children from the nonprofit sector, appointed by the commission's co-chairs.
(1) The director of the Tennessee bureau of investigation or the director's designee;
(2) The executive director of the commission on children and youth or the director's designee;
(3) The executive director of Tennessee's chapter of children's advocacy centers or the director's designee;
(4) The commissioner of children's services or the commissioner's designee;
(5) The director of the administrative office of the courts or the director's designee;
(6) Two (2) members of the house of representatives to be appointed by the speaker of the house of representatives;
(7) Two (2) senators to be appointed by the speaker of the senate;
(8) Two (2) law enforcement officers appointed by the governor with experience investigating severe child abuse cases: one (1) such officer shall be from a county with a population of more than two hundred fifty thousand (250,000), according to the 2000 federal census or any subsequent federal census, and one (1) such officer shall be from a county with a population of less than two hundred fifty thousand (250,000), according to the 2000 federal census or any subsequent federal census;
(9) A district public defender appointed by the district public defenders conference;
(10) A district attorney general appointed by the district attorneys general conference;
(11) A physician with experience conducting exams used to determine whether or not severe child abuse has occurred, appointed by the commission's co-chairs;
(12) An attorney with recognized expertise representing children in child abuse and neglect proceedings, appointed by the commission's co-chairs; and
(13) Two (2) individuals with experience as advocates for children from the nonprofit sector, appointed by the commission's co-chairs.
(b) (1) (A) Members of the commission set out in subdivisions (a)(1)-(5) shall serve on the commission as long as they hold the positions designated in subdivisions (a)(1)-(5). (B) (i) Except as otherwise provided for in subdivision (b)(2), members of the commission appointed pursuant to subdivisions (a)(6)-(13) shall serve four-year terms. (ii) Notwithstanding any other provision of this section to the contrary, following three (3) successive absences by a member appointed pursuant to subdivisions (a)(6)-(13) from commission meetings, the co-chairs may declare a vacancy and request that a new member be appointed pursuant to this section who meets the criteria of the replaced member. (2) The initial members' terms shall be staggered as follows: (A) Members of the commission appointed pursuant to subdivisions (a)(6) and (7) shall serve initial terms of two (2) years; (B) Members of the commission appointed pursuant to subdivisions (a)(8)-(10) shall serve initial terms of three (3) years; and (C) Members of the commission appointed pursuant to subdivisions (a)(11)-(13) shall serve initial terms of four (4) years. (3) Except as provided in subdivision (b)(4), no commission member shall serve more than two (2) terms, including any partial term. (4) (A) Initial appointments shall be made no later than September 1, 2010; all subsequent appointments shall be made no later than February 1 of the year in which an appointment is due to be made. The initial members' terms of office shall commence upon appointment; however, for purposes of calculating the initial terms of the members' offices, the initial appointments shall be deemed to have been made on February 1, 2011. (B) If a vacancy occurs, it shall be filled by the appointing authority in the same manner as the original appointment and shall be for the unexpired term only. (C) If a subsequent appointment is not made by the date provided in this subdivision (b)(4), the incumbent member shall serve until the member's successor is appointed.
(1) (A) Members of the commission set out in subdivisions (a)(1)-(5) shall serve on the commission as long as they hold the positions designated in subdivisions (a)(1)-(5). (B) (i) Except as otherwise provided for in subdivision (b)(2), members of the commission appointed pursuant to subdivisions (a)(6)-(13) shall serve four-year terms. (ii) Notwithstanding any other provision of this section to the contrary, following three (3) successive absences by a member appointed pursuant to subdivisions (a)(6)-(13) from commission meetings, the co-chairs may declare a vacancy and request that a new member be appointed pursuant to this section who meets the criteria of the replaced member.
(A) Members of the commission set out in subdivisions (a)(1)-(5) shall serve on the commission as long as they hold the positions designated in subdivisions (a)(1)-(5).
(B) (i) Except as otherwise provided for in subdivision (b)(2), members of the commission appointed pursuant to subdivisions (a)(6)-(13) shall serve four-year terms. (ii) Notwithstanding any other provision of this section to the contrary, following three (3) successive absences by a member appointed pursuant to subdivisions (a)(6)-(13) from commission meetings, the co-chairs may declare a vacancy and request that a new member be appointed pursuant to this section who meets the criteria of the replaced member.
(i) Except as otherwise provided for in subdivision (b)(2), members of the commission appointed pursuant to subdivisions (a)(6)-(13) shall serve four-year terms.
(ii) Notwithstanding any other provision of this section to the contrary, following three (3) successive absences by a member appointed pursuant to subdivisions (a)(6)-(13) from commission meetings, the co-chairs may declare a vacancy and request that a new member be appointed pursuant to this section who meets the criteria of the replaced member.
(2) The initial members' terms shall be staggered as follows: (A) Members of the commission appointed pursuant to subdivisions (a)(6) and (7) shall serve initial terms of two (2) years; (B) Members of the commission appointed pursuant to subdivisions (a)(8)-(10) shall serve initial terms of three (3) years; and (C) Members of the commission appointed pursuant to subdivisions (a)(11)-(13) shall serve initial terms of four (4) years.
(A) Members of the commission appointed pursuant to subdivisions (a)(6) and (7) shall serve initial terms of two (2) years;
(B) Members of the commission appointed pursuant to subdivisions (a)(8)-(10) shall serve initial terms of three (3) years; and
(C) Members of the commission appointed pursuant to subdivisions (a)(11)-(13) shall serve initial terms of four (4) years.
(3) Except as provided in subdivision (b)(4), no commission member shall serve more than two (2) terms, including any partial term.
(4) (A) Initial appointments shall be made no later than September 1, 2010; all subsequent appointments shall be made no later than February 1 of the year in which an appointment is due to be made. The initial members' terms of office shall commence upon appointment; however, for purposes of calculating the initial terms of the members' offices, the initial appointments shall be deemed to have been made on February 1, 2011. (B) If a vacancy occurs, it shall be filled by the appointing authority in the same manner as the original appointment and shall be for the unexpired term only. (C) If a subsequent appointment is not made by the date provided in this subdivision (b)(4), the incumbent member shall serve until the member's successor is appointed.
(A) Initial appointments shall be made no later than September 1, 2010; all subsequent appointments shall be made no later than February 1 of the year in which an appointment is due to be made. The initial members' terms of office shall commence upon appointment; however, for purposes of calculating the initial terms of the members' offices, the initial appointments shall be deemed to have been made on February 1, 2011.
(B) If a vacancy occurs, it shall be filled by the appointing authority in the same manner as the original appointment and shall be for the unexpired term only.
(C) If a subsequent appointment is not made by the date provided in this subdivision (b)(4), the incumbent member shall serve until the member's successor is appointed.
(c) The speakers of the respective houses each shall appoint a co-chair from the members named to the commission.
Acts 2010, ch. 1060, § 1; 2011, ch. 410, § 3(q).
Tenn. Code Ann. § 37-1-118 — TN Code / Title 37 / Chapter 1 / Section 37-1-118
Subpoenas
Status: in_force

Upon application of a party, the court or the clerk of the court shall issue, or the court on its own motion may issue, subpoenas requiring attendance and testimony of witnesses and production of papers at any hearing under this part. Acts 1970, ch. 600, § 18; T.C.A., § 37-218.
Upon application of a party, the court or the clerk of the court shall issue, or the court on its own motion may issue, subpoenas requiring attendance and testimony of witnesses and production of papers at any hearing under this part.
Acts 1970, ch. 600, § 18; T.C.A., § 37-218.
Tenn. Code Ann. § 37-5-513 — TN Code / Title 37 / Chapter 5 / Section 37-5-513
Inspection of persons or entities providing child care
Status: in_force

(a) (1) It is the duty of the department, through its duly authorized agents, to inspect at regular intervals, without previous notice, all child care agencies or suspected child care agencies, as defined in § 37-5-501 . (2) It is the duty of the department, through its duly authorized agents, to inspect, at least twice per year, without previous notice, all nontraditional child care agencies or suspected nontraditional child care agencies. (b) (1) The department is given the right of entrance, privilege of inspection, access to accounts, records, and information regarding the whereabouts of children under care for the purpose of determining the kind and quality of the care provided to the children and to obtain a proper basis for its decisions and recommendations. (2) If refused entrance for inspection of a licensed, approved or suspected child care agency, the chancery or circuit court of the county where the licensed, approved or suspected child care agency may be located may issue an immediate ex parte order permitting the department's inspection upon a showing of probable cause, and the court may direct any law enforcement officer to aid the department in executing such order and inspection. Refusal by the child care agency to obey the inspection order may be punished as contempt. (c) Any violation of the rights given in this section is a Class A misdemeanor. (d) Upon request by the department, an approved or suspected child care agency that provides, or is suspected of providing, residential child care shall provide a census of the number and names of children currently in the agency's care. (e) (1) Upon the escape or disappearance of a child in the care of an approved child care agency, the agency shall immediately report the disappearance of the child to the department and the chief law enforcement officer of the county in which the agency is located. The report must include, at a minimum: (A) The facts of the disappearance; (B) The time the child escaped or disappeared; (C) The circumstances under which the escape or disappearance occurred; and (D) A description of the missing child, including the child's age, size, complexion, race, and color of hair and eyes. (2) The agency shall designate an individual who is responsible for making the required reports pursuant to subdivision (e)(1). An individual so designated by the agency who intentionally fails to comply with the reporting requirement commits a Class B misdemeanor. Amended by 2022 Tenn. Acts, ch. 1126, s 3, eff. 7/1/2022. Acts 2000, ch. 981, § 31.
(a) (1) It is the duty of the department, through its duly authorized agents, to inspect at regular intervals, without previous notice, all child care agencies or suspected child care agencies, as defined in § 37-5-501 . (2) It is the duty of the department, through its duly authorized agents, to inspect, at least twice per year, without previous notice, all nontraditional child care agencies or suspected nontraditional child care agencies.
(1) It is the duty of the department, through its duly authorized agents, to inspect at regular intervals, without previous notice, all child care agencies or suspected child care agencies, as defined in § 37-5-501 .
(2) It is the duty of the department, through its duly authorized agents, to inspect, at least twice per year, without previous notice, all nontraditional child care agencies or suspected nontraditional child care agencies.
(b) (1) The department is given the right of entrance, privilege of inspection, access to accounts, records, and information regarding the whereabouts of children under care for the purpose of determining the kind and quality of the care provided to the children and to obtain a proper basis for its decisions and recommendations. (2) If refused entrance for inspection of a licensed, approved or suspected child care agency, the chancery or circuit court of the county where the licensed, approved or suspected child care agency may be located may issue an immediate ex parte order permitting the department's inspection upon a showing of probable cause, and the court may direct any law enforcement officer to aid the department in executing such order and inspection. Refusal by the child care agency to obey the inspection order may be punished as contempt.
(1) The department is given the right of entrance, privilege of inspection, access to accounts, records, and information regarding the whereabouts of children under care for the purpose of determining the kind and quality of the care provided to the children and to obtain a proper basis for its decisions and recommendations.
(2) If refused entrance for inspection of a licensed, approved or suspected child care agency, the chancery or circuit court of the county where the licensed, approved or suspected child care agency may be located may issue an immediate ex parte order permitting the department's inspection upon a showing of probable cause, and the court may direct any law enforcement officer to aid the department in executing such order and inspection. Refusal by the child care agency to obey the inspection order may be punished as contempt.
(c) Any violation of the rights given in this section is a Class A misdemeanor.
(d) Upon request by the department, an approved or suspected child care agency that provides, or is suspected of providing, residential child care shall provide a census of the number and names of children currently in the agency's care.
(e) (1) Upon the escape or disappearance of a child in the care of an approved child care agency, the agency shall immediately report the disappearance of the child to the department and the chief law enforcement officer of the county in which the agency is located. The report must include, at a minimum: (A) The facts of the disappearance; (B) The time the child escaped or disappeared; (C) The circumstances under which the escape or disappearance occurred; and (D) A description of the missing child, including the child's age, size, complexion, race, and color of hair and eyes. (2) The agency shall designate an individual who is responsible for making the required reports pursuant to subdivision (e)(1). An individual so designated by the agency who intentionally fails to comply with the reporting requirement commits a Class B misdemeanor.
(1) Upon the escape or disappearance of a child in the care of an approved child care agency, the agency shall immediately report the disappearance of the child to the department and the chief law enforcement officer of the county in which the agency is located. The report must include, at a minimum: (A) The facts of the disappearance; (B) The time the child escaped or disappeared; (C) The circumstances under which the escape or disappearance occurred; and (D) A description of the missing child, including the child's age, size, complexion, race, and color of hair and eyes.
(A) The facts of the disappearance;
(B) The time the child escaped or disappeared;
(C) The circumstances under which the escape or disappearance occurred; and
(D) A description of the missing child, including the child's age, size, complexion, race, and color of hair and eyes.
(2) The agency shall designate an individual who is responsible for making the required reports pursuant to subdivision (e)(1). An individual so designated by the agency who intentionally fails to comply with the reporting requirement commits a Class B misdemeanor.
Amended by 2022 Tenn. Acts, ch. 1126, s 3, eff. 7/1/2022.
Acts 2000, ch. 981, § 31.
Tenn. Code Ann. § 37-1-501 — TN Code / Title 37 / Chapter 1 / Section 37-1-501
Creation and membership of council
Status: in_force

(a) There is created the Tennessee council of juvenile and family court judges, which shall be the official organization of the judges having juvenile and family court jurisdiction in this state. (b) The membership of the council shall consist of all judges of juvenile courts in this state. Acts 1972, ch. 833, § 1; 1983, ch. 131, § 1; T.C.A., § 37-278.
(a) There is created the Tennessee council of juvenile and family court judges, which shall be the official organization of the judges having juvenile and family court jurisdiction in this state.
(b) The membership of the council shall consist of all judges of juvenile courts in this state.
Acts 1972, ch. 833, § 1; 1983, ch. 131, § 1; T.C.A., § 37-278.
Tenn. Code Ann. § 37-5-313 — TN Code / Title 37 / Chapter 5 / Section 37-5-313
Annual audit - Accounting records
Status: in_force

(a) The comptroller of the treasury shall make an annual audit of the program established by this part as part of the comptroller's annual audit pursuant to § 9-3-211 . (b) The community services agencies shall maintain all books and records in accordance with generally accepted accounting principles, and any additional accounting and reporting requirements published by the comptroller of the treasury. Such records shall be made available for inspection to the department and the comptroller of the treasury, upon request. Amended by 2016 Tenn. Acts, ch. 573,s 1, eff. 3/8/2016. Acts 1989, ch. 567, § 14; T.C.A., § 68-2-1114; Acts 1996, ch. 1079, § 149.
(a) The comptroller of the treasury shall make an annual audit of the program established by this part as part of the comptroller's annual audit pursuant to § 9-3-211 .
(b) The community services agencies shall maintain all books and records in accordance with generally accepted accounting principles, and any additional accounting and reporting requirements published by the comptroller of the treasury. Such records shall be made available for inspection to the department and the comptroller of the treasury, upon request.
Amended by 2016 Tenn. Acts, ch. 573,s 1, eff. 3/8/2016.
Acts 1989, ch. 567, § 14; T.C.A., § 68-2-1114; Acts 1996, ch. 1079, § 149.
Tenn. Code Ann. § 37-5-523 — TN Code / Title 37 / Chapter 5 / Section 37-5-523
Information sharing with state board of education
Status: in_force

The department shall notify the state board of education within three (3) business days of issuance of a license to a facility that intends to provide care, or provides care, to children who are transported across state lines to enter the facility'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. Added by 2022 Tenn. Acts, ch. 1126, s 6, eff. 7/1/2022.
The department shall notify the state board of education within three (3) business days of issuance of a license to a facility that intends to provide care, or provides care, to children who are transported across state lines to enter the facility'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.
Added by 2022 Tenn. Acts, ch. 1126, s 6, eff. 7/1/2022.
Tenn. Code Ann. § 37-1-204 — TN Code / Title 37 / Chapter 1 / Section 37-1-204
Procedure in general sessions court
Status: in_force

Any general sessions court exercising juvenile court jurisdiction shall, when exercising such jurisdiction, have the title and style of juvenile court of ______________ county, and shall maintain a separate juvenile court docket and minutes, and hearings pursuant to this title shall be separate from general sessions court proceedings. Acts 1982, ch. 934, § 4; T.C.A., § 37-264.
Any general sessions court exercising juvenile court jurisdiction shall, when exercising such jurisdiction, have the title and style of juvenile court of ______________ county, and shall maintain a separate juvenile court docket and minutes, and hearings pursuant to this title shall be separate from general sessions court proceedings.
Acts 1982, ch. 934, § 4; T.C.A., § 37-264.
Tenn. Code Ann. § 37-1-314 — TN Code / Title 37 / Chapter 1 / Section 37-1-314
District attorney general to represent state - Attorney general and reporter to represent state on appeal
Status: in_force

(a) (1) The district attorney general of the district in which the petition was filed shall represent the state and respond by proper pleading on behalf of the state within thirty (30) days after receiving notice of the docketing or within such time as the court orders. (2) If the petition does not include the records or transcripts, or parts of records or transcripts that are material to the questions raised therein, the district attorney general is empowered to obtain them at the expense of the state and shall file them with the responsive pleading or within a reasonable time thereafter. (3) The district attorney general shall be reimbursed for any expenses, including travel incurred in connection with the preparation and trial of any proceeding under this part. These expenses shall be paid by the state of Tennessee, and shall not be included in the expense allowance now received by the various district attorneys general. (b) It is the duty and function of the attorney general and reporter and the attorney general and reporter's staff to lend whatever assistance may be necessary to the district attorney general in the trial and disposition of such cases. (c) In the event an appeal to the court of appeals is taken from the judgment of the trial court hearing a petition pursuant to this part, or in the event a delayed appeal in the nature of a writ of error is granted from the judgment of the circuit court pursuant to § 37-1-319 , the attorney general and reporter and the attorney general and reporter's staff shall represent the state and prepare and file all necessary briefs in the same manner as now performed in connection with criminal appeals. Acts 1978, ch. 750, § 14; T.C.A., § 37-1714.
(a) (1) The district attorney general of the district in which the petition was filed shall represent the state and respond by proper pleading on behalf of the state within thirty (30) days after receiving notice of the docketing or within such time as the court orders. (2) If the petition does not include the records or transcripts, or parts of records or transcripts that are material to the questions raised therein, the district attorney general is empowered to obtain them at the expense of the state and shall file them with the responsive pleading or within a reasonable time thereafter. (3) The district attorney general shall be reimbursed for any expenses, including travel incurred in connection with the preparation and trial of any proceeding under this part. These expenses shall be paid by the state of Tennessee, and shall not be included in the expense allowance now received by the various district attorneys general.
(1) The district attorney general of the district in which the petition was filed shall represent the state and respond by proper pleading on behalf of the state within thirty (30) days after receiving notice of the docketing or within such time as the court orders.
(2) If the petition does not include the records or transcripts, or parts of records or transcripts that are material to the questions raised therein, the district attorney general is empowered to obtain them at the expense of the state and shall file them with the responsive pleading or within a reasonable time thereafter.
(3) The district attorney general shall be reimbursed for any expenses, including travel incurred in connection with the preparation and trial of any proceeding under this part. These expenses shall be paid by the state of Tennessee, and shall not be included in the expense allowance now received by the various district attorneys general.
(b) It is the duty and function of the attorney general and reporter and the attorney general and reporter's staff to lend whatever assistance may be necessary to the district attorney general in the trial and disposition of such cases.
(c) In the event an appeal to the court of appeals is taken from the judgment of the trial court hearing a petition pursuant to this part, or in the event a delayed appeal in the nature of a writ of error is granted from the judgment of the circuit court pursuant to § 37-1-319 , the attorney general and reporter and the attorney general and reporter's staff shall represent the state and prepare and file all necessary briefs in the same manner as now performed in connection with criminal appeals.
Acts 1978, ch. 750, § 14; T.C.A., § 37-1714.
Tenn. Code Ann. § 37-5-601 — TN Code / Title 37 / Chapter 5 / Section 37-5-601
Part definitions
Status: in_force

As used in this part, unless the context requires otherwise: (1) "Family" means the members of a household living, on a full-time or a part-time basis, in one (1) house, condominium, apartment or other dwelling; people related by blood or ancestry, marriage, or adoption; any person who is holding out to the public as being a family member of a minor; foster parents and foster children; stepparents and stepchildren; and any other group that the department determines by policy or rule to constitute a family for purposes of this part; and (2) "Maltreatment" means abuse as defined in § 37-1-102 , or child sexual abuse as defined in § 37-1-602 . Acts 2005, ch. 391, § 2.
As used in this part, unless the context requires otherwise:
(1) "Family" means the members of a household living, on a full-time or a part-time basis, in one (1) house, condominium, apartment or other dwelling; people related by blood or ancestry, marriage, or adoption; any person who is holding out to the public as being a family member of a minor; foster parents and foster children; stepparents and stepchildren; and any other group that the department determines by policy or rule to constitute a family for purposes of this part; and
(2) "Maltreatment" means abuse as defined in § 37-1-102 , or child sexual abuse as defined in § 37-1-602 .
Acts 2005, ch. 391, § 2.
Tenn. Code Ann. § 37-5-602 — TN Code / Title 37 / Chapter 5 / Section 37-5-602
Purposes
Status: in_force

(a) The purposes of this part are to safeguard and enhance the welfare of children and to preserve family life, by preventing harm and sexual abuse to children and by strengthening the ability of families to parent their children effectively through a multi-level response system using available community-based public and private services. It is intended that the department perform its function under this part pursuant to the belief that families can change the circumstances associated with the level of risk to a child, when they are provided with intensive and comprehensive services tailored to their strengths and needs. The department's fundamental assumptions shall be that most children are better off with their own families than in substitute care, and that separation has detrimental effects on both parents and children. Whenever possible, preservation of the family should serve as the framework for services, but, in any case, the best interests of the child shall be paramount. (b) The further purpose of this part is to authorize and require the department to develop a demonstration program to carry out the purposes stated in subsection (a). A specific objective of the demonstration program is to reduce the incidence of children who are subjected to maltreatment. Until the program is in effect statewide, this part shall be in effect only in the areas in which the demonstration program is established. Acts 2005, ch. 391, § 3.
(a) The purposes of this part are to safeguard and enhance the welfare of children and to preserve family life, by preventing harm and sexual abuse to children and by strengthening the ability of families to parent their children effectively through a multi-level response system using available community-based public and private services. It is intended that the department perform its function under this part pursuant to the belief that families can change the circumstances associated with the level of risk to a child, when they are provided with intensive and comprehensive services tailored to their strengths and needs. The department's fundamental assumptions shall be that most children are better off with their own families than in substitute care, and that separation has detrimental effects on both parents and children. Whenever possible, preservation of the family should serve as the framework for services, but, in any case, the best interests of the child shall be paramount.
(b) The further purpose of this part is to authorize and require the department to develop a demonstration program to carry out the purposes stated in subsection (a). A specific objective of the demonstration program is to reduce the incidence of children who are subjected to maltreatment. Until the program is in effect statewide, this part shall be in effect only in the areas in which the demonstration program is established.
Acts 2005, ch. 391, § 3.
Tenn. Code Ann. § 37-10-304 — TN Code / Title 37 / Chapter 10 / Section 37-10-304
Applicability - Pseudonym - Counsel - Court proceedings - Appeals
Status: in_force

(a) The requirements and procedures under this part are available and apply to minors, whether or not they are residents of this state. (b) The court shall ensure that the minor's identity is kept anonymous. The minor shall be allowed to proceed under a pseudonym and shall be allowed to sign all documents, including the petition, by that pseudonym. In any proceedings involving the use of a pseudonym by the minor, the court shall require one (1) copy of the petition to be filed, under seal, that contains the true name of the minor. This copy of the petition shall be kept in a separate file, under seal, and shall not be available for inspection by anyone, except as provided in subsection (h). (c) (1) The minor may participate in proceedings in the court on the minor's own behalf or through a next friend. The court shall advise the minor that the minor has a right to court-appointed counsel and shall provide the minor with such counsel upon the minor's request. The state shall further provide a court-appointed advocate in each judicial district to give information regarding the legal process to the minor and to coordinate with the court-appointed counsel. Such court-appointed advocates shall be compensated from funds appropriated for the reimbursement of court-appointed counsel. (2) [Deleted by 2020 amendment.] (d) Court proceedings under this section shall be given such precedence over other pending matters as is necessary to ensure that the court may reach a decision promptly, but in no case shall the court fail to rule within forty-eight (48) hours of the time of application; provided, that the forty-eight-hour limitation may be extended at the request of the minor. If, for any reason except the request of the minor, the court shall not have ruled within forty-eight (48) hours, the minor may deem the petition denied and immediately appeal the denial as provided in subsection (g). This provision is not deemed to restrict or forbid any other remedy now existing or hereafter enacted in such a situation. (e) The consent requirement shall be waived if the court finds either that: (1) The minor is mature and well-informed enough to make the abortion decision on the minor's own; or (2) The performance of the abortion would be in the minor's best interests. (f) A court that conducts proceedings under this section shall issue written and specific factual findings and legal conclusions supporting its decision and shall order that a confidential record of the evidence be maintained. (g) An expedited, anonymous appeal shall be available to any minor. The appeal shall be de novo to the circuit court for the county in which the juvenile court is located. The appeal may be heard by the circuit court judge sitting in another county if necessary to meet the time limitations of this section. A notice of appeal shall be filed within twenty-four (24) hours of the decision by the juvenile court, but may be filed at any time, if the juvenile court has not ruled within forty-eight (48) hours of the filing of the petition. The record from the juvenile court must be received in the circuit court and the appeal docketed there within five (5) calendar days of the filing of the notice of appeal. The appeal shall be heard and a decision rendered by the circuit court within five (5) calendar days from when the case is docketed in the circuit court. For the purpose of expediting the appellate procedure under this section, the time requirements of this section may be reduced by the Tennessee supreme court pursuant to its rulemaking authority in order to ensure an expedited appeal. The decision of the circuit court shall be appealable to the Tennessee supreme court in an anonymous and expedited manner as provided by the rules of the Tennessee supreme court. Jurisdiction under this section will remain in the Tennessee supreme court, notwithstanding any other statute or rule to the contrary. (h) All court files, documents, exhibits, and all other records lodged in or subject to the control of the court shall be kept confidential and under seal. Statistical summaries of these proceedings may be compiled for such reporting purposes as the supreme court may by rule require or allow. However, no information shall be released for these purposes that would tend to identify any minor who has made use of this procedure. (i) The supreme court is respectfully requested to promulgate any rules necessary to ensure that proceedings under this part are handled in an expeditious and anonymous manner, including any amendments to the Tennessee Rules of Appellate Procedure, Tennessee Rules of Civil Procedure and Tennessee Rules of Juvenile Procedure. (j) No fees shall be required of any minor who makes use of the procedures provided by this section. Amended by 2020 Tenn. Acts, ch. 764, s 1, eff. 7/13/2020. Acts 1988, ch. 929, § 4; 1989, ch. 412, § 1.
(a) The requirements and procedures under this part are available and apply to minors, whether or not they are residents of this state.
(b) The court shall ensure that the minor's identity is kept anonymous. The minor shall be allowed to proceed under a pseudonym and shall be allowed to sign all documents, including the petition, by that pseudonym. In any proceedings involving the use of a pseudonym by the minor, the court shall require one (1) copy of the petition to be filed, under seal, that contains the true name of the minor. This copy of the petition shall be kept in a separate file, under seal, and shall not be available for inspection by anyone, except as provided in subsection (h).
(c) (1) The minor may participate in proceedings in the court on the minor's own behalf or through a next friend. The court shall advise the minor that the minor has a right to court-appointed counsel and shall provide the minor with such counsel upon the minor's request. The state shall further provide a court-appointed advocate in each judicial district to give information regarding the legal process to the minor and to coordinate with the court-appointed counsel. Such court-appointed advocates shall be compensated from funds appropriated for the reimbursement of court-appointed counsel. (2) [Deleted by 2020 amendment.]
(1) The minor may participate in proceedings in the court on the minor's own behalf or through a next friend. The court shall advise the minor that the minor has a right to court-appointed counsel and shall provide the minor with such counsel upon the minor's request. The state shall further provide a court-appointed advocate in each judicial district to give information regarding the legal process to the minor and to coordinate with the court-appointed counsel. Such court-appointed advocates shall be compensated from funds appropriated for the reimbursement of court-appointed counsel.
(2) [Deleted by 2020 amendment.]
(d) Court proceedings under this section shall be given such precedence over other pending matters as is necessary to ensure that the court may reach a decision promptly, but in no case shall the court fail to rule within forty-eight (48) hours of the time of application; provided, that the forty-eight-hour limitation may be extended at the request of the minor. If, for any reason except the request of the minor, the court shall not have ruled within forty-eight (48) hours, the minor may deem the petition denied and immediately appeal the denial as provided in subsection (g). This provision is not deemed to restrict or forbid any other remedy now existing or hereafter enacted in such a situation.
(e) The consent requirement shall be waived if the court finds either that: (1) The minor is mature and well-informed enough to make the abortion decision on the minor's own; or (2) The performance of the abortion would be in the minor's best interests.
(1) The minor is mature and well-informed enough to make the abortion decision on the minor's own; or
(2) The performance of the abortion would be in the minor's best interests.
(f) A court that conducts proceedings under this section shall issue written and specific factual findings and legal conclusions supporting its decision and shall order that a confidential record of the evidence be maintained.
(g) An expedited, anonymous appeal shall be available to any minor. The appeal shall be de novo to the circuit court for the county in which the juvenile court is located. The appeal may be heard by the circuit court judge sitting in another county if necessary to meet the time limitations of this section. A notice of appeal shall be filed within twenty-four (24) hours of the decision by the juvenile court, but may be filed at any time, if the juvenile court has not ruled within forty-eight (48) hours of the filing of the petition. The record from the juvenile court must be received in the circuit court and the appeal docketed there within five (5) calendar days of the filing of the notice of appeal. The appeal shall be heard and a decision rendered by the circuit court within five (5) calendar days from when the case is docketed in the circuit court. For the purpose of expediting the appellate procedure under this section, the time requirements of this section may be reduced by the Tennessee supreme court pursuant to its rulemaking authority in order to ensure an expedited appeal. The decision of the circuit court shall be appealable to the Tennessee supreme court in an anonymous and expedited manner as provided by the rules of the Tennessee supreme court. Jurisdiction under this section will remain in the Tennessee supreme court, notwithstanding any other statute or rule to the contrary.
(h) All court files, documents, exhibits, and all other records lodged in or subject to the control of the court shall be kept confidential and under seal. Statistical summaries of these proceedings may be compiled for such reporting purposes as the supreme court may by rule require or allow. However, no information shall be released for these purposes that would tend to identify any minor who has made use of this procedure.
(i) The supreme court is respectfully requested to promulgate any rules necessary to ensure that proceedings under this part are handled in an expeditious and anonymous manner, including any amendments to the Tennessee Rules of Appellate Procedure, Tennessee Rules of Civil Procedure and Tennessee Rules of Juvenile Procedure.
(j) No fees shall be required of any minor who makes use of the procedures provided by this section.
Amended by 2020 Tenn. Acts, ch. 764, s 1, eff. 7/13/2020.
Acts 1988, ch. 929, § 4; 1989, ch. 412, § 1.
Tenn. Code Ann. § 37-1-144 — TN Code / Title 37 / Chapter 1 / Section 37-1-144
Supervision under out-of-state order
Status: in_force

(a) Upon receiving a request of a juvenile court of another state to provide supervision of a child under the jurisdiction of that court, a court of this state may issue its written acceptance to the requesting court and designate its probation or other appropriate officer who is to provide supervision, stating the probable cost per day therefor. (b) Upon the receipt and filing of a certified copy of the order of the requesting court placing the child under the supervision of the officer so designated, the officer shall arrange for the reception of the child from the requesting court, provide supervision pursuant to the order and to this part, and report thereon from time to time together with any recommendations the officer may have to the requesting court. (c) The court of this state may terminate supervision at any time by notifying the requesting court. In that case, or if the supervision is terminated by the requesting court, the probation officer supervising the child shall return the child to a representative of the requesting court authorized to receive the child. Acts 1970, ch. 600, § 43; T.C.A., § 37-243.
(a) Upon receiving a request of a juvenile court of another state to provide supervision of a child under the jurisdiction of that court, a court of this state may issue its written acceptance to the requesting court and designate its probation or other appropriate officer who is to provide supervision, stating the probable cost per day therefor.
(b) Upon the receipt and filing of a certified copy of the order of the requesting court placing the child under the supervision of the officer so designated, the officer shall arrange for the reception of the child from the requesting court, provide supervision pursuant to the order and to this part, and report thereon from time to time together with any recommendations the officer may have to the requesting court.
(c) The court of this state may terminate supervision at any time by notifying the requesting court. In that case, or if the supervision is terminated by the requesting court, the probation officer supervising the child shall return the child to a representative of the requesting court authorized to receive the child.
Acts 1970, ch. 600, § 43; T.C.A., § 37-243.
Tenn. Code Ann. § 37-1-136 — TN Code / Title 37 / Chapter 1 / Section 37-1-136
Assessment reports in certain counties - Confidentiality - Limited access - Destruction
Status: in_force

(a) All reports and materials compiled by the juvenile court in connection with an assessment report shall be confidential, shall not be public record, and shall not be disclosed, except as specifically authorized by this section. Except for purposes directly connected with this section, a person shall not disclose, receive, make use of, authorize, or knowingly permit the use of assessment reports and related materials. Assessment reports and related materials shall not be subject to any court subpoena. (b) Access to assessment reports and materials shall be granted to the following people, officials, or agencies only for the following limited purposes: (1) A court official or employee for the purpose of compiling information, administering assessment tools, preparing reports, and assisting children and families with accessing identified services and programs. The court official or employee may disclose relevant information, but not the actual assessment reports or materials, to professionals or other agency providers as needed to assist the child and family in accessing services and programs; (2) An attorney for the child to use in representing the child or a guardian ad litem for the child for use in representing the child's best interests; or (3) The child who is the subject of the assessment report and the child's parent or legal guardian. (c) A juvenile court judge, magistrate, or district attorney general may be provided with a limited report concerning a child adjudicated delinquent. The limited report may contain service recommendations developed from the assessment report for the purpose of reviewing the appropriateness of the recommendations. (d) A juvenile court judge or magistrate may hear testimony regarding the contents of an assessment report in a delinquency case for a child adjudicated delinquent for the limited purpose of determining appropriate services and programs for the child who is the subject of the assessment report. If such testimony is introduced, the actual assessment report and materials shall not be submitted to the court and shall not become part of the court record. (e) The materials, records, and assessment reports compiled by the juvenile court for use as discussed in this section are to be maintained separately from public court records. When a child who is the subject of such an assessment report reaches an age when they are no longer under the jurisdiction of the juvenile court, the assessment report and all materials used to compile the information in the assessment report in possession of the juvenile court shall be destroyed. (f) A violation of this section is a Class B misdemeanor. (g) As used in this section, "assessment report" means a report compiled by the juvenile court assessment team. (h) This section shall apply to any assessment report or materials used in the creation of an assessment report in juvenile courts located in any county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census, and this section may be adopted by the juvenile court in any county and applied to any assessment report or materials used in the creation of an assessment report in juvenile court. Amended by 2018 Tenn. Acts, ch. 1052,s 38, eff. 7/1/2018. Added by 2016 Tenn. Acts, ch. 833,s 1, eff. 4/21/2016.
(a) All reports and materials compiled by the juvenile court in connection with an assessment report shall be confidential, shall not be public record, and shall not be disclosed, except as specifically authorized by this section. Except for purposes directly connected with this section, a person shall not disclose, receive, make use of, authorize, or knowingly permit the use of assessment reports and related materials. Assessment reports and related materials shall not be subject to any court subpoena.
(b) Access to assessment reports and materials shall be granted to the following people, officials, or agencies only for the following limited purposes: (1) A court official or employee for the purpose of compiling information, administering assessment tools, preparing reports, and assisting children and families with accessing identified services and programs. The court official or employee may disclose relevant information, but not the actual assessment reports or materials, to professionals or other agency providers as needed to assist the child and family in accessing services and programs; (2) An attorney for the child to use in representing the child or a guardian ad litem for the child for use in representing the child's best interests; or (3) The child who is the subject of the assessment report and the child's parent or legal guardian.
(1) A court official or employee for the purpose of compiling information, administering assessment tools, preparing reports, and assisting children and families with accessing identified services and programs. The court official or employee may disclose relevant information, but not the actual assessment reports or materials, to professionals or other agency providers as needed to assist the child and family in accessing services and programs;
(2) An attorney for the child to use in representing the child or a guardian ad litem for the child for use in representing the child's best interests; or
(3) The child who is the subject of the assessment report and the child's parent or legal guardian.
(c) A juvenile court judge, magistrate, or district attorney general may be provided with a limited report concerning a child adjudicated delinquent. The limited report may contain service recommendations developed from the assessment report for the purpose of reviewing the appropriateness of the recommendations.
(d) A juvenile court judge or magistrate may hear testimony regarding the contents of an assessment report in a delinquency case for a child adjudicated delinquent for the limited purpose of determining appropriate services and programs for the child who is the subject of the assessment report. If such testimony is introduced, the actual assessment report and materials shall not be submitted to the court and shall not become part of the court record.
(e) The materials, records, and assessment reports compiled by the juvenile court for use as discussed in this section are to be maintained separately from public court records. When a child who is the subject of such an assessment report reaches an age when they are no longer under the jurisdiction of the juvenile court, the assessment report and all materials used to compile the information in the assessment report in possession of the juvenile court shall be destroyed.
(f) A violation of this section is a Class B misdemeanor.
(g) As used in this section, "assessment report" means a report compiled by the juvenile court assessment team.
(h) This section shall apply to any assessment report or materials used in the creation of an assessment report in juvenile courts located in any county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census, and this section may be adopted by the juvenile court in any county and applied to any assessment report or materials used in the creation of an assessment report in juvenile court.
Amended by 2018 Tenn. Acts, ch. 1052,s 38, eff. 7/1/2018.
Added by 2016 Tenn. Acts, ch. 833,s 1, eff. 4/21/2016.
Tenn. Code Ann. § 37-1-165 — TN Code / Title 37 / Chapter 1 / Section 37-1-165
Contracts among counties to pool juvenile justice supplements
Status: in_force

Any two (2) or more contiguous counties may contract to pool the state juvenile justice supplements received by such counties through the commission on children and youth in order to provide more effective and efficient provision of services, including the employment of one (1) or more persons to provide full-time assistance throughout the contracting counties. Any combination of counties may so contract, but where feasible, counties desiring to pool their supplements should attempt to act within the judicial district of which they constitute a part. Acts 1985 (1st Ex. Sess.), ch. 6, § 5.
Any two (2) or more contiguous counties may contract to pool the state juvenile justice supplements received by such counties through the commission on children and youth in order to provide more effective and efficient provision of services, including the employment of one (1) or more persons to provide full-time assistance throughout the contracting counties. Any combination of counties may so contract, but where feasible, counties desiring to pool their supplements should attempt to act within the judicial district of which they constitute a part.
Acts 1985 (1st Ex. Sess.), ch. 6, § 5.
Tenn. Code Ann. § 37-2-405 — TN Code / Title 37 / Chapter 2 / Section 37-2-405
Adoption of guidelines
Status: in_force

The department of children's services may, by regulation, adopt and prepare additional guidelines for the plans required of agencies; however, no such guidelines shall apply to a licensed child care agency if not applicable to the department. All plans established for the child shall contain at least the following: (1) The purpose for which the child has been placed in foster care; (2) The estimated length of time in which the purpose of foster care will be accomplished; (3) The description of services that are to be provided in order for the purpose of foster care to be accomplished, including those services to be provided to the family; (4) The person within the department or agency who is directly responsible for assuring that the plan is implemented; and (5) A list of services available from other state programs or agencies. Amended by 2023 Tenn. Acts, ch. 187, s 11, eff. 7/1/2023. Acts 1976, ch. 731, § 3; 1979, ch. 272, § 3; 1983, ch. 438, § 19; T.C.A., § 37-1504; Acts 1988, ch. 979, § 4; 1996, ch. 1079, § 73; 2000, ch. 981, § 51; 2010 , ch. 842, § 6.
The department of children's services may, by regulation, adopt and prepare additional guidelines for the plans required of agencies; however, no such guidelines shall apply to a licensed child care agency if not applicable to the department. All plans established for the child shall contain at least the following:
(1) The purpose for which the child has been placed in foster care;
(2) The estimated length of time in which the purpose of foster care will be accomplished;
(3) The description of services that are to be provided in order for the purpose of foster care to be accomplished, including those services to be provided to the family;
(4) The person within the department or agency who is directly responsible for assuring that the plan is implemented; and
(5) A list of services available from other state programs or agencies.
Amended by 2023 Tenn. Acts, ch. 187, s 11, eff. 7/1/2023.
Acts 1976, ch. 731, § 3; 1979, ch. 272, § 3; 1983, ch. 438, § 19; T.C.A., § 37-1504; Acts 1988, ch. 979, § 4; 1996, ch. 1079, § 73; 2000, ch. 981, § 51; 2010 , ch. 842, § 6.
Tenn. Code Ann. § 37-1-156 — TN Code / Title 37 / Chapter 1 / Section 37-1-156
Contributing to delinquency - Penalty - Jurisdiction of court
Status: in_force

(a) (1) Any adult who contributes to or encourages the delinquency or unruly behavior of a child, whether by aiding or abetting or encouraging the child in the commission of an act of delinquency or unruly conduct or by participating as a principal with the child in an act of delinquency, unruly conduct or by aiding the child in concealing an act of delinquency or unruly conduct following its commission, commits a Class A misdemeanor, triable in the circuit or criminal court. (2) An adult convicted of a violation of this section shall be sentenced to the county jail or workhouse to serve one hundred percent (100%) of the maximum authorized sentence for a Class A misdemeanor if: (A) The adult's conduct constituting a violation of this section involves supplying, giving, furnishing, selling, or permitting a child to buy or obtain, a product or substance that is unlawful for the child to possess; and (B) As a proximate result of the product or substance, the child engages in conduct that causes the death of another. (b) When any juvenile judge shall have reasonable ground to believe that any person is guilty of having contributed to the delinquency or unruly conduct of a child, such judge shall cause the person to be arrested and brought before such judge. In such case, when the defendant pleads not guilty, the juvenile court judge has the power to bind the defendant over to the grand jury or to proceed to hear the case on its merits without the intervention of a jury if the defendant requests the hearing in juvenile court and expressly waives in writing an indictment, presentment, grand jury investigation and jury trial. In the event the defendant enters a plea of guilty, the juvenile court judge has the same power as the circuit or criminal court in making final disposition of the case. (c) (1) If a child is found delinquent a second or subsequent time for conduct that constitutes the offense of vandalism under § 39-14-408 , and the property vandalized is owned, operated, maintained or used by a governmental or other public entity, the parent or legal guardian of that child is in violation of this section. (2) It is a defense to a violation of this subsection (c) if the parent or guardian demonstrates to the court that all reasonable means available were taken to prevent the child from engaging in the prohibited conduct. (3) In lieu of the punishment prescribed in subsection (a), if the court finds that the parent or guardian of the delinquent child is in violation of this subsection (c), it may order the parent or guardian to repair, repaint, clean, refurbish or replace the property damaged as a result of the vandalism. If the damage does not lend itself to repair or cleaning, or if there is a legitimate reason why the parent or guardian is unable to do so, the court, in its discretion, may allow the parent or guardian to pay to have the damage repaired or replaced. If the parent or guardian is indigent and cannot afford to replace the damaged property, the court shall order the indigent parent or guardian to perform other community service work for which the parent or guardian is better suited. (4) A violation of this subsection (c) may be heard and determined by the juvenile court. (5) As a dispositional option for the delinquent act of vandalism, the court may also require the child responsible for the vandalism to assist in the repair or cleaning of the damage along with the child's parent or guardian. Acts 1970, ch. 600, § 54; T.C.A., § 37-254; Acts 1989, ch. 591, § 111; 2007, ch. 353, § 1; 2010, ch. 1116, § 2.
(a) (1) Any adult who contributes to or encourages the delinquency or unruly behavior of a child, whether by aiding or abetting or encouraging the child in the commission of an act of delinquency or unruly conduct or by participating as a principal with the child in an act of delinquency, unruly conduct or by aiding the child in concealing an act of delinquency or unruly conduct following its commission, commits a Class A misdemeanor, triable in the circuit or criminal court. (2) An adult convicted of a violation of this section shall be sentenced to the county jail or workhouse to serve one hundred percent (100%) of the maximum authorized sentence for a Class A misdemeanor if: (A) The adult's conduct constituting a violation of this section involves supplying, giving, furnishing, selling, or permitting a child to buy or obtain, a product or substance that is unlawful for the child to possess; and (B) As a proximate result of the product or substance, the child engages in conduct that causes the death of another.
(1) Any adult who contributes to or encourages the delinquency or unruly behavior of a child, whether by aiding or abetting or encouraging the child in the commission of an act of delinquency or unruly conduct or by participating as a principal with the child in an act of delinquency, unruly conduct or by aiding the child in concealing an act of delinquency or unruly conduct following its commission, commits a Class A misdemeanor, triable in the circuit or criminal court.
(2) An adult convicted of a violation of this section shall be sentenced to the county jail or workhouse to serve one hundred percent (100%) of the maximum authorized sentence for a Class A misdemeanor if: (A) The adult's conduct constituting a violation of this section involves supplying, giving, furnishing, selling, or permitting a child to buy or obtain, a product or substance that is unlawful for the child to possess; and (B) As a proximate result of the product or substance, the child engages in conduct that causes the death of another.
(A) The adult's conduct constituting a violation of this section involves supplying, giving, furnishing, selling, or permitting a child to buy or obtain, a product or substance that is unlawful for the child to possess; and
(B) As a proximate result of the product or substance, the child engages in conduct that causes the death of another.
(b) When any juvenile judge shall have reasonable ground to believe that any person is guilty of having contributed to the delinquency or unruly conduct of a child, such judge shall cause the person to be arrested and brought before such judge. In such case, when the defendant pleads not guilty, the juvenile court judge has the power to bind the defendant over to the grand jury or to proceed to hear the case on its merits without the intervention of a jury if the defendant requests the hearing in juvenile court and expressly waives in writing an indictment, presentment, grand jury investigation and jury trial. In the event the defendant enters a plea of guilty, the juvenile court judge has the same power as the circuit or criminal court in making final disposition of the case.
(c) (1) If a child is found delinquent a second or subsequent time for conduct that constitutes the offense of vandalism under § 39-14-408 , and the property vandalized is owned, operated, maintained or used by a governmental or other public entity, the parent or legal guardian of that child is in violation of this section. (2) It is a defense to a violation of this subsection (c) if the parent or guardian demonstrates to the court that all reasonable means available were taken to prevent the child from engaging in the prohibited conduct. (3) In lieu of the punishment prescribed in subsection (a), if the court finds that the parent or guardian of the delinquent child is in violation of this subsection (c), it may order the parent or guardian to repair, repaint, clean, refurbish or replace the property damaged as a result of the vandalism. If the damage does not lend itself to repair or cleaning, or if there is a legitimate reason why the parent or guardian is unable to do so, the court, in its discretion, may allow the parent or guardian to pay to have the damage repaired or replaced. If the parent or guardian is indigent and cannot afford to replace the damaged property, the court shall order the indigent parent or guardian to perform other community service work for which the parent or guardian is better suited. (4) A violation of this subsection (c) may be heard and determined by the juvenile court. (5) As a dispositional option for the delinquent act of vandalism, the court may also require the child responsible for the vandalism to assist in the repair or cleaning of the damage along with the child's parent or guardian.
(1) If a child is found delinquent a second or subsequent time for conduct that constitutes the offense of vandalism under § 39-14-408 , and the property vandalized is owned, operated, maintained or used by a governmental or other public entity, the parent or legal guardian of that child is in violation of this section.
(2) It is a defense to a violation of this subsection (c) if the parent or guardian demonstrates to the court that all reasonable means available were taken to prevent the child from engaging in the prohibited conduct.
(3) In lieu of the punishment prescribed in subsection (a), if the court finds that the parent or guardian of the delinquent child is in violation of this subsection (c), it may order the parent or guardian to repair, repaint, clean, refurbish or replace the property damaged as a result of the vandalism. If the damage does not lend itself to repair or cleaning, or if there is a legitimate reason why the parent or guardian is unable to do so, the court, in its discretion, may allow the parent or guardian to pay to have the damage repaired or replaced. If the parent or guardian is indigent and cannot afford to replace the damaged property, the court shall order the indigent parent or guardian to perform other community service work for which the parent or guardian is better suited.
(4) A violation of this subsection (c) may be heard and determined by the juvenile court.
(5) As a dispositional option for the delinquent act of vandalism, the court may also require the child responsible for the vandalism to assist in the repair or cleaning of the damage along with the child's parent or guardian.
Acts 1970, ch. 600, § 54; T.C.A., § 37-254; Acts 1989, ch. 591, § 111; 2007, ch. 353, § 1; 2010, ch. 1116, § 2.
Tenn. Code Ann. § 37-3-406 — TN Code / Title 37 / Chapter 3 / Section 37-3-406
Application for funds - Authorization
Status: in_force

The director is authorized to make application for and to receive federal funds and funds from any public or private source. Acts 1970, ch. 602, § 6; T.C.A., § 37-1306.
The director is authorized to make application for and to receive federal funds and funds from any public or private source.
Acts 1970, ch. 602, § 6; T.C.A., § 37-1306.
Tenn. Code Ann. § 37-5-606 — TN Code / Title 37 / Chapter 5 / Section 37-5-606
Training and information
Status: in_force

Before the demonstration program is instituted in an area, the department shall assure that all personnel in the program in that area are thoroughly trained in matters relating to their role in the program, utilizing, to the extent possible, existing training resources for each profession. The training shall include information on the culturally diverse community, including, but not limited to, religious, dietary, and education requirements of families affected by this part. At a minimum, training should be provided to all departmental personnel involved in the demonstration project, including case managers. In addition, the department shall offer training to community-based service providers, attorneys, prosecutors, guardians ad litem, judges, and law enforcement personnel. Informational materials concerning the demonstration program should be prepared for families and their attorneys. Acts 2005, ch. 391, § 7.
Before the demonstration program is instituted in an area, the department shall assure that all personnel in the program in that area are thoroughly trained in matters relating to their role in the program, utilizing, to the extent possible, existing training resources for each profession. The training shall include information on the culturally diverse community, including, but not limited to, religious, dietary, and education requirements of families affected by this part. At a minimum, training should be provided to all departmental personnel involved in the demonstration project, including case managers. In addition, the department shall offer training to community-based service providers, attorneys, prosecutors, guardians ad litem, judges, and law enforcement personnel. Informational materials concerning the demonstration program should be prepared for families and their attorneys.
Acts 2005, ch. 391, § 7.
Tenn. Code Ann. § 37-1-408 — TN Code / Title 37 / Chapter 1 / Section 37-1-408
Development of guidelines for identifying and reporting signs of child abuse, child sexual abuse, and human trafficking of children - Annual child abuse training program for teachers
Status: in_force

(a) (1) By January 1, 2019, the department of children's services shall develop guidelines on the best practices for identifying and reporting signs of child abuse, child sexual abuse, and human trafficking in which the victim is a child. The department of education shall use the guidelines to identify child abuse training programs appropriate for teachers. The programs identified by the department of education must train teachers on the common signs of child abuse, child sexual abuse, and human trafficking in which the victim is a child; how to identify children at risk of abuse, sexual abuse, or human trafficking; maintenance of professional and appropriate relationships with students; and the requirements for reporting suspected child abuse and sexual misconduct. (2) The department of children's services shall publish the guidelines as provided in this subsection (a) on the department's website. (b) Each LEA and each public charter school shall ensure that employees working directly with students of the respective LEA or public charter school complete a child abuse training program identified by the department of education pursuant to subsection (a), or a training program that meets the guidelines established by the department of children's services pursuant to subsection (a), as part of the employee's annual in-service training. Each LEA and each public charter school shall annually report its compliance with this section to the department of education. Amended by 2022 Tenn. Acts, ch. 841, s 1, eff. 4/20/2022. Amended by 2021 Tenn. Acts, ch. 408, s 1, eff. 5/12/2021. Added by 2018 Tenn. Acts, ch. 983, s 1, eff. 5/21/2018.
(a) (1) By January 1, 2019, the department of children's services shall develop guidelines on the best practices for identifying and reporting signs of child abuse, child sexual abuse, and human trafficking in which the victim is a child. The department of education shall use the guidelines to identify child abuse training programs appropriate for teachers. The programs identified by the department of education must train teachers on the common signs of child abuse, child sexual abuse, and human trafficking in which the victim is a child; how to identify children at risk of abuse, sexual abuse, or human trafficking; maintenance of professional and appropriate relationships with students; and the requirements for reporting suspected child abuse and sexual misconduct. (2) The department of children's services shall publish the guidelines as provided in this subsection (a) on the department's website.
(1) By January 1, 2019, the department of children's services shall develop guidelines on the best practices for identifying and reporting signs of child abuse, child sexual abuse, and human trafficking in which the victim is a child. The department of education shall use the guidelines to identify child abuse training programs appropriate for teachers. The programs identified by the department of education must train teachers on the common signs of child abuse, child sexual abuse, and human trafficking in which the victim is a child; how to identify children at risk of abuse, sexual abuse, or human trafficking; maintenance of professional and appropriate relationships with students; and the requirements for reporting suspected child abuse and sexual misconduct.
(2) The department of children's services shall publish the guidelines as provided in this subsection (a) on the department's website.
(b) Each LEA and each public charter school shall ensure that employees working directly with students of the respective LEA or public charter school complete a child abuse training program identified by the department of education pursuant to subsection (a), or a training program that meets the guidelines established by the department of children's services pursuant to subsection (a), as part of the employee's annual in-service training. Each LEA and each public charter school shall annually report its compliance with this section to the department of education.
Amended by 2022 Tenn. Acts, ch. 841, s 1, eff. 4/20/2022.
Amended by 2021 Tenn. Acts, ch. 408, s 1, eff. 5/12/2021.
Added by 2018 Tenn. Acts, ch. 983, s 1, eff. 5/21/2018.
Tenn. Code Ann. § 37-5-213 — TN Code / Title 37 / Chapter 5 / Section 37-5-213
Authorized courses of instruction
Status: in_force

The commissioner is authorized to institute within the youth development centers courses of instruction for: (1) High school equivalency credential approved by the state board of education; and (2) Vocational and occupational training. Amended by 2023 Tenn. Acts, ch. 114, s 6, eff. 7/1/2023. Acts 2007 , ch. 195, § 1.
The commissioner is authorized to institute within the youth development centers courses of instruction for:
(1) High school equivalency credential approved by the state board of education; and
(2) Vocational and occupational training.
Amended by 2023 Tenn. Acts, ch. 114, s 6, eff. 7/1/2023.
Acts 2007 , ch. 195, § 1.
Tenn. Code Ann. § 37-2-317 — TN Code / Title 37 / Chapter 2 / Section 37-2-317
Investigation by department of human services
Status: in_force

The department of human services, by its agents, has the power to enter, visit and investigate any licensed receiving home at any and all reasonable times without prior notice of its intentions so to do. Acts 1949, ch. 222, § 14; C. Supp. 1950, § 4746.14 (Williams, § 4765.132); impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 37-617.
The department of human services, by its agents, has the power to enter, visit and investigate any licensed receiving home at any and all reasonable times without prior notice of its intentions so to do.
Acts 1949, ch. 222, § 14; C. Supp. 1950, § 4746.14 (Williams, § 4765.132); impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 37-617.
Tenn. Code Ann. § 37-5-124 — TN Code / Title 37 / Chapter 5 / Section 37-5-124
Disclosure of the death or near fatality of persons in the custody of the department of children's services
Status: in_force

(a) The commissioner of children's services shall provide a report of the fatality or near fatality of: (1) Any child in the custody of the department; (2) Any child who is the subject of an ongoing investigation by child protective services or has been the subject of an investigation by child protective services within the forty-five (45) days immediately preceding the child's fatality or near fatality; or (3) Any child whose fatality or near fatality resulted in an investigation of the safety and well-being of another child in the home; within ten (10) business days of the fatality or near fatality of such child to the members of the senate and house of representatives representing the child. The district attorney for the judicial district in which the child was located must also receive a copy of the report provided to the legislators and may communicate with the legislators representing the child about the report and its contents or about any other otherwise confidential information that the legislators may have acquired pursuant to § 37-5-107(d) . (b) The legislators representing the child shall be determined by the home address of the child. If the child was not a resident of Tennessee prior to being placed in the custody of the department, the legislators representing the child shall be determined by the address of the residence or facility in which the child was located at the time of the child's fatality or near fatality. (c) For the purposes of this section, "near fatality" shall have the same meaning as in § 37-5-107 . (d) The department of children's services, county medical examiners, chief medical examiners, and facilities that perform autopsies, pursuant to § 38-7-105 , must establish policies and procedures for the prioritization of the completion of final autopsy reports for fatalities described in subsection (a). Amended by 2024 Tenn. Acts, ch. 881,s 1, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 64, s 34, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 472, s 1, eff. 5/24/2019. Amended by 2019 Tenn. Acts, ch. 345, s 44, eff. 5/10/2019. Acts 2005, ch. 168, § 2; 2010 , ch. 1031, § 1; 2011 , ch. 410, § 3(t).
(a) The commissioner of children's services shall provide a report of the fatality or near fatality of: (1) Any child in the custody of the department; (2) Any child who is the subject of an ongoing investigation by child protective services or has been the subject of an investigation by child protective services within the forty-five (45) days immediately preceding the child's fatality or near fatality; or (3) Any child whose fatality or near fatality resulted in an investigation of the safety and well-being of another child in the home; within ten (10) business days of the fatality or near fatality of such child to the members of the senate and house of representatives representing the child. The district attorney for the judicial district in which the child was located must also receive a copy of the report provided to the legislators and may communicate with the legislators representing the child about the report and its contents or about any other otherwise confidential information that the legislators may have acquired pursuant to § 37-5-107(d) .
(1) Any child in the custody of the department;
(2) Any child who is the subject of an ongoing investigation by child protective services or has been the subject of an investigation by child protective services within the forty-five (45) days immediately preceding the child's fatality or near fatality; or
(3) Any child whose fatality or near fatality resulted in an investigation of the safety and well-being of another child in the home; within ten (10) business days of the fatality or near fatality of such child to the members of the senate and house of representatives representing the child. The district attorney for the judicial district in which the child was located must also receive a copy of the report provided to the legislators and may communicate with the legislators representing the child about the report and its contents or about any other otherwise confidential information that the legislators may have acquired pursuant to § 37-5-107(d) .
within ten (10) business days of the fatality or near fatality of such child to the members of the senate and house of representatives representing the child. The district attorney for the judicial district in which the child was located must also receive a copy of the report provided to the legislators and may communicate with the legislators representing the child about the report and its contents or about any other otherwise confidential information that the legislators may have acquired pursuant to § 37-5-107(d) .
(b) The legislators representing the child shall be determined by the home address of the child. If the child was not a resident of Tennessee prior to being placed in the custody of the department, the legislators representing the child shall be determined by the address of the residence or facility in which the child was located at the time of the child's fatality or near fatality.
(c) For the purposes of this section, "near fatality" shall have the same meaning as in § 37-5-107 .
(d) The department of children's services, county medical examiners, chief medical examiners, and facilities that perform autopsies, pursuant to § 38-7-105 , must establish policies and procedures for the prioritization of the completion of final autopsy reports for fatalities described in subsection (a).
Amended by 2024 Tenn. Acts, ch. 881,s 1, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 64, s 34, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 472, s 1, eff. 5/24/2019.
Amended by 2019 Tenn. Acts, ch. 345, s 44, eff. 5/10/2019.
Acts 2005, ch. 168, § 2; 2010 , ch. 1031, § 1; 2011 , ch. 410, § 3(t).
Tenn. Code Ann. § 37-2-418 — TN Code / Title 37 / Chapter 2 / Section 37-2-418
Reasonable and prudent parent standard - Definitions - Application - Liability
Status: in_force

(a) As used in this section: (1) "Age- or developmentally-appropriate" means: (A) Activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group; and (B) In the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child; (2) "Caregiver" means the child's foster parent, whether the child is in a family foster home or a therapeutic foster home, or the designated official at a child-placing agency; and (3) "Reasonable and prudent parent standard" means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interest of a child while also encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the department to participate in age- or developmentally-appropriate extracurricular, enrichment, cultural, and social activities. (b) Every child-placing agency that makes the determinations in subsection (c) shall designate an on-site official who is authorized to apply the reasonable and prudent parent standard and assist a caregiver in application of the reasonable and prudent parent standard. (c) A caregiver shall use the reasonable and prudent parent standard when determining whether to allow a child in foster care to participate in extracurricular, enrichment, cultural, and social activities. (d) The caregiver and the child-placing agency, if applicable, shall not be liable for injuries to the child that occur as a result of acting in accordance with the reasonable and prudent parent standard. Any caregiver or child-placing agency acting in good faith in compliance with the reasonable and prudent parent standard shall be immune from civil liability arising from such action. (e) The immunity provided in subsection (d) shall not apply if the injuries to the child were caused by gross negligence, willful or wanton conduct, or intentional wrongdoing. Any liability under this subsection (e) that may be attributable to the department or any of its employees shall be strictly adjudicated before the claims commission pursuant to title 9, chapter 8, part 3, as applicable. Added by 2016 Tenn. Acts, ch. 679,s 1, eff. 3/29/2016.
(a) As used in this section: (1) "Age- or developmentally-appropriate" means: (A) Activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group; and (B) In the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child; (2) "Caregiver" means the child's foster parent, whether the child is in a family foster home or a therapeutic foster home, or the designated official at a child-placing agency; and (3) "Reasonable and prudent parent standard" means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interest of a child while also encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the department to participate in age- or developmentally-appropriate extracurricular, enrichment, cultural, and social activities.
(1) "Age- or developmentally-appropriate" means: (A) Activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group; and (B) In the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child;
(A) Activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group; and
(B) In the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child;
(2) "Caregiver" means the child's foster parent, whether the child is in a family foster home or a therapeutic foster home, or the designated official at a child-placing agency; and
(3) "Reasonable and prudent parent standard" means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interest of a child while also encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the department to participate in age- or developmentally-appropriate extracurricular, enrichment, cultural, and social activities.
(b) Every child-placing agency that makes the determinations in subsection (c) shall designate an on-site official who is authorized to apply the reasonable and prudent parent standard and assist a caregiver in application of the reasonable and prudent parent standard.
(c) A caregiver shall use the reasonable and prudent parent standard when determining whether to allow a child in foster care to participate in extracurricular, enrichment, cultural, and social activities.
(d) The caregiver and the child-placing agency, if applicable, shall not be liable for injuries to the child that occur as a result of acting in accordance with the reasonable and prudent parent standard. Any caregiver or child-placing agency acting in good faith in compliance with the reasonable and prudent parent standard shall be immune from civil liability arising from such action.
(e) The immunity provided in subsection (d) shall not apply if the injuries to the child were caused by gross negligence, willful or wanton conduct, or intentional wrongdoing. Any liability under this subsection (e) that may be attributable to the department or any of its employees shall be strictly adjudicated before the claims commission pursuant to title 9, chapter 8, part 3, as applicable.
Added by 2016 Tenn. Acts, ch. 679,s 1, eff. 3/29/2016.
Tenn. Code Ann. § 37-1-807 — TN Code / Title 37 / Chapter 1 / Section 37-1-807
Monetary support of the child - How child claimed for tax purposes
Status: in_force

(a) Nothing under this part shall preclude the permanent guardian from receiving money paid for the child's support to the child's parent under the terms of any statutory benefit or insurance system or any private contract, settlement, agreement, court order, devise, trust, conservatorship, or custodianship, and money or property of the child. (b) In the event the income and assets of the parent qualify the child for government benefits, the benefits may be conferred upon the child with the payment to be made to the permanent guardian. The provision of necessities by the permanent guardian shall not disqualify the child for any benefit or entitlement. (c) The court may order and decree that the parent or other legally obligated person shall pay, in such manner as the court may direct, a reasonable sum that will cover, in whole or in part, the support and medical treatment of the child after the permanent guardianship order is entered. If the parent or other legally obligated person willfully fails or refuses to pay such sum, the court may proceed against that person for contempt, or may file the order, which shall have the effect of a civil judgment. (d) If applicable, in the order the court shall provide how the child should be claimed as a dependent for the federal income tax purposes. Acts 2005, ch. 389, § 1.
(a) Nothing under this part shall preclude the permanent guardian from receiving money paid for the child's support to the child's parent under the terms of any statutory benefit or insurance system or any private contract, settlement, agreement, court order, devise, trust, conservatorship, or custodianship, and money or property of the child.
(b) In the event the income and assets of the parent qualify the child for government benefits, the benefits may be conferred upon the child with the payment to be made to the permanent guardian. The provision of necessities by the permanent guardian shall not disqualify the child for any benefit or entitlement.
(c) The court may order and decree that the parent or other legally obligated person shall pay, in such manner as the court may direct, a reasonable sum that will cover, in whole or in part, the support and medical treatment of the child after the permanent guardianship order is entered. If the parent or other legally obligated person willfully fails or refuses to pay such sum, the court may proceed against that person for contempt, or may file the order, which shall have the effect of a civil judgment.
(d) If applicable, in the order the court shall provide how the child should be claimed as a dependent for the federal income tax purposes.
Acts 2005, ch. 389, § 1.
Tenn. Code Ann. § 37-5-111 — TN Code / Title 37 / Chapter 5 / Section 37-5-111
Funds
Status: in_force

The department, through its commissioner, shall have the authority to receive, administer, allocate, disburse and supervise any grants and funds from whatever sources, including, but not limited to, the federal, state, county and municipal governments on a state, regional, county or any other basis, with respect to any programs or responsibilities outlined in this chapter or assigned to the department by law, regulation or order. Exercise of this authority shall not be inconsistent with laws or regulations governing the appropriation and disbursement of funds as administered by the department of finance and administration. Acts 1996, ch. 1079, § 12.
The department, through its commissioner, shall have the authority to receive, administer, allocate, disburse and supervise any grants and funds from whatever sources, including, but not limited to, the federal, state, county and municipal governments on a state, regional, county or any other basis, with respect to any programs or responsibilities outlined in this chapter or assigned to the department by law, regulation or order. Exercise of this authority shall not be inconsistent with laws or regulations governing the appropriation and disbursement of funds as administered by the department of finance and administration.
Acts 1996, ch. 1079, § 12.
Tenn. Code Ann. § 37-1-187 — TN Code / Title 37 / Chapter 1 / Section 37-1-187
Quality statewide data collection
Status: in_force

(a) As used in this section: (1) "Delinquent case" means a court proceeding concerning an alleged delinquent act or delinquent acts resulting in a charge or charges against a child arising out of a single episode; (2) "Diversion" means the resolution of a delinquent case or unruly case through informal adjustment, pretrial diversion, or judicial diversion; (3) "Episode" means a delinquent act or group of delinquent acts occurring as part of a continuous sequence, which may involve multiple victims; (4) "Original offense" means a prior delinquent case or unruly case resulting in: (A) Informal adjustment; (B) Pretrial diversion; (C) Judicial diversion; or (D) Adjudication that the child was delinquent or unruly; (5) "Out-of-home placement" means a court-ordered removal of a child from the child's residence while awaiting a court hearing or as part of an order of disposition in a delinquent case or unruly case, including, but not limited to, transfer of temporary legal custody or grant of permanent guardianship that results in a change of residence, commitment to the department of children's services, or placement in an institution, home, or other facility operated under the direction of the court or other local public authority; (6) "Probation" means a court-ordered disposition in a delinquent case or unruly case in which a child is retained in the community, rather than removed to an out-of-home placement. Probation may be unsupervised or supervised by the court, the department of children's services, any person or agency designated by the court, or the court of another state, under conditions and limitations prescribed by the court in consultation with the supervising authority; (7) "Re-offense" means a subsequent case in which a child is adjudicated delinquent or found unruly based upon conduct occurring within twelve (12) months of the ending date of the diversion, probation, or out-of-home placement resulting from the original offense; and (8) "Unruly case" means a proceeding concerning an act or set of acts that result in a child being alleged to be an unruly child. (b) A probation violation is included as part of the delinquent case or unruly case that resulted in the court order placing the child on probation; provided, that if the probation placement resulted from more than one (1) case, the violation must be included only as part of the case containing the most serious offense. A failure to appear is included as part of the delinquent case or unruly case that resulted in the court order requiring the child's appearance; provided, that if the order requiring the child's appearance resulted from more than one (1) case, the violation must be included only as part of the case containing the most serious offense. (c) Juvenile courts shall assign each child alleged to be delinquent or unruly a unique child identification (ID) number, which the court shall use with respect to each proceeding involving that child. (d) Each juvenile court, through the juvenile court clerk or juvenile court staff, shall, each month, in a format prescribed by the administrative office of the courts, report to the administrative office of the courts the following information: (1) Each new delinquent case or unruly case in which a child is charged, including: (A) The date the case was filed or opened; (B) The statutory offense or offenses charged; (C) The child's unique child ID number; (D) The unique case or docket number, which shall not be the child's unique child ID number; and (E) The child's name, date of birth, race, sex, ethnicity, and social security number; and (2) For each case reported pursuant to subdivision (d)(1), the following information, as applicable, along with the unique case or docket number: (A) For cases that result in diversion, the date the child was placed on diversion, the type of diversion, the ending date for the diversion, and whether the diversion was successfully completed; (B) The date the child was adjudicated delinquent or found unruly, and on which offenses, or the date the case was dismissed; (C) For cases in which the child was adjudicated delinquent, the date the child's validated risk and needs assessment was completed pursuant to § 37-1-164 ; (D) The date the case was closed, transferred to another juvenile court, transferred to the criminal court of competent jurisdiction, dismissed, or otherwise disposed of; (E) For cases that result in probation, the date the child was placed on probation, the type of probation, the ending date of the probation, and whether the probation was successfully completed; (F) For cases that result in a court-ordered out-of-home placement, the date of the out-of-home placement, the type of out-of-home placement, and the ending date of the out-of-home placement; (G) Any post-adjudication detention ordered pursuant to § 37-1-131(a)(3) , including the length of detention ordered; and (H) For cases that result in a petition alleging a probation violation, the date the violation petition was filed, whether the violation petition resulted in diversion or adjudication, the date of the diversion or adjudication, the type of diversion or, if there was an adjudication, whether the violation was sustained or dismissed. (e) The department of mental health and substance abuse services shall, each month, regarding cases in which a juvenile court refers a child to receive services provided by grantees funded through appropriations to the department under the Juvenile Justice Reform Act of 2018, report to the administrative office of the courts the following information: (1) The number of children served; (2) The age, race, sex, and county of residence of the children served; and (3) In the case of each child, whether the services were successfully completed or terminated due to unsuccessful completion. (f) Identifying information received by the administrative office of the courts is confidential; must not be published, released, or otherwise disseminated; and must be maintained in accordance with state and federal laws and regulations regarding confidentiality. The administrative office of the courts may make such data available to properly concerned agencies and individuals, or to any person upon request, but any such publication or release of data must be limited to nonidentifying information. The administrative office of the courts shall develop guidelines and procedures to expunge identifying information collected on juveniles; provided, that such expunction may occur only after the juvenile reaches the age that is beyond jurisdiction of the juvenile court. (g) Nothing in this section mandates any change in a county's decision regarding the division of reporting responsibility between the juvenile court clerk and the youth services officer or any other juvenile court staff member. (h) By October 1 of each year, the administrative office of the courts shall file a report listing each juvenile court, if any, that is not in compliance with the requirements of this section. The report must include the dates of noncompliance and steps that could be taken to bring the court into compliance. The administrative office of the courts shall file the report with: (1) The juvenile court judge for the court that is not in compliance with this section; and (2) The chairs of the judiciary committee of the senate and the civil justice committee of the house of representatives. Amended by 2024 Tenn. Acts, ch. 685,s 1, eff. 4/11/2024. Added by 2021 Tenn. Acts, ch. 184, s 1, eff. 7/1/2021.
(a) As used in this section: (1) "Delinquent case" means a court proceeding concerning an alleged delinquent act or delinquent acts resulting in a charge or charges against a child arising out of a single episode; (2) "Diversion" means the resolution of a delinquent case or unruly case through informal adjustment, pretrial diversion, or judicial diversion; (3) "Episode" means a delinquent act or group of delinquent acts occurring as part of a continuous sequence, which may involve multiple victims; (4) "Original offense" means a prior delinquent case or unruly case resulting in: (A) Informal adjustment; (B) Pretrial diversion; (C) Judicial diversion; or (D) Adjudication that the child was delinquent or unruly; (5) "Out-of-home placement" means a court-ordered removal of a child from the child's residence while awaiting a court hearing or as part of an order of disposition in a delinquent case or unruly case, including, but not limited to, transfer of temporary legal custody or grant of permanent guardianship that results in a change of residence, commitment to the department of children's services, or placement in an institution, home, or other facility operated under the direction of the court or other local public authority; (6) "Probation" means a court-ordered disposition in a delinquent case or unruly case in which a child is retained in the community, rather than removed to an out-of-home placement. Probation may be unsupervised or supervised by the court, the department of children's services, any person or agency designated by the court, or the court of another state, under conditions and limitations prescribed by the court in consultation with the supervising authority; (7) "Re-offense" means a subsequent case in which a child is adjudicated delinquent or found unruly based upon conduct occurring within twelve (12) months of the ending date of the diversion, probation, or out-of-home placement resulting from the original offense; and (8) "Unruly case" means a proceeding concerning an act or set of acts that result in a child being alleged to be an unruly child.
(1) "Delinquent case" means a court proceeding concerning an alleged delinquent act or delinquent acts resulting in a charge or charges against a child arising out of a single episode;
(2) "Diversion" means the resolution of a delinquent case or unruly case through informal adjustment, pretrial diversion, or judicial diversion;
(3) "Episode" means a delinquent act or group of delinquent acts occurring as part of a continuous sequence, which may involve multiple victims;
(4) "Original offense" means a prior delinquent case or unruly case resulting in: (A) Informal adjustment; (B) Pretrial diversion; (C) Judicial diversion; or (D) Adjudication that the child was delinquent or unruly;
(A) Informal adjustment;
(B) Pretrial diversion;
(C) Judicial diversion; or
(D) Adjudication that the child was delinquent or unruly;
(5) "Out-of-home placement" means a court-ordered removal of a child from the child's residence while awaiting a court hearing or as part of an order of disposition in a delinquent case or unruly case, including, but not limited to, transfer of temporary legal custody or grant of permanent guardianship that results in a change of residence, commitment to the department of children's services, or placement in an institution, home, or other facility operated under the direction of the court or other local public authority;
(6) "Probation" means a court-ordered disposition in a delinquent case or unruly case in which a child is retained in the community, rather than removed to an out-of-home placement. Probation may be unsupervised or supervised by the court, the department of children's services, any person or agency designated by the court, or the court of another state, under conditions and limitations prescribed by the court in consultation with the supervising authority;
(7) "Re-offense" means a subsequent case in which a child is adjudicated delinquent or found unruly based upon conduct occurring within twelve (12) months of the ending date of the diversion, probation, or out-of-home placement resulting from the original offense; and
(8) "Unruly case" means a proceeding concerning an act or set of acts that result in a child being alleged to be an unruly child.
(b) A probation violation is included as part of the delinquent case or unruly case that resulted in the court order placing the child on probation; provided, that if the probation placement resulted from more than one (1) case, the violation must be included only as part of the case containing the most serious offense. A failure to appear is included as part of the delinquent case or unruly case that resulted in the court order requiring the child's appearance; provided, that if the order requiring the child's appearance resulted from more than one (1) case, the violation must be included only as part of the case containing the most serious offense.
(c) Juvenile courts shall assign each child alleged to be delinquent or unruly a unique child identification (ID) number, which the court shall use with respect to each proceeding involving that child.
(d) Each juvenile court, through the juvenile court clerk or juvenile court staff, shall, each month, in a format prescribed by the administrative office of the courts, report to the administrative office of the courts the following information: (1) Each new delinquent case or unruly case in which a child is charged, including: (A) The date the case was filed or opened; (B) The statutory offense or offenses charged; (C) The child's unique child ID number; (D) The unique case or docket number, which shall not be the child's unique child ID number; and (E) The child's name, date of birth, race, sex, ethnicity, and social security number; and (2) For each case reported pursuant to subdivision (d)(1), the following information, as applicable, along with the unique case or docket number: (A) For cases that result in diversion, the date the child was placed on diversion, the type of diversion, the ending date for the diversion, and whether the diversion was successfully completed; (B) The date the child was adjudicated delinquent or found unruly, and on which offenses, or the date the case was dismissed; (C) For cases in which the child was adjudicated delinquent, the date the child's validated risk and needs assessment was completed pursuant to § 37-1-164 ; (D) The date the case was closed, transferred to another juvenile court, transferred to the criminal court of competent jurisdiction, dismissed, or otherwise disposed of; (E) For cases that result in probation, the date the child was placed on probation, the type of probation, the ending date of the probation, and whether the probation was successfully completed; (F) For cases that result in a court-ordered out-of-home placement, the date of the out-of-home placement, the type of out-of-home placement, and the ending date of the out-of-home placement; (G) Any post-adjudication detention ordered pursuant to § 37-1-131(a)(3) , including the length of detention ordered; and (H) For cases that result in a petition alleging a probation violation, the date the violation petition was filed, whether the violation petition resulted in diversion or adjudication, the date of the diversion or adjudication, the type of diversion or, if there was an adjudication, whether the violation was sustained or dismissed.
(1) Each new delinquent case or unruly case in which a child is charged, including: (A) The date the case was filed or opened; (B) The statutory offense or offenses charged; (C) The child's unique child ID number; (D) The unique case or docket number, which shall not be the child's unique child ID number; and (E) The child's name, date of birth, race, sex, ethnicity, and social security number; and
(A) The date the case was filed or opened;
(B) The statutory offense or offenses charged;
(C) The child's unique child ID number;
(D) The unique case or docket number, which shall not be the child's unique child ID number; and
(E) The child's name, date of birth, race, sex, ethnicity, and social security number; and
(2) For each case reported pursuant to subdivision (d)(1), the following information, as applicable, along with the unique case or docket number: (A) For cases that result in diversion, the date the child was placed on diversion, the type of diversion, the ending date for the diversion, and whether the diversion was successfully completed; (B) The date the child was adjudicated delinquent or found unruly, and on which offenses, or the date the case was dismissed; (C) For cases in which the child was adjudicated delinquent, the date the child's validated risk and needs assessment was completed pursuant to § 37-1-164 ; (D) The date the case was closed, transferred to another juvenile court, transferred to the criminal court of competent jurisdiction, dismissed, or otherwise disposed of; (E) For cases that result in probation, the date the child was placed on probation, the type of probation, the ending date of the probation, and whether the probation was successfully completed; (F) For cases that result in a court-ordered out-of-home placement, the date of the out-of-home placement, the type of out-of-home placement, and the ending date of the out-of-home placement; (G) Any post-adjudication detention ordered pursuant to § 37-1-131(a)(3) , including the length of detention ordered; and (H) For cases that result in a petition alleging a probation violation, the date the violation petition was filed, whether the violation petition resulted in diversion or adjudication, the date of the diversion or adjudication, the type of diversion or, if there was an adjudication, whether the violation was sustained or dismissed.
(A) For cases that result in diversion, the date the child was placed on diversion, the type of diversion, the ending date for the diversion, and whether the diversion was successfully completed;
(B) The date the child was adjudicated delinquent or found unruly, and on which offenses, or the date the case was dismissed;
(C) For cases in which the child was adjudicated delinquent, the date the child's validated risk and needs assessment was completed pursuant to § 37-1-164 ;
(D) The date the case was closed, transferred to another juvenile court, transferred to the criminal court of competent jurisdiction, dismissed, or otherwise disposed of;
(E) For cases that result in probation, the date the child was placed on probation, the type of probation, the ending date of the probation, and whether the probation was successfully completed;
(F) For cases that result in a court-ordered out-of-home placement, the date of the out-of-home placement, the type of out-of-home placement, and the ending date of the out-of-home placement;
(G) Any post-adjudication detention ordered pursuant to § 37-1-131(a)(3) , including the length of detention ordered; and
(H) For cases that result in a petition alleging a probation violation, the date the violation petition was filed, whether the violation petition resulted in diversion or adjudication, the date of the diversion or adjudication, the type of diversion or, if there was an adjudication, whether the violation was sustained or dismissed.
(e) The department of mental health and substance abuse services shall, each month, regarding cases in which a juvenile court refers a child to receive services provided by grantees funded through appropriations to the department under the Juvenile Justice Reform Act of 2018, report to the administrative office of the courts the following information: (1) The number of children served; (2) The age, race, sex, and county of residence of the children served; and (3) In the case of each child, whether the services were successfully completed or terminated due to unsuccessful completion.
(1) The number of children served;
(2) The age, race, sex, and county of residence of the children served; and
(3) In the case of each child, whether the services were successfully completed or terminated due to unsuccessful completion.
(f) Identifying information received by the administrative office of the courts is confidential; must not be published, released, or otherwise disseminated; and must be maintained in accordance with state and federal laws and regulations regarding confidentiality. The administrative office of the courts may make such data available to properly concerned agencies and individuals, or to any person upon request, but any such publication or release of data must be limited to nonidentifying information. The administrative office of the courts shall develop guidelines and procedures to expunge identifying information collected on juveniles; provided, that such expunction may occur only after the juvenile reaches the age that is beyond jurisdiction of the juvenile court.
(g) Nothing in this section mandates any change in a county's decision regarding the division of reporting responsibility between the juvenile court clerk and the youth services officer or any other juvenile court staff member.
(h) By October 1 of each year, the administrative office of the courts shall file a report listing each juvenile court, if any, that is not in compliance with the requirements of this section. The report must include the dates of noncompliance and steps that could be taken to bring the court into compliance. The administrative office of the courts shall file the report with: (1) The juvenile court judge for the court that is not in compliance with this section; and (2) The chairs of the judiciary committee of the senate and the civil justice committee of the house of representatives.
(1) The juvenile court judge for the court that is not in compliance with this section; and
(2) The chairs of the judiciary committee of the senate and the civil justice committee of the house of representatives.
Amended by 2024 Tenn. Acts, ch. 685,s 1, eff. 4/11/2024.
Added by 2021 Tenn. Acts, ch. 184, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 37-5-120 — TN Code / Title 37 / Chapter 5 / Section 37-5-120
Library region - Creation
Status: in_force

There is created a library region to be composed of the youth development centers under the control of the department. Acts 1989, ch. 278, § 10; T.C.A., § 4-3-2625 ; Acts 1996, ch. 1079, § 25.
There is created a library region to be composed of the youth development centers under the control of the department.
Acts 1989, ch. 278, § 10; T.C.A., § 4-3-2625 ; Acts 1996, ch. 1079, § 25.
Tenn. Code Ann. § 37-1-173 — TN Code / Title 37 / Chapter 1 / Section 37-1-173
Individualized case plans and behavior responses
Status: in_force

(a) An individualized case plan shall be developed by the department or supervising authority for every child adjudicated for a delinquent or unruly offense. The case plan shall be updated as appropriate and, in the case of a delinquent offense, shall be informed by the results of a validated risk and needs assessment. (b) (1) For any child ordered to probation supervision pursuant to § 37-1-131 or § 37-1-132 , the supervising authority shall develop and implement an individualized case plan in consultation with the child's parents, guardian, or legal custodian, the child's school, and other appropriate parties, and, for delinquent offenses, such plan shall be based upon the results of a validated risk and needs assessment conducted within seven (7) days of the court's disposition, excluding nonjudicial days. (2) The person or persons supervising probation shall work with the child and the child's parents, guardian, or legal custodian, and other appropriate parties to implement the case plan following disposition. (3) At a minimum, the case plan shall: (A) Identify the actions to be taken by the child and, if appropriate, the child's parents, guardian, or legal custodian, and other appropriate parties to ensure future lawful conduct and compliance with the court's order of disposition; and (B) Identify the services to be offered and provided to the child and, if appropriate, the child's parents, guardian, or legal custodian, and other appropriate parties, including, where appropriate: (i) Mental health and substance abuse services; (ii) Education services; (iii) Individual, group, and family counseling services; (iv) Victim or community restitution; and (v) Services to address other relevant concerns identified by the supervising authority. (c) (1) For any child committed to the department for a delinquent offense, the department shall ensure, in conjunction with any service provider, that it develops and implements an individualized case plan based upon the recommendations of the child, the child's parents, guardian, or custodian, and other appropriate parties and the results of the validated risk and needs assessment. The case plan shall cover the child's period of commitment to the department as well as home placement supervision. (2) The department shall work with the child, the child's parents, guardian, or legal custodian, other appropriate parties, and the child's service provider to implement the case plan. (3) At a minimum, the case plan shall: (A) Specify treatment goals and the actions to be taken by the child in order to demonstrate satisfactory attainment of each goal; (B) Specify the services to be offered and provided by the department and any service provider; and (C) Ensure appropriate reintegration of the child to the child's parents, guardian, or legal custodian, other appropriate parties, the child's school, and the community following the satisfactory completion of the case plan treatment goals, with a protocol and timeline for engaging the child's parents, guardian, or legal custodian prior to the release of the child. (d) The department and each juvenile court providing supervision services shall adopt a behavior response system that incorporates the following principles: (1) Behavior responses to children on all types of supervision should be swift, certain, and proportionate and provide for a continuum of options to address violations of the terms and conditions of supervision as well as incentivize positive behaviors on supervision; and (2) Behavior responses should be targeted to the child's risk and needs and to the severity of the violation of the terms and conditions of supervision. (e) The behavior response system shall be utilized by all supervising authorities involved in the juvenile justice system and in administering behavior responses on probation, home placement supervision, diversion, or any other type of supervision. The supervising authorities shall use the least restrictive behavior responses, and all violations and positive behaviors shall be documented in the child's individual case plan within three (3) days of occurrence, excluding nonjudicial days, including the type of violation or positive behavior, the response, and the results of the response. Added by 2018 Tenn. Acts, ch. 1052,s 49, eff. 7/1/2019.
(a) An individualized case plan shall be developed by the department or supervising authority for every child adjudicated for a delinquent or unruly offense. The case plan shall be updated as appropriate and, in the case of a delinquent offense, shall be informed by the results of a validated risk and needs assessment.
(b) (1) For any child ordered to probation supervision pursuant to § 37-1-131 or § 37-1-132 , the supervising authority shall develop and implement an individualized case plan in consultation with the child's parents, guardian, or legal custodian, the child's school, and other appropriate parties, and, for delinquent offenses, such plan shall be based upon the results of a validated risk and needs assessment conducted within seven (7) days of the court's disposition, excluding nonjudicial days. (2) The person or persons supervising probation shall work with the child and the child's parents, guardian, or legal custodian, and other appropriate parties to implement the case plan following disposition. (3) At a minimum, the case plan shall: (A) Identify the actions to be taken by the child and, if appropriate, the child's parents, guardian, or legal custodian, and other appropriate parties to ensure future lawful conduct and compliance with the court's order of disposition; and (B) Identify the services to be offered and provided to the child and, if appropriate, the child's parents, guardian, or legal custodian, and other appropriate parties, including, where appropriate: (i) Mental health and substance abuse services; (ii) Education services; (iii) Individual, group, and family counseling services; (iv) Victim or community restitution; and (v) Services to address other relevant concerns identified by the supervising authority.
(1) For any child ordered to probation supervision pursuant to § 37-1-131 or § 37-1-132 , the supervising authority shall develop and implement an individualized case plan in consultation with the child's parents, guardian, or legal custodian, the child's school, and other appropriate parties, and, for delinquent offenses, such plan shall be based upon the results of a validated risk and needs assessment conducted within seven (7) days of the court's disposition, excluding nonjudicial days.
(2) The person or persons supervising probation shall work with the child and the child's parents, guardian, or legal custodian, and other appropriate parties to implement the case plan following disposition.
(3) At a minimum, the case plan shall: (A) Identify the actions to be taken by the child and, if appropriate, the child's parents, guardian, or legal custodian, and other appropriate parties to ensure future lawful conduct and compliance with the court's order of disposition; and (B) Identify the services to be offered and provided to the child and, if appropriate, the child's parents, guardian, or legal custodian, and other appropriate parties, including, where appropriate: (i) Mental health and substance abuse services; (ii) Education services; (iii) Individual, group, and family counseling services; (iv) Victim or community restitution; and (v) Services to address other relevant concerns identified by the supervising authority.
(A) Identify the actions to be taken by the child and, if appropriate, the child's parents, guardian, or legal custodian, and other appropriate parties to ensure future lawful conduct and compliance with the court's order of disposition; and
(B) Identify the services to be offered and provided to the child and, if appropriate, the child's parents, guardian, or legal custodian, and other appropriate parties, including, where appropriate: (i) Mental health and substance abuse services; (ii) Education services; (iii) Individual, group, and family counseling services; (iv) Victim or community restitution; and (v) Services to address other relevant concerns identified by the supervising authority.
(i) Mental health and substance abuse services;
(ii) Education services;
(iii) Individual, group, and family counseling services;
(iv) Victim or community restitution; and
(v) Services to address other relevant concerns identified by the supervising authority.
(c) (1) For any child committed to the department for a delinquent offense, the department shall ensure, in conjunction with any service provider, that it develops and implements an individualized case plan based upon the recommendations of the child, the child's parents, guardian, or custodian, and other appropriate parties and the results of the validated risk and needs assessment. The case plan shall cover the child's period of commitment to the department as well as home placement supervision. (2) The department shall work with the child, the child's parents, guardian, or legal custodian, other appropriate parties, and the child's service provider to implement the case plan. (3) At a minimum, the case plan shall: (A) Specify treatment goals and the actions to be taken by the child in order to demonstrate satisfactory attainment of each goal; (B) Specify the services to be offered and provided by the department and any service provider; and (C) Ensure appropriate reintegration of the child to the child's parents, guardian, or legal custodian, other appropriate parties, the child's school, and the community following the satisfactory completion of the case plan treatment goals, with a protocol and timeline for engaging the child's parents, guardian, or legal custodian prior to the release of the child.
(1) For any child committed to the department for a delinquent offense, the department shall ensure, in conjunction with any service provider, that it develops and implements an individualized case plan based upon the recommendations of the child, the child's parents, guardian, or custodian, and other appropriate parties and the results of the validated risk and needs assessment. The case plan shall cover the child's period of commitment to the department as well as home placement supervision.
(2) The department shall work with the child, the child's parents, guardian, or legal custodian, other appropriate parties, and the child's service provider to implement the case plan.
(3) At a minimum, the case plan shall: (A) Specify treatment goals and the actions to be taken by the child in order to demonstrate satisfactory attainment of each goal; (B) Specify the services to be offered and provided by the department and any service provider; and (C) Ensure appropriate reintegration of the child to the child's parents, guardian, or legal custodian, other appropriate parties, the child's school, and the community following the satisfactory completion of the case plan treatment goals, with a protocol and timeline for engaging the child's parents, guardian, or legal custodian prior to the release of the child.
(A) Specify treatment goals and the actions to be taken by the child in order to demonstrate satisfactory attainment of each goal;
(B) Specify the services to be offered and provided by the department and any service provider; and
(C) Ensure appropriate reintegration of the child to the child's parents, guardian, or legal custodian, other appropriate parties, the child's school, and the community following the satisfactory completion of the case plan treatment goals, with a protocol and timeline for engaging the child's parents, guardian, or legal custodian prior to the release of the child.
(d) The department and each juvenile court providing supervision services shall adopt a behavior response system that incorporates the following principles: (1) Behavior responses to children on all types of supervision should be swift, certain, and proportionate and provide for a continuum of options to address violations of the terms and conditions of supervision as well as incentivize positive behaviors on supervision; and (2) Behavior responses should be targeted to the child's risk and needs and to the severity of the violation of the terms and conditions of supervision.
(1) Behavior responses to children on all types of supervision should be swift, certain, and proportionate and provide for a continuum of options to address violations of the terms and conditions of supervision as well as incentivize positive behaviors on supervision; and
(2) Behavior responses should be targeted to the child's risk and needs and to the severity of the violation of the terms and conditions of supervision.
(e) The behavior response system shall be utilized by all supervising authorities involved in the juvenile justice system and in administering behavior responses on probation, home placement supervision, diversion, or any other type of supervision. The supervising authorities shall use the least restrictive behavior responses, and all violations and positive behaviors shall be documented in the child's individual case plan within three (3) days of occurrence, excluding nonjudicial days, including the type of violation or positive behavior, the response, and the results of the response.
Added by 2018 Tenn. Acts, ch. 1052,s 49, eff. 7/1/2019.
Tenn. Code Ann. § 37-1-907 — TN Code / Title 37 / Chapter 1 / Section 37-1-907
Application for grants not precluded
Status: in_force

This part does not preclude the ability of a safe baby court to apply for and receive matching monetary grants in addition to funds allotted to safe baby court programs from the department of children's services, the department of mental health and substance abuse services, and the administrative office of the courts. Added by 2019 Tenn. Acts, ch. 383, s 7, eff. 5/10/2019.
This part does not preclude the ability of a safe baby court to apply for and receive matching monetary grants in addition to funds allotted to safe baby court programs from the department of children's services, the department of mental health and substance abuse services, and the administrative office of the courts.
Added by 2019 Tenn. Acts, ch. 383, s 7, eff. 5/10/2019.
Tenn. Code Ann. § 37-2-407 — TN Code / Title 37 / Chapter 2 / Section 37-2-407
Department of children's services - Duties
Status: in_force

The department of children's services shall prepare suggestions for review procedures that may be used by each advisory review board. Such suggested procedures may provide a basis for uniform review procedure throughout this state. Acts 1976, ch. 731, § 5; T.C.A., § 37-1506; Acts 1996, ch. 1079, § 73.
The department of children's services shall prepare suggestions for review procedures that may be used by each advisory review board. Such suggested procedures may provide a basis for uniform review procedure throughout this state.
Acts 1976, ch. 731, § 5; T.C.A., § 37-1506; Acts 1996, ch. 1079, § 73.
Tenn. Code Ann. § 37-3-109 — TN Code / Title 37 / Chapter 3 / Section 37-3-109
Transfer of functions
Status: in_force

(a) The provisions of § 4-29-114 shall not apply to this part. (b) All staff, staff positions, offices, equipment, supplies, property, funds and other resources of the children's services commission and the juvenile justice commission shall be transferred to the commission on children and youth. (c) The commission on children and youth shall be subject to the provisions of § 4-29-118(a) . Acts 1988, ch. 979, § 3.
(a) The provisions of § 4-29-114 shall not apply to this part.
(b) All staff, staff positions, offices, equipment, supplies, property, funds and other resources of the children's services commission and the juvenile justice commission shall be transferred to the commission on children and youth.
(c) The commission on children and youth shall be subject to the provisions of § 4-29-118(a) .
Acts 1988, ch. 979, § 3.
Tenn. Code Ann. § 37-5-119 — TN Code / Title 37 / Chapter 5 / Section 37-5-119
Youth development centers - Special school district - Administration - Teachers
Status: in_force

(a) The youth development centers and any other facilities deemed appropriate by the commissioner shall be a special school district, which shall be given the same funding consideration for federal funds that school districts within the state are given. (b) The schools within such youth development centers and any other facilities deemed appropriate by the commissioner shall be under the control of the commissioner who shall serve as the board of education and director of schools for such district. (c) (1) The schools shall meet the requirements of the law for public schools and rules and regulations of the state board of education. (2) The commissioner of education may grant waivers for such provisions of the laws and regulations with which the schools cannot comply because of the function of the youth development centers and any other facilities deemed appropriate by the commissioner on an annual basis and in response to the commissioner's of children's services written request and justification. Such exceptions shall be in writing. (d) (1) Each teacher in the special school district must receive an annual compensation rate at the start of the teacher's employment in the special school district that is no less than the average annual compensation rate for teachers in the county in which the respective youth development center is located. (2) Each teacher in the special school district who has completed an annual performance review cycle on or before July 1, 2023, is eligible for merit pay, salary increases, bonuses, and other benefits implemented after July 1, 2023, in the same manner as other preferred service employees. (3) Teachers in the special school district are eligible for longevity pay consistent with title 8, chapter 23, part 2. (4) This subsection (d) shall not be construed to reduce the compensation currently paid to a teacher in the special school district. (e) The commissioner of children's services shall develop and implement a plan whereby there shall be sufficient substitute teachers available for temporary service as needed for each school composing the special school district. (f) (1) Nothing in the language of this section shall be construed as prohibiting any local school district from issuing a diploma to a resident of a youth development center and any other facilities deemed appropriate by the commissioner, upon certification of the principal of a youth center school. (2) School records of any juvenile in the correctional programs who is issued a diploma by a local school district shall be maintained by such local school district; provided, that all references to the juvenile's commitment to and treatment by the department of children's services are expunged. (g) The special school district of youth development centers and any other facilities deemed appropriate by the commissioner under the department shall have the powers, privileges and authority exercised or capable of exercise by any other school district. (h) The effect of this section shall not be to provide state funds to the special school district of youth development centers and any other facilities deemed appropriate by the commissioner under the department of children's services through the Tennessee investment in student achievement formula (TISA). Amended by 2023 Tenn. Acts, ch. 84, s 1, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 966, s 98, eff. 7/1/2023. Acts 1989, ch. 278, § 9; T.C.A., § 4-3-2620 ; Acts 1996, ch. 1079, § 23.
(a) The youth development centers and any other facilities deemed appropriate by the commissioner shall be a special school district, which shall be given the same funding consideration for federal funds that school districts within the state are given.
(b) The schools within such youth development centers and any other facilities deemed appropriate by the commissioner shall be under the control of the commissioner who shall serve as the board of education and director of schools for such district.
(c) (1) The schools shall meet the requirements of the law for public schools and rules and regulations of the state board of education. (2) The commissioner of education may grant waivers for such provisions of the laws and regulations with which the schools cannot comply because of the function of the youth development centers and any other facilities deemed appropriate by the commissioner on an annual basis and in response to the commissioner's of children's services written request and justification. Such exceptions shall be in writing.
(1) The schools shall meet the requirements of the law for public schools and rules and regulations of the state board of education.
(2) The commissioner of education may grant waivers for such provisions of the laws and regulations with which the schools cannot comply because of the function of the youth development centers and any other facilities deemed appropriate by the commissioner on an annual basis and in response to the commissioner's of children's services written request and justification. Such exceptions shall be in writing.
(d) (1) Each teacher in the special school district must receive an annual compensation rate at the start of the teacher's employment in the special school district that is no less than the average annual compensation rate for teachers in the county in which the respective youth development center is located. (2) Each teacher in the special school district who has completed an annual performance review cycle on or before July 1, 2023, is eligible for merit pay, salary increases, bonuses, and other benefits implemented after July 1, 2023, in the same manner as other preferred service employees. (3) Teachers in the special school district are eligible for longevity pay consistent with title 8, chapter 23, part 2. (4) This subsection (d) shall not be construed to reduce the compensation currently paid to a teacher in the special school district.
(1) Each teacher in the special school district must receive an annual compensation rate at the start of the teacher's employment in the special school district that is no less than the average annual compensation rate for teachers in the county in which the respective youth development center is located.
(2) Each teacher in the special school district who has completed an annual performance review cycle on or before July 1, 2023, is eligible for merit pay, salary increases, bonuses, and other benefits implemented after July 1, 2023, in the same manner as other preferred service employees.
(3) Teachers in the special school district are eligible for longevity pay consistent with title 8, chapter 23, part 2.
(4) This subsection (d) shall not be construed to reduce the compensation currently paid to a teacher in the special school district.
(e) The commissioner of children's services shall develop and implement a plan whereby there shall be sufficient substitute teachers available for temporary service as needed for each school composing the special school district.
(f) (1) Nothing in the language of this section shall be construed as prohibiting any local school district from issuing a diploma to a resident of a youth development center and any other facilities deemed appropriate by the commissioner, upon certification of the principal of a youth center school. (2) School records of any juvenile in the correctional programs who is issued a diploma by a local school district shall be maintained by such local school district; provided, that all references to the juvenile's commitment to and treatment by the department of children's services are expunged.
(1) Nothing in the language of this section shall be construed as prohibiting any local school district from issuing a diploma to a resident of a youth development center and any other facilities deemed appropriate by the commissioner, upon certification of the principal of a youth center school.
(2) School records of any juvenile in the correctional programs who is issued a diploma by a local school district shall be maintained by such local school district; provided, that all references to the juvenile's commitment to and treatment by the department of children's services are expunged.
(g) The special school district of youth development centers and any other facilities deemed appropriate by the commissioner under the department shall have the powers, privileges and authority exercised or capable of exercise by any other school district.
(h) The effect of this section shall not be to provide state funds to the special school district of youth development centers and any other facilities deemed appropriate by the commissioner under the department of children's services through the Tennessee investment in student achievement formula (TISA).
Amended by 2023 Tenn. Acts, ch. 84, s 1, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 966, s 98, eff. 7/1/2023.
Acts 1989, ch. 278, § 9; T.C.A., § 4-3-2620 ; Acts 1996, ch. 1079, § 23.
Tenn. Code Ann. § 37-5-505 — TN Code / Title 37 / Chapter 5 / Section 37-5-505
Receiving children
Status: in_force

Child caring institutions, and child placing agencies, family boarding homes, group care homes or foster homes, when licensed in accordance with this part, may receive needy or dependent children from their parents or legal guardians for special, temporary or continued care. The parents or guardians may sign releases or agreements giving to such institutions or agencies custody and control of the persons of such children during the period of such care, which may be extended until the children arrive at legal age, or they may surrender such children to a licensed child placing agency for purposes of adoption, such surrender to be in conformity with the provisions of the law governing the surrender of children for adoption. Acts 2000, ch. 981, § 23.
Child caring institutions, and child placing agencies, family boarding homes, group care homes or foster homes, when licensed in accordance with this part, may receive needy or dependent children from their parents or legal guardians for special, temporary or continued care. The parents or guardians may sign releases or agreements giving to such institutions or agencies custody and control of the persons of such children during the period of such care, which may be extended until the children arrive at legal age, or they may surrender such children to a licensed child placing agency for purposes of adoption, such surrender to be in conformity with the provisions of the law governing the surrender of children for adoption.
Acts 2000, ch. 981, § 23.
Tenn. Code Ann. § 37-4-202 — TN Code / Title 37 / Chapter 4 / Section 37-4-202
Compact terms defined
Status: in_force

(a) As used in paragraph (a) of Article V of the Interstate Compact on the Placement of Children, "appropriate authority in the receiving state," with reference to this state, means the department of children's services. (b) "Appropriate public authorities," as used in Article III of the Interstate Compact on the Placement of Children, means, with reference to this state, the department of children's services shall receive and act with reference to notices required by Article III. (c) As used in Article VII of the Interstate Compact on the Placement of Children, "executive head" means the governor. Acts 1974, ch. 477, §§ 3, 4, 8; impl. am. Acts 1975, ch. 219, § 1; T.C.A., §§ 37-1402 -- 37-1404; Acts 1996, ch. 1079, § 73.
(a) As used in paragraph (a) of Article V of the Interstate Compact on the Placement of Children, "appropriate authority in the receiving state," with reference to this state, means the department of children's services.
(b) "Appropriate public authorities," as used in Article III of the Interstate Compact on the Placement of Children, means, with reference to this state, the department of children's services shall receive and act with reference to notices required by Article III.
(c) As used in Article VII of the Interstate Compact on the Placement of Children, "executive head" means the governor.
Acts 1974, ch. 477, §§ 3, 4, 8; impl. am. Acts 1975, ch. 219, § 1; T.C.A., §§ 37-1402 -- 37-1404; Acts 1996, ch. 1079, § 73.
Tenn. Code Ann. § 37-5-401 — TN Code / Title 37 / Chapter 5 / Section 37-5-401
Consent required for importation of child
Status: in_force

No person, agency, association, institution or corporation shall bring or send into this state any child for the purpose of giving the child's custody to some person, institution, corporation or agency in the state, or procuring its adoption by some person in the state without first obtaining the written consent of the department of human services. Williams, § 4727.1; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-505, 14-9-201; T.C.A., § 71-3-401; Acts 1996, ch. 1079, § 157.
No person, agency, association, institution or corporation shall bring or send into this state any child for the purpose of giving the child's custody to some person, institution, corporation or agency in the state, or procuring its adoption by some person in the state without first obtaining the written consent of the department of human services.
Williams, § 4727.1; impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-505, 14-9-201; T.C.A., § 71-3-401; Acts 1996, ch. 1079, § 157.
Tenn. Code Ann. § 37-1-308 — TN Code / Title 37 / Chapter 1 / Section 37-1-308
Application for habeas corpus - When allowed
Status: in_force

An application for a writ of habeas corpus on behalf of a petitioner entitled to apply pursuant to this part shall not be entertained if it appears that the applicant has failed to apply for relief pursuant to this part with the chancery or circuit court in the county of commitment, unless the petitioner establishes that an application under this part would be inadequate or ineffective. Acts 1978, ch. 750, § 8; 1980, ch. 752, § 2; T.C.A., § 37-1708.
An application for a writ of habeas corpus on behalf of a petitioner entitled to apply pursuant to this part shall not be entertained if it appears that the applicant has failed to apply for relief pursuant to this part with the chancery or circuit court in the county of commitment, unless the petitioner establishes that an application under this part would be inadequate or ineffective.
Acts 1978, ch. 750, § 8; 1980, ch. 752, § 2; T.C.A., § 37-1708.
Tenn. Code Ann. § 37-1-608 — TN Code / Title 37 / Chapter 1 / Section 37-1-608
Protective custody of children
Status: in_force

(a) A law enforcement officer, authorized person of the department, or other authorized person may take a child into custody as provided in part 1 of this chapter. (b) Any person in charge of a hospital or similar institution or any physician treating a child may keep that child in custody until the next regular weekday session of the juvenile court without the consent of the parents, legal guardian or legal custodian, whether or not additional medical treatment is required, if the circumstances are such, or if the condition of the child is such, that continuing the child in the child's place of residence or in the care or custody of the parents, legal guardian or legal custodian presents an imminent danger to the child's life or physical or mental health. Any person taking a child into protective custody shall immediately notify the department, whereupon the department shall immediately begin a child protective investigation in accordance with the provisions of § 37-1-606 , and shall make every reasonable effort to immediately notify the parents, legal guardian or legal custodian that such child has been taken into protective custody. If the department determines, according to the criteria set forth in § 37-1-114 , that the child should remain in protective custody longer than the next regular weekday session of the juvenile court, it shall petition the court for an order authorizing such custody in the same manner as if the child were placed in a shelter. The department shall attempt to avoid the placement of a child in an institution whenever possible. Acts 1985, ch. 478, § 9.
(a) A law enforcement officer, authorized person of the department, or other authorized person may take a child into custody as provided in part 1 of this chapter.
(b) Any person in charge of a hospital or similar institution or any physician treating a child may keep that child in custody until the next regular weekday session of the juvenile court without the consent of the parents, legal guardian or legal custodian, whether or not additional medical treatment is required, if the circumstances are such, or if the condition of the child is such, that continuing the child in the child's place of residence or in the care or custody of the parents, legal guardian or legal custodian presents an imminent danger to the child's life or physical or mental health. Any person taking a child into protective custody shall immediately notify the department, whereupon the department shall immediately begin a child protective investigation in accordance with the provisions of § 37-1-606 , and shall make every reasonable effort to immediately notify the parents, legal guardian or legal custodian that such child has been taken into protective custody. If the department determines, according to the criteria set forth in § 37-1-114 , that the child should remain in protective custody longer than the next regular weekday session of the juvenile court, it shall petition the court for an order authorizing such custody in the same manner as if the child were placed in a shelter. The department shall attempt to avoid the placement of a child in an institution whenever possible.
Acts 1985, ch. 478, § 9.