Tenn. Code Ann. § 37-1-507 — TN Code / Title 37 / Chapter 1 / Section 37-1-507
Program to reimburse counties for costs of inpatient mental health evaluations, examinations and detention of juveniles charged as adults - Rules and regulations
Status: in_force

(a) The council of juvenile and family court judges is authorized to establish and administer a program to reimburse counties for the costs associated with inpatient mental health evaluations and examinations conducted on juveniles charged with an offense which would constitute a felony if committed by an adult. Such a program is subject to available state funding and may include full or partial reimbursements to counties for the costs of inpatient mental health examinations or evaluations ordered by a juvenile court judge, as well as the costs of transportation of the child for a mental health examination or evaluation. The program may also include reimbursement to counties for costs of detention incurred pursuant to § 37-1-116(f) for the purposes of obtaining an outpatient evaluation or examination at a detention facility located in another county. (b) The council may adopt rules and regulations governing such a reimbursement program pursuant to § 37-1-502 . Acts 2009, ch. 593, § 1.
(a) The council of juvenile and family court judges is authorized to establish and administer a program to reimburse counties for the costs associated with inpatient mental health evaluations and examinations conducted on juveniles charged with an offense which would constitute a felony if committed by an adult. Such a program is subject to available state funding and may include full or partial reimbursements to counties for the costs of inpatient mental health examinations or evaluations ordered by a juvenile court judge, as well as the costs of transportation of the child for a mental health examination or evaluation. The program may also include reimbursement to counties for costs of detention incurred pursuant to § 37-1-116(f) for the purposes of obtaining an outpatient evaluation or examination at a detention facility located in another county.
(b) The council may adopt rules and regulations governing such a reimbursement program pursuant to § 37-1-502 .
Acts 2009, ch. 593, § 1.
Tenn. Code Ann. § 37-5-112 — TN Code / Title 37 / Chapter 5 / Section 37-5-112
Rules
Status: in_force

All current rules, regulations, orders, decisions and policies heretofore issued or promulgated by any departments of state government whose functions have been transferred under this chapter shall remain in full force and effect and shall hereafter be administered and enforced by the department. To this end, the department of children's services, through its commissioner, shall have the authority, consistent with the statutes and regulations pertaining to the programs and functions transferred herein, to modify or rescind orders, rules and regulations, decisions or policies heretofore issued and to adopt, issue or promulgate new orders, rules and regulations, decisions or policies as may be necessary for the administration of the programs or functions herein transferred. The application of rules and regulations and the policies of the department shall be uniform and consistent throughout the state. Acts 1996, ch. 1079, § 13; 2009, ch. 87, § 1.
All current rules, regulations, orders, decisions and policies heretofore issued or promulgated by any departments of state government whose functions have been transferred under this chapter shall remain in full force and effect and shall hereafter be administered and enforced by the department. To this end, the department of children's services, through its commissioner, shall have the authority, consistent with the statutes and regulations pertaining to the programs and functions transferred herein, to modify or rescind orders, rules and regulations, decisions or policies heretofore issued and to adopt, issue or promulgate new orders, rules and regulations, decisions or policies as may be necessary for the administration of the programs or functions herein transferred. The application of rules and regulations and the policies of the department shall be uniform and consistent throughout the state.
Acts 1996, ch. 1079, § 13; 2009, ch. 87, § 1.
Tenn. Code Ann. § 37-2-422 — TN Code / Title 37 / Chapter 2 / Section 37-2-422
Reimbursement of relative caregivers
Status: in_force

(a) As used in this section: (1) "Department" means the department of children's services; and (2) "Relative caregiver" means a person with a first, second, or third degree of relationship to the parent or stepparent of a child who may be related to the child through blood, marriage, or adoption. (b) The department must pay a reimbursement to eligible relative caregivers to support the cost of raising the child, in accordance with this section. (c) A relative caregiver must receive payment equal to fifty percent (50%) of the full foster care board rate for the care of a child, if the following conditions are met: (1) The child is not in state custody; (2) The relative caregiver is twenty-one (21) years of age or older; (3) The relative caregiver has been awarded custody of the child by an order of a court; (4) A parent of the child does not reside in the relative caregiver's home; (5) The relative caregiver agrees to cooperate with any child support proceedings initiated by the department of human services, including providing information relative to the establishment of paternity, if known; and (6) The relative caregiver and the child meet all other requirements as prescribed by rules promulgated by the department. (d) A payment made pursuant to this section is subject to the initial and continuing eligibility of the relative caregiver and the child, as determined by the department pursuant to this section and rules promulgated by the department. A payment made pursuant to this section is conditional upon sufficient appropriations being received by the department or other paying agency. The department may establish procedures for dispersing available funds in the event that the department or other paying agency does not receive sufficient appropriations to make payments pursuant to this section. (e) The department may establish additional requirements by rule pursuant to subdivision (c)(7); provided, that the department must not require that the child currently is or has been in custody of the department. The department must provide notice of additional requirements in writing to the relative caregiver within ten (10) days prior to the requirement's effective date. (f) Beginning February 1, 2024, and no later than February 1 following the conclusion of each calendar year during which the relative caregiver reimbursement program established under this section is in effect, the department must publish an annual report on the department's website on the payments made under this section. The report must include, but is not limited to: (1) The total amount of payments made in the previous calendar year; (2) The total number of children for whom a relative caregiver received a payment during the previous calendar year; (3) The total number of children who have entered state custody after being in the custody of a relative caregiver who received a payment during the previous calendar year; and (4) The total number of children who remain in the custody of a relative caregiver who received a payment during the previous calendar year. (g) The commissioner of children's services may promulgate rules necessary to carry out this section pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amended by 2024 Tenn. Acts, ch. 574,s 2, eff. 7/1/2024. Added by 2022 Tenn. Acts, ch. 785, s 2, eff. 1/1/2023.
(a) As used in this section: (1) "Department" means the department of children's services; and (2) "Relative caregiver" means a person with a first, second, or third degree of relationship to the parent or stepparent of a child who may be related to the child through blood, marriage, or adoption.
(1) "Department" means the department of children's services; and
(2) "Relative caregiver" means a person with a first, second, or third degree of relationship to the parent or stepparent of a child who may be related to the child through blood, marriage, or adoption.
(b) The department must pay a reimbursement to eligible relative caregivers to support the cost of raising the child, in accordance with this section.
(c) A relative caregiver must receive payment equal to fifty percent (50%) of the full foster care board rate for the care of a child, if the following conditions are met: (1) The child is not in state custody; (2) The relative caregiver is twenty-one (21) years of age or older; (3) The relative caregiver has been awarded custody of the child by an order of a court; (4) A parent of the child does not reside in the relative caregiver's home; (5) The relative caregiver agrees to cooperate with any child support proceedings initiated by the department of human services, including providing information relative to the establishment of paternity, if known; and (6) The relative caregiver and the child meet all other requirements as prescribed by rules promulgated by the department.
(1) The child is not in state custody;
(2) The relative caregiver is twenty-one (21) years of age or older;
(3) The relative caregiver has been awarded custody of the child by an order of a court;
(4) A parent of the child does not reside in the relative caregiver's home;
(5) The relative caregiver agrees to cooperate with any child support proceedings initiated by the department of human services, including providing information relative to the establishment of paternity, if known; and
(6) The relative caregiver and the child meet all other requirements as prescribed by rules promulgated by the department.
(d) A payment made pursuant to this section is subject to the initial and continuing eligibility of the relative caregiver and the child, as determined by the department pursuant to this section and rules promulgated by the department. A payment made pursuant to this section is conditional upon sufficient appropriations being received by the department or other paying agency. The department may establish procedures for dispersing available funds in the event that the department or other paying agency does not receive sufficient appropriations to make payments pursuant to this section.
(e) The department may establish additional requirements by rule pursuant to subdivision (c)(7); provided, that the department must not require that the child currently is or has been in custody of the department. The department must provide notice of additional requirements in writing to the relative caregiver within ten (10) days prior to the requirement's effective date.
(f) Beginning February 1, 2024, and no later than February 1 following the conclusion of each calendar year during which the relative caregiver reimbursement program established under this section is in effect, the department must publish an annual report on the department's website on the payments made under this section. The report must include, but is not limited to: (1) The total amount of payments made in the previous calendar year; (2) The total number of children for whom a relative caregiver received a payment during the previous calendar year; (3) The total number of children who have entered state custody after being in the custody of a relative caregiver who received a payment during the previous calendar year; and (4) The total number of children who remain in the custody of a relative caregiver who received a payment during the previous calendar year.
(1) The total amount of payments made in the previous calendar year;
(2) The total number of children for whom a relative caregiver received a payment during the previous calendar year;
(3) The total number of children who have entered state custody after being in the custody of a relative caregiver who received a payment during the previous calendar year; and
(4) The total number of children who remain in the custody of a relative caregiver who received a payment during the previous calendar year.
(g) The commissioner of children's services may promulgate rules necessary to carry out this section pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2024 Tenn. Acts, ch. 574,s 2, eff. 7/1/2024.
Added by 2022 Tenn. Acts, ch. 785, s 2, eff. 1/1/2023.
Tenn. Code Ann. § 37-5-211 — TN Code / Title 37 / Chapter 5 / Section 37-5-211
Products of youth centers - Expenditure of receipts
Status: in_force

(a) The commissioner shall keep an account of all products of the youth centers, and shall include a report of same in the commissioner's biennial report. (b) All money received from the operation of the youth centers shall be expended for the proper maintenance of the youth centers. Acts 1955, ch. 127, § 13; T.C.A., § 41-839; Acts 1989, ch. 278, § 69; T.C.A., § 41-5-117; Acts 1996, ch. 1079, § 137.
(a) The commissioner shall keep an account of all products of the youth centers, and shall include a report of same in the commissioner's biennial report.
(b) All money received from the operation of the youth centers shall be expended for the proper maintenance of the youth centers.
Acts 1955, ch. 127, § 13; T.C.A., § 41-839; Acts 1989, ch. 278, § 69; T.C.A., § 41-5-117; Acts 1996, ch. 1079, § 137.
Tenn. Code Ann. § 37-1-209 — TN Code / Title 37 / Chapter 1 / Section 37-1-209
Disbursements of moneys
Status: in_force

All moneys derived from fees, fines and costs assessed by the judge and collected by the clerk shall be paid to the county, or, in the case of a juvenile court serving more than one (1) county, revenue shall be disbursed in accordance with the contract between the various county governments. Acts 1982, ch. 934, § 9; T.C.A., § 37-269.
All moneys derived from fees, fines and costs assessed by the judge and collected by the clerk shall be paid to the county, or, in the case of a juvenile court serving more than one (1) county, revenue shall be disbursed in accordance with the contract between the various county governments.
Acts 1982, ch. 934, § 9; T.C.A., § 37-269.
Tenn. Code Ann. § 37-3-401 — TN Code / Title 37 / Chapter 3 / Section 37-3-401
Short title
Status: in_force

This part shall be known and may be cited as the "Youth Investment Act of 1970." Acts 1970, ch. 602, § 1; T.C.A., § 37-1301.
This part shall be known and may be cited as the "Youth Investment Act of 1970."
Acts 1970, ch. 602, § 1; T.C.A., § 37-1301.
Tenn. Code Ann. § 37-3-814 — TN Code / Title 37 / Chapter 3 / Section 37-3-814
Sharing of information regarding criminal violations with officials charged with investigating criminal matters
Status: in_force

If, during the course of the commission's duties under this part, the commission becomes aware of any violations of the criminal laws of this state by any person or agency, the co-chairs of the commission shall share such information with appropriate officials charged with investigating criminal matters. Acts 2010, ch. 1060, § 1.
If, during the course of the commission's duties under this part, the commission becomes aware of any violations of the criminal laws of this state by any person or agency, the co-chairs of the commission shall share such information with appropriate officials charged with investigating criminal matters.
Acts 2010, ch. 1060, § 1.
Tenn. Code Ann. § 37-10-403 — TN Code / Title 37 / Chapter 10 / Section 37-10-403
Immunity from criminal and civil liability
Status: in_force

No parent or legal guardian shall be criminally prosecuted nor civilly liable for failure to comply with the provisions of this part. Acts 1993, ch. 377, § 2.
No parent or legal guardian shall be criminally prosecuted nor civilly liable for failure to comply with the provisions of this part.
Acts 1993, ch. 377, § 2.
Tenn. Code Ann. § 37-1-901 — TN Code / Title 37 / Chapter 1 / Section 37-1-901
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Zero to Three Court Initiative." Amended by 2019 Tenn. Acts, ch. 383, s 10, eff. 5/10/2019. Added by 2017 Tenn. Acts, ch. 366, s 1, eff. 1/1/2018.
This part shall be known and may be cited as the "Tennessee Zero to Three Court Initiative."
Amended by 2019 Tenn. Acts, ch. 383, s 10, eff. 5/10/2019.
Added by 2017 Tenn. Acts, ch. 366, s 1, eff. 1/1/2018.
Tenn. Code Ann. § 37-1-147 — TN Code / Title 37 / Chapter 1 / Section 37-1-147
Termination of parental rights
Status: in_force

(a) The juvenile court shall be authorized to terminate the rights of a parent or guardian to a child upon the grounds and pursuant to the procedures set forth in title 36, chapter 1, part 1. (b) Upon entering an order to terminate parental or guardian rights to a child, the court shall award guardianship or partial guardianship of the child as provided in the relevant provisions of title 36, chapter 1, part 1. (c) The effect of the court's order terminating parental or guardian rights shall be as provided in § 36-1-113 . Acts 1970, ch. 600, § 46; 1977, ch. 482, § 6; 1981, ch. 316, § 4; 1981, ch. 348, §§ 3, 4; 1983, ch. 435, §§ 4, 5; T.C.A., § 37-246; Acts 1985, ch. 478, § 31; 1991, ch. 126, § 1; 1995, ch. 532, § 13.
(a) The juvenile court shall be authorized to terminate the rights of a parent or guardian to a child upon the grounds and pursuant to the procedures set forth in title 36, chapter 1, part 1.
(b) Upon entering an order to terminate parental or guardian rights to a child, the court shall award guardianship or partial guardianship of the child as provided in the relevant provisions of title 36, chapter 1, part 1.
(c) The effect of the court's order terminating parental or guardian rights shall be as provided in § 36-1-113 .
Acts 1970, ch. 600, § 46; 1977, ch. 482, § 6; 1981, ch. 316, § 4; 1981, ch. 348, §§ 3, 4; 1983, ch. 435, §§ 4, 5; T.C.A., § 37-246; Acts 1985, ch. 478, § 31; 1991, ch. 126, § 1; 1995, ch. 532, § 13.
Tenn. Code Ann. § 37-2-414 — TN Code / Title 37 / Chapter 2 / Section 37-2-414
Kinship Foster Care Program
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Department" means the department of children's services; and (2) "Foster parent" means any person with whom a child in the care, custody or guardianship of the department is placed for temporary or long-term care, but shall not include any persons with whom a child is placed for the purpose of adoption. (b) (1) There is established a "Kinship Foster Care Program" in the department. (2) When a child has been removed from such child's home and is in the care, custody or guardianship of the department, the department shall attempt to place the child with a relative for kinship foster care. The department shall prioritize efforts to locate an appropriate kinship foster care placement for the child for at least thirty (30) days following removal from the child's home. If the relative is approved by the department to provide foster care services, in accordance with rules and regulations adopted by the department regarding foster care services, and a placement with the relative is made, the relative may receive payment for the full foster care rate for the care of the child and any other benefits that might be available to foster parents, whether in money or in services. (3) The department shall establish, in accordance with the provisions of this section, eligibility standards for becoming a kinship foster parent. (A) Relatives within the first, second or third degree to the parent or stepparent of a child who may be related through blood, marriage or adoption may be eligible for approval as a kinship foster parent. (B) The kinship foster parent shall be twenty-one (21) years of age or older, except that if the spouse or partner of the relative is twenty-one (21) years of age or older and living in the home, and the relative is between eighteen (18) and twenty-one (21) years of age, the department may waive the age requirement. (C) (i) A person may become a kinship foster parent only upon the completion of an investigation to ascertain if there is a state or federal record of criminal history for the prospective kinship foster parent or any other adult residing in the prospective parent's home; (ii) A prospective kinship foster parent shall supply fingerprint samples and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation and the federal bureau of investigation; (iii) The Tennessee bureau of investigation shall conduct the investigation and shall make the results of the investigation available to the department in accordance with this section. The department shall maintain the confidentiality of the investigation results and shall use the results only for purposes of determining a person's eligibility to become a kinship foster parent; and (iv) It is unlawful, except for the purpose of determining a person's eligibility for kinship foster care, for any person to disclose information obtained under this subdivision (b)(3)(C). Any person violating this section commits a Class A misdemeanor. (D) The department shall determine whether the person is able to care effectively for the foster child by: (i) Reviewing personal and professional references; (ii) Observing during a home visit of the kinship foster parent with household members; and (iii) Interviewing the kinship foster parent. (4) (A) The department and the kinship foster parent shall develop a case plan for the foster care of the child. The plan shall be periodically reviewed and updated. If the plan includes the use of an approved child care center, group child care home or family child care home, the department shall pay for child care arrangements, according to established rates. (B) The kinship foster parent shall cooperate with any activities specified in the case plan for the foster child, such as counseling, therapy or court sessions, or visits with the foster child's parents or other family members. (5) The commissioner of children's services shall adopt rules and regulations necessary to carry out this section pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (6) The department shall develop and implement eligibility standards for temporary kinship placements. (c) The department of children's services and the department of disability and aging shall collaboratively design and implement a full range of educational, counseling, referral, and other services designed to encourage and support elderly foster parents and disabled relative caregivers who participate in the relative caregiver program. The collective goal of such services shall be maximization of family stability and success within the relative caregiver program. (d) When a child has been removed from the home of one (1) parent and is in the care, custody, or guardianship of the department, the department shall consider and evaluate the child's other natural or adoptive parent, if available, for placement before considering any other relative pursuant to subsection (b). The child's other natural or adoptive parent is not eligible for the kinship foster care program or any payments for kinship foster care under the program. (e) (1) Except when placement is in the best interest of the child, the department shall not place a child with, or allow a child to remain in the home of, a kinship foster parent if the kinship foster parent shares a residence with the child's parent who has had parental rights to the child terminated. (2) (A) The department of children's services shall notify the appropriate court when the department has knowledge that a foster parent from a kinship placement violated a court order by allowing a child to visit the child's parent within ninety-six (96) hours of the department's knowledge of the information. (B) (i) It is an offense for a foster parent from a kinship placement to knowingly allow a child in the foster parent's care to visit with the child's parent if the foster parent had knowledge of a current court order prohibiting the parent from visiting with the child. (ii) A first violation of subdivision (e)(2)(B)(i) is a Class C misdemeanor punishable by a fine only. (iii) A second or subsequent violation of subdivision (e)(2)(B)(i) is a Class B misdemeanor. Amended by 2024 Tenn. Acts, ch. 688,s 123, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 263, s 9, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 263, s 11, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 263, s 10, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 238, s 1, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 542, s 1, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 311, s 2, eff. 7/1/2021. Acts 1997 , ch. 170, §§ 2, 3; 2000, ch. 981, § 59; 2003 , ch. 44, § 1; 2005, ch. 196, § 1; 2011 , ch. 410, § 3(h).
(a) As used in this section, unless the context otherwise requires: (1) "Department" means the department of children's services; and (2) "Foster parent" means any person with whom a child in the care, custody or guardianship of the department is placed for temporary or long-term care, but shall not include any persons with whom a child is placed for the purpose of adoption.
(1) "Department" means the department of children's services; and
(2) "Foster parent" means any person with whom a child in the care, custody or guardianship of the department is placed for temporary or long-term care, but shall not include any persons with whom a child is placed for the purpose of adoption.
(b) (1) There is established a "Kinship Foster Care Program" in the department. (2) When a child has been removed from such child's home and is in the care, custody or guardianship of the department, the department shall attempt to place the child with a relative for kinship foster care. The department shall prioritize efforts to locate an appropriate kinship foster care placement for the child for at least thirty (30) days following removal from the child's home. If the relative is approved by the department to provide foster care services, in accordance with rules and regulations adopted by the department regarding foster care services, and a placement with the relative is made, the relative may receive payment for the full foster care rate for the care of the child and any other benefits that might be available to foster parents, whether in money or in services. (3) The department shall establish, in accordance with the provisions of this section, eligibility standards for becoming a kinship foster parent. (A) Relatives within the first, second or third degree to the parent or stepparent of a child who may be related through blood, marriage or adoption may be eligible for approval as a kinship foster parent. (B) The kinship foster parent shall be twenty-one (21) years of age or older, except that if the spouse or partner of the relative is twenty-one (21) years of age or older and living in the home, and the relative is between eighteen (18) and twenty-one (21) years of age, the department may waive the age requirement. (C) (i) A person may become a kinship foster parent only upon the completion of an investigation to ascertain if there is a state or federal record of criminal history for the prospective kinship foster parent or any other adult residing in the prospective parent's home; (ii) A prospective kinship foster parent shall supply fingerprint samples and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation and the federal bureau of investigation; (iii) The Tennessee bureau of investigation shall conduct the investigation and shall make the results of the investigation available to the department in accordance with this section. The department shall maintain the confidentiality of the investigation results and shall use the results only for purposes of determining a person's eligibility to become a kinship foster parent; and (iv) It is unlawful, except for the purpose of determining a person's eligibility for kinship foster care, for any person to disclose information obtained under this subdivision (b)(3)(C). Any person violating this section commits a Class A misdemeanor. (D) The department shall determine whether the person is able to care effectively for the foster child by: (i) Reviewing personal and professional references; (ii) Observing during a home visit of the kinship foster parent with household members; and (iii) Interviewing the kinship foster parent. (4) (A) The department and the kinship foster parent shall develop a case plan for the foster care of the child. The plan shall be periodically reviewed and updated. If the plan includes the use of an approved child care center, group child care home or family child care home, the department shall pay for child care arrangements, according to established rates. (B) The kinship foster parent shall cooperate with any activities specified in the case plan for the foster child, such as counseling, therapy or court sessions, or visits with the foster child's parents or other family members. (5) The commissioner of children's services shall adopt rules and regulations necessary to carry out this section pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (6) The department shall develop and implement eligibility standards for temporary kinship placements.
(1) There is established a "Kinship Foster Care Program" in the department.
(2) When a child has been removed from such child's home and is in the care, custody or guardianship of the department, the department shall attempt to place the child with a relative for kinship foster care. The department shall prioritize efforts to locate an appropriate kinship foster care placement for the child for at least thirty (30) days following removal from the child's home. If the relative is approved by the department to provide foster care services, in accordance with rules and regulations adopted by the department regarding foster care services, and a placement with the relative is made, the relative may receive payment for the full foster care rate for the care of the child and any other benefits that might be available to foster parents, whether in money or in services.
(3) The department shall establish, in accordance with the provisions of this section, eligibility standards for becoming a kinship foster parent. (A) Relatives within the first, second or third degree to the parent or stepparent of a child who may be related through blood, marriage or adoption may be eligible for approval as a kinship foster parent. (B) The kinship foster parent shall be twenty-one (21) years of age or older, except that if the spouse or partner of the relative is twenty-one (21) years of age or older and living in the home, and the relative is between eighteen (18) and twenty-one (21) years of age, the department may waive the age requirement. (C) (i) A person may become a kinship foster parent only upon the completion of an investigation to ascertain if there is a state or federal record of criminal history for the prospective kinship foster parent or any other adult residing in the prospective parent's home; (ii) A prospective kinship foster parent shall supply fingerprint samples and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation and the federal bureau of investigation; (iii) The Tennessee bureau of investigation shall conduct the investigation and shall make the results of the investigation available to the department in accordance with this section. The department shall maintain the confidentiality of the investigation results and shall use the results only for purposes of determining a person's eligibility to become a kinship foster parent; and (iv) It is unlawful, except for the purpose of determining a person's eligibility for kinship foster care, for any person to disclose information obtained under this subdivision (b)(3)(C). Any person violating this section commits a Class A misdemeanor. (D) The department shall determine whether the person is able to care effectively for the foster child by: (i) Reviewing personal and professional references; (ii) Observing during a home visit of the kinship foster parent with household members; and (iii) Interviewing the kinship foster parent.
(A) Relatives within the first, second or third degree to the parent or stepparent of a child who may be related through blood, marriage or adoption may be eligible for approval as a kinship foster parent.
(B) The kinship foster parent shall be twenty-one (21) years of age or older, except that if the spouse or partner of the relative is twenty-one (21) years of age or older and living in the home, and the relative is between eighteen (18) and twenty-one (21) years of age, the department may waive the age requirement.
(C) (i) A person may become a kinship foster parent only upon the completion of an investigation to ascertain if there is a state or federal record of criminal history for the prospective kinship foster parent or any other adult residing in the prospective parent's home; (ii) A prospective kinship foster parent shall supply fingerprint samples and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation and the federal bureau of investigation; (iii) The Tennessee bureau of investigation shall conduct the investigation and shall make the results of the investigation available to the department in accordance with this section. The department shall maintain the confidentiality of the investigation results and shall use the results only for purposes of determining a person's eligibility to become a kinship foster parent; and (iv) It is unlawful, except for the purpose of determining a person's eligibility for kinship foster care, for any person to disclose information obtained under this subdivision (b)(3)(C). Any person violating this section commits a Class A misdemeanor.
(i) A person may become a kinship foster parent only upon the completion of an investigation to ascertain if there is a state or federal record of criminal history for the prospective kinship foster parent or any other adult residing in the prospective parent's home;
(ii) A prospective kinship foster parent shall supply fingerprint samples and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation and the federal bureau of investigation;
(iii) The Tennessee bureau of investigation shall conduct the investigation and shall make the results of the investigation available to the department in accordance with this section. The department shall maintain the confidentiality of the investigation results and shall use the results only for purposes of determining a person's eligibility to become a kinship foster parent; and
(iv) It is unlawful, except for the purpose of determining a person's eligibility for kinship foster care, for any person to disclose information obtained under this subdivision (b)(3)(C). Any person violating this section commits a Class A misdemeanor.
(D) The department shall determine whether the person is able to care effectively for the foster child by: (i) Reviewing personal and professional references; (ii) Observing during a home visit of the kinship foster parent with household members; and (iii) Interviewing the kinship foster parent.
(i) Reviewing personal and professional references;
(ii) Observing during a home visit of the kinship foster parent with household members; and
(iii) Interviewing the kinship foster parent.
(4) (A) The department and the kinship foster parent shall develop a case plan for the foster care of the child. The plan shall be periodically reviewed and updated. If the plan includes the use of an approved child care center, group child care home or family child care home, the department shall pay for child care arrangements, according to established rates. (B) The kinship foster parent shall cooperate with any activities specified in the case plan for the foster child, such as counseling, therapy or court sessions, or visits with the foster child's parents or other family members.
(A) The department and the kinship foster parent shall develop a case plan for the foster care of the child. The plan shall be periodically reviewed and updated. If the plan includes the use of an approved child care center, group child care home or family child care home, the department shall pay for child care arrangements, according to established rates.
(B) The kinship foster parent shall cooperate with any activities specified in the case plan for the foster child, such as counseling, therapy or court sessions, or visits with the foster child's parents or other family members.
(5) The commissioner of children's services shall adopt rules and regulations necessary to carry out this section pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(6) The department shall develop and implement eligibility standards for temporary kinship placements.
(c) The department of children's services and the department of disability and aging shall collaboratively design and implement a full range of educational, counseling, referral, and other services designed to encourage and support elderly foster parents and disabled relative caregivers who participate in the relative caregiver program. The collective goal of such services shall be maximization of family stability and success within the relative caregiver program.
(d) When a child has been removed from the home of one (1) parent and is in the care, custody, or guardianship of the department, the department shall consider and evaluate the child's other natural or adoptive parent, if available, for placement before considering any other relative pursuant to subsection (b). The child's other natural or adoptive parent is not eligible for the kinship foster care program or any payments for kinship foster care under the program.
(e) (1) Except when placement is in the best interest of the child, the department shall not place a child with, or allow a child to remain in the home of, a kinship foster parent if the kinship foster parent shares a residence with the child's parent who has had parental rights to the child terminated. (2) (A) The department of children's services shall notify the appropriate court when the department has knowledge that a foster parent from a kinship placement violated a court order by allowing a child to visit the child's parent within ninety-six (96) hours of the department's knowledge of the information. (B) (i) It is an offense for a foster parent from a kinship placement to knowingly allow a child in the foster parent's care to visit with the child's parent if the foster parent had knowledge of a current court order prohibiting the parent from visiting with the child. (ii) A first violation of subdivision (e)(2)(B)(i) is a Class C misdemeanor punishable by a fine only. (iii) A second or subsequent violation of subdivision (e)(2)(B)(i) is a Class B misdemeanor.
(1) Except when placement is in the best interest of the child, the department shall not place a child with, or allow a child to remain in the home of, a kinship foster parent if the kinship foster parent shares a residence with the child's parent who has had parental rights to the child terminated.
(2) (A) The department of children's services shall notify the appropriate court when the department has knowledge that a foster parent from a kinship placement violated a court order by allowing a child to visit the child's parent within ninety-six (96) hours of the department's knowledge of the information. (B) (i) It is an offense for a foster parent from a kinship placement to knowingly allow a child in the foster parent's care to visit with the child's parent if the foster parent had knowledge of a current court order prohibiting the parent from visiting with the child. (ii) A first violation of subdivision (e)(2)(B)(i) is a Class C misdemeanor punishable by a fine only. (iii) A second or subsequent violation of subdivision (e)(2)(B)(i) is a Class B misdemeanor.
(A) The department of children's services shall notify the appropriate court when the department has knowledge that a foster parent from a kinship placement violated a court order by allowing a child to visit the child's parent within ninety-six (96) hours of the department's knowledge of the information.
(B) (i) It is an offense for a foster parent from a kinship placement to knowingly allow a child in the foster parent's care to visit with the child's parent if the foster parent had knowledge of a current court order prohibiting the parent from visiting with the child. (ii) A first violation of subdivision (e)(2)(B)(i) is a Class C misdemeanor punishable by a fine only. (iii) A second or subsequent violation of subdivision (e)(2)(B)(i) is a Class B misdemeanor.
(i) It is an offense for a foster parent from a kinship placement to knowingly allow a child in the foster parent's care to visit with the child's parent if the foster parent had knowledge of a current court order prohibiting the parent from visiting with the child.
(ii) A first violation of subdivision (e)(2)(B)(i) is a Class C misdemeanor punishable by a fine only.
(iii) A second or subsequent violation of subdivision (e)(2)(B)(i) is a Class B misdemeanor.
Amended by 2024 Tenn. Acts, ch. 688,s 123, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 263, s 9, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 263, s 11, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 263, s 10, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 238, s 1, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 542, s 1, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 311, s 2, eff. 7/1/2021.
Acts 1997 , ch. 170, §§ 2, 3; 2000, ch. 981, § 59; 2003 , ch. 44, § 1; 2005, ch. 196, § 1; 2011 , ch. 410, § 3(h).
Tenn. Code Ann. § 37-3-809 — TN Code / Title 37 / Chapter 3 / Section 37-3-809
Requests by the commission
Status: in_force

The child advocacy center directors or their designees, the department of children's services, the district attorney general of each judicial district, the district public defender of each judicial district, the administrative office of the courts, any law enforcement agency, any juvenile court officer or investigator, any representative of the mental health disciplines involved in investigations conducted by child protective teams, and any other state agency shall, upon request by the commission: (1) Submit to the commission, in accordance with the procedures and deadlines established by the commission, information and data concerning a second or subsequent incident of severe abuse; (2) Cause the person most knowledgeable with the case being examined to testify regarding any cases concerning a second or subsequent incident of severe abuse; and (3) Make recommendations and identify where gaps and deficiencies may exist in the various systems involved in protecting children from severe child abuse. Acts 2010, ch. 1060, § 1.
The child advocacy center directors or their designees, the department of children's services, the district attorney general of each judicial district, the district public defender of each judicial district, the administrative office of the courts, any law enforcement agency, any juvenile court officer or investigator, any representative of the mental health disciplines involved in investigations conducted by child protective teams, and any other state agency shall, upon request by the commission:
(1) Submit to the commission, in accordance with the procedures and deadlines established by the commission, information and data concerning a second or subsequent incident of severe abuse;
(2) Cause the person most knowledgeable with the case being examined to testify regarding any cases concerning a second or subsequent incident of severe abuse; and
(3) Make recommendations and identify where gaps and deficiencies may exist in the various systems involved in protecting children from severe child abuse.
Acts 2010, ch. 1060, § 1.
Tenn. Code Ann. § 37-5-134 — TN Code / Title 37 / Chapter 5 / Section 37-5-134
Report of suspected violation of court order to law enforcement by case manager
Status: in_force

A department of children's services case manager shall report a suspected violation of a court order to law enforcement if: (1) The department currently has an open case on the family that is subject to the court order; (2) The court order is an order issued pursuant to title 36, chapter 3, part 6, and concerns at least one (1) individual who is a subject of the department's open case; (3) The department case manager has knowledge of the court order; and (4) The department case manager observes the person against whom the court order has been entered acting in violation of the court order. Added by 2022 Tenn. Acts, ch. 1095,s 1, eff. 5/27/2022.
A department of children's services case manager shall report a suspected violation of a court order to law enforcement if:
(1) The department currently has an open case on the family that is subject to the court order;
(2) The court order is an order issued pursuant to title 36, chapter 3, part 6, and concerns at least one (1) individual who is a subject of the department's open case;
(3) The department case manager has knowledge of the court order; and
(4) The department case manager observes the person against whom the court order has been entered acting in violation of the court order.
Added by 2022 Tenn. Acts, ch. 1095,s 1, eff. 5/27/2022.
Tenn. Code Ann. § 37-1-174 — TN Code / Title 37 / Chapter 1 / Section 37-1-174
Order affecting delinquent juvenile's parent or guardian
Status: in_force

(a) If an unemancipated child commits a delinquent or unruly act that brings the child within the jurisdiction of the juvenile court and if the child's parent or legal guardian, who is not the victim of the act that brings the child within the jurisdiction of the juvenile court, did not take reasonable steps to control such delinquent or unruly conduct, then the court may order the parent or legal guardian to do one (1) or more of the following: (1) Participate in the child's program of treatment and rehabilitation; (2) Seek assistance from school officials, social service officials or other appropriate public or private resources and authorities to provide treatment and rehabilitation for the child; (3) Complete community service work individually or jointly with the child; or (4) Provide supervision to ensure that the child complies with any and all conditions and requirements that the court has ordered the child to follow. (b) If the parent or legal guardian violates or refuses to comply with the order of the juvenile court, then the parent or legal guardian may be held in contempt pursuant to § 37-1-158 ; and the juvenile court may fine the parent or legal guardian up to fifty dollars ($50.00), may incarcerate the parent or legal guardian in the county jail for up to ten (10) days or may impose both fine and incarceration. However, prior to holding any such parent or guardian in contempt, the parent or legal guardian shall be served with notice and shall be given a reasonable opportunity to be heard by the court. (c) This section shall not apply to the department of children's services acting in its capacity as custodian or guardian of any child. Acts 1997, ch. 465, § 2; 2000, ch. 834, §§ 1, 2.
(a) If an unemancipated child commits a delinquent or unruly act that brings the child within the jurisdiction of the juvenile court and if the child's parent or legal guardian, who is not the victim of the act that brings the child within the jurisdiction of the juvenile court, did not take reasonable steps to control such delinquent or unruly conduct, then the court may order the parent or legal guardian to do one (1) or more of the following: (1) Participate in the child's program of treatment and rehabilitation; (2) Seek assistance from school officials, social service officials or other appropriate public or private resources and authorities to provide treatment and rehabilitation for the child; (3) Complete community service work individually or jointly with the child; or (4) Provide supervision to ensure that the child complies with any and all conditions and requirements that the court has ordered the child to follow.
(1) Participate in the child's program of treatment and rehabilitation;
(2) Seek assistance from school officials, social service officials or other appropriate public or private resources and authorities to provide treatment and rehabilitation for the child;
(3) Complete community service work individually or jointly with the child; or
(4) Provide supervision to ensure that the child complies with any and all conditions and requirements that the court has ordered the child to follow.
(b) If the parent or legal guardian violates or refuses to comply with the order of the juvenile court, then the parent or legal guardian may be held in contempt pursuant to § 37-1-158 ; and the juvenile court may fine the parent or legal guardian up to fifty dollars ($50.00), may incarcerate the parent or legal guardian in the county jail for up to ten (10) days or may impose both fine and incarceration. However, prior to holding any such parent or guardian in contempt, the parent or legal guardian shall be served with notice and shall be given a reasonable opportunity to be heard by the court.
(c) This section shall not apply to the department of children's services acting in its capacity as custodian or guardian of any child.
Acts 1997, ch. 465, § 2; 2000, ch. 834, §§ 1, 2.
Tenn. Code Ann. § 37-1-213 — TN Code / Title 37 / Chapter 1 / Section 37-1-213
Deputies
Status: in_force

The sheriffs of the various counties shall furnish the necessary deputies and special deputies to attend and dispense with the business of such courts. Acts 1982, ch. 934, § 13; T.C.A., § 37-273.
The sheriffs of the various counties shall furnish the necessary deputies and special deputies to attend and dispense with the business of such courts.
Acts 1982, ch. 934, § 13; T.C.A., § 37-273.
Tenn. Code Ann. § 37-1-176 — TN Code / Title 37 / Chapter 1 / Section 37-1-176
Providing care, training or treatment in least drastic alternative way
Status: in_force

IF (1) a juvenile court commits a child to the temporary legal custody of the department under § 37-1-175 , THEN (2) the department shall provide the necessary care, training, or treatment for the child in the least drastic alternative way that is available and suitable to meet the child's needs, AND (3) community mental health centers and community programs that receive grants or contracts from the department to provide such services to children shall, at the direction of the department, provide the community-based services necessary to meet the child's needs for treatment in the least drastic alternative to hospitalization, AND IF AND ONLY IF (4) (A) placing the child in inpatient care in a hospital or treatment resource is the least drastic alternative way that is available to the department and is suitable to meet the child's needs, THEN (B) the department shall apply for the child's admission to a hospital or treatment resource under title 33, chapter 6, part 2 or 4 or shall initiate proceedings under title 33, chapter 6, part 5. Acts 2000, ch. 947, § 7.
IF
(1) a juvenile court commits a child to the temporary legal custody of the department under § 37-1-175 , THEN
THEN
(2) the department shall provide the necessary care, training, or treatment for the child in the least drastic alternative way that is available and suitable to meet the child's needs, AND
(3) community mental health centers and community programs that receive grants or contracts from the department to provide such services to children shall, at the direction of the department, provide the community-based services necessary to meet the child's needs for treatment in the least drastic alternative to hospitalization, AND IF AND ONLY IF
IF AND ONLY IF
(4) (A) placing the child in inpatient care in a hospital or treatment resource is the least drastic alternative way that is available to the department and is suitable to meet the child's needs, THEN (B) the department shall apply for the child's admission to a hospital or treatment resource under title 33, chapter 6, part 2 or 4 or shall initiate proceedings under title 33, chapter 6, part 5.
(A) placing the child in inpatient care in a hospital or treatment resource is the least drastic alternative way that is available to the department and is suitable to meet the child's needs, THEN
THEN
(B) the department shall apply for the child's admission to a hospital or treatment resource under title 33, chapter 6, part 2 or 4 or shall initiate proceedings under title 33, chapter 6, part 5.
Acts 2000, ch. 947, § 7.
Tenn. Code Ann. § 37-1-160 — TN Code / Title 37 / Chapter 1 / Section 37-1-160
Interstate flight by juvenile felon - Applicability of part
Status: in_force

(a) This part shall not apply to any person who violates: (1) Any law of this state defining a felony, and is at the time of such violation less than eighteen (18) years of age, if such person thereafter flees from this state. Any such person may be proceeded against in the manner otherwise provided by law for proceeding against persons accused of a felony. Upon the return of such person to this state by extradition or otherwise, proceedings shall be commenced in the manner provided for in this part; (2) Any law of another state defining a felony, and is at the time of such violation less than eighteen (18) years of age, if such person thereafter flees from that state into this state. Any such person may be proceeded against as an adult in the manner provided in the Uniform Criminal Extradition Act, compiled in title 40, chapter 9. Pending rendition to the demanding state, the juvenile shall be detained as provided in § 37-1-116 ; provided, that nothing in this subdivision (a)(2) shall prevent a juvenile from being released pursuant to § 40-9-106 . (b) This section does not apply in any case where proceedings under the Interstate Compact for Juveniles, compiled in chapter 4, part 1 of this title, are applicable. Acts 1977, ch. 219, § 1; T.C.A., §§ 37-282, 37-286.
(a) This part shall not apply to any person who violates: (1) Any law of this state defining a felony, and is at the time of such violation less than eighteen (18) years of age, if such person thereafter flees from this state. Any such person may be proceeded against in the manner otherwise provided by law for proceeding against persons accused of a felony. Upon the return of such person to this state by extradition or otherwise, proceedings shall be commenced in the manner provided for in this part; (2) Any law of another state defining a felony, and is at the time of such violation less than eighteen (18) years of age, if such person thereafter flees from that state into this state. Any such person may be proceeded against as an adult in the manner provided in the Uniform Criminal Extradition Act, compiled in title 40, chapter 9. Pending rendition to the demanding state, the juvenile shall be detained as provided in § 37-1-116 ; provided, that nothing in this subdivision (a)(2) shall prevent a juvenile from being released pursuant to § 40-9-106 .
(1) Any law of this state defining a felony, and is at the time of such violation less than eighteen (18) years of age, if such person thereafter flees from this state. Any such person may be proceeded against in the manner otherwise provided by law for proceeding against persons accused of a felony. Upon the return of such person to this state by extradition or otherwise, proceedings shall be commenced in the manner provided for in this part;
(2) Any law of another state defining a felony, and is at the time of such violation less than eighteen (18) years of age, if such person thereafter flees from that state into this state. Any such person may be proceeded against as an adult in the manner provided in the Uniform Criminal Extradition Act, compiled in title 40, chapter 9. Pending rendition to the demanding state, the juvenile shall be detained as provided in § 37-1-116 ; provided, that nothing in this subdivision (a)(2) shall prevent a juvenile from being released pursuant to § 40-9-106 .
(b) This section does not apply in any case where proceedings under the Interstate Compact for Juveniles, compiled in chapter 4, part 1 of this title, are applicable.
Acts 1977, ch. 219, § 1; T.C.A., §§ 37-282, 37-286.
Tenn. Code Ann. § 37-1-149 — TN Code / Title 37 / Chapter 1 / Section 37-1-149
Guardian ad litem - Special advocate - Appointment
Status: in_force

(a) (1) The court at any stage of a proceeding under this part, on application of a party or on its own motion, shall appoint a guardian ad litem for a child who is a party to the proceeding if such child has no parent, guardian or custodian appearing on such child's behalf or such parent's, guardian's or custodian's interests conflict with the child's or in any other case in which the interests of the child require a guardian. The court, in any proceeding under this part resulting from a report of harm or an investigation report under §§ 37-1-401 - 37-1-411, shall appoint a guardian ad litem for the child who was the subject of the report. A party to the proceeding or the party's employee or representative shall not be appointed. (2) Any guardian ad litem appointed by the court shall receive training appropriate to that role prior to such appointment. Such training shall include, but is not limited to, training in early childhood, child and adolescent development provided by a qualified professional. (b) (1) The court may also appoint a nonlawyer special advocate trained in accordance with that role and in accordance with the standards of the Tennessee Court Appointed Special Advocates Association (CASA) to act in the best interest of a child before, during and after court proceedings. (2) The court-appointed special advocate shall conduct such investigation and make such reports and recommendations pertaining to the welfare of a child as the court may order or direct. (3) Any guardian ad litem or special advocate so appointed by the court shall be presumed to be acting in good faith and in so doing shall be immune from any liability that might otherwise be incurred while acting within the scope of such appointment. Acts 1970, ch. 600, § 48; 1973, ch. 81, § 4; T.CA., § 37-248; Acts 1990, ch. 929, § 1; 2004, ch. 584, §§ 1, 2; 2012, ch. 1016, § 2.
(a) (1) The court at any stage of a proceeding under this part, on application of a party or on its own motion, shall appoint a guardian ad litem for a child who is a party to the proceeding if such child has no parent, guardian or custodian appearing on such child's behalf or such parent's, guardian's or custodian's interests conflict with the child's or in any other case in which the interests of the child require a guardian. The court, in any proceeding under this part resulting from a report of harm or an investigation report under §§ 37-1-401 - 37-1-411, shall appoint a guardian ad litem for the child who was the subject of the report. A party to the proceeding or the party's employee or representative shall not be appointed. (2) Any guardian ad litem appointed by the court shall receive training appropriate to that role prior to such appointment. Such training shall include, but is not limited to, training in early childhood, child and adolescent development provided by a qualified professional.
(1) The court at any stage of a proceeding under this part, on application of a party or on its own motion, shall appoint a guardian ad litem for a child who is a party to the proceeding if such child has no parent, guardian or custodian appearing on such child's behalf or such parent's, guardian's or custodian's interests conflict with the child's or in any other case in which the interests of the child require a guardian. The court, in any proceeding under this part resulting from a report of harm or an investigation report under §§ 37-1-401 - 37-1-411, shall appoint a guardian ad litem for the child who was the subject of the report. A party to the proceeding or the party's employee or representative shall not be appointed.
(2) Any guardian ad litem appointed by the court shall receive training appropriate to that role prior to such appointment. Such training shall include, but is not limited to, training in early childhood, child and adolescent development provided by a qualified professional.
(b) (1) The court may also appoint a nonlawyer special advocate trained in accordance with that role and in accordance with the standards of the Tennessee Court Appointed Special Advocates Association (CASA) to act in the best interest of a child before, during and after court proceedings. (2) The court-appointed special advocate shall conduct such investigation and make such reports and recommendations pertaining to the welfare of a child as the court may order or direct. (3) Any guardian ad litem or special advocate so appointed by the court shall be presumed to be acting in good faith and in so doing shall be immune from any liability that might otherwise be incurred while acting within the scope of such appointment.
(1) The court may also appoint a nonlawyer special advocate trained in accordance with that role and in accordance with the standards of the Tennessee Court Appointed Special Advocates Association (CASA) to act in the best interest of a child before, during and after court proceedings.
(2) The court-appointed special advocate shall conduct such investigation and make such reports and recommendations pertaining to the welfare of a child as the court may order or direct.
(3) Any guardian ad litem or special advocate so appointed by the court shall be presumed to be acting in good faith and in so doing shall be immune from any liability that might otherwise be incurred while acting within the scope of such appointment.
Acts 1970, ch. 600, § 48; 1973, ch. 81, § 4; T.CA., § 37-248; Acts 1990, ch. 929, § 1; 2004, ch. 584, §§ 1, 2; 2012, ch. 1016, § 2.
Tenn. Code Ann. § 37-1-302 — TN Code / Title 37 / Chapter 1 / Section 37-1-302
Petition for post-commitment relief
Status: in_force

A juvenile in the custody of the department of children's services pursuant to a commitment by a juvenile court of this state may petition for post-commitment relief under this part at any time after the juvenile has exhausted the juvenile's appellate remedies or time for an appeal to the circuit court pursuant to § 37-1-159 , or the juvenile's appeal in the nature of a writ of error from the judgment of the circuit court has passed and before the juvenile has been discharged from the custody of the department. Acts 1978, ch. 750, § 2; T.C.A., § 37-1702; Acts 1989, ch. 278, § 34; 1996, ch. 1079, § 73.
A juvenile in the custody of the department of children's services pursuant to a commitment by a juvenile court of this state may petition for post-commitment relief under this part at any time after the juvenile has exhausted the juvenile's appellate remedies or time for an appeal to the circuit court pursuant to § 37-1-159 , or the juvenile's appeal in the nature of a writ of error from the judgment of the circuit court has passed and before the juvenile has been discharged from the custody of the department.
Acts 1978, ch. 750, § 2; T.C.A., § 37-1702; Acts 1989, ch. 278, § 34; 1996, ch. 1079, § 73.
Tenn. Code Ann. § 37-1-139 — TN Code / Title 37 / Chapter 1 / Section 37-1-139
Modification of orders
Status: in_force

(a) Except as provided in § 36-1-113(q) , an order of the court shall be set aside if it appears that: (1) It was obtained by fraud or mistake sufficient to satisfy the legal requirements in any other civil action; (2) The court lacked jurisdiction over a necessary party or of the subject matter; or (3) Newly discovered evidence so requires. (b) Except for an order terminating parental rights or an order of dismissal, an order of the court may be changed or modified: (1) Upon a finding of changed circumstances and that the change or modification is in the best interest of the child; (2) If the order contains clerical mistakes; or (3) If newly discovered evidence so requires. (c) In no event shall modification of an agreed order result in a child being placed into the custody of the department of children's services without the appropriate petition having been filed with the clerk of the court alleging the child to be dependent, neglected, abused, unruly, or delinquent. This subsection (c) shall not be construed as eliminating the judicial findings required for children in state custody by §§ 37-1-166 and 37-2-409 or as otherwise required by case law and federal regulations. (d) [Deleted by 2016 amendment.] (e) [Deleted by 2016 amendment.] Amended by 2016 Tenn. Acts, ch. 717,s 6, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 600,Secs.s9, s10 eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 600,s 8, eff. 7/1/2016. Acts 1970, ch. 600, § 38; T.C.A., § 37-238; Acts 1989, ch. 278, § 40; 1995, ch. 532, § 12; 1996, ch. 1079, § 73; 2007, ch. 199, §§ 5-8.
(a) Except as provided in § 36-1-113(q) , an order of the court shall be set aside if it appears that: (1) It was obtained by fraud or mistake sufficient to satisfy the legal requirements in any other civil action; (2) The court lacked jurisdiction over a necessary party or of the subject matter; or (3) Newly discovered evidence so requires.
(1) It was obtained by fraud or mistake sufficient to satisfy the legal requirements in any other civil action;
(2) The court lacked jurisdiction over a necessary party or of the subject matter; or
(3) Newly discovered evidence so requires.
(b) Except for an order terminating parental rights or an order of dismissal, an order of the court may be changed or modified: (1) Upon a finding of changed circumstances and that the change or modification is in the best interest of the child; (2) If the order contains clerical mistakes; or (3) If newly discovered evidence so requires.
(1) Upon a finding of changed circumstances and that the change or modification is in the best interest of the child;
(2) If the order contains clerical mistakes; or
(3) If newly discovered evidence so requires.
(c) In no event shall modification of an agreed order result in a child being placed into the custody of the department of children's services without the appropriate petition having been filed with the clerk of the court alleging the child to be dependent, neglected, abused, unruly, or delinquent. This subsection (c) shall not be construed as eliminating the judicial findings required for children in state custody by §§ 37-1-166 and 37-2-409 or as otherwise required by case law and federal regulations.
(d) [Deleted by 2016 amendment.]
(e) [Deleted by 2016 amendment.]
Amended by 2016 Tenn. Acts, ch. 717,s 6, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 600,Secs.s9, s10 eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 600,s 8, eff. 7/1/2016.
Acts 1970, ch. 600, § 38; T.C.A., § 37-238; Acts 1989, ch. 278, § 40; 1995, ch. 532, § 12; 1996, ch. 1079, § 73; 2007, ch. 199, §§ 5-8.
Tenn. Code Ann. § 37-5-312 — TN Code / Title 37 / Chapter 5 / Section 37-5-312
Annual reports
Status: in_force

(a) Each board shall make an annual report to the governor and to the commissioner. (b) This report shall contain an accounting for all money received and expended, statistics on persons served during the year, recommendations and such other matters as the board deems pertinent. Acts 1989, ch. 567, § 13; T.C.A., § 68-2-1113; Acts 1996, ch. 1079, § 149.
(a) Each board shall make an annual report to the governor and to the commissioner.
(b) This report shall contain an accounting for all money received and expended, statistics on persons served during the year, recommendations and such other matters as the board deems pertinent.
Acts 1989, ch. 567, § 13; T.C.A., § 68-2-1113; Acts 1996, ch. 1079, § 149.
Tenn. Code Ann. § 37-1-503 — TN Code / Title 37 / Chapter 1 / Section 37-1-503
Executive secretary of council
Status: in_force

The president of the council, with the approval of a majority of the executive committee, shall appoint an executive secretary, a staff attorney and such other personnel as may be necessary to conduct its affairs, whose specific duties and responsibilities shall be as prescribed by the council in its rules, regulations or bylaws. Acts 1982, ch. 937, § 1; T.C.A., § 37-282; Acts 1998, ch. 892, § 1.
The president of the council, with the approval of a majority of the executive committee, shall appoint an executive secretary, a staff attorney and such other personnel as may be necessary to conduct its affairs, whose specific duties and responsibilities shall be as prescribed by the council in its rules, regulations or bylaws.
Acts 1982, ch. 937, § 1; T.C.A., § 37-282; Acts 1998, ch. 892, § 1.
Tenn. Code Ann. § 37-2-501 — TN Code / Title 37 / Chapter 2 / Section 37-2-501
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Runaway Act." Acts 1976, ch. 683, § 1; T.C.A., § 37-1601.
This part shall be known and may be cited as the "Tennessee Runaway Act."
Acts 1976, ch. 683, § 1; T.C.A., § 37-1601.
Tenn. Code Ann. § 37-5-117 — TN Code / Title 37 / Chapter 5 / Section 37-5-117
Youth service officers - Qualifications
Status: in_force

After July 1, 1989, any person employed as a youth service officer by the department of children's services shall: (1) Be at least eighteen (18) years of age; (2) Be a citizen of the United States; (3) Have such person's fingerprints on file with the Tennessee bureau of investigation for criminal identification; (4) Have passed a physical examination by a licensed physician; (5) Have a good moral character as determined by investigation; and (6) Have been certified by a Tennessee licensed health care provider qualified in the psychiatric or psychological field as being free from any impairment, as set forth in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association at the time of the examination, that would, in the professional judgment of the examiner, affect the applicant's ability to perform an essential function of the job, with or without a reasonable accommodation. Amended by 2013 Tenn. Acts, ch. 137,s 2, eff. 4/12/2013. Acts 1989, ch. 278, § 48; T.C.A., § 4-3-2609 ; Acts 1996, ch. 1079, § 21.
After July 1, 1989, any person employed as a youth service officer by the department of children's services shall:
(1) Be at least eighteen (18) years of age;
(2) Be a citizen of the United States;
(3) Have such person's fingerprints on file with the Tennessee bureau of investigation for criminal identification;
(4) Have passed a physical examination by a licensed physician;
(5) Have a good moral character as determined by investigation; and
(6) Have been certified by a Tennessee licensed health care provider qualified in the psychiatric or psychological field as being free from any impairment, as set forth in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association at the time of the examination, that would, in the professional judgment of the examiner, affect the applicant's ability to perform an essential function of the job, with or without a reasonable accommodation.
Amended by 2013 Tenn. Acts, ch. 137,s 2, eff. 4/12/2013.
Acts 1989, ch. 278, § 48; T.C.A., § 4-3-2609 ; Acts 1996, ch. 1079, § 21.
Tenn. Code Ann. § 37-5-137 — TN Code / Title 37 / Chapter 5 / Section 37-5-137
Quarterly written reports regarding December 2022 performance audit - Presentation of findings to education, health and general welfare joint evaluation committee
Status: in_force

(a) The department of children's services shall submit quarterly written reports to the chair of the government operations committee of the senate and the chair of the government operations committee of the house of representatives during 2023 to provide updates on the department's progress in addressing the findings set forth in the December 2022 performance audit report issued by the division of state audit. Such reports must be received by the chairs no later than fourteen (14) calendar days from the end of each quarter. (b) The department of children's services shall appear before the education, health, and general welfare joint evaluation committee no later than June 30, 2023, to present information included in the department's six-month follow-up report that is submitted to the comptroller of the treasury, as required under § 8-4-109 . Acts 2023, ch. 331, §§ 3, 4.
(a) The department of children's services shall submit quarterly written reports to the chair of the government operations committee of the senate and the chair of the government operations committee of the house of representatives during 2023 to provide updates on the department's progress in addressing the findings set forth in the December 2022 performance audit report issued by the division of state audit. Such reports must be received by the chairs no later than fourteen (14) calendar days from the end of each quarter.
(b) The department of children's services shall appear before the education, health, and general welfare joint evaluation committee no later than June 30, 2023, to present information included in the department's six-month follow-up report that is submitted to the comptroller of the treasury, as required under § 8-4-109 .
Acts 2023, ch. 331, §§ 3, 4.
Tenn. Code Ann. § 37-1-614 — TN Code / Title 37 / Chapter 1 / Section 37-1-614
Evidentiary privileges inapplicable in child sexual abuse cases
Status: in_force

The privileged quality of communication between husband and wife and between any professional person and the professional person's patient or client, and any other privileged communication, except that between attorney and client, as such communication relates both to the competency of the witness and to the exclusion of confidential communications, shall not apply to any situation involving known or suspected child sexual abuse and shall not constitute grounds for failure to report as required by this part, failure to cooperate with the department in its activities pursuant to this part, or failure to give evidence in any judicial proceeding relating to child sexual abuse. Acts 1985, ch. 478, § 15.
The privileged quality of communication between husband and wife and between any professional person and the professional person's patient or client, and any other privileged communication, except that between attorney and client, as such communication relates both to the competency of the witness and to the exclusion of confidential communications, shall not apply to any situation involving known or suspected child sexual abuse and shall not constitute grounds for failure to report as required by this part, failure to cooperate with the department in its activities pursuant to this part, or failure to give evidence in any judicial proceeding relating to child sexual abuse.
Acts 1985, ch. 478, § 15.
Tenn. Code Ann. § 37-5-116 — TN Code / Title 37 / Chapter 5 / Section 37-5-116
Non-discrimination
Status: in_force

No person shall, on the grounds of race, color, national origin, sex, age or ability to pay, be excluded from participation, be denied the benefits of or be otherwise subjected to discrimination under any program or activity operated by the department of children's services. This shall include, but not be limited to, contracts for services, employment or services to consumers. Acts 1996, ch. 1079, § 183.
No person shall, on the grounds of race, color, national origin, sex, age or ability to pay, be excluded from participation, be denied the benefits of or be otherwise subjected to discrimination under any program or activity operated by the department of children's services. This shall include, but not be limited to, contracts for services, employment or services to consumers.
Acts 1996, ch. 1079, § 183.
Tenn. Code Ann. § 37-1-306 — TN Code / Title 37 / Chapter 1 / Section 37-1-306
Court action upon receipt of petition
Status: in_force

When the chancery or circuit court receives any petition applying for relief under this part, it shall forthwith: (1) Make three (3) copies of the petition; (2) Docket and file the original petition and its attachments; (3) Mail one (1) copy of the petition to the attorney general and reporter; (4) Mail or forward one (1) copy of the petition to the district attorney general of the district in which the petition was filed; (5) Mail or forward one (1) copy of the petition to petitioner's attorney; and (6) Notify the juvenile court judge responsible for committing the petitioner. Acts 1978, ch. 750, § 6; T.C.A., § 37-1706.
When the chancery or circuit court receives any petition applying for relief under this part, it shall forthwith:
(1) Make three (3) copies of the petition;
(2) Docket and file the original petition and its attachments;
(3) Mail one (1) copy of the petition to the attorney general and reporter;
(4) Mail or forward one (1) copy of the petition to the district attorney general of the district in which the petition was filed;
(5) Mail or forward one (1) copy of the petition to petitioner's attorney; and
(6) Notify the juvenile court judge responsible for committing the petitioner.
Acts 1978, ch. 750, § 6; T.C.A., § 37-1706.
Tenn. Code Ann. § 37-2-312 — TN Code / Title 37 / Chapter 2 / Section 37-2-312
Contract with licensed receiving homes - Terms
Status: in_force

The county mayor and the department of human services, through its designated agent, shall enter into a written contract with each licensed receiving home, the contract to state the amount of subsidy to be paid for each bed, the number of beds to be available at all times, and the monthly, weekly and daily amount to be paid for the board of each child placed in the home, and such special needs and the amounts of each that may be provided for each child placed in the home. Acts 1949, ch. 222, § 4; C. Supp. 1950, § 4746.4 (Williams, § 4765.122); impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 37-612; Acts 2003, ch. 90, § 2.
The county mayor and the department of human services, through its designated agent, shall enter into a written contract with each licensed receiving home, the contract to state the amount of subsidy to be paid for each bed, the number of beds to be available at all times, and the monthly, weekly and daily amount to be paid for the board of each child placed in the home, and such special needs and the amounts of each that may be provided for each child placed in the home.
Acts 1949, ch. 222, § 4; C. Supp. 1950, § 4746.4 (Williams, § 4765.122); impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 37-612; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 37-10-302 — TN Code / Title 37 / Chapter 10 / Section 37-10-302
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Abortion" means the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a woman known to be pregnant with intent other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus; (2) "Emancipated minor" means any minor who is or has been married or has by court order or otherwise been freed from the care, custody and control of the minor's parents; and (3) "Minor" means any person under eighteen (18) years of age. Acts 1988, ch. 929, § 2.
As used in this part, unless the context otherwise requires:
(1) "Abortion" means the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a woman known to be pregnant with intent other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus;
(2) "Emancipated minor" means any minor who is or has been married or has by court order or otherwise been freed from the care, custody and control of the minor's parents; and
(3) "Minor" means any person under eighteen (18) years of age.
Acts 1988, ch. 929, § 2.
Tenn. Code Ann. § 37-3-815 — TN Code / Title 37 / Chapter 3 / Section 37-3-815
Conflicts of interest
Status: in_force

The commission shall adopt and implement a policy related to conflicts of interest, to ensure that all members avoid any situation that creates an actual or perceived conflict of interest related to the work of the commission. Acts 2010, ch. 1060, § 1.
The commission shall adopt and implement a policy related to conflicts of interest, to ensure that all members avoid any situation that creates an actual or perceived conflict of interest related to the work of the commission.
Acts 2010, ch. 1060, § 1.
Tenn. Code Ann. § 37-2-302 — TN Code / Title 37 / Chapter 2 / Section 37-2-302
Appropriations and tax levy for subsidizing homes
Status: in_force

County legislative bodies are authorized and empowered to appropriate from funds on hand not otherwise appropriated, such sums as the legislative body may deem necessary to subsidize such homes and to furnish board and care for children committed to such homes as provided in § 37-2-314 ; or the legislative bodies may levy a tax on property to meet such appropriations. These sums shall be paid by warrant drawn on the county treasury when proper invoice or bill has been audited and approved by the county mayor or the county mayor's designated agent. Acts 1949, ch. 222, § 2; C. Supp. 1950, § 4746.2 (Williams, § 4765.120); T.C.A. (orig. ed.), § 37-602; Acts 2003, ch. 90, § 2.
County legislative bodies are authorized and empowered to appropriate from funds on hand not otherwise appropriated, such sums as the legislative body may deem necessary to subsidize such homes and to furnish board and care for children committed to such homes as provided in § 37-2-314 ; or the legislative bodies may levy a tax on property to meet such appropriations. These sums shall be paid by warrant drawn on the county treasury when proper invoice or bill has been audited and approved by the county mayor or the county mayor's designated agent.
Acts 1949, ch. 222, § 2; C. Supp. 1950, § 4746.2 (Williams, § 4765.120); T.C.A. (orig. ed.), § 37-602; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 37-2-408 — TN Code / Title 37 / Chapter 2 / Section 37-2-408
Confidentiality of plans and records
Status: in_force

(a) All records, reports, permanency plans, reviews and reports of the foster care review boards or any material prepared in connection with the planning, placement or care of a child in the care or custody of the department of children's services or in foster care with any agency or person pursuant to this part, shall be confidential and shall not be a public record and shall be disclosed only for the purposes directly related to the administration of this part, or as permitted pursuant to the provisions of § 37-1-409 or § 37-1-612 , or as otherwise determined by the department of children's services to be reasonably necessary or reasonably required and as directly related to the provision of any services needed by the child. (b) A violation of this section is a Class B misdemeanor. Acts 1976, ch. 731, § 6; T.C.A., § 37-1507; Acts 1996, ch. 1079, § 114.
(a) All records, reports, permanency plans, reviews and reports of the foster care review boards or any material prepared in connection with the planning, placement or care of a child in the care or custody of the department of children's services or in foster care with any agency or person pursuant to this part, shall be confidential and shall not be a public record and shall be disclosed only for the purposes directly related to the administration of this part, or as permitted pursuant to the provisions of § 37-1-409 or § 37-1-612 , or as otherwise determined by the department of children's services to be reasonably necessary or reasonably required and as directly related to the provision of any services needed by the child.
(b) A violation of this section is a Class B misdemeanor.
Acts 1976, ch. 731, § 6; T.C.A., § 37-1507; Acts 1996, ch. 1079, § 114.
Tenn. Code Ann. § 37-5-403 — TN Code / Title 37 / Chapter 5 / Section 37-5-403
Bond on importation of child
Status: in_force

(a) The department may in its discretion require of a person, agency, association, institution or corporation that brings or sends a child into the state, with the written consent of the department, as provided in § 37-5-401 , a continuing bond in a sum not less than one thousand dollars ($1,000), nor more than ten thousand dollars ($10,000), with such condition as may be prescribed and such sureties as may be approved by the department. (b) Such bond shall be made in favor of, and filed with, the department, with the premium prepaid by the person, agency, association, institution or corporation desiring to place such child in the state. Acts 1951, ch. 116, § 1 (Williams § 4737.1); impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-1507, 14-9-203; T.C.A., § 71-3-403; Acts 1996, ch. 1079, § 157.
(a) The department may in its discretion require of a person, agency, association, institution or corporation that brings or sends a child into the state, with the written consent of the department, as provided in § 37-5-401 , a continuing bond in a sum not less than one thousand dollars ($1,000), nor more than ten thousand dollars ($10,000), with such condition as may be prescribed and such sureties as may be approved by the department.
(b) Such bond shall be made in favor of, and filed with, the department, with the premium prepaid by the person, agency, association, institution or corporation desiring to place such child in the state.
Acts 1951, ch. 116, § 1 (Williams § 4737.1); impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-1507, 14-9-203; T.C.A., § 71-3-403; Acts 1996, ch. 1079, § 157.
Tenn. Code Ann. § 37-11-103 — TN Code / Title 37 / Chapter 11 / Section 37-11-103
Disposition of juvenile fines - Youthful offender system fund
Status: in_force

(a) Each juvenile who is convicted as an adult of a violent crime shall be required to pay any fine imposed by the court to the clerk of such court, who shall allocate the fine as follows: (1) Five percent (5%) shall be retained by the clerk for administrative costs incurred pursuant to this section. Such amount retained shall be transmitted to the state treasurer, who shall credit the same to the general fund, and such amount shall be subject to appropriation by the general assembly for the costs of such administration; (2) Ninety-five percent (95%) shall be transferred to the state treasurer who shall credit the same to the youthful offender system fund created pursuant to subsection (b). (b) There is hereby created in the state treasury a youthful offender system fund, which shall consist of moneys received by the state treasurer pursuant to subdivision (a)(2). In accordance with § 8-22-118 , all interest derived from the deposit and investment of this fund shall be credited to the general fund. Any moneys not appropriated by the general assembly shall remain in the youthful offender system fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year. All moneys in the fund shall be subject to annual appropriation by the general assembly to the division of youth services in the department of correction to cover the direct and indirect costs associated with the rehabilitation, education, and treatment of juvenile offenders committed to the department. Acts 1994, ch. 984, § 1.
(a) Each juvenile who is convicted as an adult of a violent crime shall be required to pay any fine imposed by the court to the clerk of such court, who shall allocate the fine as follows: (1) Five percent (5%) shall be retained by the clerk for administrative costs incurred pursuant to this section. Such amount retained shall be transmitted to the state treasurer, who shall credit the same to the general fund, and such amount shall be subject to appropriation by the general assembly for the costs of such administration; (2) Ninety-five percent (95%) shall be transferred to the state treasurer who shall credit the same to the youthful offender system fund created pursuant to subsection (b).
(1) Five percent (5%) shall be retained by the clerk for administrative costs incurred pursuant to this section. Such amount retained shall be transmitted to the state treasurer, who shall credit the same to the general fund, and such amount shall be subject to appropriation by the general assembly for the costs of such administration;
(2) Ninety-five percent (95%) shall be transferred to the state treasurer who shall credit the same to the youthful offender system fund created pursuant to subsection (b).
(b) There is hereby created in the state treasury a youthful offender system fund, which shall consist of moneys received by the state treasurer pursuant to subdivision (a)(2). In accordance with § 8-22-118 , all interest derived from the deposit and investment of this fund shall be credited to the general fund. Any moneys not appropriated by the general assembly shall remain in the youthful offender system fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year. All moneys in the fund shall be subject to annual appropriation by the general assembly to the division of youth services in the department of correction to cover the direct and indirect costs associated with the rehabilitation, education, and treatment of juvenile offenders committed to the department.
Acts 1994, ch. 984, § 1.
Tenn. Code Ann. § 37-1-613 — TN Code / Title 37 / Chapter 1 / Section 37-1-613
Immunity from civil or criminal liability
Status: in_force

Any person making a report of child sexual abuse shall be afforded the same immunity and shall have the same remedies as provided by § 37-1-410 for other persons reporting harm to a child. Any other person, official or institution participating in good faith in any act authorized or required by this part shall be immune from any civil or criminal liability that might otherwise result by reason of such action. Acts 1985, ch. 478, § 14.
Any person making a report of child sexual abuse shall be afforded the same immunity and shall have the same remedies as provided by § 37-1-410 for other persons reporting harm to a child. Any other person, official or institution participating in good faith in any act authorized or required by this part shall be immune from any civil or criminal liability that might otherwise result by reason of such action.
Acts 1985, ch. 478, § 14.
Tenn. Code Ann. § 37-2-420 — TN Code / Title 37 / Chapter 2 / Section 37-2-420
Contact information for sibling in foster case - Punishment for behavioral problems by restricting contact with sibling prohibited
Status: in_force

(a) An agency shall provide a child in foster care with contact information for each sibling who is also in foster care and who is not placed in the same home as the child if maintaining contact with the sibling is in the best interests of each sibling. (b) A child in foster care must not be punished for behavioral problems by restricting contact with the child's sibling. (c) As used in this section, "sibling" includes full siblings, half siblings, and step-siblings. Added by 2021 Tenn. Acts, ch. 567, s 1, eff. 7/1/2021.
(a) An agency shall provide a child in foster care with contact information for each sibling who is also in foster care and who is not placed in the same home as the child if maintaining contact with the sibling is in the best interests of each sibling.
(b) A child in foster care must not be punished for behavioral problems by restricting contact with the child's sibling.
(c) As used in this section, "sibling" includes full siblings, half siblings, and step-siblings.
Added by 2021 Tenn. Acts, ch. 567, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 37-2-504 — TN Code / Title 37 / Chapter 2 / Section 37-2-504
Minimum standards for runaway houses - Establishment
Status: in_force

The department shall establish minimum standards for runaway houses and shall not issue registration to any runaway house that does not comply with this part or does not meet or exceed the minimum standards established by the department. This part applies to all runaway houses without regard to their title or designation or additional services rendered. Acts 1976, ch. 683, § 4; T.C.A., § 37-1604.
The department shall establish minimum standards for runaway houses and shall not issue registration to any runaway house that does not comply with this part or does not meet or exceed the minimum standards established by the department. This part applies to all runaway houses without regard to their title or designation or additional services rendered.
Acts 1976, ch. 683, § 4; T.C.A., § 37-1604.
Tenn. Code Ann. § 37-1-186 — TN Code / Title 37 / Chapter 1 / Section 37-1-186
Notification of resources and funding for relative caregivers - Distribution of information
Status: in_force

(a) As used in this section, "relative caregiver" means a person within a first, second, or third degree of relationship to the parent or step-parent of a child who may be related through blood, marriage, or adoption. (b) Any court that issues an order granting custody or guardianship of a child to a person who qualifies as a relative caregiver shall notify the relative caregiver that resources and funding for relative caregivers may be available through programs administered by the department. (c) The department shall distribute information on available relative caregiver resources to the administrative office of the courts, and the administrative office of the courts shall distribute the information to each court within the state that issues orders regarding child custody or guardianship. For purposes of satisfying the requirements of this subsection (c), the distribution of resource information may be accomplished by electronic means. Added by 2019 Tenn. Acts, ch. 130,s 1, eff. 7/1/2019.
(a) As used in this section, "relative caregiver" means a person within a first, second, or third degree of relationship to the parent or step-parent of a child who may be related through blood, marriage, or adoption.
(b) Any court that issues an order granting custody or guardianship of a child to a person who qualifies as a relative caregiver shall notify the relative caregiver that resources and funding for relative caregivers may be available through programs administered by the department.
(c) The department shall distribute information on available relative caregiver resources to the administrative office of the courts, and the administrative office of the courts shall distribute the information to each court within the state that issues orders regarding child custody or guardianship. For purposes of satisfying the requirements of this subsection (c), the distribution of resource information may be accomplished by electronic means.
Added by 2019 Tenn. Acts, ch. 130,s 1, eff. 7/1/2019.
Tenn. Code Ann. § 37-1-205 — TN Code / Title 37 / Chapter 1 / Section 37-1-205
Special district juvenile courts
Status: in_force

Special juvenile courts may be created by law to exercise juvenile court jurisdiction in a county or in several contiguous counties. Funds for the operation of such special district juvenile courts shall be furnished by the counties within each special juvenile court district. Counties within the juvenile court district shall, by contract, enter into such agreements as they may deem necessary and desirable in order to provide for the conducting of business affairs and financing of the court as provided in § 5-1-114 . Acts 1982, ch. 934, § 5; T.C.A., § 37-265.
Special juvenile courts may be created by law to exercise juvenile court jurisdiction in a county or in several contiguous counties. Funds for the operation of such special district juvenile courts shall be furnished by the counties within each special juvenile court district. Counties within the juvenile court district shall, by contract, enter into such agreements as they may deem necessary and desirable in order to provide for the conducting of business affairs and financing of the court as provided in § 5-1-114 .
Acts 1982, ch. 934, § 5; T.C.A., § 37-265.
Tenn. Code Ann. § 37-6-102 — TN Code / Title 37 / Chapter 6 / Section 37-6-102
No limitations on fostering and adopting based on sincerely held beliefs
Status: in_force

(a) The department of children's services shall not require a current or prospective adoptive or foster parent ("parent") to affirm, accept, or support any government policy regarding sexual orientation or gender identity that conflicts with the parent's sincerely held religious or moral beliefs. (b) The department shall not deny a parent's eligibility to foster or adopt based, in whole or in part, upon the parent's sincerely held religious or moral beliefs regarding sexual orientation or gender identity. (c) The department shall not establish or enforce a standard, rule, or policy that precludes consideration of a parent for a placement based, in whole or in part, upon the parent's sincerely held religious or moral beliefs regarding sexual orientation or gender identity. Such beliefs do not create a presumption that any particular placement is contrary to the best interest of the child. Added by 2024 Tenn. Acts, ch. 677,s 1, eff. 7/1/2024.
(a) The department of children's services shall not require a current or prospective adoptive or foster parent ("parent") to affirm, accept, or support any government policy regarding sexual orientation or gender identity that conflicts with the parent's sincerely held religious or moral beliefs.
(b) The department shall not deny a parent's eligibility to foster or adopt based, in whole or in part, upon the parent's sincerely held religious or moral beliefs regarding sexual orientation or gender identity.
(c) The department shall not establish or enforce a standard, rule, or policy that precludes consideration of a parent for a placement based, in whole or in part, upon the parent's sincerely held religious or moral beliefs regarding sexual orientation or gender identity. Such beliefs do not create a presumption that any particular placement is contrary to the best interest of the child.
Added by 2024 Tenn. Acts, ch. 677,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 37-1-804 — TN Code / Title 37 / Chapter 1 / Section 37-1-804
Custody - Rights and responsibilities of permanent guardian - Liability
Status: in_force

(a) The permanent guardian shall maintain physical custody of the child and shall have the following rights and responsibilities concerning the child: (1) To protect, nurture, discipline, and educate the child; (2) To provide food, clothing, shelter, and education as required by law, and necessary health care, including medical, dental and mental health, for the child; (3) To consent to health care, without liability by reason of the consent for injury to the child resulting from the negligence or acts of third persons, unless a parent would have been liable in the circumstances; (4) To authorize a release of health care and educational information; (5) To authorize a release of information when consent of a parent is required by law, regulation, or policy; (6) To consent to social and school activities of the child; (7) To consent to military enlistment or marriage; (8) To obtain representation for the child in legal actions; (9) To determine the nature and extent of the child's contact with other persons; (10) To make decisions regarding travel; and (11) To manage the child's income and assets. (b) The permanent guardian is not liable to third persons by reason of the relationship for acts of the child. Acts 2005, ch. 389, § 1.
(a) The permanent guardian shall maintain physical custody of the child and shall have the following rights and responsibilities concerning the child: (1) To protect, nurture, discipline, and educate the child; (2) To provide food, clothing, shelter, and education as required by law, and necessary health care, including medical, dental and mental health, for the child; (3) To consent to health care, without liability by reason of the consent for injury to the child resulting from the negligence or acts of third persons, unless a parent would have been liable in the circumstances; (4) To authorize a release of health care and educational information; (5) To authorize a release of information when consent of a parent is required by law, regulation, or policy; (6) To consent to social and school activities of the child; (7) To consent to military enlistment or marriage; (8) To obtain representation for the child in legal actions; (9) To determine the nature and extent of the child's contact with other persons; (10) To make decisions regarding travel; and (11) To manage the child's income and assets.
(1) To protect, nurture, discipline, and educate the child;
(2) To provide food, clothing, shelter, and education as required by law, and necessary health care, including medical, dental and mental health, for the child;
(3) To consent to health care, without liability by reason of the consent for injury to the child resulting from the negligence or acts of third persons, unless a parent would have been liable in the circumstances;
(4) To authorize a release of health care and educational information;
(5) To authorize a release of information when consent of a parent is required by law, regulation, or policy;
(6) To consent to social and school activities of the child;
(7) To consent to military enlistment or marriage;
(8) To obtain representation for the child in legal actions;
(9) To determine the nature and extent of the child's contact with other persons;
(10) To make decisions regarding travel; and
(11) To manage the child's income and assets.
(b) The permanent guardian is not liable to third persons by reason of the relationship for acts of the child.
Acts 2005, ch. 389, § 1.
Tenn. Code Ann. § 37-2-313 — TN Code / Title 37 / Chapter 2 / Section 37-2-313
Quarterly reports made by county to department of human services
Status: in_force

Each county maintaining a subsidized receiving home shall submit to the department of human services by the tenth of each month or the first of each quarter, that is, January, April, July, and October, respectively, an itemized statement of the cost of subsidizing each licensed receiving home, and an itemized statement of the boarding care and special needs provided each child placed in the home during the preceding month or quarter. Within thirty (30) days after receipt of the statement, the department shall reimburse the county in the amount of fifty percent (50%) of the statement, so long as the cost of the subsidy, boarding care and special needs of any one (1) child does not exceed the amount specified in the contract entered into by the county, the department and the receiving home. Acts 1949, ch. 222, § 5; C. Supp. 1950, § 4746.5 (Williams, § 4765.123); impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 37-613.
Each county maintaining a subsidized receiving home shall submit to the department of human services by the tenth of each month or the first of each quarter, that is, January, April, July, and October, respectively, an itemized statement of the cost of subsidizing each licensed receiving home, and an itemized statement of the boarding care and special needs provided each child placed in the home during the preceding month or quarter. Within thirty (30) days after receipt of the statement, the department shall reimburse the county in the amount of fifty percent (50%) of the statement, so long as the cost of the subsidy, boarding care and special needs of any one (1) child does not exceed the amount specified in the contract entered into by the county, the department and the receiving home.
Acts 1949, ch. 222, § 5; C. Supp. 1950, § 4746.5 (Williams, § 4765.123); impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 37-613.
Tenn. Code Ann. § 37-1-910 — TN Code / Title 37 / Chapter 1 / Section 37-1-910
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 638,s 1, eff. 4/4/2024. Added by 2019 Tenn. Acts, ch. 383, s 11, eff. 5/10/2019.
Repealed by 2024 Tenn. Acts, ch. 638,s 1, eff. 4/4/2024.
Added by 2019 Tenn. Acts, ch. 383, s 11, eff. 5/10/2019.
Tenn. Code Ann. § 37-3-504 — TN Code / Title 37 / Chapter 3 / Section 37-3-504
Information concerning conferences, workshops, hearings, meetings
Status: in_force

The department shall also collect and maintain, within the clearinghouse, pertinent information on pending conferences, workshops, public hearings and other meetings concerning teenage pregnancy and related problems. Acts 1987, ch. 441, § 1; 1988, ch. 1005, § 4.
The department shall also collect and maintain, within the clearinghouse, pertinent information on pending conferences, workshops, public hearings and other meetings concerning teenage pregnancy and related problems.
Acts 1987, ch. 441, § 1; 1988, ch. 1005, § 4.
Tenn. Code Ann. § 37-3-808 — TN Code / Title 37 / Chapter 3 / Section 37-3-808
Meetings
Status: in_force

The commission shall meet as necessary to transact business; provided, that meetings shall be held at least quarterly, and the first meeting shall be no later than November 1, 2010. The commission shall meet at such time and place as determined by the co-chairs of the commission announced at least one (1) month in advance of meetings with notice to each member. Written minutes shall be kept of all meetings. At all meetings, ten (10) members shall constitute a quorum for the transaction of business. Acts 2010, ch. 1060, § 1.
The commission shall meet as necessary to transact business; provided, that meetings shall be held at least quarterly, and the first meeting shall be no later than November 1, 2010. The commission shall meet at such time and place as determined by the co-chairs of the commission announced at least one (1) month in advance of meetings with notice to each member. Written minutes shall be kept of all meetings. At all meetings, ten (10) members shall constitute a quorum for the transaction of business.
Acts 2010, ch. 1060, § 1.
Tenn. Code Ann. § 37-3-114 — TN Code / Title 37 / Chapter 3 / Section 37-3-114
Additional duties of council
Status: in_force

The council may perform each of the following duties: (1) Promulgate bylaws to provide for the election of council officers, establishment of committees, meetings, and other matters relating to council functions; (2) Request and receive the cooperation of other state departments and agencies in carrying out the policies and objectives of this part; (3) Enter into such contracts and make such grants within the limits of appropriated funds as are necessary or appropriate under this section, and in a manner consistent with state or federal law; (4) Advise the governor and the heads of state departments and agencies regarding policies, programs, services, allocation of funds and children's mental health needs in this state and make recommendations for legislative action to the governor and to the general assembly; (5) Hold hearings, conduct research and other appropriate activities to determine the mental health needs of children in the state, including particularly, but not limited to, their needs for health and social services, and to determine the existing services and facilities, private and public, available to meet those needs; and (6) Review data, reports and outcomes of local, state and national system of care implementation, as well as other relevant data or research. Acts 2008, ch. 1062, § 1.
The council may perform each of the following duties:
(1) Promulgate bylaws to provide for the election of council officers, establishment of committees, meetings, and other matters relating to council functions;
(2) Request and receive the cooperation of other state departments and agencies in carrying out the policies and objectives of this part;
(3) Enter into such contracts and make such grants within the limits of appropriated funds as are necessary or appropriate under this section, and in a manner consistent with state or federal law;
(4) Advise the governor and the heads of state departments and agencies regarding policies, programs, services, allocation of funds and children's mental health needs in this state and make recommendations for legislative action to the governor and to the general assembly;
(5) Hold hearings, conduct research and other appropriate activities to determine the mental health needs of children in the state, including particularly, but not limited to, their needs for health and social services, and to determine the existing services and facilities, private and public, available to meet those needs; and
(6) Review data, reports and outcomes of local, state and national system of care implementation, as well as other relevant data or research.
Acts 2008, ch. 1062, § 1.
Tenn. Code Ann. § 37-1-214 — TN Code / Title 37 / Chapter 1 / Section 37-1-214
Compensation of judges pro tempore
Status: in_force

Any judge pro tempore elected under this part shall be paid the usual and customary rate of compensation. Acts 1982, ch. 934, § 18; T.C.A., § 37-275.
Any judge pro tempore elected under this part shall be paid the usual and customary rate of compensation.
Acts 1982, ch. 934, § 18; T.C.A., § 37-275.
Tenn. Code Ann. § 37-3-106 — TN Code / Title 37 / Chapter 3 / Section 37-3-106
Regional councils
Status: in_force

(a) There shall be a regional council on children and youth organized by the commission in each of the nine (9) development districts of the state. The regional councils shall perform each of the following duties: (1) Provide for mutual exchange of information and networking among service providers, advocates and elected officials; (2) Educate council members, officials, others involved in services for children and youth, and the general public concerning the needs and problems of children and youth in the region and the state; (3) Coordinate regional and local efforts between public and private service providers to enhance services for children and youth; (4) Advocate for legislation, policies and programs at the local and regional level to promote and protect the health, well being and development of children and youth; (5) Collect, compile and distribute data; and (6) Make recommendations on the needs and problems of children and youth. (b) The regional councils on children and youth shall be the ongoing communication links between the commission and the various regional and local areas of the state. The councils shall perform information-gathering and problem solving tasks concerning services for children and youth. Each council shall report to the commission, at least annually, its recommendations for improvements in services for children and youth. (c) The commission shall establish guidelines for the composition and operation of the regional councils. The commission shall provide at least one (1) locally based staff person for each regional council to assist the council in performing the duties assigned by this part. Such staff person shall coordinate, advise and consult with the council, shall provide technical assistance to the council and community organizations serving children and youth, and shall act as liaison to the commission. Acts 1988, ch. 979, § 2.
(a) There shall be a regional council on children and youth organized by the commission in each of the nine (9) development districts of the state. The regional councils shall perform each of the following duties: (1) Provide for mutual exchange of information and networking among service providers, advocates and elected officials; (2) Educate council members, officials, others involved in services for children and youth, and the general public concerning the needs and problems of children and youth in the region and the state; (3) Coordinate regional and local efforts between public and private service providers to enhance services for children and youth; (4) Advocate for legislation, policies and programs at the local and regional level to promote and protect the health, well being and development of children and youth; (5) Collect, compile and distribute data; and (6) Make recommendations on the needs and problems of children and youth.
(1) Provide for mutual exchange of information and networking among service providers, advocates and elected officials;
(2) Educate council members, officials, others involved in services for children and youth, and the general public concerning the needs and problems of children and youth in the region and the state;
(3) Coordinate regional and local efforts between public and private service providers to enhance services for children and youth;
(4) Advocate for legislation, policies and programs at the local and regional level to promote and protect the health, well being and development of children and youth;
(5) Collect, compile and distribute data; and
(6) Make recommendations on the needs and problems of children and youth.
(b) The regional councils on children and youth shall be the ongoing communication links between the commission and the various regional and local areas of the state. The councils shall perform information-gathering and problem solving tasks concerning services for children and youth. Each council shall report to the commission, at least annually, its recommendations for improvements in services for children and youth.
(c) The commission shall establish guidelines for the composition and operation of the regional councils. The commission shall provide at least one (1) locally based staff person for each regional council to assist the council in performing the duties assigned by this part. Such staff person shall coordinate, advise and consult with the council, shall provide technical assistance to the council and community organizations serving children and youth, and shall act as liaison to the commission.
Acts 1988, ch. 979, § 2.
Tenn. Code Ann. § 37-1-152 — TN Code / Title 37 / Chapter 1 / Section 37-1-152
Injunctive relief
Status: in_force

At the commencement or during the pendency of any matter, or as part of its dispositional order, the court may, on application of a party or on its own motion, grant injunctive relief upon such terms as the court may deem proper. Amended by 2016 Tenn. Acts, ch. 600,s 12, eff. 7/1/2016. Acts 1970, ch. 600, § 50; 1983, ch. 196, §§ 1, 2; T.C.A., § 37-250; Acts 1985, ch. 478, § 39.
At the commencement or during the pendency of any matter, or as part of its dispositional order, the court may, on application of a party or on its own motion, grant injunctive relief upon such terms as the court may deem proper.
Amended by 2016 Tenn. Acts, ch. 600,s 12, eff. 7/1/2016.
Acts 1970, ch. 600, § 50; 1983, ch. 196, §§ 1, 2; T.C.A., § 37-250; Acts 1985, ch. 478, § 39.
Tenn. Code Ann. § 37-10-301 — TN Code / Title 37 / Chapter 10 / Section 37-10-301
Legislative intent and findings
Status: in_force

(a) It is the intent of the general assembly in enacting this parental consent provision to further the important and compelling state interests of: (1) Protecting minors against their own immaturity; (2) Fostering the family structure and preserving it as a viable social unit; and (3) Protecting the rights of parents to rear children who are members of their household. (b) The general assembly finds as fact that: (1) Immature minors often lack the ability to make fully informed choices that take into account of both immediate and long-range consequences; (2) The medical, emotional, and psychological consequences of abortion are serious and can be lasting, particularly when the patient is immature; (3) The capacity to become pregnant and the capacity for mature judgment concerning the wisdom of an abortion are not necessarily related; (4) Parents ordinarily possess information essential to a physician's exercise of the physician's best medical judgment concerning the child; and (5) Parents who are aware that their minor daughter has had an abortion may better ensure that their daughter receives adequate medical attention after the abortion. (c) The general assembly further finds that parental consultation is usually desirable and in the best interests of the minor. Acts 1988, ch. 929, § 1.
(a) It is the intent of the general assembly in enacting this parental consent provision to further the important and compelling state interests of: (1) Protecting minors against their own immaturity; (2) Fostering the family structure and preserving it as a viable social unit; and (3) Protecting the rights of parents to rear children who are members of their household.
(1) Protecting minors against their own immaturity;
(2) Fostering the family structure and preserving it as a viable social unit; and
(3) Protecting the rights of parents to rear children who are members of their household.
(b) The general assembly finds as fact that: (1) Immature minors often lack the ability to make fully informed choices that take into account of both immediate and long-range consequences; (2) The medical, emotional, and psychological consequences of abortion are serious and can be lasting, particularly when the patient is immature; (3) The capacity to become pregnant and the capacity for mature judgment concerning the wisdom of an abortion are not necessarily related; (4) Parents ordinarily possess information essential to a physician's exercise of the physician's best medical judgment concerning the child; and (5) Parents who are aware that their minor daughter has had an abortion may better ensure that their daughter receives adequate medical attention after the abortion.
(1) Immature minors often lack the ability to make fully informed choices that take into account of both immediate and long-range consequences;
(2) The medical, emotional, and psychological consequences of abortion are serious and can be lasting, particularly when the patient is immature;
(3) The capacity to become pregnant and the capacity for mature judgment concerning the wisdom of an abortion are not necessarily related;
(4) Parents ordinarily possess information essential to a physician's exercise of the physician's best medical judgment concerning the child; and
(5) Parents who are aware that their minor daughter has had an abortion may better ensure that their daughter receives adequate medical attention after the abortion.
(c) The general assembly further finds that parental consultation is usually desirable and in the best interests of the minor.
Acts 1988, ch. 929, § 1.
Tenn. Code Ann. § 37-1-310 — TN Code / Title 37 / Chapter 1 / Section 37-1-310
Appearance of petitioner at hearing - Transportation of petitioner
Status: in_force

(a) If the petitioner has had no prior evidentiary hearing under this part and in other cases where the petitioner's petition raises substantial questions of facts as to events in which the petitioner participated, the petitioner shall appear and testify. (b) (1) The superintendent of the institution that has custody of the petitioner shall arrange for transportation of the petitioner to and from the court upon proper orders issued by the judge. The sheriff of the county where the proceedings are pending shall have the authority to receive and transport the petitioner to and from the institution and the court, if the court so orders, or if for any reason the superintendent is unable to transport the petitioner. (2) The sheriff shall be entitled to the same costs allowed for the transportation of prisoners as provided in criminal cases upon the presentation of the account certified by the judge and district attorney general. Acts 1978, ch. 750, § 10; T.C.A., § 37-1710.
(a) If the petitioner has had no prior evidentiary hearing under this part and in other cases where the petitioner's petition raises substantial questions of facts as to events in which the petitioner participated, the petitioner shall appear and testify.
(b) (1) The superintendent of the institution that has custody of the petitioner shall arrange for transportation of the petitioner to and from the court upon proper orders issued by the judge. The sheriff of the county where the proceedings are pending shall have the authority to receive and transport the petitioner to and from the institution and the court, if the court so orders, or if for any reason the superintendent is unable to transport the petitioner. (2) The sheriff shall be entitled to the same costs allowed for the transportation of prisoners as provided in criminal cases upon the presentation of the account certified by the judge and district attorney general.
(1) The superintendent of the institution that has custody of the petitioner shall arrange for transportation of the petitioner to and from the court upon proper orders issued by the judge. The sheriff of the county where the proceedings are pending shall have the authority to receive and transport the petitioner to and from the institution and the court, if the court so orders, or if for any reason the superintendent is unable to transport the petitioner.
(2) The sheriff shall be entitled to the same costs allowed for the transportation of prisoners as provided in criminal cases upon the presentation of the account certified by the judge and district attorney general.
Acts 1978, ch. 750, § 10; T.C.A., § 37-1710.
Tenn. Code Ann. § 37-1-502 — TN Code / Title 37 / Chapter 1 / Section 37-1-502
Rules, regulations and by-laws - Officers - Recommending rules to supreme court - Development of plan to establish demonstration sites
Status: in_force

(a) (1) The council is authorized to adopt and, from time to time, amend such rules, regulations or bylaws as it considers necessary for the conduct of its affairs. (2) Such rules, regulations or bylaws may provide for such officers as the council considers advisable, for the method of selection of such officers, for the selection of a time and place within this state for annual meetings of the council, and for such other matters consistent with the general laws of the state as the council may choose. (b) (1) The council shall make recommendations to the supreme court as to rules governing the practice and procedure in juvenile courts of this state. The supreme court may consider the council's recommendations in prescribing rules as provided in § 16-3-402 . (2) Prior to submitting its recommended rules to the supreme court, the council shall send a draft of its recommendation to the commission on children and youth. The commission shall distribute the draft to state agencies that, in the commission's opinion, may be affected by the recommended rules, and the commission will be responsible for accumulating and transmitting the comments of such agencies promptly to the council, so that the comments can be taken into account by the council in an orderly manner when preparing its final proposal of rules to be submitted to the supreme court. Thereafter, the commission shall present such accumulated comments to the court in such manner as the court may provide for receiving comment upon the proposed rules. (c) Notwithstanding any law to the contrary, the council shall assist the council on children's mental health care in developing a plan that will establish demonstration sites in certain geographic areas where children's mental health care is child-centered, family-driven, and culturally and linguistically competent and that provides a coordinated system of care for children's mental health needs in this state. Acts 1972, ch. 833, § 2; 1982, ch. 790, § 1; T.C.A., § 37-279; Acts 2008, ch. 1062, § 7.
(a) (1) The council is authorized to adopt and, from time to time, amend such rules, regulations or bylaws as it considers necessary for the conduct of its affairs. (2) Such rules, regulations or bylaws may provide for such officers as the council considers advisable, for the method of selection of such officers, for the selection of a time and place within this state for annual meetings of the council, and for such other matters consistent with the general laws of the state as the council may choose.
(1) The council is authorized to adopt and, from time to time, amend such rules, regulations or bylaws as it considers necessary for the conduct of its affairs.
(2) Such rules, regulations or bylaws may provide for such officers as the council considers advisable, for the method of selection of such officers, for the selection of a time and place within this state for annual meetings of the council, and for such other matters consistent with the general laws of the state as the council may choose.
(b) (1) The council shall make recommendations to the supreme court as to rules governing the practice and procedure in juvenile courts of this state. The supreme court may consider the council's recommendations in prescribing rules as provided in § 16-3-402 . (2) Prior to submitting its recommended rules to the supreme court, the council shall send a draft of its recommendation to the commission on children and youth. The commission shall distribute the draft to state agencies that, in the commission's opinion, may be affected by the recommended rules, and the commission will be responsible for accumulating and transmitting the comments of such agencies promptly to the council, so that the comments can be taken into account by the council in an orderly manner when preparing its final proposal of rules to be submitted to the supreme court. Thereafter, the commission shall present such accumulated comments to the court in such manner as the court may provide for receiving comment upon the proposed rules.
(1) The council shall make recommendations to the supreme court as to rules governing the practice and procedure in juvenile courts of this state. The supreme court may consider the council's recommendations in prescribing rules as provided in § 16-3-402 .
(2) Prior to submitting its recommended rules to the supreme court, the council shall send a draft of its recommendation to the commission on children and youth. The commission shall distribute the draft to state agencies that, in the commission's opinion, may be affected by the recommended rules, and the commission will be responsible for accumulating and transmitting the comments of such agencies promptly to the council, so that the comments can be taken into account by the council in an orderly manner when preparing its final proposal of rules to be submitted to the supreme court. Thereafter, the commission shall present such accumulated comments to the court in such manner as the court may provide for receiving comment upon the proposed rules.
(c) Notwithstanding any law to the contrary, the council shall assist the council on children's mental health care in developing a plan that will establish demonstration sites in certain geographic areas where children's mental health care is child-centered, family-driven, and culturally and linguistically competent and that provides a coordinated system of care for children's mental health needs in this state.
Acts 1972, ch. 833, § 2; 1982, ch. 790, § 1; T.C.A., § 37-279; Acts 2008, ch. 1062, § 7.
Tenn. Code Ann. § 37-1-106 — TN Code / Title 37 / Chapter 1 / Section 37-1-106
Youth services officer
Status: in_force

(a) Each county with a population of more than twenty thousand (20,000), according to the 1980 federal census or any subsequent federal census, may establish a full-time youth services officer to assist the court sitting as a juvenile court in relation to cases coming before the court. Counties with a population of twenty thousand (20,000) or less, according to the 1980 federal census or any subsequent federal census, may establish a part-time youth services officer. (b) The youth services officer shall be paid by the county in which the officer serves and the officer's duties include, but are not limited to, the following: (1) Intake duties including receiving and examining complaints and allegations of delinquency and unruly behavior for the purpose of conducting a preliminary inquiry; (2) Counseling; (3) Record keeping and transmitting information as required by this part or by law to the commission on children and youth or the office of the executive secretary of the Tennessee council of juvenile and family court judges; (4) Make investigations, reports and recommendations to the judge having juvenile jurisdiction; (5) Make appropriate referrals to other public or private agencies; (6) Make predisposition studies and submit reports and recommendations to the court as required; and (7) Perform other functions as directed by the court or by law including, but not limited to, those set out in § 37-1-105 . Amended by 2018 Tenn. Acts, ch. 1052,s 9, eff. 7/1/2018. Acts 1982, ch. 934, § 19; 1983, ch. 161, § 1; T.C.A., § 37-287.
(a) Each county with a population of more than twenty thousand (20,000), according to the 1980 federal census or any subsequent federal census, may establish a full-time youth services officer to assist the court sitting as a juvenile court in relation to cases coming before the court. Counties with a population of twenty thousand (20,000) or less, according to the 1980 federal census or any subsequent federal census, may establish a part-time youth services officer.
(b) The youth services officer shall be paid by the county in which the officer serves and the officer's duties include, but are not limited to, the following: (1) Intake duties including receiving and examining complaints and allegations of delinquency and unruly behavior for the purpose of conducting a preliminary inquiry; (2) Counseling; (3) Record keeping and transmitting information as required by this part or by law to the commission on children and youth or the office of the executive secretary of the Tennessee council of juvenile and family court judges; (4) Make investigations, reports and recommendations to the judge having juvenile jurisdiction; (5) Make appropriate referrals to other public or private agencies; (6) Make predisposition studies and submit reports and recommendations to the court as required; and (7) Perform other functions as directed by the court or by law including, but not limited to, those set out in § 37-1-105 .
(1) Intake duties including receiving and examining complaints and allegations of delinquency and unruly behavior for the purpose of conducting a preliminary inquiry;
(2) Counseling;
(3) Record keeping and transmitting information as required by this part or by law to the commission on children and youth or the office of the executive secretary of the Tennessee council of juvenile and family court judges;
(4) Make investigations, reports and recommendations to the judge having juvenile jurisdiction;
(5) Make appropriate referrals to other public or private agencies;
(6) Make predisposition studies and submit reports and recommendations to the court as required; and
(7) Perform other functions as directed by the court or by law including, but not limited to, those set out in § 37-1-105 .
Amended by 2018 Tenn. Acts, ch. 1052,s 9, eff. 7/1/2018.
Acts 1982, ch. 934, § 19; 1983, ch. 161, § 1; T.C.A., § 37-287.
Tenn. Code Ann. § 37-4-203 — TN Code / Title 37 / Chapter 4 / Section 37-4-203
Compact administrator
Status: in_force

The commissioner of children's services shall act as compact administrator in accordance with the terms of Article VII. Acts 1974, ch. 477, § 8; impl. am. Acts 1975, ch. 219, § 2; T.C.A., § 37-1405; Acts 1996, ch. 1079, § 73.
The commissioner of children's services shall act as compact administrator in accordance with the terms of Article VII.
Acts 1974, ch. 477, § 8; impl. am. Acts 1975, ch. 219, § 2; T.C.A., § 37-1405; Acts 1996, ch. 1079, § 73.
Tenn. Code Ann. § 37-1-162 — TN Code / Title 37 / Chapter 1 / Section 37-1-162
Supplement and account for juvenile court services improvement
Status: in_force

(a) A supplement shall be provided by the state each year to counties for the improvement of juvenile court services. Such supplements shall be administered by the department of children's services and distributed by the department to participating counties. Where more than one (1) court exercises juvenile court jurisdiction within a single county, each court shall receive an equitable share of the county's allocation, as determined by percentage of juvenile court intakes or some other appropriate measure. Each court accepting such funds shall employ a youth services officer to be appointed and supervised by the court. (b) The department shall establish policies regarding application and reporting procedures, adequate minimum educational requirements for youth services officers, and permissible uses of funds received under this section, including, but not limited to, requirements that such funds shall not be used to supplant funds formerly used by counties for juvenile court services, to pay salaries or personal expenses of juvenile court judges, or to construct or remodel jails or other facilities used for the detention or housing of adults alleged to have committed or been convicted of criminal offenses. Acts 1984, ch. 856, §§ 2, 3; 2012, ch. 1026, § 2.
(a) A supplement shall be provided by the state each year to counties for the improvement of juvenile court services. Such supplements shall be administered by the department of children's services and distributed by the department to participating counties. Where more than one (1) court exercises juvenile court jurisdiction within a single county, each court shall receive an equitable share of the county's allocation, as determined by percentage of juvenile court intakes or some other appropriate measure. Each court accepting such funds shall employ a youth services officer to be appointed and supervised by the court.
(b) The department shall establish policies regarding application and reporting procedures, adequate minimum educational requirements for youth services officers, and permissible uses of funds received under this section, including, but not limited to, requirements that such funds shall not be used to supplant funds formerly used by counties for juvenile court services, to pay salaries or personal expenses of juvenile court judges, or to construct or remodel jails or other facilities used for the detention or housing of adults alleged to have committed or been convicted of criminal offenses.
Acts 1984, ch. 856, §§ 2, 3; 2012, ch. 1026, § 2.
Tenn. Code Ann. § 37-3-813 — TN Code / Title 37 / Chapter 3 / Section 37-3-813
Investigations or reviews authorized by other laws
Status: in_force

Nothing in this part shall preclude any investigations or reviews to the extent authorized by other laws. Acts 2010, ch. 1060, § 1.
Nothing in this part shall preclude any investigations or reviews to the extent authorized by other laws.
Acts 2010, ch. 1060, § 1.
Tenn. Code Ann. § 37-3-521 — TN Code / Title 37 / Chapter 3 / Section 37-3-521
Informational services regarding second or subsequent pregnancies - Targeting potential at-risk first time teen parents
Status: in_force

(a) The executive director of the commission on children and youth, and the commissioners of education, labor and workforce development, health, and children's services shall jointly develop and administer a plan to ensure that every teen parent, participating in the assistance programs or services of the departments, receives appropriate information concerning the potential benefits to be realized from delaying a second or subsequent pregnancy and to further ensure that such teen parent receives appropriate referral information if assistance is desired in postponing a second or subsequent pregnancy. (b) To the maximum extent reasonably possible, such informational services shall be provided by existing personnel and within existing resources. (c) The plan shall target, at a minimum: (1) Teen parents receiving homebound instruction pursuant to § 49-10-1101 ; (2) Teen parents receiving aid to families with dependent children pursuant to title 71, chapter 3, part 1; (3) Teen parents receiving medical assistance for themselves or their children pursuant to title 71, chapter 5, parts 1 and 2; (4) Teen parents receiving food stamp assistance pursuant to title 71, chapter 5, part 3; and (5) Teen parents receiving federally funded training and assistance administered through the Tennessee department of labor and workforce development. (d) The plan shall target other teens who are participating in the assistance programs or services of the departments and who are highly at risk of becoming first time teen parents. The plan may also target other teens who are highly at risk of becoming first time teen parents. Acts 1987, ch. 442, § 1; 1988, ch. 960, §§ 1, 2; 1988, ch. 961, § 1; 1996, ch. 1079, § 73; 1999, ch. 520, § 37.
(a) The executive director of the commission on children and youth, and the commissioners of education, labor and workforce development, health, and children's services shall jointly develop and administer a plan to ensure that every teen parent, participating in the assistance programs or services of the departments, receives appropriate information concerning the potential benefits to be realized from delaying a second or subsequent pregnancy and to further ensure that such teen parent receives appropriate referral information if assistance is desired in postponing a second or subsequent pregnancy.
(b) To the maximum extent reasonably possible, such informational services shall be provided by existing personnel and within existing resources.
(c) The plan shall target, at a minimum: (1) Teen parents receiving homebound instruction pursuant to § 49-10-1101 ; (2) Teen parents receiving aid to families with dependent children pursuant to title 71, chapter 3, part 1; (3) Teen parents receiving medical assistance for themselves or their children pursuant to title 71, chapter 5, parts 1 and 2; (4) Teen parents receiving food stamp assistance pursuant to title 71, chapter 5, part 3; and (5) Teen parents receiving federally funded training and assistance administered through the Tennessee department of labor and workforce development.
(1) Teen parents receiving homebound instruction pursuant to § 49-10-1101 ;
(2) Teen parents receiving aid to families with dependent children pursuant to title 71, chapter 3, part 1;
(3) Teen parents receiving medical assistance for themselves or their children pursuant to title 71, chapter 5, parts 1 and 2;
(4) Teen parents receiving food stamp assistance pursuant to title 71, chapter 5, part 3; and
(5) Teen parents receiving federally funded training and assistance administered through the Tennessee department of labor and workforce development.
(d) The plan shall target other teens who are participating in the assistance programs or services of the departments and who are highly at risk of becoming first time teen parents. The plan may also target other teens who are highly at risk of becoming first time teen parents.
Acts 1987, ch. 442, § 1; 1988, ch. 960, §§ 1, 2; 1988, ch. 961, § 1; 1996, ch. 1079, § 73; 1999, ch. 520, § 37.
Tenn. Code Ann. § 37-3-801 — TN Code / Title 37 / Chapter 3 / Section 37-3-801
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Second Look Commission." Acts 2010, ch. 1060, § 1.
This part shall be known and may be cited as the "Tennessee Second Look Commission."
Acts 2010, ch. 1060, § 1.
Tenn. Code Ann. § 37-1-168 — TN Code / Title 37 / Chapter 1 / Section 37-1-168
Juvenile-family crisis intervention programs - General provisions
Status: in_force

(a) The department of children's services shall establish juvenile-family crisis intervention programs to provide continuous twenty-four (24) hour on-call service designed to attend and stabilize juvenile-family crises. The crisis intervention program may, in appropriate cases, work with the family on a short-term basis. The juvenile-family crisis intervention program may make referrals for appropriate services needed to continue resolution of the crisis. (b) The juvenile-family crisis intervention programs may serve as an alternative to juvenile court in situations where a juvenile-family crisis exists and there has been either: (1) A request by a parent or juvenile for intervention; or (2) A referral by a public or private agency, educational institution or any other organization serving children, that has contact with the juvenile or family, and has reason to believe that a family crisis exists. (c) If there has already been court intervention through the filing of a petition or otherwise, the court may refer appropriate cases to the juvenile-family crisis intervention program. If the department is providing non-custodial services to a child or family, or both, it may provide services through its juvenile-family crisis intervention program if appropriate. (d) If, in the judgment of the juvenile-family crisis intervention program, a juvenile-family crisis continues to exist despite the provision of crisis intervention services and the exhaustion of appropriate community services, then the juvenile-family crisis intervention program shall, in writing or through sworn testimony, certify to the juvenile court that there is no other less drastic measure than court intervention. The court may then proceed by accepting a petition or acting on a pending petition and hold a hearing to determine what is in the best interest of the child consistent with § 37-1-132 and any other applicable laws under this part. Acts 1994, ch. 1000, §§ 2, 4; 1996, ch. 1079, § 106; 2008, ch. 906, § 1.
(a) The department of children's services shall establish juvenile-family crisis intervention programs to provide continuous twenty-four (24) hour on-call service designed to attend and stabilize juvenile-family crises. The crisis intervention program may, in appropriate cases, work with the family on a short-term basis. The juvenile-family crisis intervention program may make referrals for appropriate services needed to continue resolution of the crisis.
(b) The juvenile-family crisis intervention programs may serve as an alternative to juvenile court in situations where a juvenile-family crisis exists and there has been either: (1) A request by a parent or juvenile for intervention; or (2) A referral by a public or private agency, educational institution or any other organization serving children, that has contact with the juvenile or family, and has reason to believe that a family crisis exists.
(1) A request by a parent or juvenile for intervention; or
(2) A referral by a public or private agency, educational institution or any other organization serving children, that has contact with the juvenile or family, and has reason to believe that a family crisis exists.
(c) If there has already been court intervention through the filing of a petition or otherwise, the court may refer appropriate cases to the juvenile-family crisis intervention program. If the department is providing non-custodial services to a child or family, or both, it may provide services through its juvenile-family crisis intervention program if appropriate.
(d) If, in the judgment of the juvenile-family crisis intervention program, a juvenile-family crisis continues to exist despite the provision of crisis intervention services and the exhaustion of appropriate community services, then the juvenile-family crisis intervention program shall, in writing or through sworn testimony, certify to the juvenile court that there is no other less drastic measure than court intervention. The court may then proceed by accepting a petition or acting on a pending petition and hold a hearing to determine what is in the best interest of the child consistent with § 37-1-132 and any other applicable laws under this part.
Acts 1994, ch. 1000, §§ 2, 4; 1996, ch. 1079, § 106; 2008, ch. 906, § 1.
Tenn. Code Ann. § 37-6-103 — TN Code / Title 37 / Chapter 6 / Section 37-6-103
Consideration of religious or moral beliefs in fostering and adopting - Best interests of child standard
Status: in_force

(a) This chapter does not preclude the department from considering the religious or moral beliefs of an adoptive or foster child or the child's family of origin, including in relation to the religious or moral beliefs of a prospective adoptive or foster parent, when determining the most appropriate placement for that child. (b) This chapter must be read in harmony with the duty of the department to make placements consistent with the best interests of the child, pursuant to chapter 2 of this title. Added by 2024 Tenn. Acts, ch. 677,s 1, eff. 7/1/2024.
(a) This chapter does not preclude the department from considering the religious or moral beliefs of an adoptive or foster child or the child's family of origin, including in relation to the religious or moral beliefs of a prospective adoptive or foster parent, when determining the most appropriate placement for that child.
(b) This chapter must be read in harmony with the duty of the department to make placements consistent with the best interests of the child, pursuant to chapter 2 of this title.
Added by 2024 Tenn. Acts, ch. 677,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 37-2-204 — TN Code / Title 37 / Chapter 2 / Section 37-2-204
Authority to establish and operate homes
Status: in_force

Counties and municipalities within this state are authorized and empowered to establish, erect, operate and maintain homes for the care and treatment of dependent and neglected, unruly and delinquent children, and to purchase services from any agency, public or private, that is authorized by law to receive or provide care or services for children. Acts 1979, ch. 143, § 4; T.C.A., § 37-404.
Counties and municipalities within this state are authorized and empowered to establish, erect, operate and maintain homes for the care and treatment of dependent and neglected, unruly and delinquent children, and to purchase services from any agency, public or private, that is authorized by law to receive or provide care or services for children.
Acts 1979, ch. 143, § 4; T.C.A., § 37-404.
Tenn. Code Ann. § 37-1-307 — TN Code / Title 37 / Chapter 1 / Section 37-1-307
Petition not to be dismissed for failure to follow form - Amended petition
Status: in_force

(a) No petition for relief shall be dismissed for failure to follow the prescribed form or procedure until the court has given the petitioner reasonable opportunity, with the aid of counsel, to file an amended petition. (b) Nothing in this section shall be construed to prohibit the court from dismissing a petition under this part when it does not state a proper claim for relief. Acts 1978, ch. 750, § 7; T.C.A., § 37-1707.
(a) No petition for relief shall be dismissed for failure to follow the prescribed form or procedure until the court has given the petitioner reasonable opportunity, with the aid of counsel, to file an amended petition.
(b) Nothing in this section shall be construed to prohibit the court from dismissing a petition under this part when it does not state a proper claim for relief.
Acts 1978, ch. 750, § 7; T.C.A., § 37-1707.
Tenn. Code Ann. § 37-1-177 — TN Code / Title 37 / Chapter 1 / Section 37-1-177
Person filing for commitment
Status: in_force

If an evaluation under § 37-1-128(d) shows that a child may be subject to commitment to the temporary legal custody of the department, the juvenile court may direct any person it determines to be suitable for the purpose to file a complaint under § 37-1-175 . Acts 2000, ch. 947, § 7.
If an evaluation under § 37-1-128(d) shows that a child may be subject to commitment to the temporary legal custody of the department, the juvenile court may direct any person it determines to be suitable for the purpose to file a complaint under § 37-1-175 .
Acts 2000, ch. 947, § 7.
Tenn. Code Ann. § 37-1-211 — TN Code / Title 37 / Chapter 1 / Section 37-1-211
Clerks of special juvenile courts
Status: in_force

(a) The appropriate legislative body of a county having a special juvenile court may, by resolution, designate the duly elected clerk of another court of that county to serve as clerk of the special juvenile court. In any county in which the legislative body does not designate a duly elected clerk of another court to serve as clerk of the special juvenile court, the judge of such special juvenile court shall appoint a clerk or an administrator of the court, except in counties where a duly elected clerk is otherwise provided by law. Clerks of such special juvenile courts shall, under the supervision of the judge, keep all records of the court, and shall have all the duties, authorities, and obligations provided by law for clerks of other courts of record of this state, and shall give an appropriate surety bond for the faithful performance of their duties. (b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less than nor more than 5,500 5,600 11,369 11,450 14,300 14,400 17,800 17,875 27,700 27,800 37,200 37,300 62,300 62,400 (c) Nothing in this section shall be construed as affecting special juvenile courts authorized by law or elected juvenile court clerks. Acts 1982, ch. 934, § 11; T.C.A., § 37-271; Acts 1988, ch. 629, § 1; 2003 , ch. 226, §§ 2-6, 8.
(a) The appropriate legislative body of a county having a special juvenile court may, by resolution, designate the duly elected clerk of another court of that county to serve as clerk of the special juvenile court. In any county in which the legislative body does not designate a duly elected clerk of another court to serve as clerk of the special juvenile court, the judge of such special juvenile court shall appoint a clerk or an administrator of the court, except in counties where a duly elected clerk is otherwise provided by law. Clerks of such special juvenile courts shall, under the supervision of the judge, keep all records of the court, and shall have all the duties, authorities, and obligations provided by law for clerks of other courts of record of this state, and shall give an appropriate surety bond for the faithful performance of their duties.
(b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less than nor more than 5,500 5,600 11,369 11,450 14,300 14,400 17,800 17,875 27,700 27,800 37,200 37,300 62,300 62,400
not less than nor more than 5,500 5,600 11,369 11,450 14,300 14,400 17,800 17,875 27,700 27,800 37,200 37,300 62,300 62,400
not less than
nor more than
5,500
5,600
11,369
11,450
14,300
14,400
17,800
17,875
27,700
27,800
37,200
37,300
62,300
62,400
(c) Nothing in this section shall be construed as affecting special juvenile courts authorized by law or elected juvenile court clerks.
Acts 1982, ch. 934, § 11; T.C.A., § 37-271; Acts 1988, ch. 629, § 1; 2003 , ch. 226, §§ 2-6, 8.
Tenn. Code Ann. § 37-2-308 — TN Code / Title 37 / Chapter 2 / Section 37-2-308
Record of license kept by department of human services and county mayor
Status: in_force

A record of the license so issued shall be kept by the department of human services and by the county mayor of the county in which the home is located. Acts 1949, ch. 222, § 9; C. Supp. 1950, § 4746.9 (Williams, § 4765.127); impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 37-608; Acts 2003, ch. 90, § 2.
A record of the license so issued shall be kept by the department of human services and by the county mayor of the county in which the home is located.
Acts 1949, ch. 222, § 9; C. Supp. 1950, § 4746.9 (Williams, § 4765.127); impl. am. Acts 1975, ch. 219, § 1; T.C.A. (orig. ed.), § 37-608; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 37-1-140 — TN Code / Title 37 / Chapter 1 / Section 37-1-140
Legal custodian - Duties
Status: in_force

(a) A custodian to whom legal custody has been given by the court under this part has the right to the physical custody of the child, the right to determine the nature of the care and treatment of the child, including ordinary medical care and the right and duty to provide for the care, protection, training and education, and the physical, mental and moral welfare of the child, subject to the conditions and limitations of the order and to the remaining rights and duties of the child's parents or guardian. A custodian is also responsible for providing notices as required in § 49-6-3051 , to the principal of the school in which the child is enrolled. (b) As an alternative to a parent or guardian transferring legal custody pursuant to this section or as otherwise provided by law, a parent or guardian may temporarily provide for the care of a child by executing a power of attorney for care of a minor child, pursuant to the Power of Attorney for Care of a Minor Child Act, compiled in title 34, chapter 6, part 3. Acts 1970, ch. 600, § 39; T.C.A., § 37-239; Acts 2003, ch. 71, § 2; 2003, ch. 238, § 1.
(a) A custodian to whom legal custody has been given by the court under this part has the right to the physical custody of the child, the right to determine the nature of the care and treatment of the child, including ordinary medical care and the right and duty to provide for the care, protection, training and education, and the physical, mental and moral welfare of the child, subject to the conditions and limitations of the order and to the remaining rights and duties of the child's parents or guardian. A custodian is also responsible for providing notices as required in § 49-6-3051 , to the principal of the school in which the child is enrolled.
(b) As an alternative to a parent or guardian transferring legal custody pursuant to this section or as otherwise provided by law, a parent or guardian may temporarily provide for the care of a child by executing a power of attorney for care of a minor child, pursuant to the Power of Attorney for Care of a Minor Child Act, compiled in title 34, chapter 6, part 3.
Acts 1970, ch. 600, § 39; T.C.A., § 37-239; Acts 2003, ch. 71, § 2; 2003, ch. 238, § 1.
Tenn. Code Ann. § 37-1-315 — TN Code / Title 37 / Chapter 1 / Section 37-1-315
Withdrawal or amendment of petition - Technical defects not grounds for dismissal without opportunity to amend
Status: in_force

(a) The court may grant leave to withdraw the petition at any time prior to the entry of the judgment, may freely allow amendments, and shall require amendments needed to achieve substantial justice and a full and fair hearing of all available grounds for relief. The district attorney general shall be allowed a reasonable time to respond to any amendments. (b) The court shall look to the substance rather than the form of the petition, and no petition shall be dismissed for technical defects, incompleteness or lack of clarity until after the petitioner has had reasonable opportunity, with aid of counsel, to file amendments. Acts 1978, ch. 750, § 15; T.C.A., § 37-1715.
(a) The court may grant leave to withdraw the petition at any time prior to the entry of the judgment, may freely allow amendments, and shall require amendments needed to achieve substantial justice and a full and fair hearing of all available grounds for relief. The district attorney general shall be allowed a reasonable time to respond to any amendments.
(b) The court shall look to the substance rather than the form of the petition, and no petition shall be dismissed for technical defects, incompleteness or lack of clarity until after the petitioner has had reasonable opportunity, with aid of counsel, to file amendments.
Acts 1978, ch. 750, § 15; T.C.A., § 37-1715.
Tenn. Code Ann. § 37-3-702 — TN Code / Title 37 / Chapter 3 / Section 37-3-702
Legislative findings
Status: in_force

(a) The general assembly finds that success in early childhood requires each child to have: (1) A healthy start through access to adequate prenatal and well-child care; (2) A well-functioning family that is prepared to assume the responsibilities of parenthood and childbearing; (3) Early learning experiences that promote child development and foster love of learning; and (4) Schools that are prepared to educate and nurture every child and ready to offer appropriate support to children and their families. (b) Therefore, to ensure the success of every child, the general assembly finds that the state of Tennessee and its communities must jointly build a comprehensive system of services to support families and to promote the healthy development of young children. Acts 1994, ch. 974, § 2.
(a) The general assembly finds that success in early childhood requires each child to have: (1) A healthy start through access to adequate prenatal and well-child care; (2) A well-functioning family that is prepared to assume the responsibilities of parenthood and childbearing; (3) Early learning experiences that promote child development and foster love of learning; and (4) Schools that are prepared to educate and nurture every child and ready to offer appropriate support to children and their families.
(1) A healthy start through access to adequate prenatal and well-child care;
(2) A well-functioning family that is prepared to assume the responsibilities of parenthood and childbearing;
(3) Early learning experiences that promote child development and foster love of learning; and
(4) Schools that are prepared to educate and nurture every child and ready to offer appropriate support to children and their families.
(b) Therefore, to ensure the success of every child, the general assembly finds that the state of Tennessee and its communities must jointly build a comprehensive system of services to support families and to promote the healthy development of young children.
Acts 1994, ch. 974, § 2.
Tenn. Code Ann. § 37-1-158 — TN Code / Title 37 / Chapter 1 / Section 37-1-158
Contempt of court
Status: in_force

The court may punish a person for contempt of court for disobeying an order of the court or for obstructing or interfering with the proceedings of the court or the enforcement of its orders by imposing a fine or imprisonment as prescribed for circuit, chancery or appellate courts pursuant to title 29, chapter 9. Acts 1970, ch. 600, § 57; 1971, ch. 189, § 5; T.C.A., § 37-257.
The court may punish a person for contempt of court for disobeying an order of the court or for obstructing or interfering with the proceedings of the court or the enforcement of its orders by imposing a fine or imprisonment as prescribed for circuit, chancery or appellate courts pursuant to title 29, chapter 9.
Acts 1970, ch. 600, § 57; 1971, ch. 189, § 5; T.C.A., § 37-257.
Tenn. Code Ann. § 37-1-505 — TN Code / Title 37 / Chapter 1 / Section 37-1-505
Annual meeting - Expenses
Status: in_force

(a) It is the official duty of each member of the council to attend upon its meetings unless otherwise officially engaged, or for other good and sufficient reasons. (b) Each member who attends the annual meeting or training sessions shall be compensated for the member's actual and reasonable expenses in attending such meeting or training sessions. Unless such funds are provided by the state, such expenses shall be paid upon a verified statement of expenses being filed with the county mayor by any member incurring such expenses. Expenses shall be paid by the trustee upon warrant of the county mayor from the general fund of the county in which the member serves as judge; provided, that funds for such purpose have been appropriated by the county legislative body. Acts 1972, ch. 833, § 4; 1982, ch. 937, §§ 2, 3; 1983, ch. 387, § 1; T.C.A., § 37-281; Acts 2003, ch. 90, § 2.
(a) It is the official duty of each member of the council to attend upon its meetings unless otherwise officially engaged, or for other good and sufficient reasons.
(b) Each member who attends the annual meeting or training sessions shall be compensated for the member's actual and reasonable expenses in attending such meeting or training sessions. Unless such funds are provided by the state, such expenses shall be paid upon a verified statement of expenses being filed with the county mayor by any member incurring such expenses. Expenses shall be paid by the trustee upon warrant of the county mayor from the general fund of the county in which the member serves as judge; provided, that funds for such purpose have been appropriated by the county legislative body.
Acts 1972, ch. 833, § 4; 1982, ch. 937, §§ 2, 3; 1983, ch. 387, § 1; T.C.A., § 37-281; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 37-1-904 — TN Code / Title 37 / Chapter 1 / Section 37-1-904
No right to participate in zero to three court program established
Status: in_force

Nothing contained in this part shall confer a right or an expectation of a right of participation in a zero to three court program to a person within the juvenile court system. Amended by 2019 Tenn. Acts, ch. 383, s 10, eff. 5/10/2019. Added by 2017 Tenn. Acts, ch. 366, s 1, eff. 1/1/2018.
Nothing contained in this part shall confer a right or an expectation of a right of participation in a zero to three court program to a person within the juvenile court system.
Amended by 2019 Tenn. Acts, ch. 383, s 10, eff. 5/10/2019.
Added by 2017 Tenn. Acts, ch. 366, s 1, eff. 1/1/2018.
Tenn. Code Ann. § 37-3-806 — TN Code / Title 37 / Chapter 3 / Section 37-3-806
Table of profiled cases - Review of cases - Sampling
Status: in_force

(a) The department of children's services shall, no later than October 1, 2010, provide the commission with a table, detailing profiled cases from the previous fiscal year; thereafter, the department shall provide such table no later than October 1, 2011, and by October 1 annually thereafter, for the previous year. The tables shall include, but not be limited to, the county, type of abuse and age of the child. (b) The commission shall review the table of profiled cases provided pursuant to subsection (a). The commission shall submit a list of the cases to the department after such review, setting out specific cases from the table that the commission selects to review. (c) The department shall provide each commission member with a thorough written summary of the procedural history of each of the cases selected for review by the commission, including but not limited to, identifying persons whom the commission may wish to testify to provide additional information. (d) After reviewing the information referenced in subsection (c), the commission shall select the appropriate sampling from the information provided by the department; provided that an appropriate sampling shall be no more than ten percent (10%) of the total number of cases profiled. (e) The commission shall review the appropriate sampling on a schedule determined by the commission; provided that the commission shall submit its final report containing its recommendations and findings concerning the appropriate sampling each year to the general assembly as provided in § 37-3-803(d) . Acts 2010, ch. 1060, § 1.
(a) The department of children's services shall, no later than October 1, 2010, provide the commission with a table, detailing profiled cases from the previous fiscal year; thereafter, the department shall provide such table no later than October 1, 2011, and by October 1 annually thereafter, for the previous year. The tables shall include, but not be limited to, the county, type of abuse and age of the child.
(b) The commission shall review the table of profiled cases provided pursuant to subsection (a). The commission shall submit a list of the cases to the department after such review, setting out specific cases from the table that the commission selects to review.
(c) The department shall provide each commission member with a thorough written summary of the procedural history of each of the cases selected for review by the commission, including but not limited to, identifying persons whom the commission may wish to testify to provide additional information.
(d) After reviewing the information referenced in subsection (c), the commission shall select the appropriate sampling from the information provided by the department; provided that an appropriate sampling shall be no more than ten percent (10%) of the total number of cases profiled.
(e) The commission shall review the appropriate sampling on a schedule determined by the commission; provided that the commission shall submit its final report containing its recommendations and findings concerning the appropriate sampling each year to the general assembly as provided in § 37-3-803(d) .
Acts 2010, ch. 1060, § 1.
Tenn. Code Ann. § 37-5-607 — TN Code / Title 37 / Chapter 5 / Section 37-5-607
Independent local advisory board
Status: in_force

In each county in which the multi-level response system is implemented, the department shall facilitate the formation of an independent local advisory board, which shall not be a part of the department, and which shall be composed of appropriate community representatives, including representatives from families in the community, local public agencies, including schools, health departments and other health care providers, juvenile court, and law enforcement officials, and other available community-based resources. Each local advisory board shall recommend ways to bring together the department, families, and available resource providers within that community and shall assist with the development of community-based resources that may be needed by families. The local advisory board may review individual cases, in its discretion, to the extent that such review may be done without jeopardizing the confidentiality of the records or the confidentiality obligations of those who provided the information. The department shall collaborate with the local advisory board and the community to identify or develop local formal and informal services for children and families. Acts 2005, ch. 391, § 8; 2010, ch. 692, § 1.
In each county in which the multi-level response system is implemented, the department shall facilitate the formation of an independent local advisory board, which shall not be a part of the department, and which shall be composed of appropriate community representatives, including representatives from families in the community, local public agencies, including schools, health departments and other health care providers, juvenile court, and law enforcement officials, and other available community-based resources. Each local advisory board shall recommend ways to bring together the department, families, and available resource providers within that community and shall assist with the development of community-based resources that may be needed by families. The local advisory board may review individual cases, in its discretion, to the extent that such review may be done without jeopardizing the confidentiality of the records or the confidentiality obligations of those who provided the information. The department shall collaborate with the local advisory board and the community to identify or develop local formal and informal services for children and families.
Acts 2005, ch. 391, § 8; 2010, ch. 692, § 1.
Tenn. Code Ann. § 37-2-402 — TN Code / Title 37 / Chapter 2 / Section 37-2-402
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Abandonment", for purposes of terminating the parental or guardian rights of a parent or a guardian of a child to that child in order to make that child available for adoption, has the same meaning as defined in § 36-1-102 ; (2) "Abandonment of an infant" means, for purposes of terminating parental or guardian rights, "abandonment" of a child under one (1) year of age; (3) "Agency" means a child care agency, as defined in title 71, chapter 3, part 5, or in chapter 5, part 5 of this title, regardless of whether such agency is licensed or approved, and includes the department of children's services; (4) "Board" means an advisory review board appointed by a juvenile court judge, juvenile court judges, or the department of children's services as provided in this part; (5) "Court" means the juvenile court having jurisdiction over the person of the child, or, if no juvenile court has jurisdiction over the child, then the juvenile court in the county in which the child resides; (6) "Date of foster care placement" means the original date on which the child is physically placed in foster care; (7) "Judge" means a juvenile judge or the judge having jurisdiction over the person of the child; (8) "Parent" means the natural parent or legal guardian, except in cases when guardianship is held by an agency pursuant to a determination of abandonment or surrender of parental rights; (9) "Plan" or "permanency plan" means a written plan for a child placed in foster care with the department of children's services or in the care of an agency as defined in subdivision (3) and as provided in § 37-2-403 ; and (10) "Report" means a written report by an advisory review board as provided in § 37-2-406 or by the department of children's services or by an agency having custody of a child as provided in § 37-2-404 . Amended by 2024 Tenn. Acts, ch. 613,s 4, eff. 7/1/2024. Amended by 2020 Tenn. Acts, ch. 525, s 12, eff. 3/6/2020. Acts 1976, ch. 731, § 1; 1982, ch. 811, § 1; 1983, ch. 438, §§ 1-6; T.C.A., § 37-1501(b); Acts 1996, ch. 1079, §§ 73, 112; 1997 , ch. 253, § 1; 1998, ch. 1097, §§ 13, 14; 2000, ch. 981, §§ 51, 57; 2001, ch. 388, § 5; 2009 , ch. 411, § 9; 2010 , ch. 842, § 3; 2010 , ch. 887, § 1.
As used in this part, unless the context otherwise requires:
(1) "Abandonment", for purposes of terminating the parental or guardian rights of a parent or a guardian of a child to that child in order to make that child available for adoption, has the same meaning as defined in § 36-1-102 ;
(2) "Abandonment of an infant" means, for purposes of terminating parental or guardian rights, "abandonment" of a child under one (1) year of age;
(3) "Agency" means a child care agency, as defined in title 71, chapter 3, part 5, or in chapter 5, part 5 of this title, regardless of whether such agency is licensed or approved, and includes the department of children's services;
(4) "Board" means an advisory review board appointed by a juvenile court judge, juvenile court judges, or the department of children's services as provided in this part;
(5) "Court" means the juvenile court having jurisdiction over the person of the child, or, if no juvenile court has jurisdiction over the child, then the juvenile court in the county in which the child resides;
(6) "Date of foster care placement" means the original date on which the child is physically placed in foster care;
(7) "Judge" means a juvenile judge or the judge having jurisdiction over the person of the child;
(8) "Parent" means the natural parent or legal guardian, except in cases when guardianship is held by an agency pursuant to a determination of abandonment or surrender of parental rights;
(9) "Plan" or "permanency plan" means a written plan for a child placed in foster care with the department of children's services or in the care of an agency as defined in subdivision (3) and as provided in § 37-2-403 ; and
(10) "Report" means a written report by an advisory review board as provided in § 37-2-406 or by the department of children's services or by an agency having custody of a child as provided in § 37-2-404 .
Amended by 2024 Tenn. Acts, ch. 613,s 4, eff. 7/1/2024.
Amended by 2020 Tenn. Acts, ch. 525, s 12, eff. 3/6/2020.
Acts 1976, ch. 731, § 1; 1982, ch. 811, § 1; 1983, ch. 438, §§ 1-6; T.C.A., § 37-1501(b); Acts 1996, ch. 1079, §§ 73, 112; 1997 , ch. 253, § 1; 1998, ch. 1097, §§ 13, 14; 2000, ch. 981, §§ 51, 57; 2001, ch. 388, § 5; 2009 , ch. 411, § 9; 2010 , ch. 842, § 3; 2010 , ch. 887, § 1.
Tenn. Code Ann. § 37-1-606 — TN Code / Title 37 / Chapter 1 / Section 37-1-606
Departmental availability for receiving reports - Commencement of investigations - Institutional abuse
Status: in_force

(a) The department shall be capable of receiving and investigating reports of known or suspected child sexual abuse twenty-four (24) hours a day, seven (7) days a week. If it appears that the immediate safety or well-being of a child is endangered, that the family may flee or the child will be unavailable for purposes of conducting a child protective investigation, or that the facts otherwise so warrant, the department shall commence an investigation immediately, regardless of the time of day or night. In all other child sexual abuse cases, a child protective investigation shall be commenced within twenty-four (24) hours of receipt of the report. (b) If, as a result of an investigation of a report of institutional child sexual abuse, the department removes children under its care from such institution, the department shall notify parents who have children enrolled in such institution on such date of its action. The institution's records shall be utilized to obtain such information. The notification shall be sufficient if it states that children under the care of the department are being removed. If the department validates child sexual abuse in such institution or revokes or suspends the license of a child care agency as a result of child sexual abuse occurring in the agency, the department, in accordance with administrative and due process rules, shall notify the parents of the children accordingly. Acts 1985, ch. 478, § 7; 1987, ch. 145, §§ 3, 4; 1988, ch. 953, §§ 15-17; 2000, ch. 981, § 51.
(a) The department shall be capable of receiving and investigating reports of known or suspected child sexual abuse twenty-four (24) hours a day, seven (7) days a week. If it appears that the immediate safety or well-being of a child is endangered, that the family may flee or the child will be unavailable for purposes of conducting a child protective investigation, or that the facts otherwise so warrant, the department shall commence an investigation immediately, regardless of the time of day or night. In all other child sexual abuse cases, a child protective investigation shall be commenced within twenty-four (24) hours of receipt of the report.
(b) If, as a result of an investigation of a report of institutional child sexual abuse, the department removes children under its care from such institution, the department shall notify parents who have children enrolled in such institution on such date of its action. The institution's records shall be utilized to obtain such information. The notification shall be sufficient if it states that children under the care of the department are being removed. If the department validates child sexual abuse in such institution or revokes or suspends the license of a child care agency as a result of child sexual abuse occurring in the agency, the department, in accordance with administrative and due process rules, shall notify the parents of the children accordingly.
Acts 1985, ch. 478, § 7; 1987, ch. 145, §§ 3, 4; 1988, ch. 953, §§ 15-17; 2000, ch. 981, § 51.
Tenn. Code Ann. § 37-3-802 — TN Code / Title 37 / Chapter 3 / Section 37-3-802
Part definitions
Status: in_force

For purposes of this part, unless the context otherwise requires: (1) "Appropriate sampling" means cases of a second or subsequent incident of severe child abuse selected by the commission from all profiled cases submitted by the department of children's services; (2) "Child abuse" has the same meaning as abuse defined in § 37-1-102 ; (3) "Commission" means the Tennessee second look commission; (4) "Investigatory meetings" means commission meetings where information made confidential pursuant to state or federal law is examined by the commission or information is being discussed that is relevant to a pending criminal action; (5) "Profiled cases" means cases of a second or subsequent incident of severe child abuse provided by the department of children's services to the commission; (6) "Second or subsequent incident of severe child abuse" means an indicated incident of severe child abuse to a victim who had a prior indicated incident of child abuse or severe child abuse, as determined by the department of children's services; and (7) "Severe child abuse" has the same meaning as the term is defined in § 37-1-102 . Acts 2010, ch. 1060, § 1.
For purposes of this part, unless the context otherwise requires:
(1) "Appropriate sampling" means cases of a second or subsequent incident of severe child abuse selected by the commission from all profiled cases submitted by the department of children's services;
(2) "Child abuse" has the same meaning as abuse defined in § 37-1-102 ;
(3) "Commission" means the Tennessee second look commission;
(4) "Investigatory meetings" means commission meetings where information made confidential pursuant to state or federal law is examined by the commission or information is being discussed that is relevant to a pending criminal action;
(5) "Profiled cases" means cases of a second or subsequent incident of severe child abuse provided by the department of children's services to the commission;
(6) "Second or subsequent incident of severe child abuse" means an indicated incident of severe child abuse to a victim who had a prior indicated incident of child abuse or severe child abuse, as determined by the department of children's services; and
(7) "Severe child abuse" has the same meaning as the term is defined in § 37-1-102 .
Acts 2010, ch. 1060, § 1.
Tenn. Code Ann. § 37-5-205 — TN Code / Title 37 / Chapter 5 / Section 37-5-205
Transfer and commitment of children
Status: in_force

(a) Fees that are allowed by law for carrying prisoners to the penitentiary shall be allowed to the sheriffs for taking children found to have committed offenses punishable in the penitentiary to such youth centers. (b) The state shall only be responsible for the transfer of such children as have been found to have committed offenses punishable by imprisonment in the penitentiary. The expense of transporting delinquent children not found to have committed offenses punishable in the penitentiary shall be paid by the counties from which committed. (c) When any female child is to be transported to such youth centers, the sheriff shall deputize a suitable woman of good moral character to convey such child. In the event the sheriff shall not find such a woman in the county, the department shall provide a proper and suitable escort for the child, and this escort shall be paid from the allowance provided for the sheriff. The expense of the woman so deputized shall be paid from the allowance for the sheriff. Acts 1955, ch. 127, § 5; impl. am. 1955, ch. 102, § 1; T.C.A., § 41-831; Acts 1989, ch. 278, § 61; T.C.A., § 41-5-109; Acts 1996, ch. 1079, §§ 133, 137.
(a) Fees that are allowed by law for carrying prisoners to the penitentiary shall be allowed to the sheriffs for taking children found to have committed offenses punishable in the penitentiary to such youth centers.
(b) The state shall only be responsible for the transfer of such children as have been found to have committed offenses punishable by imprisonment in the penitentiary. The expense of transporting delinquent children not found to have committed offenses punishable in the penitentiary shall be paid by the counties from which committed.
(c) When any female child is to be transported to such youth centers, the sheriff shall deputize a suitable woman of good moral character to convey such child. In the event the sheriff shall not find such a woman in the county, the department shall provide a proper and suitable escort for the child, and this escort shall be paid from the allowance provided for the sheriff. The expense of the woman so deputized shall be paid from the allowance for the sheriff.
Acts 1955, ch. 127, § 5; impl. am. 1955, ch. 102, § 1; T.C.A., § 41-831; Acts 1989, ch. 278, § 61; T.C.A., § 41-5-109; Acts 1996, ch. 1079, §§ 133, 137.
Tenn. Code Ann. § 37-4-207 — TN Code / Title 37 / Chapter 4 / Section 37-4-207
Jurisdiction of courts
Status: in_force

Any court having jurisdiction to place delinquent children may place such a child in an institution of or in another state pursuant to Article VI of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in Article V. Acts 1974, ch. 477, § 7; T.C.A., § 37-1409.
Any court having jurisdiction to place delinquent children may place such a child in an institution of or in another state pursuant to Article VI of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in Article V.
Acts 1974, ch. 477, § 7; T.C.A., § 37-1409.
Tenn. Code Ann. § 37-5-508 — TN Code / Title 37 / Chapter 5 / Section 37-5-508
Injunctions against unlicensed operations
Status: in_force

(a) The department may, in accordance with the laws of the state of Tennessee governing injunctions, maintain an action in the name of the state of Tennessee to enjoin any person, partnership, association, corporation or other entity from establishing, conducting, managing or operating any place or facility providing services to children without having a license as required by law, or from continuing to operate any such place or facility following suspension of a license or following the effective date of the denial or revocation of a license. (b) In charging any defendant in a complaint for such injunction, it shall be sufficient to charge that such defendant did, upon a certain day and in a certain county, establish, conduct, manage or operate a place, home or facility of any kind that is a child care agency as defined in this part or to charge that the defendant is about to do so without having in effect a license as required by law, or that the defendant continues to operate any such place or facility following suspension of a license, or following the effective date of the denial or revocation of a license, without averring any further or more particular facts concerning the case. Refusal to obey the inspection order may be punished as contempt. Acts 2000, ch. 981, § 26.
(a) The department may, in accordance with the laws of the state of Tennessee governing injunctions, maintain an action in the name of the state of Tennessee to enjoin any person, partnership, association, corporation or other entity from establishing, conducting, managing or operating any place or facility providing services to children without having a license as required by law, or from continuing to operate any such place or facility following suspension of a license or following the effective date of the denial or revocation of a license.
(b) In charging any defendant in a complaint for such injunction, it shall be sufficient to charge that such defendant did, upon a certain day and in a certain county, establish, conduct, manage or operate a place, home or facility of any kind that is a child care agency as defined in this part or to charge that the defendant is about to do so without having in effect a license as required by law, or that the defendant continues to operate any such place or facility following suspension of a license, or following the effective date of the denial or revocation of a license, without averring any further or more particular facts concerning the case. Refusal to obey the inspection order may be punished as contempt.
Acts 2000, ch. 981, § 26.
Tenn. Code Ann. § 37-1-207 — TN Code / Title 37 / Chapter 1 / Section 37-1-207
Special juvenile courts - Judges
Status: in_force

Any special juvenile court created by law shall have such title and style as the act creating such court may provide. Each juvenile court shall be a court of record, presided over by a judge who shall have such qualifications and salary as may be provided by law. Upon creation of a special juvenile court, a judge of the court shall be appointed as provided by law until the next general election and a person duly qualified is elected, and until a successor qualifies. The term of office shall be the same as other judges of the state. In the event the office of judge of the juvenile court becomes vacant by reason of death, resignation, retirement or other cause, before the expiration of the term of the judge, the vacancy shall be filled as provided by law. Acts 1982, ch. 934, § 7; T.C.A., § 37-267.
Any special juvenile court created by law shall have such title and style as the act creating such court may provide. Each juvenile court shall be a court of record, presided over by a judge who shall have such qualifications and salary as may be provided by law. Upon creation of a special juvenile court, a judge of the court shall be appointed as provided by law until the next general election and a person duly qualified is elected, and until a successor qualifies. The term of office shall be the same as other judges of the state. In the event the office of judge of the juvenile court becomes vacant by reason of death, resignation, retirement or other cause, before the expiration of the term of the judge, the vacancy shall be filled as provided by law.
Acts 1982, ch. 934, § 7; T.C.A., § 37-267.
Tenn. Code Ann. § 37-1-405 — TN Code / Title 37 / Chapter 1 / Section 37-1-405
Reference of reported cases to local director - Notice to judge
Status: in_force

(a) (1) All cases reported to the juvenile court judge or to state or local law enforcement officers shall be referred immediately to the local director of the county office of the department for investigation. (2) If the court or law enforcement officer finds that there are reasonable grounds to believe that the child is suffering from illness or injury or is in immediate danger from the child's surroundings and that the child's removal is necessary, appropriate protective action shall be taken under part 1 of this chapter. (b) (1) The county office of the department or the office of the sheriff or the chief law enforcement official of the municipality where the child resides, upon receipt of a report of harm or sexual abuse, shall give notice of the report to the judge having juvenile jurisdiction where the child resides. (2) If the case appears to involve severe child abuse as defined in § 37-1-102 , including child sexual abuse, the county director of the department shall immediately notify and consult with the district attorney general where the harm occurred, and the district attorney general may take such action as the district attorney general deems appropriate, including petitioning the court for removal of the child or termination of parental rights in accordance with part 1 of this chapter. Whenever there are multiple investigations, the department, the district attorney general, law enforcement, and, where applicable, the child protection team, shall coordinate their investigations to the maximum extent possible so that interviews with the victimized child shall be kept to an absolute minimum. Reference to the audio or videotape or tapes made by the child protection team or department should be utilized whenever possible to avoid additional questioning of the child. (3) If, before the investigation is complete, the county office of the department or the local district attorney general determines that immediate removal is necessary to protect the child or other children, or if the district attorney general determines that influence is being exerted on a child victim of sexual abuse to change the child victim's testimony, the department or the district attorney general may proceed under part 1 of this chapter. Acts 1973, ch. 81, § 1; 1977, ch. 482, § 9; 1980, ch. 776, §§ 1, 2; T.C.A., § 37-1205; Acts 1985, ch. 478, §§ 33, 41.
(a) (1) All cases reported to the juvenile court judge or to state or local law enforcement officers shall be referred immediately to the local director of the county office of the department for investigation. (2) If the court or law enforcement officer finds that there are reasonable grounds to believe that the child is suffering from illness or injury or is in immediate danger from the child's surroundings and that the child's removal is necessary, appropriate protective action shall be taken under part 1 of this chapter.
(1) All cases reported to the juvenile court judge or to state or local law enforcement officers shall be referred immediately to the local director of the county office of the department for investigation.
(2) If the court or law enforcement officer finds that there are reasonable grounds to believe that the child is suffering from illness or injury or is in immediate danger from the child's surroundings and that the child's removal is necessary, appropriate protective action shall be taken under part 1 of this chapter.
(b) (1) The county office of the department or the office of the sheriff or the chief law enforcement official of the municipality where the child resides, upon receipt of a report of harm or sexual abuse, shall give notice of the report to the judge having juvenile jurisdiction where the child resides. (2) If the case appears to involve severe child abuse as defined in § 37-1-102 , including child sexual abuse, the county director of the department shall immediately notify and consult with the district attorney general where the harm occurred, and the district attorney general may take such action as the district attorney general deems appropriate, including petitioning the court for removal of the child or termination of parental rights in accordance with part 1 of this chapter. Whenever there are multiple investigations, the department, the district attorney general, law enforcement, and, where applicable, the child protection team, shall coordinate their investigations to the maximum extent possible so that interviews with the victimized child shall be kept to an absolute minimum. Reference to the audio or videotape or tapes made by the child protection team or department should be utilized whenever possible to avoid additional questioning of the child. (3) If, before the investigation is complete, the county office of the department or the local district attorney general determines that immediate removal is necessary to protect the child or other children, or if the district attorney general determines that influence is being exerted on a child victim of sexual abuse to change the child victim's testimony, the department or the district attorney general may proceed under part 1 of this chapter.
(1) The county office of the department or the office of the sheriff or the chief law enforcement official of the municipality where the child resides, upon receipt of a report of harm or sexual abuse, shall give notice of the report to the judge having juvenile jurisdiction where the child resides.
(2) If the case appears to involve severe child abuse as defined in § 37-1-102 , including child sexual abuse, the county director of the department shall immediately notify and consult with the district attorney general where the harm occurred, and the district attorney general may take such action as the district attorney general deems appropriate, including petitioning the court for removal of the child or termination of parental rights in accordance with part 1 of this chapter. Whenever there are multiple investigations, the department, the district attorney general, law enforcement, and, where applicable, the child protection team, shall coordinate their investigations to the maximum extent possible so that interviews with the victimized child shall be kept to an absolute minimum. Reference to the audio or videotape or tapes made by the child protection team or department should be utilized whenever possible to avoid additional questioning of the child.
(3) If, before the investigation is complete, the county office of the department or the local district attorney general determines that immediate removal is necessary to protect the child or other children, or if the district attorney general determines that influence is being exerted on a child victim of sexual abuse to change the child victim's testimony, the department or the district attorney general may proceed under part 1 of this chapter.
Acts 1973, ch. 81, § 1; 1977, ch. 482, § 9; 1980, ch. 776, §§ 1, 2; T.C.A., § 37-1205; Acts 1985, ch. 478, §§ 33, 41.
Tenn. Code Ann. § 37-1-321 — TN Code / Title 37 / Chapter 1 / Section 37-1-321
Finality of order - Appeal
Status: in_force

The order granting or denying relief under the provisions of this part shall be deemed a final judgment, and an appeal may be taken to the court of appeals by simple appeal. A motion for a new trial shall not be required for such an appeal. Acts 1978, ch. 750, § 21; T.C.A., § 37-1721.
The order granting or denying relief under the provisions of this part shall be deemed a final judgment, and an appeal may be taken to the court of appeals by simple appeal. A motion for a new trial shall not be required for such an appeal.
Acts 1978, ch. 750, § 21; T.C.A., § 37-1721.
Tenn. Code Ann. § 37-2-206 — TN Code / Title 37 / Chapter 2 / Section 37-2-206
Modification of court order
Status: in_force

The director of a county department of children's services, or the director's designee, or any interested party, may petition the committing court to modify an order awarding custody of a child to the county department on the ground that changed circumstances so require in the best interest of the child. Acts 1979, ch. 143, § 6; T.C.A., § 37-406.
The director of a county department of children's services, or the director's designee, or any interested party, may petition the committing court to modify an order awarding custody of a child to the county department on the ground that changed circumstances so require in the best interest of the child.
Acts 1979, ch. 143, § 6; T.C.A., § 37-406.
Tenn. Code Ann. § 37-2-505 — TN Code / Title 37 / Chapter 2 / Section 37-2-505
Minimum standards - Contents
Status: in_force

The standards established by the department shall include, but not be limited to, the following: (1) Separate quarters for males and females; (2) Supervision of both sexes; (3) Complete and accurate records of all runaways housed; (4) Minimum health and safety requirements as established by the department; (5) A program for prevention or treatment for the use of drugs and permitting use of medication by runaways only upon the advice of a physician; (6) An examination for communicable diseases; and (7) Structured programs for all residents of the facility. Acts 1976, ch. 683, § 5; T.C.A., § 37-1605.
The standards established by the department shall include, but not be limited to, the following:
(1) Separate quarters for males and females;
(2) Supervision of both sexes;
(3) Complete and accurate records of all runaways housed;
(4) Minimum health and safety requirements as established by the department;
(5) A program for prevention or treatment for the use of drugs and permitting use of medication by runaways only upon the advice of a physician;
(6) An examination for communicable diseases; and
(7) Structured programs for all residents of the facility.
Acts 1976, ch. 683, § 5; T.C.A., § 37-1605.
Tenn. Code Ann. § 37-10-307 — TN Code / Title 37 / Chapter 10 / Section 37-10-307
Civil actions
Status: in_force

(a) Failure to obtain consent pursuant to the requirements of this part is prima facie evidence of failure to obtain informed consent and of interference with family relations in appropriate civil actions. The law of this state shall not be construed to preclude the award of exemplary damages in any appropriate civil action relevant to violations of this part. Nothing in this part shall be construed to limit the common law rights of parents. (b) In addition to the action provided for in subsection (a), a person or entity that fails to comply with the notice requirements of § 39-15-202(a)(2) [See Compiler's Notes] shall be subject to the penalties and action provided for in § 39-15-202(a)(3) [See Compiler's Notes]. Acts 1988, ch. 929, § 7; 2010, ch. 790, § 3.
(a) Failure to obtain consent pursuant to the requirements of this part is prima facie evidence of failure to obtain informed consent and of interference with family relations in appropriate civil actions. The law of this state shall not be construed to preclude the award of exemplary damages in any appropriate civil action relevant to violations of this part. Nothing in this part shall be construed to limit the common law rights of parents.
(b) In addition to the action provided for in subsection (a), a person or entity that fails to comply with the notice requirements of § 39-15-202(a)(2) [See Compiler's Notes] shall be subject to the penalties and action provided for in § 39-15-202(a)(3) [See Compiler's Notes].
Acts 1988, ch. 929, § 7; 2010, ch. 790, § 3.
Tenn. Code Ann. § 37-1-212 — TN Code / Title 37 / Chapter 1 / Section 37-1-212
Rules and regulations
Status: in_force

The judge is authorized and empowered to make and promulgate rules and regulations for the administration of the court, to fix the times and places at which all persons in the jurisdiction of the court shall have their causes set for hearing. Acts 1982, ch. 934, § 12; T.C.A., § 37-272.
The judge is authorized and empowered to make and promulgate rules and regulations for the administration of the court, to fix the times and places at which all persons in the jurisdiction of the court shall have their causes set for hearing.
Acts 1982, ch. 934, § 12; T.C.A., § 37-272.
Tenn. Code Ann. § 37-2-507 — TN Code / Title 37 / Chapter 2 / Section 37-2-507
Violations - Penalties
Status: in_force

The owner, operator or agent of any house or facility that operates without registering or otherwise willfully violates this part commits a Class C misdemeanor. If, in the discretion of the trial court, a second or subsequent offense indicates continued or regular noncompliance with this part, the facility may be enjoined from future operations as a runaway house. Acts 1976, ch. 683, § 7; T.C.A., § 37-1607; Acts 1989, ch. 591, § 113.
The owner, operator or agent of any house or facility that operates without registering or otherwise willfully violates this part commits a Class C misdemeanor. If, in the discretion of the trial court, a second or subsequent offense indicates continued or regular noncompliance with this part, the facility may be enjoined from future operations as a runaway house.
Acts 1976, ch. 683, § 7; T.C.A., § 37-1607; Acts 1989, ch. 591, § 113.