Tenn. Code Ann. § 36-3-621 — TN Code / Title 36 / Chapter 3 / Section 36-3-621
Wireless telephone service for victims of domestic violence
Status: in_force

(a) A petitioner may, at the time of filing a petition for an order of protection, request that the court issue an order directing a wireless telephone service provider to transfer the billing responsibility for and rights to the wireless telephone number or numbers to the petitioner if the petitioner: (1) Is not the account holder; and (2) Proves by a preponderance of the evidence that the petitioner and any minor children in the petitioner's care are the primary users of the wireless telephone numbers that will be ordered transferred by a court under this subsection (a). (b) (1) An order transferring the billing responsibility for and rights to the wireless telephone number or numbers to a petitioner under subsection (a) must be a separate order that is directed to the wireless telephone service provider. (2) The order must list: (A) The name and billing telephone number of the account holder; (B) The name and contact information of the petitioner to whom the telephone number or numbers will be transferred; and (C) Each telephone number to be transferred to the petitioner. (3) The court shall ensure that the petitioner's contact information is not provided to the account holder in proceedings held under this section. (4) The order must be served on the wireless telephone service provider's agent for service of process. (5) The wireless service provider shall notify the requesting party if the wireless telephone service provider cannot operationally or technically effectuate the order due to certain circumstances, including when: (A) The account holder has already terminated the account; (B) Differences in network technology prevent the functionality of a device on the network; or (C) There are geographic or other limitations on network or service availability. (c) (1) Upon a wireless telephone service provider's transfer of billing responsibility for and rights to a wireless telephone number or numbers to a petitioner under subsection (b), the petitioner shall assume: (A) Financial responsibility for the transferred wireless telephone number or numbers; (B) Monthly service costs; and (C) Costs for any mobile device associated with the wireless telephone number or numbers. (2) A transfer ordered under subsection (b) does not preclude a wireless telephone service provider from applying any routine and customary requirements for account establishment to the petitioner as part of the transfer of billing responsibility for a wireless telephone number or numbers and any devices attached to that number or numbers, including, but not limited to, identification, financial information, and customer preferences. (d) This section does not affect the ability of the court to apportion the assets and debts of the parties as provided for in law, or the ability to determine the temporary use, possession, and control of personal property under this chapter. (e) Notwithstanding any other law to the contrary, no cause of action shall lie in any court nor shall any civil, criminal, or administrative proceeding be commenced by a governmental entity against any wireless telephone service provider, or its directors, officers, employees, agents, or vendors, for: (1) Action taken in compliance with an order issued under this section; (2) A failure to process an order issued under this section, unless the failure is the result of gross negligence, which must be shown by clear and convincing evidence; or (3) Providing in good faith call location information or other information, facilities, or assistance in accordance with subsection (a) or any rules promulgated under this section. (f) If an order of protection is issued, but a separate order under § 36-3-606(a)(12) did not issue at the time of the order, or if the order of protection was issued prior to the availability of the relief under § 36-3-606(a)(12) , a petitioner may, at any time, petition the court issuing the order of protection to modify the order and require a wireless service provider to transfer the billing responsibility for and rights to the wireless telephone number or numbers to the petitioner pursuant to this section. Added by 2018 Tenn. Acts, ch. 729,s 1, eff. 7/1/2018.
(a) A petitioner may, at the time of filing a petition for an order of protection, request that the court issue an order directing a wireless telephone service provider to transfer the billing responsibility for and rights to the wireless telephone number or numbers to the petitioner if the petitioner: (1) Is not the account holder; and (2) Proves by a preponderance of the evidence that the petitioner and any minor children in the petitioner's care are the primary users of the wireless telephone numbers that will be ordered transferred by a court under this subsection (a).
(1) Is not the account holder; and
(2) Proves by a preponderance of the evidence that the petitioner and any minor children in the petitioner's care are the primary users of the wireless telephone numbers that will be ordered transferred by a court under this subsection (a).
(b) (1) An order transferring the billing responsibility for and rights to the wireless telephone number or numbers to a petitioner under subsection (a) must be a separate order that is directed to the wireless telephone service provider. (2) The order must list: (A) The name and billing telephone number of the account holder; (B) The name and contact information of the petitioner to whom the telephone number or numbers will be transferred; and (C) Each telephone number to be transferred to the petitioner. (3) The court shall ensure that the petitioner's contact information is not provided to the account holder in proceedings held under this section. (4) The order must be served on the wireless telephone service provider's agent for service of process. (5) The wireless service provider shall notify the requesting party if the wireless telephone service provider cannot operationally or technically effectuate the order due to certain circumstances, including when: (A) The account holder has already terminated the account; (B) Differences in network technology prevent the functionality of a device on the network; or (C) There are geographic or other limitations on network or service availability.
(1) An order transferring the billing responsibility for and rights to the wireless telephone number or numbers to a petitioner under subsection (a) must be a separate order that is directed to the wireless telephone service provider.
(2) The order must list: (A) The name and billing telephone number of the account holder; (B) The name and contact information of the petitioner to whom the telephone number or numbers will be transferred; and (C) Each telephone number to be transferred to the petitioner.
(A) The name and billing telephone number of the account holder;
(B) The name and contact information of the petitioner to whom the telephone number or numbers will be transferred; and
(C) Each telephone number to be transferred to the petitioner.
(3) The court shall ensure that the petitioner's contact information is not provided to the account holder in proceedings held under this section.
(4) The order must be served on the wireless telephone service provider's agent for service of process.
(5) The wireless service provider shall notify the requesting party if the wireless telephone service provider cannot operationally or technically effectuate the order due to certain circumstances, including when: (A) The account holder has already terminated the account; (B) Differences in network technology prevent the functionality of a device on the network; or (C) There are geographic or other limitations on network or service availability.
(A) The account holder has already terminated the account;
(B) Differences in network technology prevent the functionality of a device on the network; or
(C) There are geographic or other limitations on network or service availability.
(c) (1) Upon a wireless telephone service provider's transfer of billing responsibility for and rights to a wireless telephone number or numbers to a petitioner under subsection (b), the petitioner shall assume: (A) Financial responsibility for the transferred wireless telephone number or numbers; (B) Monthly service costs; and (C) Costs for any mobile device associated with the wireless telephone number or numbers. (2) A transfer ordered under subsection (b) does not preclude a wireless telephone service provider from applying any routine and customary requirements for account establishment to the petitioner as part of the transfer of billing responsibility for a wireless telephone number or numbers and any devices attached to that number or numbers, including, but not limited to, identification, financial information, and customer preferences.
(1) Upon a wireless telephone service provider's transfer of billing responsibility for and rights to a wireless telephone number or numbers to a petitioner under subsection (b), the petitioner shall assume: (A) Financial responsibility for the transferred wireless telephone number or numbers; (B) Monthly service costs; and (C) Costs for any mobile device associated with the wireless telephone number or numbers.
(A) Financial responsibility for the transferred wireless telephone number or numbers;
(B) Monthly service costs; and
(C) Costs for any mobile device associated with the wireless telephone number or numbers.
(2) A transfer ordered under subsection (b) does not preclude a wireless telephone service provider from applying any routine and customary requirements for account establishment to the petitioner as part of the transfer of billing responsibility for a wireless telephone number or numbers and any devices attached to that number or numbers, including, but not limited to, identification, financial information, and customer preferences.
(d) This section does not affect the ability of the court to apportion the assets and debts of the parties as provided for in law, or the ability to determine the temporary use, possession, and control of personal property under this chapter.
(e) Notwithstanding any other law to the contrary, no cause of action shall lie in any court nor shall any civil, criminal, or administrative proceeding be commenced by a governmental entity against any wireless telephone service provider, or its directors, officers, employees, agents, or vendors, for: (1) Action taken in compliance with an order issued under this section; (2) A failure to process an order issued under this section, unless the failure is the result of gross negligence, which must be shown by clear and convincing evidence; or (3) Providing in good faith call location information or other information, facilities, or assistance in accordance with subsection (a) or any rules promulgated under this section.
(1) Action taken in compliance with an order issued under this section;
(2) A failure to process an order issued under this section, unless the failure is the result of gross negligence, which must be shown by clear and convincing evidence; or
(3) Providing in good faith call location information or other information, facilities, or assistance in accordance with subsection (a) or any rules promulgated under this section.
(f) If an order of protection is issued, but a separate order under § 36-3-606(a)(12) did not issue at the time of the order, or if the order of protection was issued prior to the availability of the relief under § 36-3-606(a)(12) , a petitioner may, at any time, petition the court issuing the order of protection to modify the order and require a wireless service provider to transfer the billing responsibility for and rights to the wireless telephone number or numbers to the petitioner pursuant to this section.
Added by 2018 Tenn. Acts, ch. 729,s 1, eff. 7/1/2018.
Tenn. Code Ann. § 36-5-2506 — TN Code / Title 36 / Chapter 5 / Section 36-5-2506
Contest by obligor
Status: in_force

(a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in part 26, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state. (b) The obligor shall give notice of the contest to: (1) A support enforcement agency providing services to the obligee; (2) Each employer that has directly received an income-withholding order relating to the obligor; and (3) The person designated to receive payments in the income-withholding order or, if no person is designated, to the obligee. Acts 2010, ch. 901, § 1.
(a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in part 26, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state.
(b) The obligor shall give notice of the contest to: (1) A support enforcement agency providing services to the obligee; (2) Each employer that has directly received an income-withholding order relating to the obligor; and (3) The person designated to receive payments in the income-withholding order or, if no person is designated, to the obligee.
(1) A support enforcement agency providing services to the obligee;
(2) Each employer that has directly received an income-withholding order relating to the obligor; and
(3) The person designated to receive payments in the income-withholding order or, if no person is designated, to the obligee.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-5-2307 — TN Code / Title 36 / Chapter 5 / Section 36-5-2307
Duties of support enforcement agency
Status: in_force

(a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under parts 20-26 of this chapter. (b) A support enforcement agency of this state that is providing services to the petitioner shall: (1) Take all steps necessary to enable an appropriate tribunal of this state, another state, or a foreign country to obtain jurisdiction over the respondent; (2) Request an appropriate tribunal to set a date, time, and place for a hearing; (3) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties; (4) Within two (2) days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner; (5) Within two (2) days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and (6) Notify the petitioner if jurisdiction over the respondent cannot be obtained. (c) A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts: (1) To ensure that the order to be registered is the controlling order; or (2) If two (2) or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so. (d) A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported. (e) A support enforcement agency of this state shall issue or request a tribunal of this state to issue a child support order and an income-withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to § 36-5-2319 . (f) Parts 20-29 of this chapter do not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency. Acts 2010, ch. 901, § 1.
(a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under parts 20-26 of this chapter.
(b) A support enforcement agency of this state that is providing services to the petitioner shall: (1) Take all steps necessary to enable an appropriate tribunal of this state, another state, or a foreign country to obtain jurisdiction over the respondent; (2) Request an appropriate tribunal to set a date, time, and place for a hearing; (3) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties; (4) Within two (2) days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner; (5) Within two (2) days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and (6) Notify the petitioner if jurisdiction over the respondent cannot be obtained.
(1) Take all steps necessary to enable an appropriate tribunal of this state, another state, or a foreign country to obtain jurisdiction over the respondent;
(2) Request an appropriate tribunal to set a date, time, and place for a hearing;
(3) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;
(4) Within two (2) days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;
(5) Within two (2) days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and
(6) Notify the petitioner if jurisdiction over the respondent cannot be obtained.
(c) A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts: (1) To ensure that the order to be registered is the controlling order; or (2) If two (2) or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.
(1) To ensure that the order to be registered is the controlling order; or
(2) If two (2) or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.
(d) A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.
(e) A support enforcement agency of this state shall issue or request a tribunal of this state to issue a child support order and an income-withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to § 36-5-2319 .
(f) Parts 20-29 of this chapter do not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-5-2703 — TN Code / Title 36 / Chapter 5 / Section 36-5-2703
Relationship of state department of human services to United States central authority
Status: in_force

The department of human services of this state is recognized as the agency designated by the United States central authority to perform specific functions under the Convention. Acts 2010, ch. 901, § 1.
The department of human services of this state is recognized as the agency designated by the United States central authority to perform specific functions under the Convention.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-6-603 — TN Code / Title 36 / Chapter 6 / Section 36-6-603
Cooperation and communication among courts
Status: in_force

Sections 36-6-210 , 36-6-211 and 36-6-212 apply to cooperation and communications among courts in proceedings under this part. Acts 2010, ch. 832, § 1.
Sections 36-6-210 , 36-6-211 and 36-6-212 apply to cooperation and communications among courts in proceedings under this part.
Acts 2010, ch. 832, § 1.
Tenn. Code Ann. § 36-4-117 — TN Code / Title 36 / Chapter 4 / Section 36-4-117
Proof when ground is spouse's refusal to remove to this state
Status: in_force

If the divorce is sought by the complainant spouse on the ground of the defendant spouse's refusal to remove with the complainant spouse to this state, and of the defendant spouse's willful absence for two (2) years without reasonable cause, the complainant spouse shall prove endeavors to induce the defendant spouse to live with the complainant spouse after the separation, and that the complainant spouse did not remove from the state where the complainant spouse resided for the purpose of obtaining a divorce. Code 1858, § 2463 (deriv. Acts 1835-1836, ch. 26, § 2); Shan., §4216; Code 1932, § 8441; Acts 1982, ch. 853, § 3; T.C.A. (orig. ed.), § 36-815.
If the divorce is sought by the complainant spouse on the ground of the defendant spouse's refusal to remove with the complainant spouse to this state, and of the defendant spouse's willful absence for two (2) years without reasonable cause, the complainant spouse shall prove endeavors to induce the defendant spouse to live with the complainant spouse after the separation, and that the complainant spouse did not remove from the state where the complainant spouse resided for the purpose of obtaining a divorce.
Code 1858, § 2463 (deriv. Acts 1835-1836, ch. 26, § 2); Shan., §4216; Code 1932, § 8441; Acts 1982, ch. 853, § 3; T.C.A. (orig. ed.), § 36-815.
Tenn. Code Ann. § 36-1-141 — TN Code / Title 36 / Chapter 1 / Section 36-1-141
Fees for searches, and copies - Promulgation of rules - Forms
Status: in_force

(a) (1) (A) The department shall, by rules promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2, establish fees or charges for conducting any search or record disclosure, except for those pursuant to § 36-1-135 , and for transmission of any data in connection with such searches, for: (i) Providing any nonidentifying information; or (ii) [Deleted by 2021 amendment.] (iii) [Deleted by 2021 amendment.] (iv) Providing copies of documents. (B) The rules shall provide for waiver of any fees or charges based upon a person's ability to pay. (2) Any fees or charges received by the department pursuant to this part shall be deposited with the state treasurer in accordance with § 9-4-301 . (b) The department shall, by rules promulgated pursuant to the Uniform Administrative Procedures Act, establish forms that shall be required for use by all Tennessee courts, agencies, and persons for: (1) Surrenders and parental consents; (2) Medical and social history information required by § 36-1-111 ; (3) Revocation of surrenders and parental consents; (4) Consents by minors or guardians ad litem required by § 36-1-117 ; (5) Certifications of completion of counseling and the criteria for counseling and certifications of the completion of legal service required by § 36-1-111 ; (6) Disclosure forms required pursuant to this part; and (7) [Deleted by 2021 amendment.] (8) Releases of information. (c) (1) The forms required by subsection (b) shall be promulgated pursuant to the Uniform Administrative Procedures Act, and shall be mandatory forms, and shall, notwithstanding any law to the contrary, be effective as emergency rules on the dates any of the sections of this part necessitating their promulgation become effective as provided by this part; provided, that the provisions of the Uniform Administrative Procedures Act, related to promulgation of such forms as permanent rules must be followed. (2) (A) Unless otherwise specifically directed by the general assembly, no provision of chapter 1054 of the Public Acts of 1996, or any other law that may necessitate the modification of any of the mandatory forms that may be required by this part or any other title of Tennessee Code Annotated at any time shall require the modification of any existing form or use of any new form until the department or its successor agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation promulgates such form as a permanent rule and such rule is effective, or unless it is determined by the department or its successor agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation that such change must be made under any requirements of § 4-5-209 . (B) No surrender, revocation, adoption or any other activity requiring the use of any form promulgated pursuant to this part shall be defective, void or invalid because it is undertaken using any form that is in effect as a promulgated and effective rule of the department or its successor agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation on the date of such action, whether or not any new or amended provision of chapter 1054 of the Public Acts of 1996, or any law has been enacted prior to the date of such action, until such form has been promulgated and is effective as a permanent rule, or as otherwise required by § 4-5-209 . It is the intent of the general assembly to preclude in any manner questions concerning the validity of any adoption or related proceeding or procedure due to the failure or inability of the department or its successor agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation to make timely changes to such mandatory forms. (3) Notwithstanding the provisions of the Uniform Administrative Procedures Act, or any other provision of chapter 1054 of the Public Acts of 1996, to the contrary, any forms promulgated by the department, or its successor state agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation, which forms are related to any provisions of this part for the implementation of the release of identifying information process involving the access to records pursuant to this part, shall be effective as emergency rules, following approval of such emergency rules by the attorney general and reporter, upon the date of the filing of such rules with the secretary of state; provided, that the provisions of the Uniform Administrative Procedures Act, relative to the promulgation of such rules as permanent rules must be followed. (d) Any other rules required by the departments of children's services, health, and general services to effect implementation of this part upon the effective dates of any sections in this part, including rules establishing fees and charges for services, shall, notwithstanding any law to the contrary, be effective as emergency rules on the date of filing such rules; provided, that the provisions of the Uniform Administrative Procedures Act, related to promulgation of such rules as permanent rules must be followed. (e) The departments of children's services, health, and general services shall be authorized to promulgate such other rules pursuant to the Uniform Administrative Procedures Act, as may be necessary for the implementation of this part. (f) The departments of children's services, health and general services shall make master copies of all forms necessary for compliance with chapter 532 of the Public Acts of 1995, available to all clerks of courts with adoption or surrender jurisdiction, to the administrative office of the courts, to the department of children's services' county offices, to all licensed child-placing agencies and to any persons requesting them. Such master copies may then be duplicated and such exact duplicates shall be valid for any use required by this part. Master copies may, in addition, be provided to the clerks, the administrative office of the courts, the department of children's services' county offices, to all licensed child-placing agencies and to any persons requesting them by any suitable electronic medium as is deemed suitable to each of the departments for its purposes. Electronic facsimile copies of the forms prescribed under this section shall be valid for use as may be required. Amended by 2021 Tenn. Acts, ch. 101, Secs.s26, s27 eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 101, s 25, eff. 7/1/2022. Acts 1995, ch. 532, § 1; 1996, ch. 1054, §§ 100, 101, 126; 1996, ch. 1079, § 69; 1998, ch. 1022, § 2; 2009 , ch. 566, § 12.
(a) (1) (A) The department shall, by rules promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2, establish fees or charges for conducting any search or record disclosure, except for those pursuant to § 36-1-135 , and for transmission of any data in connection with such searches, for: (i) Providing any nonidentifying information; or (ii) [Deleted by 2021 amendment.] (iii) [Deleted by 2021 amendment.] (iv) Providing copies of documents. (B) The rules shall provide for waiver of any fees or charges based upon a person's ability to pay. (2) Any fees or charges received by the department pursuant to this part shall be deposited with the state treasurer in accordance with § 9-4-301 .
(1) (A) The department shall, by rules promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2, establish fees or charges for conducting any search or record disclosure, except for those pursuant to § 36-1-135 , and for transmission of any data in connection with such searches, for: (i) Providing any nonidentifying information; or (ii) [Deleted by 2021 amendment.] (iii) [Deleted by 2021 amendment.] (iv) Providing copies of documents. (B) The rules shall provide for waiver of any fees or charges based upon a person's ability to pay.
(A) The department shall, by rules promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2, establish fees or charges for conducting any search or record disclosure, except for those pursuant to § 36-1-135 , and for transmission of any data in connection with such searches, for: (i) Providing any nonidentifying information; or (ii) [Deleted by 2021 amendment.] (iii) [Deleted by 2021 amendment.] (iv) Providing copies of documents.
(i) Providing any nonidentifying information; or
(ii) [Deleted by 2021 amendment.]
(iii) [Deleted by 2021 amendment.]
(iv) Providing copies of documents.
(B) The rules shall provide for waiver of any fees or charges based upon a person's ability to pay.
(2) Any fees or charges received by the department pursuant to this part shall be deposited with the state treasurer in accordance with § 9-4-301 .
(b) The department shall, by rules promulgated pursuant to the Uniform Administrative Procedures Act, establish forms that shall be required for use by all Tennessee courts, agencies, and persons for: (1) Surrenders and parental consents; (2) Medical and social history information required by § 36-1-111 ; (3) Revocation of surrenders and parental consents; (4) Consents by minors or guardians ad litem required by § 36-1-117 ; (5) Certifications of completion of counseling and the criteria for counseling and certifications of the completion of legal service required by § 36-1-111 ; (6) Disclosure forms required pursuant to this part; and (7) [Deleted by 2021 amendment.] (8) Releases of information.
(1) Surrenders and parental consents;
(2) Medical and social history information required by § 36-1-111 ;
(3) Revocation of surrenders and parental consents;
(4) Consents by minors or guardians ad litem required by § 36-1-117 ;
(5) Certifications of completion of counseling and the criteria for counseling and certifications of the completion of legal service required by § 36-1-111 ;
(6) Disclosure forms required pursuant to this part; and
(7) [Deleted by 2021 amendment.]
(8) Releases of information.
(c) (1) The forms required by subsection (b) shall be promulgated pursuant to the Uniform Administrative Procedures Act, and shall be mandatory forms, and shall, notwithstanding any law to the contrary, be effective as emergency rules on the dates any of the sections of this part necessitating their promulgation become effective as provided by this part; provided, that the provisions of the Uniform Administrative Procedures Act, related to promulgation of such forms as permanent rules must be followed. (2) (A) Unless otherwise specifically directed by the general assembly, no provision of chapter 1054 of the Public Acts of 1996, or any other law that may necessitate the modification of any of the mandatory forms that may be required by this part or any other title of Tennessee Code Annotated at any time shall require the modification of any existing form or use of any new form until the department or its successor agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation promulgates such form as a permanent rule and such rule is effective, or unless it is determined by the department or its successor agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation that such change must be made under any requirements of § 4-5-209 . (B) No surrender, revocation, adoption or any other activity requiring the use of any form promulgated pursuant to this part shall be defective, void or invalid because it is undertaken using any form that is in effect as a promulgated and effective rule of the department or its successor agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation on the date of such action, whether or not any new or amended provision of chapter 1054 of the Public Acts of 1996, or any law has been enacted prior to the date of such action, until such form has been promulgated and is effective as a permanent rule, or as otherwise required by § 4-5-209 . It is the intent of the general assembly to preclude in any manner questions concerning the validity of any adoption or related proceeding or procedure due to the failure or inability of the department or its successor agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation to make timely changes to such mandatory forms. (3) Notwithstanding the provisions of the Uniform Administrative Procedures Act, or any other provision of chapter 1054 of the Public Acts of 1996, to the contrary, any forms promulgated by the department, or its successor state agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation, which forms are related to any provisions of this part for the implementation of the release of identifying information process involving the access to records pursuant to this part, shall be effective as emergency rules, following approval of such emergency rules by the attorney general and reporter, upon the date of the filing of such rules with the secretary of state; provided, that the provisions of the Uniform Administrative Procedures Act, relative to the promulgation of such rules as permanent rules must be followed.
(1) The forms required by subsection (b) shall be promulgated pursuant to the Uniform Administrative Procedures Act, and shall be mandatory forms, and shall, notwithstanding any law to the contrary, be effective as emergency rules on the dates any of the sections of this part necessitating their promulgation become effective as provided by this part; provided, that the provisions of the Uniform Administrative Procedures Act, related to promulgation of such forms as permanent rules must be followed.
(2) (A) Unless otherwise specifically directed by the general assembly, no provision of chapter 1054 of the Public Acts of 1996, or any other law that may necessitate the modification of any of the mandatory forms that may be required by this part or any other title of Tennessee Code Annotated at any time shall require the modification of any existing form or use of any new form until the department or its successor agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation promulgates such form as a permanent rule and such rule is effective, or unless it is determined by the department or its successor agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation that such change must be made under any requirements of § 4-5-209 . (B) No surrender, revocation, adoption or any other activity requiring the use of any form promulgated pursuant to this part shall be defective, void or invalid because it is undertaken using any form that is in effect as a promulgated and effective rule of the department or its successor agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation on the date of such action, whether or not any new or amended provision of chapter 1054 of the Public Acts of 1996, or any law has been enacted prior to the date of such action, until such form has been promulgated and is effective as a permanent rule, or as otherwise required by § 4-5-209 . It is the intent of the general assembly to preclude in any manner questions concerning the validity of any adoption or related proceeding or procedure due to the failure or inability of the department or its successor agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation to make timely changes to such mandatory forms.
(A) Unless otherwise specifically directed by the general assembly, no provision of chapter 1054 of the Public Acts of 1996, or any other law that may necessitate the modification of any of the mandatory forms that may be required by this part or any other title of Tennessee Code Annotated at any time shall require the modification of any existing form or use of any new form until the department or its successor agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation promulgates such form as a permanent rule and such rule is effective, or unless it is determined by the department or its successor agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation that such change must be made under any requirements of § 4-5-209 .
(B) No surrender, revocation, adoption or any other activity requiring the use of any form promulgated pursuant to this part shall be defective, void or invalid because it is undertaken using any form that is in effect as a promulgated and effective rule of the department or its successor agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation on the date of such action, whether or not any new or amended provision of chapter 1054 of the Public Acts of 1996, or any law has been enacted prior to the date of such action, until such form has been promulgated and is effective as a permanent rule, or as otherwise required by § 4-5-209 . It is the intent of the general assembly to preclude in any manner questions concerning the validity of any adoption or related proceeding or procedure due to the failure or inability of the department or its successor agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation to make timely changes to such mandatory forms.
(3) Notwithstanding the provisions of the Uniform Administrative Procedures Act, or any other provision of chapter 1054 of the Public Acts of 1996, to the contrary, any forms promulgated by the department, or its successor state agency providing adoption services under this part pursuant to any executive order or pursuant to any other legislation, which forms are related to any provisions of this part for the implementation of the release of identifying information process involving the access to records pursuant to this part, shall be effective as emergency rules, following approval of such emergency rules by the attorney general and reporter, upon the date of the filing of such rules with the secretary of state; provided, that the provisions of the Uniform Administrative Procedures Act, relative to the promulgation of such rules as permanent rules must be followed.
(d) Any other rules required by the departments of children's services, health, and general services to effect implementation of this part upon the effective dates of any sections in this part, including rules establishing fees and charges for services, shall, notwithstanding any law to the contrary, be effective as emergency rules on the date of filing such rules; provided, that the provisions of the Uniform Administrative Procedures Act, related to promulgation of such rules as permanent rules must be followed.
(e) The departments of children's services, health, and general services shall be authorized to promulgate such other rules pursuant to the Uniform Administrative Procedures Act, as may be necessary for the implementation of this part.
(f) The departments of children's services, health and general services shall make master copies of all forms necessary for compliance with chapter 532 of the Public Acts of 1995, available to all clerks of courts with adoption or surrender jurisdiction, to the administrative office of the courts, to the department of children's services' county offices, to all licensed child-placing agencies and to any persons requesting them. Such master copies may then be duplicated and such exact duplicates shall be valid for any use required by this part. Master copies may, in addition, be provided to the clerks, the administrative office of the courts, the department of children's services' county offices, to all licensed child-placing agencies and to any persons requesting them by any suitable electronic medium as is deemed suitable to each of the departments for its purposes. Electronic facsimile copies of the forms prescribed under this section shall be valid for use as may be required.
Amended by 2021 Tenn. Acts, ch. 101, Secs.s26, s27 eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 101, s 25, eff. 7/1/2022.
Acts 1995, ch. 532, § 1; 1996, ch. 1054, §§ 100, 101, 126; 1996, ch. 1079, § 69; 1998, ch. 1022, § 2; 2009 , ch. 566, § 12.
Tenn. Code Ann. § 36-5-2306 — TN Code / Title 36 / Chapter 5 / Section 36-5-2306
Inappropriate tribunal
Status: in_force

If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent. Acts 2010, ch. 901, § 1.
If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-3-112 — TN Code / Title 36 / Chapter 3 / Section 36-3-112
Fraudulently signing or using false documents - Misdemeanor
Status: in_force

Fraudulently signing or knowingly using any false document purporting to be one provided for in § 36-3-104 or § 36-3-106 is a Class C misdemeanor. Acts 1937, ch. 81, § 7; C. Supp. 1950, § 8414.7; T.C.A. (orig. ed.), § 36-414; Acts 1989, ch. 591, § 113.
Fraudulently signing or knowingly using any false document purporting to be one provided for in § 36-3-104 or § 36-3-106 is a Class C misdemeanor.
Acts 1937, ch. 81, § 7; C. Supp. 1950, § 8414.7; T.C.A. (orig. ed.), § 36-414; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 36-3-306 — TN Code / Title 36 / Chapter 3 / Section 36-3-306
Marriage consummated by ceremony not invalidated by failure to comply with law - Restriction
Status: in_force

Failure to comply with the requirements of §§ 36-3-104 - 36-3-106, 36-3-109 - 36-3-111 shall not affect the validity of any marriage consummated by ceremony. No marriage shall be valid, whether consummated by ceremony or otherwise, if the marriage is prohibited in this state. Amended by 2018 Tenn. Acts, ch. 1049,s 7, eff. 5/21/2018. Acts 1937, ch. 81, § 6; C. Supp. 1950, § 8414.6; T.C.A. (orig. ed.), § 36-420; Acts 1996, ch. 1031, § 4.
Failure to comply with the requirements of §§ 36-3-104 - 36-3-106, 36-3-109 - 36-3-111 shall not affect the validity of any marriage consummated by ceremony. No marriage shall be valid, whether consummated by ceremony or otherwise, if the marriage is prohibited in this state.
Amended by 2018 Tenn. Acts, ch. 1049,s 7, eff. 5/21/2018.
Acts 1937, ch. 81, § 6; C. Supp. 1950, § 8414.6; T.C.A. (orig. ed.), § 36-420; Acts 1996, ch. 1031, § 4.
Tenn. Code Ann. § 36-7-310 — TN Code / Title 36 / Chapter 7 / Section 36-7-310
Modifying or terminating grant of custodial responsibility to nonparent
Status: in_force

(a) Except for an order under § 36-7-305 , except as otherwise provided in subsection (b), and consistent with the Service Members Civil Relief Act (50 U.S.C. Appendix Sections 521 and 522), on motion of a deploying or other parent or any nonparent to whom caretaking authority, decision-making authority, or limited contact has been granted, the court may modify or terminate the grant if the modification or termination is consistent with this part and it is in the best interest of the child. A modification is temporary and terminates pursuant to part 4 of this chapter after the deploying parent returns from deployment, unless the grant has been terminated before that time by court order. (b) On motion of a deploying parent, the court shall terminate a grant of limited contact. Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
(a) Except for an order under § 36-7-305 , except as otherwise provided in subsection (b), and consistent with the Service Members Civil Relief Act (50 U.S.C. Appendix Sections 521 and 522), on motion of a deploying or other parent or any nonparent to whom caretaking authority, decision-making authority, or limited contact has been granted, the court may modify or terminate the grant if the modification or termination is consistent with this part and it is in the best interest of the child. A modification is temporary and terminates pursuant to part 4 of this chapter after the deploying parent returns from deployment, unless the grant has been terminated before that time by court order.
(b) On motion of a deploying parent, the court shall terminate a grant of limited contact.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 36-1-127 — TN Code / Title 36 / Chapter 1 / Section 36-1-127
Availability of records to adopted persons and certain other persons for adoptions finalized or attempted prior to certain dates
Status: in_force

(a) (1) On March 16, 1951, chapter 202 of the Public Acts of 1951 became effective. As a result, all records related to persons who had been adopted, all records concerning a person for whom any records were maintained and that may have related to an adoption or attempted adoption and that were treated by the department of human services, the former department of public welfare, the courts, the department of health, or any other information sources as a sealed record or sealed adoption record involving an adoption or attempted adoption of a person, became confidential, nonpublic records that were not made readily available to persons about whom the records were kept. (2) It is the intent of the general assembly that all adoption records, court records, sealed records, or sealed adoption records, and post-adoption records and other records or information, except as may otherwise be provided in this part, and that are contained in any information source on and after January 1, 1996, and that were in existence on March 16, 1951, be made available to eligible persons as provided in this part, and that to that end this is remedial legislation. (3) It is the further intent of the general assembly, in view of the testimony before the adoption study commission established by Senate Joint Resolution 17 of the Ninety-Eighth General Assembly (1993 session), which testimony demonstrated the great concern by many persons regarding the practices of certain Tennessee adoption agencies in earlier years, that any adoption records, sealed records, sealed adoption records or post-adoption records, or other records maintained at any time by the Tennessee children's home society or its branches or divisions, chartered on June 24, 1913, and authorized under chapter 113 of the Public Acts of 1919; and any branch or division thereof, including an organization known as the Tennessee children's home society-Shelby County division, which was referenced in the report of the Tennessee department of public welfare to Governor Gordon Browning dated June 12, 1951, shall also be made available to eligible persons in accordance with this part, whether such records were completed or sealed before, on, or after March 16, 1951, and whether any persons subject to the care and supervision of such agency or its branches were ever actually adopted, and to that end this is remedial legislation. (b) Effective January 1, 1996, pursuant to the requirements of subsections (g) and (h), and subject to the restrictions in the following sections or subsections: (1) (A) All adoption records, sealed records, sealed adoption records, post-adoption records, home studies, or any other records or papers, existing prior to March 16, 1951, and relating to the adoption or attempted adoption of a person, which adoption was finalized by completion of the adoption by the entry of an order of adoption or an order of dismissal of the adoption proceeding prior to March 16, 1951; or which adoption was otherwise never completed due to the abandonment, prior to March 16, 1951, of any further necessary activity related to the completion of the adoption, and which records were sealed or closed by the court before that date, or where the record or other evidence demonstrates that a person was surrendered for adoption prior to March 16, 1951; or (B) Any adoption records, sealed records, sealed adoption records, post-adoption records, or any other records or papers, existing prior to March 16, 1951, and relating to the adoption or attempted adoption of a person that before the effective date of chapter 532 of the Public Acts of 1995 [see Compiler's Notes], have been treated as, or have been determined by the department or any other information source to be, cases of adoptions finalized by the completion of the adoption by the entry of an order of adoption or by entry of an order of dismissal of the adoption prior to March 16, 1951; or that have been treated by or are determined by the department as finalized adoptions due to the abandonment, prior to March 16, 1951, of any further necessary activity related to the completion of the adoption, or where the record or other evidence demonstrates that a person was surrendered for adoption prior to March 16, 1951; or (2) All adoption records, sealed records, sealed adoption records, post-adoption records, or any other papers or records, existing either before or after March 16, 1951, concerning a person who was subject to the care and supervision, or subject to placement for foster care or adoption, by any agency described in subdivision (a)(3), or which records were maintained by any child care or child-placing agency that had, either before or after March 16, 1951, subsequently assumed the care and supervision of a child who had previously been subject to the care and control of an agency described in subdivision (a)(3), whether or not the adoption of such person was the plan, whether the person was placed for the purpose of adoption or whether the adoption was finalized by entry of an order of adoption or by order of dismissal of the adoption, whether the adoption was attempted, or was otherwise never completed due to failure to file an adoption petition or due to the abandonment of any further necessary activity related to the completion of the adoption, either before or after March 16, 1951; and (3) Which records are in the office of the clerk of the adoption court, in the offices of the department of health, in the office of any child-placing agency, whether or not it is chartered or licensed, in the state, district, or county offices of the department of children's services, or in any other information source, shall be made available to the following eligible persons: (A) An adopted person or a person subject to subdivision (b)(1) and (2) who is twenty-one (21) years of age or older for whom an adoption record, sealed record, sealed adoption record, post-adoption record, or other record or paper is, nevertheless, maintained; (B) The parents of any person described in subdivision (b)(3)(A); (C) The siblings of any person described in subdivision (b)(3)(A); (D) The lineal descendants, twenty-one (21) years or older, of any person described in subdivision (b)(3)(A); (E) The lineal ancestors of a person described in subdivision (b)(3)(A); or (F) The legal representatives of the person described in subdivisions (b)(3)(A)-(E). (c) Effective July 1, 1996, pursuant to the requirements of subsections (g) and (h), and subject to the restrictions in the following sections or subsections: (1) (A) All adoption records, sealed records, sealed adoption records, post-adoption records, or any other records or papers for a person relating to the adoption or attempted adoption of a person, which adoption was finalized by the completion of the adoption by the entry of an order of adoption or an order of dismissal of the adoption proceeding on or after March 16, 1951, or which records relate to an adoption or attempted adoption where the adoption petition was filed on or after March 16, 1951, or that was otherwise never completed, due to the abandonment, as determined by the department, on or after March 16, 1951, of any further necessary activity related to the completion of the adoption, and which records are in the office of the clerk of the adoption court, in the offices of the department of health, in the office of any child-placing agency, whether or not it is chartered or licensed, in the state, district, or county offices of the department of children's services, or in any other information source, shall be made available to the following eligible persons: (i) An adopted person or a person subject to subdivision (c)(1)(A) who is twenty-one (21) years of age or older on whom an adoption record, sealed record, sealed adoption record, post-adoption record, or other record or paper is maintained; (ii) The legal representative of a person described in subdivision (c)(1)(A)(i); (B) Information from any records of an adopted person, or any person otherwise subject to subdivision (c)(1)(A) for whom records are otherwise maintained, shall be released by the department or any other information source only to the parents, siblings, lineal descendants, or lineal ancestors, of the adopted person or of a person for whom records are maintained as described in subdivision (c)(1)(A), and only with the express written consent given to the department by the adopted person or of a person for whom records are maintained as described in subdivision (c)(1)(A), twenty-one (21) years of age or older, or such person's legal representative; provided, that nothing herein shall be construed to prevent access to identifying information in the records of the adopted person as otherwise permitted or required pursuant to §§ 36-1-125 , 36-1-126 and 36-1-138 ; (C) If an adopted person or a person for whom records are maintained as described in subdivision (c)(1)(A) is deceased or is disabled as defined for purposes of appointment of a conservator under title 34, the lineal descendants of such person may petition the court pursuant to § 36-1-138(c)(7) , to be given access to the records of such person; (2) [Deleted by 2021 amendment.] (3) On July 1, 1996, the records access procedure established pursuant to subdivision (c)(1) and subsections (d)-(h) and other sections of this part shall become effective for access to records and contact by eligible persons under this part as set forth in subdivision (c)(1) and any other provisions of this part; (4) Effective January 1, 1996, the basis for judicially-ordered opening of all records pursuant to this part shall be the provisions set forth in § 36-1-138 and any other relevant provisions of this part. (d) [Deleted by 2021 amendment.] (e) (1) Except in cases arising pursuant to subsection (b) or § 36-1-138 , no access to identifying information in any adoption record, sealed record, sealed adoption record, post-adoption record or adoption assistance record shall be granted: (A) To any parent, preadoptive guardian, sibling, lineal descendant or lineal ancestor of a person under twenty-one (21) years of age; or (B) At any time to any parent or preadoptive guardian, or to a sibling, lineal ancestor, or spouse or legal representative of the person whose rights were involuntarily terminated for cause in a termination of parental rights proceeding; or (C) To any persons whom the sealed record, sealed adoption record or the post adoption record indicates were guilty of a crime of violence or neglect involving the person who was placed for adoption or who was the subject of the termination of parental rights by court action or by surrender or parental consent. (2) Notwithstanding any other law to the contrary, no identifying information from the sealed records, sealed adoption records or post adoption records shall be released without the written consent of the biological parent if such records indicate that, with respect to the adopted person, the biological parent was the victim of rape or incest. If a biological parent for whom records contain such information is deceased or if a conservator of the person and property of such person has been appointed under title 34, the lineal descendants of such person may petition the court pursuant to the same procedures established pursuant to § 36-1-138(c)(7) to be given access to identifying information of the biological parent. (3) Notwithstanding § 36-1-149 or another law to the contrary, no identifying information from the sealed records, sealed adoption records, or post-adoption records may be released if the biological parent of the adopted person has executed a request for redaction of identifying information, and the adopted person was less than six (6) months old at the time the request was executed. Such request for redaction must be made on a form created by the department, and may only be rescinded by submission of a sworn, notarized statement requesting such rescission. The rescission is effective upon the department's acknowledgment of receipt of the rescission. (f) [Deleted by 2021 amendment.] (g) (1) Access by any eligible person under any subsection of this section to any records held by the department, the court, the department of general services or health, or any licensed child-placing agency or licensed clinical social worker may only be had after verification of the identity of the requesting party and written authorization by the department is received by those information sources from the department. (2) If the department does not have a sealed record, sealed adoption record, or post-adoption record, and if the person seeking information concerning the history of an adopted person has a copy of the order of adoption from a Tennessee court, or in cases where the adoption was handled by any agency described in subdivision (a)(3), a copy of an order of adoption from any other court and/or any other proof of the person's care, supervision, or placement for adoption by any agency described in subdivision (a)(3), and any other proof of the adoption of the person in Tennessee, any of which, in the discretion of the department is satisfactory to prove that the person is an eligible person, the department may issue a statement to that person permitting that person to obtain access to any records held by any other information source. (h) (1) A request for access to an adoption record, sealed adoption record, sealed record, or a post-adoption record, pursuant to this section, shall be made in writing to the department. (2) The writing shall include the following information: (A) The name, date of birth, address, and telephone number of the person requesting the access; (B) Information, including legal documents or affidavits, if available, that establish the person's legal relationship to any person under this section or that otherwise establishes the person's right to request access; (C) Any other information that the department requires to establish the person's identity, to locate records involving the requesting parties or the persons with whom contact may be sought, and to establish the person's right to request access; and (D) Identification of any person or persons or class of persons, if any, with whom the requesting party seeks contact; provided, that this provision shall not apply to persons seeking information pursuant to subsection (b). (3) If the information in the written request does not establish the person's right to have access to the records, the department will search the sealed adoption and post-adoption records, including those of other alleged siblings, if available, for information that may establish the person's right to have such access. Amended by 2023 Tenn. Acts, ch. 187, s 9, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 101, Secs.s 12, s 13, s 14, s 15, s 16 eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 101, s 11, eff. 7/1/2022. Acts 1995, ch. 532, § 1; 1996, ch. 1054, §§ 80-83, 86, 129; 1996, ch. 1068, § 2; 1996, ch. 1079, § 69.
(a) (1) On March 16, 1951, chapter 202 of the Public Acts of 1951 became effective. As a result, all records related to persons who had been adopted, all records concerning a person for whom any records were maintained and that may have related to an adoption or attempted adoption and that were treated by the department of human services, the former department of public welfare, the courts, the department of health, or any other information sources as a sealed record or sealed adoption record involving an adoption or attempted adoption of a person, became confidential, nonpublic records that were not made readily available to persons about whom the records were kept. (2) It is the intent of the general assembly that all adoption records, court records, sealed records, or sealed adoption records, and post-adoption records and other records or information, except as may otherwise be provided in this part, and that are contained in any information source on and after January 1, 1996, and that were in existence on March 16, 1951, be made available to eligible persons as provided in this part, and that to that end this is remedial legislation. (3) It is the further intent of the general assembly, in view of the testimony before the adoption study commission established by Senate Joint Resolution 17 of the Ninety-Eighth General Assembly (1993 session), which testimony demonstrated the great concern by many persons regarding the practices of certain Tennessee adoption agencies in earlier years, that any adoption records, sealed records, sealed adoption records or post-adoption records, or other records maintained at any time by the Tennessee children's home society or its branches or divisions, chartered on June 24, 1913, and authorized under chapter 113 of the Public Acts of 1919; and any branch or division thereof, including an organization known as the Tennessee children's home society-Shelby County division, which was referenced in the report of the Tennessee department of public welfare to Governor Gordon Browning dated June 12, 1951, shall also be made available to eligible persons in accordance with this part, whether such records were completed or sealed before, on, or after March 16, 1951, and whether any persons subject to the care and supervision of such agency or its branches were ever actually adopted, and to that end this is remedial legislation.
(1) On March 16, 1951, chapter 202 of the Public Acts of 1951 became effective. As a result, all records related to persons who had been adopted, all records concerning a person for whom any records were maintained and that may have related to an adoption or attempted adoption and that were treated by the department of human services, the former department of public welfare, the courts, the department of health, or any other information sources as a sealed record or sealed adoption record involving an adoption or attempted adoption of a person, became confidential, nonpublic records that were not made readily available to persons about whom the records were kept.
(2) It is the intent of the general assembly that all adoption records, court records, sealed records, or sealed adoption records, and post-adoption records and other records or information, except as may otherwise be provided in this part, and that are contained in any information source on and after January 1, 1996, and that were in existence on March 16, 1951, be made available to eligible persons as provided in this part, and that to that end this is remedial legislation.
(3) It is the further intent of the general assembly, in view of the testimony before the adoption study commission established by Senate Joint Resolution 17 of the Ninety-Eighth General Assembly (1993 session), which testimony demonstrated the great concern by many persons regarding the practices of certain Tennessee adoption agencies in earlier years, that any adoption records, sealed records, sealed adoption records or post-adoption records, or other records maintained at any time by the Tennessee children's home society or its branches or divisions, chartered on June 24, 1913, and authorized under chapter 113 of the Public Acts of 1919; and any branch or division thereof, including an organization known as the Tennessee children's home society-Shelby County division, which was referenced in the report of the Tennessee department of public welfare to Governor Gordon Browning dated June 12, 1951, shall also be made available to eligible persons in accordance with this part, whether such records were completed or sealed before, on, or after March 16, 1951, and whether any persons subject to the care and supervision of such agency or its branches were ever actually adopted, and to that end this is remedial legislation.
(b) Effective January 1, 1996, pursuant to the requirements of subsections (g) and (h), and subject to the restrictions in the following sections or subsections: (1) (A) All adoption records, sealed records, sealed adoption records, post-adoption records, home studies, or any other records or papers, existing prior to March 16, 1951, and relating to the adoption or attempted adoption of a person, which adoption was finalized by completion of the adoption by the entry of an order of adoption or an order of dismissal of the adoption proceeding prior to March 16, 1951; or which adoption was otherwise never completed due to the abandonment, prior to March 16, 1951, of any further necessary activity related to the completion of the adoption, and which records were sealed or closed by the court before that date, or where the record or other evidence demonstrates that a person was surrendered for adoption prior to March 16, 1951; or (B) Any adoption records, sealed records, sealed adoption records, post-adoption records, or any other records or papers, existing prior to March 16, 1951, and relating to the adoption or attempted adoption of a person that before the effective date of chapter 532 of the Public Acts of 1995 [see Compiler's Notes], have been treated as, or have been determined by the department or any other information source to be, cases of adoptions finalized by the completion of the adoption by the entry of an order of adoption or by entry of an order of dismissal of the adoption prior to March 16, 1951; or that have been treated by or are determined by the department as finalized adoptions due to the abandonment, prior to March 16, 1951, of any further necessary activity related to the completion of the adoption, or where the record or other evidence demonstrates that a person was surrendered for adoption prior to March 16, 1951; or (2) All adoption records, sealed records, sealed adoption records, post-adoption records, or any other papers or records, existing either before or after March 16, 1951, concerning a person who was subject to the care and supervision, or subject to placement for foster care or adoption, by any agency described in subdivision (a)(3), or which records were maintained by any child care or child-placing agency that had, either before or after March 16, 1951, subsequently assumed the care and supervision of a child who had previously been subject to the care and control of an agency described in subdivision (a)(3), whether or not the adoption of such person was the plan, whether the person was placed for the purpose of adoption or whether the adoption was finalized by entry of an order of adoption or by order of dismissal of the adoption, whether the adoption was attempted, or was otherwise never completed due to failure to file an adoption petition or due to the abandonment of any further necessary activity related to the completion of the adoption, either before or after March 16, 1951; and (3) Which records are in the office of the clerk of the adoption court, in the offices of the department of health, in the office of any child-placing agency, whether or not it is chartered or licensed, in the state, district, or county offices of the department of children's services, or in any other information source, shall be made available to the following eligible persons: (A) An adopted person or a person subject to subdivision (b)(1) and (2) who is twenty-one (21) years of age or older for whom an adoption record, sealed record, sealed adoption record, post-adoption record, or other record or paper is, nevertheless, maintained; (B) The parents of any person described in subdivision (b)(3)(A); (C) The siblings of any person described in subdivision (b)(3)(A); (D) The lineal descendants, twenty-one (21) years or older, of any person described in subdivision (b)(3)(A); (E) The lineal ancestors of a person described in subdivision (b)(3)(A); or (F) The legal representatives of the person described in subdivisions (b)(3)(A)-(E).
(1) (A) All adoption records, sealed records, sealed adoption records, post-adoption records, home studies, or any other records or papers, existing prior to March 16, 1951, and relating to the adoption or attempted adoption of a person, which adoption was finalized by completion of the adoption by the entry of an order of adoption or an order of dismissal of the adoption proceeding prior to March 16, 1951; or which adoption was otherwise never completed due to the abandonment, prior to March 16, 1951, of any further necessary activity related to the completion of the adoption, and which records were sealed or closed by the court before that date, or where the record or other evidence demonstrates that a person was surrendered for adoption prior to March 16, 1951; or (B) Any adoption records, sealed records, sealed adoption records, post-adoption records, or any other records or papers, existing prior to March 16, 1951, and relating to the adoption or attempted adoption of a person that before the effective date of chapter 532 of the Public Acts of 1995 [see Compiler's Notes], have been treated as, or have been determined by the department or any other information source to be, cases of adoptions finalized by the completion of the adoption by the entry of an order of adoption or by entry of an order of dismissal of the adoption prior to March 16, 1951; or that have been treated by or are determined by the department as finalized adoptions due to the abandonment, prior to March 16, 1951, of any further necessary activity related to the completion of the adoption, or where the record or other evidence demonstrates that a person was surrendered for adoption prior to March 16, 1951; or
(A) All adoption records, sealed records, sealed adoption records, post-adoption records, home studies, or any other records or papers, existing prior to March 16, 1951, and relating to the adoption or attempted adoption of a person, which adoption was finalized by completion of the adoption by the entry of an order of adoption or an order of dismissal of the adoption proceeding prior to March 16, 1951; or which adoption was otherwise never completed due to the abandonment, prior to March 16, 1951, of any further necessary activity related to the completion of the adoption, and which records were sealed or closed by the court before that date, or where the record or other evidence demonstrates that a person was surrendered for adoption prior to March 16, 1951; or
(B) Any adoption records, sealed records, sealed adoption records, post-adoption records, or any other records or papers, existing prior to March 16, 1951, and relating to the adoption or attempted adoption of a person that before the effective date of chapter 532 of the Public Acts of 1995 [see Compiler's Notes], have been treated as, or have been determined by the department or any other information source to be, cases of adoptions finalized by the completion of the adoption by the entry of an order of adoption or by entry of an order of dismissal of the adoption prior to March 16, 1951; or that have been treated by or are determined by the department as finalized adoptions due to the abandonment, prior to March 16, 1951, of any further necessary activity related to the completion of the adoption, or where the record or other evidence demonstrates that a person was surrendered for adoption prior to March 16, 1951; or
(2) All adoption records, sealed records, sealed adoption records, post-adoption records, or any other papers or records, existing either before or after March 16, 1951, concerning a person who was subject to the care and supervision, or subject to placement for foster care or adoption, by any agency described in subdivision (a)(3), or which records were maintained by any child care or child-placing agency that had, either before or after March 16, 1951, subsequently assumed the care and supervision of a child who had previously been subject to the care and control of an agency described in subdivision (a)(3), whether or not the adoption of such person was the plan, whether the person was placed for the purpose of adoption or whether the adoption was finalized by entry of an order of adoption or by order of dismissal of the adoption, whether the adoption was attempted, or was otherwise never completed due to failure to file an adoption petition or due to the abandonment of any further necessary activity related to the completion of the adoption, either before or after March 16, 1951; and
(3) Which records are in the office of the clerk of the adoption court, in the offices of the department of health, in the office of any child-placing agency, whether or not it is chartered or licensed, in the state, district, or county offices of the department of children's services, or in any other information source, shall be made available to the following eligible persons: (A) An adopted person or a person subject to subdivision (b)(1) and (2) who is twenty-one (21) years of age or older for whom an adoption record, sealed record, sealed adoption record, post-adoption record, or other record or paper is, nevertheless, maintained; (B) The parents of any person described in subdivision (b)(3)(A); (C) The siblings of any person described in subdivision (b)(3)(A); (D) The lineal descendants, twenty-one (21) years or older, of any person described in subdivision (b)(3)(A); (E) The lineal ancestors of a person described in subdivision (b)(3)(A); or (F) The legal representatives of the person described in subdivisions (b)(3)(A)-(E).
(A) An adopted person or a person subject to subdivision (b)(1) and (2) who is twenty-one (21) years of age or older for whom an adoption record, sealed record, sealed adoption record, post-adoption record, or other record or paper is, nevertheless, maintained;
(B) The parents of any person described in subdivision (b)(3)(A);
(C) The siblings of any person described in subdivision (b)(3)(A);
(D) The lineal descendants, twenty-one (21) years or older, of any person described in subdivision (b)(3)(A);
(E) The lineal ancestors of a person described in subdivision (b)(3)(A); or
(F) The legal representatives of the person described in subdivisions (b)(3)(A)-(E).
(c) Effective July 1, 1996, pursuant to the requirements of subsections (g) and (h), and subject to the restrictions in the following sections or subsections: (1) (A) All adoption records, sealed records, sealed adoption records, post-adoption records, or any other records or papers for a person relating to the adoption or attempted adoption of a person, which adoption was finalized by the completion of the adoption by the entry of an order of adoption or an order of dismissal of the adoption proceeding on or after March 16, 1951, or which records relate to an adoption or attempted adoption where the adoption petition was filed on or after March 16, 1951, or that was otherwise never completed, due to the abandonment, as determined by the department, on or after March 16, 1951, of any further necessary activity related to the completion of the adoption, and which records are in the office of the clerk of the adoption court, in the offices of the department of health, in the office of any child-placing agency, whether or not it is chartered or licensed, in the state, district, or county offices of the department of children's services, or in any other information source, shall be made available to the following eligible persons: (i) An adopted person or a person subject to subdivision (c)(1)(A) who is twenty-one (21) years of age or older on whom an adoption record, sealed record, sealed adoption record, post-adoption record, or other record or paper is maintained; (ii) The legal representative of a person described in subdivision (c)(1)(A)(i); (B) Information from any records of an adopted person, or any person otherwise subject to subdivision (c)(1)(A) for whom records are otherwise maintained, shall be released by the department or any other information source only to the parents, siblings, lineal descendants, or lineal ancestors, of the adopted person or of a person for whom records are maintained as described in subdivision (c)(1)(A), and only with the express written consent given to the department by the adopted person or of a person for whom records are maintained as described in subdivision (c)(1)(A), twenty-one (21) years of age or older, or such person's legal representative; provided, that nothing herein shall be construed to prevent access to identifying information in the records of the adopted person as otherwise permitted or required pursuant to §§ 36-1-125 , 36-1-126 and 36-1-138 ; (C) If an adopted person or a person for whom records are maintained as described in subdivision (c)(1)(A) is deceased or is disabled as defined for purposes of appointment of a conservator under title 34, the lineal descendants of such person may petition the court pursuant to § 36-1-138(c)(7) , to be given access to the records of such person; (2) [Deleted by 2021 amendment.] (3) On July 1, 1996, the records access procedure established pursuant to subdivision (c)(1) and subsections (d)-(h) and other sections of this part shall become effective for access to records and contact by eligible persons under this part as set forth in subdivision (c)(1) and any other provisions of this part; (4) Effective January 1, 1996, the basis for judicially-ordered opening of all records pursuant to this part shall be the provisions set forth in § 36-1-138 and any other relevant provisions of this part.
(1) (A) All adoption records, sealed records, sealed adoption records, post-adoption records, or any other records or papers for a person relating to the adoption or attempted adoption of a person, which adoption was finalized by the completion of the adoption by the entry of an order of adoption or an order of dismissal of the adoption proceeding on or after March 16, 1951, or which records relate to an adoption or attempted adoption where the adoption petition was filed on or after March 16, 1951, or that was otherwise never completed, due to the abandonment, as determined by the department, on or after March 16, 1951, of any further necessary activity related to the completion of the adoption, and which records are in the office of the clerk of the adoption court, in the offices of the department of health, in the office of any child-placing agency, whether or not it is chartered or licensed, in the state, district, or county offices of the department of children's services, or in any other information source, shall be made available to the following eligible persons: (i) An adopted person or a person subject to subdivision (c)(1)(A) who is twenty-one (21) years of age or older on whom an adoption record, sealed record, sealed adoption record, post-adoption record, or other record or paper is maintained; (ii) The legal representative of a person described in subdivision (c)(1)(A)(i); (B) Information from any records of an adopted person, or any person otherwise subject to subdivision (c)(1)(A) for whom records are otherwise maintained, shall be released by the department or any other information source only to the parents, siblings, lineal descendants, or lineal ancestors, of the adopted person or of a person for whom records are maintained as described in subdivision (c)(1)(A), and only with the express written consent given to the department by the adopted person or of a person for whom records are maintained as described in subdivision (c)(1)(A), twenty-one (21) years of age or older, or such person's legal representative; provided, that nothing herein shall be construed to prevent access to identifying information in the records of the adopted person as otherwise permitted or required pursuant to §§ 36-1-125 , 36-1-126 and 36-1-138 ; (C) If an adopted person or a person for whom records are maintained as described in subdivision (c)(1)(A) is deceased or is disabled as defined for purposes of appointment of a conservator under title 34, the lineal descendants of such person may petition the court pursuant to § 36-1-138(c)(7) , to be given access to the records of such person;
(A) All adoption records, sealed records, sealed adoption records, post-adoption records, or any other records or papers for a person relating to the adoption or attempted adoption of a person, which adoption was finalized by the completion of the adoption by the entry of an order of adoption or an order of dismissal of the adoption proceeding on or after March 16, 1951, or which records relate to an adoption or attempted adoption where the adoption petition was filed on or after March 16, 1951, or that was otherwise never completed, due to the abandonment, as determined by the department, on or after March 16, 1951, of any further necessary activity related to the completion of the adoption, and which records are in the office of the clerk of the adoption court, in the offices of the department of health, in the office of any child-placing agency, whether or not it is chartered or licensed, in the state, district, or county offices of the department of children's services, or in any other information source, shall be made available to the following eligible persons: (i) An adopted person or a person subject to subdivision (c)(1)(A) who is twenty-one (21) years of age or older on whom an adoption record, sealed record, sealed adoption record, post-adoption record, or other record or paper is maintained; (ii) The legal representative of a person described in subdivision (c)(1)(A)(i);
(i) An adopted person or a person subject to subdivision (c)(1)(A) who is twenty-one (21) years of age or older on whom an adoption record, sealed record, sealed adoption record, post-adoption record, or other record or paper is maintained;
(ii) The legal representative of a person described in subdivision (c)(1)(A)(i);
(B) Information from any records of an adopted person, or any person otherwise subject to subdivision (c)(1)(A) for whom records are otherwise maintained, shall be released by the department or any other information source only to the parents, siblings, lineal descendants, or lineal ancestors, of the adopted person or of a person for whom records are maintained as described in subdivision (c)(1)(A), and only with the express written consent given to the department by the adopted person or of a person for whom records are maintained as described in subdivision (c)(1)(A), twenty-one (21) years of age or older, or such person's legal representative; provided, that nothing herein shall be construed to prevent access to identifying information in the records of the adopted person as otherwise permitted or required pursuant to §§ 36-1-125 , 36-1-126 and 36-1-138 ;
(C) If an adopted person or a person for whom records are maintained as described in subdivision (c)(1)(A) is deceased or is disabled as defined for purposes of appointment of a conservator under title 34, the lineal descendants of such person may petition the court pursuant to § 36-1-138(c)(7) , to be given access to the records of such person;
(2) [Deleted by 2021 amendment.]
(3) On July 1, 1996, the records access procedure established pursuant to subdivision (c)(1) and subsections (d)-(h) and other sections of this part shall become effective for access to records and contact by eligible persons under this part as set forth in subdivision (c)(1) and any other provisions of this part;
(4) Effective January 1, 1996, the basis for judicially-ordered opening of all records pursuant to this part shall be the provisions set forth in § 36-1-138 and any other relevant provisions of this part.
(d) [Deleted by 2021 amendment.]
(e) (1) Except in cases arising pursuant to subsection (b) or § 36-1-138 , no access to identifying information in any adoption record, sealed record, sealed adoption record, post-adoption record or adoption assistance record shall be granted: (A) To any parent, preadoptive guardian, sibling, lineal descendant or lineal ancestor of a person under twenty-one (21) years of age; or (B) At any time to any parent or preadoptive guardian, or to a sibling, lineal ancestor, or spouse or legal representative of the person whose rights were involuntarily terminated for cause in a termination of parental rights proceeding; or (C) To any persons whom the sealed record, sealed adoption record or the post adoption record indicates were guilty of a crime of violence or neglect involving the person who was placed for adoption or who was the subject of the termination of parental rights by court action or by surrender or parental consent. (2) Notwithstanding any other law to the contrary, no identifying information from the sealed records, sealed adoption records or post adoption records shall be released without the written consent of the biological parent if such records indicate that, with respect to the adopted person, the biological parent was the victim of rape or incest. If a biological parent for whom records contain such information is deceased or if a conservator of the person and property of such person has been appointed under title 34, the lineal descendants of such person may petition the court pursuant to the same procedures established pursuant to § 36-1-138(c)(7) to be given access to identifying information of the biological parent. (3) Notwithstanding § 36-1-149 or another law to the contrary, no identifying information from the sealed records, sealed adoption records, or post-adoption records may be released if the biological parent of the adopted person has executed a request for redaction of identifying information, and the adopted person was less than six (6) months old at the time the request was executed. Such request for redaction must be made on a form created by the department, and may only be rescinded by submission of a sworn, notarized statement requesting such rescission. The rescission is effective upon the department's acknowledgment of receipt of the rescission.
(1) Except in cases arising pursuant to subsection (b) or § 36-1-138 , no access to identifying information in any adoption record, sealed record, sealed adoption record, post-adoption record or adoption assistance record shall be granted: (A) To any parent, preadoptive guardian, sibling, lineal descendant or lineal ancestor of a person under twenty-one (21) years of age; or (B) At any time to any parent or preadoptive guardian, or to a sibling, lineal ancestor, or spouse or legal representative of the person whose rights were involuntarily terminated for cause in a termination of parental rights proceeding; or (C) To any persons whom the sealed record, sealed adoption record or the post adoption record indicates were guilty of a crime of violence or neglect involving the person who was placed for adoption or who was the subject of the termination of parental rights by court action or by surrender or parental consent.
(A) To any parent, preadoptive guardian, sibling, lineal descendant or lineal ancestor of a person under twenty-one (21) years of age; or
(B) At any time to any parent or preadoptive guardian, or to a sibling, lineal ancestor, or spouse or legal representative of the person whose rights were involuntarily terminated for cause in a termination of parental rights proceeding; or
(C) To any persons whom the sealed record, sealed adoption record or the post adoption record indicates were guilty of a crime of violence or neglect involving the person who was placed for adoption or who was the subject of the termination of parental rights by court action or by surrender or parental consent.
(2) Notwithstanding any other law to the contrary, no identifying information from the sealed records, sealed adoption records or post adoption records shall be released without the written consent of the biological parent if such records indicate that, with respect to the adopted person, the biological parent was the victim of rape or incest. If a biological parent for whom records contain such information is deceased or if a conservator of the person and property of such person has been appointed under title 34, the lineal descendants of such person may petition the court pursuant to the same procedures established pursuant to § 36-1-138(c)(7) to be given access to identifying information of the biological parent.
(3) Notwithstanding § 36-1-149 or another law to the contrary, no identifying information from the sealed records, sealed adoption records, or post-adoption records may be released if the biological parent of the adopted person has executed a request for redaction of identifying information, and the adopted person was less than six (6) months old at the time the request was executed. Such request for redaction must be made on a form created by the department, and may only be rescinded by submission of a sworn, notarized statement requesting such rescission. The rescission is effective upon the department's acknowledgment of receipt of the rescission.
(f) [Deleted by 2021 amendment.]
(g) (1) Access by any eligible person under any subsection of this section to any records held by the department, the court, the department of general services or health, or any licensed child-placing agency or licensed clinical social worker may only be had after verification of the identity of the requesting party and written authorization by the department is received by those information sources from the department. (2) If the department does not have a sealed record, sealed adoption record, or post-adoption record, and if the person seeking information concerning the history of an adopted person has a copy of the order of adoption from a Tennessee court, or in cases where the adoption was handled by any agency described in subdivision (a)(3), a copy of an order of adoption from any other court and/or any other proof of the person's care, supervision, or placement for adoption by any agency described in subdivision (a)(3), and any other proof of the adoption of the person in Tennessee, any of which, in the discretion of the department is satisfactory to prove that the person is an eligible person, the department may issue a statement to that person permitting that person to obtain access to any records held by any other information source.
(1) Access by any eligible person under any subsection of this section to any records held by the department, the court, the department of general services or health, or any licensed child-placing agency or licensed clinical social worker may only be had after verification of the identity of the requesting party and written authorization by the department is received by those information sources from the department.
(2) If the department does not have a sealed record, sealed adoption record, or post-adoption record, and if the person seeking information concerning the history of an adopted person has a copy of the order of adoption from a Tennessee court, or in cases where the adoption was handled by any agency described in subdivision (a)(3), a copy of an order of adoption from any other court and/or any other proof of the person's care, supervision, or placement for adoption by any agency described in subdivision (a)(3), and any other proof of the adoption of the person in Tennessee, any of which, in the discretion of the department is satisfactory to prove that the person is an eligible person, the department may issue a statement to that person permitting that person to obtain access to any records held by any other information source.
(h) (1) A request for access to an adoption record, sealed adoption record, sealed record, or a post-adoption record, pursuant to this section, shall be made in writing to the department. (2) The writing shall include the following information: (A) The name, date of birth, address, and telephone number of the person requesting the access; (B) Information, including legal documents or affidavits, if available, that establish the person's legal relationship to any person under this section or that otherwise establishes the person's right to request access; (C) Any other information that the department requires to establish the person's identity, to locate records involving the requesting parties or the persons with whom contact may be sought, and to establish the person's right to request access; and (D) Identification of any person or persons or class of persons, if any, with whom the requesting party seeks contact; provided, that this provision shall not apply to persons seeking information pursuant to subsection (b). (3) If the information in the written request does not establish the person's right to have access to the records, the department will search the sealed adoption and post-adoption records, including those of other alleged siblings, if available, for information that may establish the person's right to have such access.
(1) A request for access to an adoption record, sealed adoption record, sealed record, or a post-adoption record, pursuant to this section, shall be made in writing to the department.
(2) The writing shall include the following information: (A) The name, date of birth, address, and telephone number of the person requesting the access; (B) Information, including legal documents or affidavits, if available, that establish the person's legal relationship to any person under this section or that otherwise establishes the person's right to request access; (C) Any other information that the department requires to establish the person's identity, to locate records involving the requesting parties or the persons with whom contact may be sought, and to establish the person's right to request access; and (D) Identification of any person or persons or class of persons, if any, with whom the requesting party seeks contact; provided, that this provision shall not apply to persons seeking information pursuant to subsection (b).
(A) The name, date of birth, address, and telephone number of the person requesting the access;
(B) Information, including legal documents or affidavits, if available, that establish the person's legal relationship to any person under this section or that otherwise establishes the person's right to request access;
(C) Any other information that the department requires to establish the person's identity, to locate records involving the requesting parties or the persons with whom contact may be sought, and to establish the person's right to request access; and
(D) Identification of any person or persons or class of persons, if any, with whom the requesting party seeks contact; provided, that this provision shall not apply to persons seeking information pursuant to subsection (b).
(3) If the information in the written request does not establish the person's right to have access to the records, the department will search the sealed adoption and post-adoption records, including those of other alleged siblings, if available, for information that may establish the person's right to have such access.
Amended by 2023 Tenn. Acts, ch. 187, s 9, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 101, Secs.s 12, s 13, s 14, s 15, s 16 eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 101, s 11, eff. 7/1/2022.
Acts 1995, ch. 532, § 1; 1996, ch. 1054, §§ 80-83, 86, 129; 1996, ch. 1068, § 2; 1996, ch. 1079, § 69.
Tenn. Code Ann. § 36-5-902 — TN Code / Title 36 / Chapter 5 / Section 36-5-902
Full faith and credit to liens of other state child support agencies
Status: in_force

(a) Full faith and credit shall be accorded to liens arising in any other state or territory for cases of child or spousal support enforced by the Title IV-D child support enforcement agency of the other state or territory as a result of the circumstances of § 36-5-901(a) for all overdue support, as defined in the other state or territory, when that other state or territory agency or other entity complies with the procedural rules relative to the recording, filing or serving of liens that arise within this state. (b) The department of human services may enforce the liens arising pursuant to this section by any means available for enforcement of its liens. Acts 1997, ch. 551, § 12.
(a) Full faith and credit shall be accorded to liens arising in any other state or territory for cases of child or spousal support enforced by the Title IV-D child support enforcement agency of the other state or territory as a result of the circumstances of § 36-5-901(a) for all overdue support, as defined in the other state or territory, when that other state or territory agency or other entity complies with the procedural rules relative to the recording, filing or serving of liens that arise within this state.
(b) The department of human services may enforce the liens arising pursuant to this section by any means available for enforcement of its liens.
Acts 1997, ch. 551, § 12.
Tenn. Code Ann. § 36-6-606 — TN Code / Title 36 / Chapter 6 / Section 36-6-606
Contents of petition
Status: in_force

(a) A petition under this part must be verified and include a copy of any existing child-custody determination, if available. The petition must specify the risk factors for abduction, including the relevant factors described in § 36-6-607 . (b) Subject to § 36-6-224(e) , if reasonably ascertainable, the petition must contain: (1) The name, date of birth, and gender of the child; (2) The customary address and current physical location of the child; (3) The identity, customary address, and current physical location of the respondent; (4) A statement of whether a prior action to prevent abduction or domestic violence has been filed by a party or other individual or entity having custody of the child, and the date, location, and disposition of the action; (5) A statement of whether a party to the proceeding has been arrested for a crime related to domestic violence, stalking, or child abuse or neglect, and the date, location, and disposition of the case; and (6) Any other information required to be submitted to the court for a child-custody determination under § 36-6-224 . Acts 2010, ch. 832, § 1.
(a) A petition under this part must be verified and include a copy of any existing child-custody determination, if available. The petition must specify the risk factors for abduction, including the relevant factors described in § 36-6-607 .
(b) Subject to § 36-6-224(e) , if reasonably ascertainable, the petition must contain: (1) The name, date of birth, and gender of the child; (2) The customary address and current physical location of the child; (3) The identity, customary address, and current physical location of the respondent; (4) A statement of whether a prior action to prevent abduction or domestic violence has been filed by a party or other individual or entity having custody of the child, and the date, location, and disposition of the action; (5) A statement of whether a party to the proceeding has been arrested for a crime related to domestic violence, stalking, or child abuse or neglect, and the date, location, and disposition of the case; and (6) Any other information required to be submitted to the court for a child-custody determination under § 36-6-224 .
(1) The name, date of birth, and gender of the child;
(2) The customary address and current physical location of the child;
(3) The identity, customary address, and current physical location of the respondent;
(4) A statement of whether a prior action to prevent abduction or domestic violence has been filed by a party or other individual or entity having custody of the child, and the date, location, and disposition of the action;
(5) A statement of whether a party to the proceeding has been arrested for a crime related to domestic violence, stalking, or child abuse or neglect, and the date, location, and disposition of the case; and
(6) Any other information required to be submitted to the court for a child-custody determination under § 36-6-224 .
Acts 2010, ch. 832, § 1.
Tenn. Code Ann. § 36-5-113 — TN Code / Title 36 / Chapter 5 / Section 36-5-113
Plans for payment of child support - Work requirements
Status: in_force

(a) (1) In any case in which a child is receiving assistance under a state program funded under Title IV-A of the Social Security Act ( 42 U.S.C. § 601 et seq.), including, but not limited to, temporary assistance as provided under title 71, and the payment of support for such child is overdue, then the department of human services may issue an administrative order to direct an individual who owes overdue support to such a child to pay the overdue support in accordance with a plan for payment of all overdue support. (2) The plan shall require the obligor to pay the overdue amount in full, or by monthly installments that are calculated to reduce the overdue amount by a reasonable payment over a reasonable period of time. The order may be enforced by either the court with jurisdiction of the support order or by the department pursuant to § 36-5-811 or § 36-5-812 , or by any other remedies available for the collection or enforcement of current support. (b) The department may also order the individual who is not incapacitated and who is subject to a plan requiring payment of the overdue support for a child receiving assistance under a state program funded under Title IV-A of the Social Security Act, including, but not limited to, temporary assistance as provided under title 71, to engage in work activities as required under § 71-3-104 . (c) A copy of the order issued pursuant to this section shall be filed with the court. (d) An order issued by the department pursuant to this part may be appealed as provided in part 10 of this chapter. (e) For purposes of this section, "overdue" support is defined as any occasion on which the full amount of support ordered for or on behalf of a minor child, or for a spouse or former spouse of the obligor with whom the child is living to the extent the spousal support would be included for the purposes of 42 U.S.C. § 654(4) , is not paid by the due date for arrears as defined in § 36-5-101(f)(1) , unless an income assignment is in effect and the payer of income is paying pursuant to § 36-5-501(g) . Acts 1997 , ch. 551, § 48; 1998, ch. 1098, § 17.
(a) (1) In any case in which a child is receiving assistance under a state program funded under Title IV-A of the Social Security Act ( 42 U.S.C. § 601 et seq.), including, but not limited to, temporary assistance as provided under title 71, and the payment of support for such child is overdue, then the department of human services may issue an administrative order to direct an individual who owes overdue support to such a child to pay the overdue support in accordance with a plan for payment of all overdue support. (2) The plan shall require the obligor to pay the overdue amount in full, or by monthly installments that are calculated to reduce the overdue amount by a reasonable payment over a reasonable period of time. The order may be enforced by either the court with jurisdiction of the support order or by the department pursuant to § 36-5-811 or § 36-5-812 , or by any other remedies available for the collection or enforcement of current support.
(1) In any case in which a child is receiving assistance under a state program funded under Title IV-A of the Social Security Act ( 42 U.S.C. § 601 et seq.), including, but not limited to, temporary assistance as provided under title 71, and the payment of support for such child is overdue, then the department of human services may issue an administrative order to direct an individual who owes overdue support to such a child to pay the overdue support in accordance with a plan for payment of all overdue support.
(2) The plan shall require the obligor to pay the overdue amount in full, or by monthly installments that are calculated to reduce the overdue amount by a reasonable payment over a reasonable period of time. The order may be enforced by either the court with jurisdiction of the support order or by the department pursuant to § 36-5-811 or § 36-5-812 , or by any other remedies available for the collection or enforcement of current support.
(b) The department may also order the individual who is not incapacitated and who is subject to a plan requiring payment of the overdue support for a child receiving assistance under a state program funded under Title IV-A of the Social Security Act, including, but not limited to, temporary assistance as provided under title 71, to engage in work activities as required under § 71-3-104 .
(c) A copy of the order issued pursuant to this section shall be filed with the court.
(d) An order issued by the department pursuant to this part may be appealed as provided in part 10 of this chapter.
(e) For purposes of this section, "overdue" support is defined as any occasion on which the full amount of support ordered for or on behalf of a minor child, or for a spouse or former spouse of the obligor with whom the child is living to the extent the spousal support would be included for the purposes of 42 U.S.C. § 654(4) , is not paid by the due date for arrears as defined in § 36-5-101(f)(1) , unless an income assignment is in effect and the payer of income is paying pursuant to § 36-5-501(g) .
Acts 1997 , ch. 551, § 48; 1998, ch. 1098, § 17.
Tenn. Code Ann. § 36-3-504 — TN Code / Title 36 / Chapter 3 / Section 36-3-504
Disabilities of coverture removed from married women - Statute of limitations
Status: in_force

(a) Married women are fully emancipated from all disability on account of coverture, and the common law as to the disability of married women and its effects on the rights of property of the wife, is totally abrogated, except as set out in § 36-3-505 , and marriage shall not impose any disability or incapacity on a woman as to the ownership, acquisition or disposition of property of any sort, or as to the wife's capacity to make contracts and to do all acts in reference to property that the wife could lawfully do, if the wife were not married, but every woman now married, or hereafter to be married, shall have the same capacity to acquire, hold, manage, control, use, enjoy and dispose of, all property, real and personal, in possession, and to make any contract in reference to it, and to bind herself personally, and to sue and be sued with all the rights and incidents thereof, as if the wife were not married. (b) All of the statutes of limitation that apply in favor of or against a feme sole, and the feme sole's property, shall apply and operate in favor of or against married women and their property. Acts 1913, ch. 26, § 1; 1919, ch. 126, §§ 1, 3; Shan. Supp., §§ 4249a4, 4249a41/2, 4249a6; mod. Code 1932, §§ 8460, 8462; T.C.A. (orig. ed.), §§ 36-601, 36-603.
(a) Married women are fully emancipated from all disability on account of coverture, and the common law as to the disability of married women and its effects on the rights of property of the wife, is totally abrogated, except as set out in § 36-3-505 , and marriage shall not impose any disability or incapacity on a woman as to the ownership, acquisition or disposition of property of any sort, or as to the wife's capacity to make contracts and to do all acts in reference to property that the wife could lawfully do, if the wife were not married, but every woman now married, or hereafter to be married, shall have the same capacity to acquire, hold, manage, control, use, enjoy and dispose of, all property, real and personal, in possession, and to make any contract in reference to it, and to bind herself personally, and to sue and be sued with all the rights and incidents thereof, as if the wife were not married.
(b) All of the statutes of limitation that apply in favor of or against a feme sole, and the feme sole's property, shall apply and operate in favor of or against married women and their property.
Acts 1913, ch. 26, § 1; 1919, ch. 126, §§ 1, 3; Shan. Supp., §§ 4249a4, 4249a41/2, 4249a6; mod. Code 1932, §§ 8460, 8462; T.C.A. (orig. ed.), §§ 36-601, 36-603.
Tenn. Code Ann. § 36-1-205 — TN Code / Title 36 / Chapter 1 / Section 36-1-205
Violations - Penalties
Status: in_force

Whoever knowingly obtains, or attempts to obtain, or aids, or abets any person to obtain, by means of a willfully false statement or representation or by impersonation, or other fraudulent device, any assistance on behalf of a child or other person pursuant to the Interstate Compact on Adoption Assistance and Medical Assistance to which such child or other person is not entitled or assistance greater than such child or other person is entitled, commits a Class E felony. Acts 1985, ch. 35, § 5; 1989, ch. 591, § 32.
Whoever knowingly obtains, or attempts to obtain, or aids, or abets any person to obtain, by means of a willfully false statement or representation or by impersonation, or other fraudulent device, any assistance on behalf of a child or other person pursuant to the Interstate Compact on Adoption Assistance and Medical Assistance to which such child or other person is not entitled or assistance greater than such child or other person is entitled, commits a Class E felony.
Acts 1985, ch. 35, § 5; 1989, ch. 591, § 32.
Tenn. Code Ann. § 36-6-510 — TN Code / Title 36 / Chapter 6 / Section 36-6-510
Filing of motions
Status: in_force

Nothing in this part prohibits a custodial or noncustodial parent from filing a motion with the court to modify an order of visitation or a custody order. Acts 2000, ch. 971, § 11.
Nothing in this part prohibits a custodial or noncustodial parent from filing a motion with the court to modify an order of visitation or a custody order.
Acts 2000, ch. 971, § 11.
Tenn. Code Ann. § 36-3-104 — TN Code / Title 36 / Chapter 3 / Section 36-3-104
Conditions precedent to issuance of license
Status: in_force

(a) A county clerk or deputy clerk shall not issue a marriage license until the applicants make an application in writing, stating the names, ages, current addresses, and social security numbers of both of the proposed contracting parties. An applicant under eighteen (18) years of age must also include the name and current address of the parents, guardian, or next of kin of the applicant. The application must be sworn to by both applicants. Should either individual be incarcerated, the inmate must not be made to appear but shall submit a notarized statement containing the inmate's name, age, current address, and social security number. If an applicant has a disability that prevents the applicant from appearing, the applicant may submit a notarized statement containing the applicant's name, age, current address, and social security number. (b) (1) If an applicant is a member of the armed forces of the United States stationed in another country in support of combat or another military operation, the applicant shall submit: (A) A notarized statement containing the applicant's name, age, address in the United States, if applicable, and the names and addresses of the applicant's parents, guardian, or next of kin; (B) A certified copy of the applicant's deployment orders; and (C) An affidavit from the battalion, ship, or squadron commander, as applicable, notarized by the judge advocate stating that the applicant is deployed. (2) A person submitting a statement under subdivision (b)(1) who intends to appear for the marriage ceremony via video conferencing pursuant to § 36-3-302(b) must indicate such intention in the statement. Amended by 2024 Tenn. Acts, ch. 608,s 1, eff. 3/27/2024. Amended by 2019 Tenn. Acts, ch. 93, s 3, eff. 7/1/2019. Amended by 2017 Tenn. Acts, ch. 397, s 1, eff. 5/18/2017. Acts 1937, ch. 81, § 2; C. Supp. 1950, § 8414.2; modified; Acts 1959, ch. 124, § 1; 1965, ch. 59, §§ 1, 2; 1971, ch. 60, §§ 1, 2; 1976, ch. 755, § 1; T.C.A. (orig. ed.), § 36-406; Acts 1993, ch. 418, § 2; 1994, ch. 639, § 1; 1995, ch. 241, §§ 1, 2; 1997 , ch. 551, § 30.
(a) A county clerk or deputy clerk shall not issue a marriage license until the applicants make an application in writing, stating the names, ages, current addresses, and social security numbers of both of the proposed contracting parties. An applicant under eighteen (18) years of age must also include the name and current address of the parents, guardian, or next of kin of the applicant. The application must be sworn to by both applicants. Should either individual be incarcerated, the inmate must not be made to appear but shall submit a notarized statement containing the inmate's name, age, current address, and social security number. If an applicant has a disability that prevents the applicant from appearing, the applicant may submit a notarized statement containing the applicant's name, age, current address, and social security number.
(b) (1) If an applicant is a member of the armed forces of the United States stationed in another country in support of combat or another military operation, the applicant shall submit: (A) A notarized statement containing the applicant's name, age, address in the United States, if applicable, and the names and addresses of the applicant's parents, guardian, or next of kin; (B) A certified copy of the applicant's deployment orders; and (C) An affidavit from the battalion, ship, or squadron commander, as applicable, notarized by the judge advocate stating that the applicant is deployed. (2) A person submitting a statement under subdivision (b)(1) who intends to appear for the marriage ceremony via video conferencing pursuant to § 36-3-302(b) must indicate such intention in the statement.
(1) If an applicant is a member of the armed forces of the United States stationed in another country in support of combat or another military operation, the applicant shall submit: (A) A notarized statement containing the applicant's name, age, address in the United States, if applicable, and the names and addresses of the applicant's parents, guardian, or next of kin; (B) A certified copy of the applicant's deployment orders; and (C) An affidavit from the battalion, ship, or squadron commander, as applicable, notarized by the judge advocate stating that the applicant is deployed.
(A) A notarized statement containing the applicant's name, age, address in the United States, if applicable, and the names and addresses of the applicant's parents, guardian, or next of kin;
(B) A certified copy of the applicant's deployment orders; and
(C) An affidavit from the battalion, ship, or squadron commander, as applicable, notarized by the judge advocate stating that the applicant is deployed.
(2) A person submitting a statement under subdivision (b)(1) who intends to appear for the marriage ceremony via video conferencing pursuant to § 36-3-302(b) must indicate such intention in the statement.
Amended by 2024 Tenn. Acts, ch. 608,s 1, eff. 3/27/2024.
Amended by 2019 Tenn. Acts, ch. 93, s 3, eff. 7/1/2019.
Amended by 2017 Tenn. Acts, ch. 397, s 1, eff. 5/18/2017.
Acts 1937, ch. 81, § 2; C. Supp. 1950, § 8414.2; modified; Acts 1959, ch. 124, § 1; 1965, ch. 59, §§ 1, 2; 1971, ch. 60, §§ 1, 2; 1976, ch. 755, § 1; T.C.A. (orig. ed.), § 36-406; Acts 1993, ch. 418, § 2; 1994, ch. 639, § 1; 1995, ch. 241, §§ 1, 2; 1997 , ch. 551, § 30.
Tenn. Code Ann. § 36-5-2104 — TN Code / Title 36 / Chapter 5 / Section 36-5-2104
Application of parts 21-27 of this chapter to resident of foreign country and foreign support proceeding
Status: in_force

(a) A tribunal of this state shall apply parts 21-26 of this chapter and, as applicable, part 27 of this chapter, to a support proceeding involving: (1) A foreign support order; (2) A foreign tribunal; or (3) An obligee, obligor, or child residing in a foreign country. (b) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of parts 21-26 of this chapter. (c) Part 27 of this chapter applies only to a support proceeding under the Convention. In such a proceeding, if a provision of part 27 of this chapter is inconsistent with parts 21-26 of this chapter, then part 27 of this chapter controls. Acts 2010 , ch. 901, § 1.
(a) A tribunal of this state shall apply parts 21-26 of this chapter and, as applicable, part 27 of this chapter, to a support proceeding involving: (1) A foreign support order; (2) A foreign tribunal; or (3) An obligee, obligor, or child residing in a foreign country.
(1) A foreign support order;
(2) A foreign tribunal; or
(3) An obligee, obligor, or child residing in a foreign country.
(b) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of parts 21-26 of this chapter.
(c) Part 27 of this chapter applies only to a support proceeding under the Convention. In such a proceeding, if a provision of part 27 of this chapter is inconsistent with parts 21-26 of this chapter, then part 27 of this chapter controls.
Acts 2010 , ch. 901, § 1.
Tenn. Code Ann. § 36-3-604 — TN Code / Title 36 / Chapter 3 / Section 36-3-604
Forms
Status: in_force

(a) (1) The office of the clerk of court shall provide forms that may be necessary to seek a protection order under this part. These forms shall be limited to use in causes filed under this part and they shall be made available to all who request assistance in filing a petition. The clerk may obtain the most current forms by printing them from the website of the administrative office of the courts. (2) The petitioner is not limited to the use of these forms and may present to the court any legally sufficient petition in whatever form. The office of the clerk shall also assist a person who is not represented by counsel by filling in the name of the court on the petition, by indicating where the petitioner's name shall be filled in, by reading through the petition form with the petitioner, and by rendering any other assistance that is necessary for the filing of the petition. All such petitions that are filed pro se shall be liberally construed procedurally in favor of the petitioner. (b) The administrative office of the courts, in consultation with the domestic violence coordinating council, shall develop a petition for orders of protection form, an amended order of protection form, an ex parte order of protection form and other forms that are found to be necessary and advisable. These forms shall be revised as the laws relative to orders of protection and ex parte orders of protection are amended by the general assembly. To the extent possible, the forms shall be uniform with those promulgated by surrounding states so that Tennessee forms may be afforded full faith and credit. (c) The administrative office of the courts shall revise the petition for an order of protection form to fully advise the respondent of this part in language substantially similar to the following: (1) If the order of protection is granted in a manner that fully complies with 18 U.S.C. § 922(g)(8) , the respondent is required to terminate physical possession by any lawful means, such as transferring possession to a third party who is not prohibited from possessing firearms, of all firearms that the respondent possesses within forty-eight (48) hours of the granting of the order; (2) It is a criminal offense for a person subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8) , to possess a firearm while that order is in effect; and (3) The issuance of an order of protection may terminate or, at least, suspend the individual's right to purchase or possess a firearm. (d) These forms shall be used exclusively in all courts exercising jurisdiction over orders of protection. Acts 1979, ch. 350, § 4; 1982, ch. 935, § 1; T.C.A., § 36-1204; Acts 1987, ch. 270, §§ 2-5; 1995, ch. 410, § 2; 1995, ch. 456, § 6; 1996, ch. 684, § 5; 1997, ch. 211, § 3; 1998, ch. 715, § 1; 1999, ch. 344, § 3; 2000, ch. 638, § 2; 2001, ch. 319, § 1; 2009, ch. 455, § 1; 2010, ch. 959, § 2.
(a) (1) The office of the clerk of court shall provide forms that may be necessary to seek a protection order under this part. These forms shall be limited to use in causes filed under this part and they shall be made available to all who request assistance in filing a petition. The clerk may obtain the most current forms by printing them from the website of the administrative office of the courts. (2) The petitioner is not limited to the use of these forms and may present to the court any legally sufficient petition in whatever form. The office of the clerk shall also assist a person who is not represented by counsel by filling in the name of the court on the petition, by indicating where the petitioner's name shall be filled in, by reading through the petition form with the petitioner, and by rendering any other assistance that is necessary for the filing of the petition. All such petitions that are filed pro se shall be liberally construed procedurally in favor of the petitioner.
(1) The office of the clerk of court shall provide forms that may be necessary to seek a protection order under this part. These forms shall be limited to use in causes filed under this part and they shall be made available to all who request assistance in filing a petition. The clerk may obtain the most current forms by printing them from the website of the administrative office of the courts.
(2) The petitioner is not limited to the use of these forms and may present to the court any legally sufficient petition in whatever form. The office of the clerk shall also assist a person who is not represented by counsel by filling in the name of the court on the petition, by indicating where the petitioner's name shall be filled in, by reading through the petition form with the petitioner, and by rendering any other assistance that is necessary for the filing of the petition. All such petitions that are filed pro se shall be liberally construed procedurally in favor of the petitioner.
(b) The administrative office of the courts, in consultation with the domestic violence coordinating council, shall develop a petition for orders of protection form, an amended order of protection form, an ex parte order of protection form and other forms that are found to be necessary and advisable. These forms shall be revised as the laws relative to orders of protection and ex parte orders of protection are amended by the general assembly. To the extent possible, the forms shall be uniform with those promulgated by surrounding states so that Tennessee forms may be afforded full faith and credit.
(c) The administrative office of the courts shall revise the petition for an order of protection form to fully advise the respondent of this part in language substantially similar to the following: (1) If the order of protection is granted in a manner that fully complies with 18 U.S.C. § 922(g)(8) , the respondent is required to terminate physical possession by any lawful means, such as transferring possession to a third party who is not prohibited from possessing firearms, of all firearms that the respondent possesses within forty-eight (48) hours of the granting of the order; (2) It is a criminal offense for a person subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8) , to possess a firearm while that order is in effect; and (3) The issuance of an order of protection may terminate or, at least, suspend the individual's right to purchase or possess a firearm.
(1) If the order of protection is granted in a manner that fully complies with 18 U.S.C. § 922(g)(8) , the respondent is required to terminate physical possession by any lawful means, such as transferring possession to a third party who is not prohibited from possessing firearms, of all firearms that the respondent possesses within forty-eight (48) hours of the granting of the order;
(2) It is a criminal offense for a person subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8) , to possess a firearm while that order is in effect; and
(3) The issuance of an order of protection may terminate or, at least, suspend the individual's right to purchase or possess a firearm.
(d) These forms shall be used exclusively in all courts exercising jurisdiction over orders of protection.
Acts 1979, ch. 350, § 4; 1982, ch. 935, § 1; T.C.A., § 36-1204; Acts 1987, ch. 270, §§ 2-5; 1995, ch. 410, § 2; 1995, ch. 456, § 6; 1996, ch. 684, § 5; 1997, ch. 211, § 3; 1998, ch. 715, § 1; 1999, ch. 344, § 3; 2000, ch. 638, § 2; 2001, ch. 319, § 1; 2009, ch. 455, § 1; 2010, ch. 959, § 2.
Tenn. Code Ann. § 36-1-143 — TN Code / Title 36 / Chapter 1 / Section 36-1-143
Post-adoption services to support permanency in adoption
Status: in_force

(a) The department shall provide post-adoption services in order to reduce the risk of adoption dissolution and to support the goal of permanency in adoption. (b) The department shall provide the following post-adoption services either directly or through purchase of service providers: (1) Crisis intervention, including the provision of immediate assessment and time limited treatment in volatile situations and connecting families to long-term adoption sensitive treatment providers; (2) Family and individual counseling, including the provision of mental health counseling to families and children to address issues challenging family communication, integration and other issues that may be threatening the family unit; (3) Support groups for parents and children, including educational and recreational group experiences that bring families and children together who share the experience of the adoption process and are family strength focused; (4) Advocacy, including information and referral services to assist families in navigating and accessing services through the community, educational, mental health and medical provider systems; (5) Respite, including services that provide temporary, nonthreatening relief to families and children undergoing challenging circumstances and those in crisis; (6) Case management services to stabilize volatile family situations, to develop short-term intervention plans and to connect the family with ongoing services and support systems; and (7) Networking of families and community providers, including the provision of educational experiences that build a more adoption sensitive provider community to be aware of and responsive to families created through adoption. (c) Post-adoption services are available to: (1) Families who have adopted children for whom the department had legal responsibility immediately preceding the adoption; and (2) Biological families of children adopted through the department. (d) Nothing in this section shall be construed to prevent access to records of the adopted person as otherwise permitted or required by this part. (e) It is the legislative intent that this section shall be carried out subject to the availability of funds with which to do so and that this section shall not be implemented beyond budgetary limitations. Acts 2009, ch. 521, § 1.
(a) The department shall provide post-adoption services in order to reduce the risk of adoption dissolution and to support the goal of permanency in adoption.
(b) The department shall provide the following post-adoption services either directly or through purchase of service providers: (1) Crisis intervention, including the provision of immediate assessment and time limited treatment in volatile situations and connecting families to long-term adoption sensitive treatment providers; (2) Family and individual counseling, including the provision of mental health counseling to families and children to address issues challenging family communication, integration and other issues that may be threatening the family unit; (3) Support groups for parents and children, including educational and recreational group experiences that bring families and children together who share the experience of the adoption process and are family strength focused; (4) Advocacy, including information and referral services to assist families in navigating and accessing services through the community, educational, mental health and medical provider systems; (5) Respite, including services that provide temporary, nonthreatening relief to families and children undergoing challenging circumstances and those in crisis; (6) Case management services to stabilize volatile family situations, to develop short-term intervention plans and to connect the family with ongoing services and support systems; and (7) Networking of families and community providers, including the provision of educational experiences that build a more adoption sensitive provider community to be aware of and responsive to families created through adoption.
(1) Crisis intervention, including the provision of immediate assessment and time limited treatment in volatile situations and connecting families to long-term adoption sensitive treatment providers;
(2) Family and individual counseling, including the provision of mental health counseling to families and children to address issues challenging family communication, integration and other issues that may be threatening the family unit;
(3) Support groups for parents and children, including educational and recreational group experiences that bring families and children together who share the experience of the adoption process and are family strength focused;
(4) Advocacy, including information and referral services to assist families in navigating and accessing services through the community, educational, mental health and medical provider systems;
(5) Respite, including services that provide temporary, nonthreatening relief to families and children undergoing challenging circumstances and those in crisis;
(6) Case management services to stabilize volatile family situations, to develop short-term intervention plans and to connect the family with ongoing services and support systems; and
(7) Networking of families and community providers, including the provision of educational experiences that build a more adoption sensitive provider community to be aware of and responsive to families created through adoption.
(c) Post-adoption services are available to: (1) Families who have adopted children for whom the department had legal responsibility immediately preceding the adoption; and (2) Biological families of children adopted through the department.
(1) Families who have adopted children for whom the department had legal responsibility immediately preceding the adoption; and
(2) Biological families of children adopted through the department.
(d) Nothing in this section shall be construed to prevent access to records of the adopted person as otherwise permitted or required by this part.
(e) It is the legislative intent that this section shall be carried out subject to the availability of funds with which to do so and that this section shall not be implemented beyond budgetary limitations.
Acts 2009, ch. 521, § 1.
Tenn. Code Ann. § 36-6-511 — TN Code / Title 36 / Chapter 6 / Section 36-6-511
Qualifications for licensure or registration - Eligibility
Status: in_force

(a) In addition to other qualifications for licensure or registration and conditions for continuing eligibility to hold a license as prescribed by law, rule or regulation issued under titles 43, 44, 45, 56, 62, 63, 68, 70 or 71, for an individual to engage in a profession, trade, occupation, business, or industry, or to hunt or fish, applicants for licensure, certification or registration, and licensees renewing their licenses, and existing licensees, must not then be subject to a certification that the licensee is not in compliance with an order of visitation. (b) The supreme court is encouraged to establish guidelines to suspend the license of an attorney who fails to comply with an order of visitation. Acts 2000, ch. 971, § 12.
(a) In addition to other qualifications for licensure or registration and conditions for continuing eligibility to hold a license as prescribed by law, rule or regulation issued under titles 43, 44, 45, 56, 62, 63, 68, 70 or 71, for an individual to engage in a profession, trade, occupation, business, or industry, or to hunt or fish, applicants for licensure, certification or registration, and licensees renewing their licenses, and existing licensees, must not then be subject to a certification that the licensee is not in compliance with an order of visitation.
(b) The supreme court is encouraged to establish guidelines to suspend the license of an attorney who fails to comply with an order of visitation.
Acts 2000, ch. 971, § 12.
Tenn. Code Ann. § 36-6-106 — TN Code / Title 36 / Chapter 6 / Section 36-6-106
Child custody
Status: in_force

(a) In a suit for annulment, divorce, separate maintenance, or in any other proceeding requiring the court to make a custody determination regarding a minor child, the determination shall be made on the basis of the best interest of the child. In taking into account the child's best interest, the court shall order a custody arrangement that permits both parents to enjoy the maximum participation possible in the life of the child consistent with the factors set out in this subsection (a), the location of the residences of the parents, the child's need for stability and all other relevant factors. The court shall consider all relevant factors, including the following, where applicable: (1) The strength, nature, and stability of the child's relationship with each parent, including whether one (1) parent has performed the majority of parenting responsibilities relating to the daily needs of the child; (2) Each parent's or caregiver's past and potential for future performance of parenting responsibilities, including the willingness and ability of each of the parents and caregivers to facilitate and encourage a close and continuing parent-child relationship between the child and both of the child's parents, consistent with the best interest of the child. In determining the willingness of each of the parents and caregivers to facilitate and encourage a close and continuing parent-child relationship between the child and both of the child's parents, the court shall consider the likelihood of each parent and caregiver to honor and facilitate court ordered parenting arrangements and rights, and the court shall further consider any history of either parent or any caregiver denying parenting time to either parent in violation of a court order; (3) Refusal to attend a court ordered parent education seminar may be considered by the court as a lack of good faith effort in these proceedings; (4) The disposition of each parent to provide the child with food, clothing, medical care, education and other necessary care; (5) The degree to which a parent has been the primary caregiver, defined as the parent who has taken the greater responsibility for performing parental responsibilities; (6) The love, affection, and emotional ties existing between each parent and the child; (7) The emotional needs and developmental level of the child; (8) The moral, physical, mental and emotional fitness of each parent as it relates to their ability to parent the child. The court may order an examination of a party under Rule 35 of the Tennessee Rules of Civil Procedure and, if necessary for the conduct of the proceedings, order the disclosure of confidential mental health information of a party under § 33-3-105(3) . The court order required by § 33-3-105(3) must contain a qualified protective order that limits the dissemination of confidential protected mental health information to the purpose of the litigation pending before the court and provides for the return or destruction of the confidential protected mental health information at the conclusion of the proceedings; (9) The child's interaction and interrelationships with siblings, other relatives and step-relatives, and mentors, as well as the child's involvement with the child's physical surroundings, school, or other significant activities; (10) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment; (11) Evidence of physical or emotional abuse to the child, to the other parent, or to any other person, including the child's siblings. The court may, where appropriate, refer any issues of abuse to juvenile court for further proceedings; (12) The character and behavior of any other person who resides in or frequents the home of a parent and such person's interactions with the child; (13) The reasonable preference of the child if twelve (12) years of age or older. The court may hear the preference of a younger child upon request. The preference of older children should normally be given greater weight than those of younger children; (14) Each parent's employment schedule, and the court may make accommodations consistent with those schedules; (15) Any other factors deemed relevant by the court; and (16) Whether a parent has failed to pay court-ordered child support for a period of three (3) years or more. (b) Notwithstanding any law to the contrary, the court has jurisdiction to make an initial custody determination regarding a minor child or may modify a prior order of child custody upon finding that the custodial parent has been convicted of or found civilly liable for the intentional and wrongful death of the child's other parent or legal guardian. (c) As used in this section, "caregiver" has the meaning ascribed to that term in § 37-5-501 . (d) Nothing in subsections (a) and (c) shall be construed to affect or diminish the constitutional rights of parents that may arise during and are inherent in custody proceedings. (e) The disability of a parent alone shall not be considered for or against awarding custody to such a party unless the disability impacts the parent's ability to meet the needs of the child. (f) If the petitioner knows whether a child has ever been adjudicated by a court as a dependent and neglected or abused child or whether any party to the action has ever been adjudicated by a court as the perpetrator of dependency and neglect or abuse of a minor child, any petition regarding child custody shall include an affirmative statement setting out all applicable adjudications. If an adjudication has occurred as a result of a child protective services investigation, the court may order the department of children's services to disclose information regarding the investigation to protect the child from abuse or neglect consistent with § 37-1-612(h) . The court shall consider any such information as a factor in determining the child's best interest. (g) As required by § 36-6-404(b) , only if the limitations of § 36-6-406 are not dispositive of the child's residential schedule, then the court shall consider the factors found in subdivisions (a)(1)-(15). Amended by 2024 Tenn. Acts, ch. 799,s 2, eff. 4/23/2024. Amended by 2024 Tenn. Acts, ch. 799,s 1, eff. 4/23/2024. Amended by 2022 Tenn. Acts, ch. 671, s 1, eff. 3/18/2022. Amended by 2021 Tenn. Acts, ch. 235, s 1, eff. 7/1/2021. Amended by 2016 Tenn. Acts, ch. 1074, s 1, eff. 7/1/2016. Amended by 2014 Tenn. Acts, ch. 617, s 4, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 220, s 1, eff. 7/1/2013. Acts 1995, ch. 428, § 2; 1998, ch. 1003, § 1; 1998, ch. 1095, §§ 2, 3; 2000, ch. 683, § 2; 2007 , ch. 245, §§ 1 - 3; 2011 , ch. 433, § 1; 2012 , ch. 897, § 1.
(a) In a suit for annulment, divorce, separate maintenance, or in any other proceeding requiring the court to make a custody determination regarding a minor child, the determination shall be made on the basis of the best interest of the child. In taking into account the child's best interest, the court shall order a custody arrangement that permits both parents to enjoy the maximum participation possible in the life of the child consistent with the factors set out in this subsection (a), the location of the residences of the parents, the child's need for stability and all other relevant factors. The court shall consider all relevant factors, including the following, where applicable: (1) The strength, nature, and stability of the child's relationship with each parent, including whether one (1) parent has performed the majority of parenting responsibilities relating to the daily needs of the child; (2) Each parent's or caregiver's past and potential for future performance of parenting responsibilities, including the willingness and ability of each of the parents and caregivers to facilitate and encourage a close and continuing parent-child relationship between the child and both of the child's parents, consistent with the best interest of the child. In determining the willingness of each of the parents and caregivers to facilitate and encourage a close and continuing parent-child relationship between the child and both of the child's parents, the court shall consider the likelihood of each parent and caregiver to honor and facilitate court ordered parenting arrangements and rights, and the court shall further consider any history of either parent or any caregiver denying parenting time to either parent in violation of a court order; (3) Refusal to attend a court ordered parent education seminar may be considered by the court as a lack of good faith effort in these proceedings; (4) The disposition of each parent to provide the child with food, clothing, medical care, education and other necessary care; (5) The degree to which a parent has been the primary caregiver, defined as the parent who has taken the greater responsibility for performing parental responsibilities; (6) The love, affection, and emotional ties existing between each parent and the child; (7) The emotional needs and developmental level of the child; (8) The moral, physical, mental and emotional fitness of each parent as it relates to their ability to parent the child. The court may order an examination of a party under Rule 35 of the Tennessee Rules of Civil Procedure and, if necessary for the conduct of the proceedings, order the disclosure of confidential mental health information of a party under § 33-3-105(3) . The court order required by § 33-3-105(3) must contain a qualified protective order that limits the dissemination of confidential protected mental health information to the purpose of the litigation pending before the court and provides for the return or destruction of the confidential protected mental health information at the conclusion of the proceedings; (9) The child's interaction and interrelationships with siblings, other relatives and step-relatives, and mentors, as well as the child's involvement with the child's physical surroundings, school, or other significant activities; (10) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment; (11) Evidence of physical or emotional abuse to the child, to the other parent, or to any other person, including the child's siblings. The court may, where appropriate, refer any issues of abuse to juvenile court for further proceedings; (12) The character and behavior of any other person who resides in or frequents the home of a parent and such person's interactions with the child; (13) The reasonable preference of the child if twelve (12) years of age or older. The court may hear the preference of a younger child upon request. The preference of older children should normally be given greater weight than those of younger children; (14) Each parent's employment schedule, and the court may make accommodations consistent with those schedules; (15) Any other factors deemed relevant by the court; and (16) Whether a parent has failed to pay court-ordered child support for a period of three (3) years or more.
(1) The strength, nature, and stability of the child's relationship with each parent, including whether one (1) parent has performed the majority of parenting responsibilities relating to the daily needs of the child;
(2) Each parent's or caregiver's past and potential for future performance of parenting responsibilities, including the willingness and ability of each of the parents and caregivers to facilitate and encourage a close and continuing parent-child relationship between the child and both of the child's parents, consistent with the best interest of the child. In determining the willingness of each of the parents and caregivers to facilitate and encourage a close and continuing parent-child relationship between the child and both of the child's parents, the court shall consider the likelihood of each parent and caregiver to honor and facilitate court ordered parenting arrangements and rights, and the court shall further consider any history of either parent or any caregiver denying parenting time to either parent in violation of a court order;
(3) Refusal to attend a court ordered parent education seminar may be considered by the court as a lack of good faith effort in these proceedings;
(4) The disposition of each parent to provide the child with food, clothing, medical care, education and other necessary care;
(5) The degree to which a parent has been the primary caregiver, defined as the parent who has taken the greater responsibility for performing parental responsibilities;
(6) The love, affection, and emotional ties existing between each parent and the child;
(7) The emotional needs and developmental level of the child;
(8) The moral, physical, mental and emotional fitness of each parent as it relates to their ability to parent the child. The court may order an examination of a party under Rule 35 of the Tennessee Rules of Civil Procedure and, if necessary for the conduct of the proceedings, order the disclosure of confidential mental health information of a party under § 33-3-105(3) . The court order required by § 33-3-105(3) must contain a qualified protective order that limits the dissemination of confidential protected mental health information to the purpose of the litigation pending before the court and provides for the return or destruction of the confidential protected mental health information at the conclusion of the proceedings;
(9) The child's interaction and interrelationships with siblings, other relatives and step-relatives, and mentors, as well as the child's involvement with the child's physical surroundings, school, or other significant activities;
(10) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment;
(11) Evidence of physical or emotional abuse to the child, to the other parent, or to any other person, including the child's siblings. The court may, where appropriate, refer any issues of abuse to juvenile court for further proceedings;
(12) The character and behavior of any other person who resides in or frequents the home of a parent and such person's interactions with the child;
(13) The reasonable preference of the child if twelve (12) years of age or older. The court may hear the preference of a younger child upon request. The preference of older children should normally be given greater weight than those of younger children;
(14) Each parent's employment schedule, and the court may make accommodations consistent with those schedules;
(15) Any other factors deemed relevant by the court; and
(16) Whether a parent has failed to pay court-ordered child support for a period of three (3) years or more.
(b) Notwithstanding any law to the contrary, the court has jurisdiction to make an initial custody determination regarding a minor child or may modify a prior order of child custody upon finding that the custodial parent has been convicted of or found civilly liable for the intentional and wrongful death of the child's other parent or legal guardian.
(c) As used in this section, "caregiver" has the meaning ascribed to that term in § 37-5-501 .
(d) Nothing in subsections (a) and (c) shall be construed to affect or diminish the constitutional rights of parents that may arise during and are inherent in custody proceedings.
(e) The disability of a parent alone shall not be considered for or against awarding custody to such a party unless the disability impacts the parent's ability to meet the needs of the child.
(f) If the petitioner knows whether a child has ever been adjudicated by a court as a dependent and neglected or abused child or whether any party to the action has ever been adjudicated by a court as the perpetrator of dependency and neglect or abuse of a minor child, any petition regarding child custody shall include an affirmative statement setting out all applicable adjudications. If an adjudication has occurred as a result of a child protective services investigation, the court may order the department of children's services to disclose information regarding the investigation to protect the child from abuse or neglect consistent with § 37-1-612(h) . The court shall consider any such information as a factor in determining the child's best interest.
(g) As required by § 36-6-404(b) , only if the limitations of § 36-6-406 are not dispositive of the child's residential schedule, then the court shall consider the factors found in subdivisions (a)(1)-(15).
Amended by 2024 Tenn. Acts, ch. 799,s 2, eff. 4/23/2024.
Amended by 2024 Tenn. Acts, ch. 799,s 1, eff. 4/23/2024.
Amended by 2022 Tenn. Acts, ch. 671, s 1, eff. 3/18/2022.
Amended by 2021 Tenn. Acts, ch. 235, s 1, eff. 7/1/2021.
Amended by 2016 Tenn. Acts, ch. 1074, s 1, eff. 7/1/2016.
Amended by 2014 Tenn. Acts, ch. 617, s 4, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 220, s 1, eff. 7/1/2013.
Acts 1995, ch. 428, § 2; 1998, ch. 1003, § 1; 1998, ch. 1095, §§ 2, 3; 2000, ch. 683, § 2; 2007 , ch. 245, §§ 1 - 3; 2011 , ch. 433, § 1; 2012 , ch. 897, § 1.
Tenn. Code Ann. § 36-4-109 — TN Code / Title 36 / Chapter 4 / Section 36-4-109
Time for hearing
Status: in_force

If the subpoena to answer has been served upon the defendant, or if publication has been completed as required by law, the cause may be set for hearing and tried at the first term of court thereafter. Code 1858, § 2455 (deriv. Acts 1841-1842, ch. 133, § 3); Shan., §4208; Code 1932, § 8433; Acts 1933, ch. 156, § 1; C. Supp. 1950, § 8433; T.C.A. (orig. ed.), § 36-808.
If the subpoena to answer has been served upon the defendant, or if publication has been completed as required by law, the cause may be set for hearing and tried at the first term of court thereafter.
Code 1858, § 2455 (deriv. Acts 1841-1842, ch. 133, § 3); Shan., §4208; Code 1932, § 8433; Acts 1933, ch. 156, § 1; C. Supp. 1950, § 8433; T.C.A. (orig. ed.), § 36-808.
Tenn. Code Ann. § 36-5-2707 — TN Code / Title 36 / Chapter 5 / Section 36-5-2707
Contest of registered Convention support order
Status: in_force

(a) Except as otherwise provided in this part, §§ 36-5-2605-36-5-2608 apply to a contest of a registered Convention support order. (b) A party contesting a registered Convention support order shall file a contest not later than thirty (30) days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than sixty (60) days after notice of the registration. (c) If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection (b), the order is enforceable. (d) A contest of a registered Convention support order may be based only on grounds set forth in § 36-5-2708 . The contesting party bears the burden of proof. (e) In a contest of a registered Convention support order, a tribunal of this state: (1) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and (2) May not review the merits of the order. (f) A tribunal of this state deciding a contest of a registered Convention support order shall promptly notify the parties of its decision. (g) A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances. Acts 2010 , ch. 901, § 1.
(a) Except as otherwise provided in this part, §§ 36-5-2605-36-5-2608 apply to a contest of a registered Convention support order.
(b) A party contesting a registered Convention support order shall file a contest not later than thirty (30) days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than sixty (60) days after notice of the registration.
(c) If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection (b), the order is enforceable.
(d) A contest of a registered Convention support order may be based only on grounds set forth in § 36-5-2708 . The contesting party bears the burden of proof.
(e) In a contest of a registered Convention support order, a tribunal of this state: (1) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and (2) May not review the merits of the order.
(1) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(2) May not review the merits of the order.
(f) A tribunal of this state deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.
(g) A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.
Acts 2010 , ch. 901, § 1.
Tenn. Code Ann. § 36-5-814 — TN Code / Title 36 / Chapter 5 / Section 36-5-814
"Financial institution" defined
Status: in_force

As used in this part, unless the context otherwise requires, "financial institution" means: (1) A depository institution, as defined in Section 3(c) of the Federal Deposit Insurance Act ( 12 U.S.C. § 1813(c) ); (2) An institution-affiliated party, as defined in Section 3(u) of such Act ( 12 U.S.C. § 1813(u) ), including for purposes of § 36-5-810 ; (3) Any federal credit union or state credit union as defined in Section 101 of the Federal Credit Union Act ( 12 U.S.C. § 1752 ), including, for purposes of § 36-5-810 , an institution-affiliated party of such a credit union, as defined in Section 206 of such Act ( 12 U.S.C. § 1786 ); or (4) Any benefit association, insurance company, safe deposit company, money-market mutual fund, securities broker/dealer, or similar entity authorized to conduct business in this state. Acts 1997 , ch. 551, § 11.
As used in this part, unless the context otherwise requires, "financial institution" means:
(1) A depository institution, as defined in Section 3(c) of the Federal Deposit Insurance Act ( 12 U.S.C. § 1813(c) );
(2) An institution-affiliated party, as defined in Section 3(u) of such Act ( 12 U.S.C. § 1813(u) ), including for purposes of § 36-5-810 ;
(3) Any federal credit union or state credit union as defined in Section 101 of the Federal Credit Union Act ( 12 U.S.C. § 1752 ), including, for purposes of § 36-5-810 , an institution-affiliated party of such a credit union, as defined in Section 206 of such Act ( 12 U.S.C. § 1786 ); or
(4) Any benefit association, insurance company, safe deposit company, money-market mutual fund, securities broker/dealer, or similar entity authorized to conduct business in this state.
Acts 1997 , ch. 551, § 11.
Tenn. Code Ann. § 36-5-122 — TN Code / Title 36 / Chapter 5 / Section 36-5-122
False allegations of sexual abuse in furtherance of litigation
Status: in_force

Whenever a trial court finds that any person knowingly made a false allegation of sexual abuse in furtherance of litigation, in addition to any other penalties provided for by law or rule, the court may hold the accuser in contempt of court and may order the accuser to pay all litigation expenses, including, but not limited to, reasonable attorney's fees, discretionary costs and other costs incurred by the wrongly accused party in defending against the false allegation. Acts 2010, ch. 894, § 2.
Whenever a trial court finds that any person knowingly made a false allegation of sexual abuse in furtherance of litigation, in addition to any other penalties provided for by law or rule, the court may hold the accuser in contempt of court and may order the accuser to pay all litigation expenses, including, but not limited to, reasonable attorney's fees, discretionary costs and other costs incurred by the wrongly accused party in defending against the false allegation.
Acts 2010, ch. 894, § 2.
Tenn. Code Ann. § 36-6-109 — TN Code / Title 36 / Chapter 6 / Section 36-6-109
Notice of hearing
Status: in_force

If a parent or other suitable person is awarded sole or joint custody of a child by a court pursuant to this chapter; and If such parent or person is subsequently arrested, confined or otherwise detained by law enforcement officials or a court of competent jurisdiction; and If, as a result of the arrest, confinement or detainment of such parent or person, such child temporarily comes to the care and custody of the department of children's services or any public or private agency, institution or home providing shelter care as defined in § 37-1-102 ; then Prior to the hearing required by § 37-1-114 , such department, agency, institution or home must undertake reasonable efforts to provide adequate notice of the time, place and purpose of such hearing to any other parent or person awarded joint custody or visitation rights by the court at the time the custody of the child was initially established. Acts 1998, ch. 1006, § 1.
If a parent or other suitable person is awarded sole or joint custody of a child by a court pursuant to this chapter; and
If such parent or person is subsequently arrested, confined or otherwise detained by law enforcement officials or a court of competent jurisdiction; and
If, as a result of the arrest, confinement or detainment of such parent or person, such child temporarily comes to the care and custody of the department of children's services or any public or private agency, institution or home providing shelter care as defined in § 37-1-102 ; then
Prior to the hearing required by § 37-1-114 , such department, agency, institution or home must undertake reasonable efforts to provide adequate notice of the time, place and purpose of such hearing to any other parent or person awarded joint custody or visitation rights by the court at the time the custody of the child was initially established.
Acts 1998, ch. 1006, § 1.
Tenn. Code Ann. § 36-8-101 — TN Code / Title 36 / Chapter 8 / Section 36-8-101
Short title
Status: in_force

This chapter is known and may be cited as the "Families' Rights and Responsibilities Act." Added by 2024 Tenn. Acts, ch. 1061,s 1, eff. 7/1/2024.
This chapter is known and may be cited as the "Families' Rights and Responsibilities Act."
Added by 2024 Tenn. Acts, ch. 1061,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 36-1-136 — TN Code / Title 36 / Chapter 1 / Section 36-1-136
Notification made as part of search, contact or identifying requests
Status: in_force

(a) (1) Any notification required to be made as part of a search or a contact or an identifying request pursuant to this part for an adopted person or a person for whom records are maintained as described under § 36-1-127(c)(1)(A) , shall be made with such persons who are twenty-one (21) years of age or older, except as otherwise provided by § 36-1-135 , or with the legal representative of such persons. (2) Any notification for search or contact requests involving the biological or legal relative, who is under twenty-one (21) years of age, of the adopted person or person for whom records are maintained as described under § 36-1-127(c)(1)(A) , shall be with the parents or legal representative of such biological or legal relative. (3) Any notification involving any other persons who are subject to contact for search requests or contact requests under this part shall be made with those persons who are twenty-one (21) years of age or older or with the known legal representative of any such persons. (b) Any decision to permit contact or to permit the disclosure of information authorized by this part to be disclosed under subsection (a) shall be made, as the case may be: (1) By the adopted person or a person for whom records are maintained as described under § 36-1-127(c)(1)(A) and in subdivision (a)(1), twenty-one (21) years of age or older, or such person's legal representative, except as otherwise provided by § 36-1-135 ; (2) By the parents or by the legal representative of the biological or legal relative in subdivision (a)(2), who is under twenty-one (21) years of age, of the adopted person or person for whom records are maintained as described under § 36-1-127(c)(1)(A) ; or (3) By those other persons in subdivision (a)(3) who are twenty-one (21) years of age or older or by the known legal representative of any such persons. Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 122.
(a) (1) Any notification required to be made as part of a search or a contact or an identifying request pursuant to this part for an adopted person or a person for whom records are maintained as described under § 36-1-127(c)(1)(A) , shall be made with such persons who are twenty-one (21) years of age or older, except as otherwise provided by § 36-1-135 , or with the legal representative of such persons. (2) Any notification for search or contact requests involving the biological or legal relative, who is under twenty-one (21) years of age, of the adopted person or person for whom records are maintained as described under § 36-1-127(c)(1)(A) , shall be with the parents or legal representative of such biological or legal relative. (3) Any notification involving any other persons who are subject to contact for search requests or contact requests under this part shall be made with those persons who are twenty-one (21) years of age or older or with the known legal representative of any such persons.
(1) Any notification required to be made as part of a search or a contact or an identifying request pursuant to this part for an adopted person or a person for whom records are maintained as described under § 36-1-127(c)(1)(A) , shall be made with such persons who are twenty-one (21) years of age or older, except as otherwise provided by § 36-1-135 , or with the legal representative of such persons.
(2) Any notification for search or contact requests involving the biological or legal relative, who is under twenty-one (21) years of age, of the adopted person or person for whom records are maintained as described under § 36-1-127(c)(1)(A) , shall be with the parents or legal representative of such biological or legal relative.
(3) Any notification involving any other persons who are subject to contact for search requests or contact requests under this part shall be made with those persons who are twenty-one (21) years of age or older or with the known legal representative of any such persons.
(b) Any decision to permit contact or to permit the disclosure of information authorized by this part to be disclosed under subsection (a) shall be made, as the case may be: (1) By the adopted person or a person for whom records are maintained as described under § 36-1-127(c)(1)(A) and in subdivision (a)(1), twenty-one (21) years of age or older, or such person's legal representative, except as otherwise provided by § 36-1-135 ; (2) By the parents or by the legal representative of the biological or legal relative in subdivision (a)(2), who is under twenty-one (21) years of age, of the adopted person or person for whom records are maintained as described under § 36-1-127(c)(1)(A) ; or (3) By those other persons in subdivision (a)(3) who are twenty-one (21) years of age or older or by the known legal representative of any such persons.
(1) By the adopted person or a person for whom records are maintained as described under § 36-1-127(c)(1)(A) and in subdivision (a)(1), twenty-one (21) years of age or older, or such person's legal representative, except as otherwise provided by § 36-1-135 ;
(2) By the parents or by the legal representative of the biological or legal relative in subdivision (a)(2), who is under twenty-one (21) years of age, of the adopted person or person for whom records are maintained as described under § 36-1-127(c)(1)(A) ; or
(3) By those other persons in subdivision (a)(3) who are twenty-one (21) years of age or older or by the known legal representative of any such persons.
Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 122.
Tenn. Code Ann. § 36-6-507 — TN Code / Title 36 / Chapter 6 / Section 36-6-507
Denial, suspension or revocation of a license
Status: in_force

(a) Notwithstanding any other law, rule or regulation to the contrary, the certification from the court under § 36-6-506 shall be a basis for the denial, suspension or revocation of a license, or for refusal to issue, renew, or reinstate a license by a licensing authority. (b) The licensing authority shall notify, without undue delay, by regular mail, a parent certified from the court under § 36-6-506 , that the parent's application for the issuance, renewal or reinstatement of a license has been denied or that the parent's current license has been suspended or revoked because the parent's name has been certified by the court as a parent who is not in compliance with an order of visitation. (c) A notice of suspension shall specify the reason and statutory grounds for the suspension and the effective date of the suspension and may include any other notices prescribed by the licensing authority. The notice shall also inform the individual that in order to apply for issuance, renewal or reinstatement of the license, the individual shall obtain a release from the court in accordance with § 36-6-508 . (d) If a licensing authority fails to deny, suspend or revoke a license when so ordered by a court pursuant to this part, the other parent may petition the court to compel the authority's compliance. (e) A notice to the individual by the licensing authority to revoke, deny, suspend, or refuse to renew or reinstate a license after receipt of the court certification under this section shall not be appealable under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. Acts 2000, ch. 971, § 8.
(a) Notwithstanding any other law, rule or regulation to the contrary, the certification from the court under § 36-6-506 shall be a basis for the denial, suspension or revocation of a license, or for refusal to issue, renew, or reinstate a license by a licensing authority.
(b) The licensing authority shall notify, without undue delay, by regular mail, a parent certified from the court under § 36-6-506 , that the parent's application for the issuance, renewal or reinstatement of a license has been denied or that the parent's current license has been suspended or revoked because the parent's name has been certified by the court as a parent who is not in compliance with an order of visitation.
(c) A notice of suspension shall specify the reason and statutory grounds for the suspension and the effective date of the suspension and may include any other notices prescribed by the licensing authority. The notice shall also inform the individual that in order to apply for issuance, renewal or reinstatement of the license, the individual shall obtain a release from the court in accordance with § 36-6-508 .
(d) If a licensing authority fails to deny, suspend or revoke a license when so ordered by a court pursuant to this part, the other parent may petition the court to compel the authority's compliance.
(e) A notice to the individual by the licensing authority to revoke, deny, suspend, or refuse to renew or reinstate a license after receipt of the court certification under this section shall not be appealable under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
Acts 2000, ch. 971, § 8.
Tenn. Code Ann. § 36-6-412 — TN Code / Title 36 / Chapter 6 / Section 36-6-412
Gender
Status: in_force

It is the legislative intent that the gender of the party seeking to be the primary residential parent shall not give rise to a presumption of parental fitness or cause a presumption in favor of or against such party. Acts 1997, ch. 557, § 1; T.C.A., § 36-6-404 ; Acts 2000, ch. 889, § 1.
It is the legislative intent that the gender of the party seeking to be the primary residential parent shall not give rise to a presumption of parental fitness or cause a presumption in favor of or against such party.
Acts 1997, ch. 557, § 1; T.C.A., § 36-6-404 ; Acts 2000, ch. 889, § 1.
Tenn. Code Ann. § 36-1-204 — TN Code / Title 36 / Chapter 1 / Section 36-1-204
Applicability of part
Status: in_force

This part shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this state under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this state. Eligibility of all other children for assistance pursuant to adoption assistance agreements entered into by this state shall be determined in accordance with the laws and regulations applicable thereto. Acts 1985, ch. 35, § 4.
This part shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this state under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this state. Eligibility of all other children for assistance pursuant to adoption assistance agreements entered into by this state shall be determined in accordance with the laws and regulations applicable thereto.
Acts 1985, ch. 35, § 4.
Tenn. Code Ann. § 36-5-806 — TN Code / Title 36 / Chapter 5 / Section 36-5-806
Administrative review of certain administrative orders
Status: in_force

The persons against whom the administrative orders in §§ 36-5-802 , 36-5-803 and 36-5-804 were issued shall have a right to administratively appeal such orders pursuant to part 10 of this chapter. Acts 1997, ch. 551, § 11.
The persons against whom the administrative orders in §§ 36-5-802 , 36-5-803 and 36-5-804 were issued shall have a right to administratively appeal such orders pursuant to part 10 of this chapter.
Acts 1997, ch. 551, § 11.
Tenn. Code Ann. § 36-3-607 — TN Code / Title 36 / Chapter 3 / Section 36-3-607
Bond not required
Status: in_force

The court shall not require the execution of a bond by the petitioner to issue any order of protection under this part. Acts 1979, ch. 350, § 9; T.C.A., § 36-1209.
The court shall not require the execution of a bond by the petitioner to issue any order of protection under this part.
Acts 1979, ch. 350, § 9; T.C.A., § 36-1209.
Tenn. Code Ann. § 36-3-614 — TN Code / Title 36 / Chapter 3 / Section 36-3-614
Effect of failure to contest parentage - Order of protection pending parentage tests and comparisons
Status: in_force

(a) Failure of a respondent to contest paternity in any proceeding commenced pursuant to this part shall not be construed as an admission of paternity by such respondent, nor shall such failure to contest be admissible as evidence against the respondent at any pending or subsequent paternity proceeding. (b) Where paternity is contested in a proceeding commenced pursuant to this part, if the court orders the parties to submit to any tests and comparisons to determine parentage authorized by § 24-7-112 , the court may grant an order of protection pending the outcome of any such tests and comparisons. Acts 1991, ch. 380, § 2.
(a) Failure of a respondent to contest paternity in any proceeding commenced pursuant to this part shall not be construed as an admission of paternity by such respondent, nor shall such failure to contest be admissible as evidence against the respondent at any pending or subsequent paternity proceeding.
(b) Where paternity is contested in a proceeding commenced pursuant to this part, if the court orders the parties to submit to any tests and comparisons to determine parentage authorized by § 24-7-112 , the court may grant an order of protection pending the outcome of any such tests and comparisons.
Acts 1991, ch. 380, § 2.
Tenn. Code Ann. § 36-5-703 — TN Code / Title 36 / Chapter 5 / Section 36-5-703
Administrative hearing - Certification of noncompliance
Status: in_force

(a) An obligor may request an administrative hearing upon receiving the notice described in § 36-5-702 to contest the department's intention to issue a finding of noncompliance to a licensing authority. The request for hearing must be made in writing and must be received by the department within twenty (20) days of the date the notice is served upon the obligor as shown by the return receipt or by the return on personal service. (b) If a hearing is requested, the department shall conduct the hearing in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, except that, notwithstanding any law to the contrary, the appeal of the department's administrative order based upon the hearing pursuant to this part shall be made by the obligor in accordance with the jurisdictional and judicial review provisions of § 36-5-1003 ; provided, that notwithstanding any law or rule to the contrary, the sworn certificate of the department, or its agent, or the Title IV-D agency of another state, regarding the issues in subdivisions (c)(1) and (2), shall be admissible in evidence and shall constitute a rebuttable presumption of the obligor's status. (c) The only issues for consideration at the administrative hearings shall be: (1) Whether the licensee is an obligor required to pay child support under an order of support; (2) Whether the obligor is not in compliance with the order of support; and (3) Whether good cause exists in that case as to whether the sanctions of this part should be imposed. (d) (1) The department may enter into a consent order with the obligor, which is filed with the court, for payment of an arrearage owed by the obligor. Upon entry of such consent order by the court, the proceedings under this part shall be further stayed, unless there is noncompliance with such consent order as shown by the records pursuant to subdivision (d)(2). In the event of such noncompliance the stay shall cease and the procedures of subdivision (d)(2) shall be followed. Entry of such consent order shall constitute a waiver of the obligor's right to any hearing on the issue of noncompliance with an order of support based upon the notice of noncompliance for which the consent order has been entered. (2) If the payment records of the clerk of the court or the department show that the obligor remains in arrears and is not in compliance with the consent order for repayment of the child support arrearage pursuant to subdivision (d)(1), the court, through the department, shall, in accordance with § 36-5-705 , forthwith certify to each licensing authority that licenses the obligor that the obligor is not in compliance with an order of support. Acts 1996, ch. 892, § 4; 1998, ch. 1098, § 69; 2000, ch. 922, § 22.
(a) An obligor may request an administrative hearing upon receiving the notice described in § 36-5-702 to contest the department's intention to issue a finding of noncompliance to a licensing authority. The request for hearing must be made in writing and must be received by the department within twenty (20) days of the date the notice is served upon the obligor as shown by the return receipt or by the return on personal service.
(b) If a hearing is requested, the department shall conduct the hearing in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, except that, notwithstanding any law to the contrary, the appeal of the department's administrative order based upon the hearing pursuant to this part shall be made by the obligor in accordance with the jurisdictional and judicial review provisions of § 36-5-1003 ; provided, that notwithstanding any law or rule to the contrary, the sworn certificate of the department, or its agent, or the Title IV-D agency of another state, regarding the issues in subdivisions (c)(1) and (2), shall be admissible in evidence and shall constitute a rebuttable presumption of the obligor's status.
(c) The only issues for consideration at the administrative hearings shall be: (1) Whether the licensee is an obligor required to pay child support under an order of support; (2) Whether the obligor is not in compliance with the order of support; and (3) Whether good cause exists in that case as to whether the sanctions of this part should be imposed.
(1) Whether the licensee is an obligor required to pay child support under an order of support;
(2) Whether the obligor is not in compliance with the order of support; and
(3) Whether good cause exists in that case as to whether the sanctions of this part should be imposed.
(d) (1) The department may enter into a consent order with the obligor, which is filed with the court, for payment of an arrearage owed by the obligor. Upon entry of such consent order by the court, the proceedings under this part shall be further stayed, unless there is noncompliance with such consent order as shown by the records pursuant to subdivision (d)(2). In the event of such noncompliance the stay shall cease and the procedures of subdivision (d)(2) shall be followed. Entry of such consent order shall constitute a waiver of the obligor's right to any hearing on the issue of noncompliance with an order of support based upon the notice of noncompliance for which the consent order has been entered. (2) If the payment records of the clerk of the court or the department show that the obligor remains in arrears and is not in compliance with the consent order for repayment of the child support arrearage pursuant to subdivision (d)(1), the court, through the department, shall, in accordance with § 36-5-705 , forthwith certify to each licensing authority that licenses the obligor that the obligor is not in compliance with an order of support.
(1) The department may enter into a consent order with the obligor, which is filed with the court, for payment of an arrearage owed by the obligor. Upon entry of such consent order by the court, the proceedings under this part shall be further stayed, unless there is noncompliance with such consent order as shown by the records pursuant to subdivision (d)(2). In the event of such noncompliance the stay shall cease and the procedures of subdivision (d)(2) shall be followed. Entry of such consent order shall constitute a waiver of the obligor's right to any hearing on the issue of noncompliance with an order of support based upon the notice of noncompliance for which the consent order has been entered.
(2) If the payment records of the clerk of the court or the department show that the obligor remains in arrears and is not in compliance with the consent order for repayment of the child support arrearage pursuant to subdivision (d)(1), the court, through the department, shall, in accordance with § 36-5-705 , forthwith certify to each licensing authority that licenses the obligor that the obligor is not in compliance with an order of support.
Acts 1996, ch. 892, § 4; 1998, ch. 1098, § 69; 2000, ch. 922, § 22.
Tenn. Code Ann. § 36-4-130 — TN Code / Title 36 / Chapter 4 / Section 36-4-130
Mediation - Confidentiality of information and documents
Status: in_force

(a) When the parties to a divorce action mediate the dispute, the mediator shall not divulge information disclosed to the mediator by the parties or by others in the course of mediation. All records, reports, and other documents developed for the mediation are confidential and privileged. (b) Communications made during a mediation may be disclosed only: (1) When all parties to the mediation agree, in writing, to waive the confidentiality of the written information; (2) In a subsequent action between the mediator and a party to the mediation for damages arising out of the mediation; (3) When statements, memoranda, materials and other tangible evidence are otherwise subject to discovery and were not prepared specifically for use in and actually used in the mediation; (4) When the parties to the mediation are engaged in litigation with a third party and the court determines that fairness to the third party requires that the fact or substance of an agreement resulting from mediation be disclosed; or (5) When the disclosure reveals abuse or neglect of a child by one (1) of the parties. (c) The mediator shall not be compelled to testify in any proceeding, unless all parties to the mediation and the mediator agree in writing. Acts 1993, ch. 245, §1; 2007 , ch. 519, § 2.
(a) When the parties to a divorce action mediate the dispute, the mediator shall not divulge information disclosed to the mediator by the parties or by others in the course of mediation. All records, reports, and other documents developed for the mediation are confidential and privileged.
(b) Communications made during a mediation may be disclosed only: (1) When all parties to the mediation agree, in writing, to waive the confidentiality of the written information; (2) In a subsequent action between the mediator and a party to the mediation for damages arising out of the mediation; (3) When statements, memoranda, materials and other tangible evidence are otherwise subject to discovery and were not prepared specifically for use in and actually used in the mediation; (4) When the parties to the mediation are engaged in litigation with a third party and the court determines that fairness to the third party requires that the fact or substance of an agreement resulting from mediation be disclosed; or (5) When the disclosure reveals abuse or neglect of a child by one (1) of the parties.
(1) When all parties to the mediation agree, in writing, to waive the confidentiality of the written information;
(2) In a subsequent action between the mediator and a party to the mediation for damages arising out of the mediation;
(3) When statements, memoranda, materials and other tangible evidence are otherwise subject to discovery and were not prepared specifically for use in and actually used in the mediation;
(4) When the parties to the mediation are engaged in litigation with a third party and the court determines that fairness to the third party requires that the fact or substance of an agreement resulting from mediation be disclosed; or
(5) When the disclosure reveals abuse or neglect of a child by one (1) of the parties.
(c) The mediator shall not be compelled to testify in any proceeding, unless all parties to the mediation and the mediator agree in writing.
Acts 1993, ch. 245, §1; 2007 , ch. 519, § 2.
Tenn. Code Ann. § 36-5-812 — TN Code / Title 36 / Chapter 5 / Section 36-5-812
Enforcement of requests, administrative orders and administrative subpoenas
Status: in_force

(a) The department may enforce an administrative order or subpoena, or the civil penalties authorized in § 36-5-811 , by filing a motion for such purpose in the chancery, circuit, juvenile court, or other domestic relations court, having jurisdiction over the support order, or at the option of the department or its Title IV-D contractor, in the county of the residence of the person or of the location of the entity against whom the request, administrative order or administrative subpoena was issued. (b) The court may enforce any of its orders pursuant to this section by contempt orders. (c) The department may also enforce such administrative orders, subpoenas or requests by directing the revocation, denial, or suspension of any license, as defined in § 36-5-701 , of any person or entity. (d) Such enforcement methods shall be cumulative, and not exclusive, of any other remedies provided by law for the enforcement of any orders by the court or by the department. Acts 1997, ch. 551, § 11; 1998, ch. 1098, § 34.
(a) The department may enforce an administrative order or subpoena, or the civil penalties authorized in § 36-5-811 , by filing a motion for such purpose in the chancery, circuit, juvenile court, or other domestic relations court, having jurisdiction over the support order, or at the option of the department or its Title IV-D contractor, in the county of the residence of the person or of the location of the entity against whom the request, administrative order or administrative subpoena was issued.
(b) The court may enforce any of its orders pursuant to this section by contempt orders.
(c) The department may also enforce such administrative orders, subpoenas or requests by directing the revocation, denial, or suspension of any license, as defined in § 36-5-701 , of any person or entity.
(d) Such enforcement methods shall be cumulative, and not exclusive, of any other remedies provided by law for the enforcement of any orders by the court or by the department.
Acts 1997, ch. 551, § 11; 1998, ch. 1098, § 34.
Tenn. Code Ann. § 36-5-712 — TN Code / Title 36 / Chapter 5 / Section 36-5-712
Report to general assembly and governor
Status: in_force

In furtherance of the public policy of increasing collection of child support, the department shall report the following to the general assembly and the governor on January 31, 1998, and annually thereafter: (1) The number of obligors identified as licensees subject to this part; (2) The number of obligors identified by the department under this part who are not in compliance with an order of support; and (3) The number of actions taken by the department under this part and the results of those actions. Acts 1996, ch. 892, § 13.
In furtherance of the public policy of increasing collection of child support, the department shall report the following to the general assembly and the governor on January 31, 1998, and annually thereafter:
(1) The number of obligors identified as licensees subject to this part;
(2) The number of obligors identified by the department under this part who are not in compliance with an order of support; and
(3) The number of actions taken by the department under this part and the results of those actions.
Acts 1996, ch. 892, § 13.
Tenn. Code Ann. § 36-3-615 — TN Code / Title 36 / Chapter 3 / Section 36-3-615
Notification to victim that family or household member arrested for assault may be released on bond
Status: in_force

(a) After a person has been arrested for assault pursuant to § 39-13-101 , aggravated assault pursuant to § 39-13-102 , against a victim as defined in § 36-3-601 , domestic assault pursuant to § 39-13-111 , or violation of a protective order pursuant to § 39-13-113 , the arresting officer shall inform the victim that the person arrested may be eligible to post bond for the offense and be released until the date of trial for the offense. (b) Subsection (a) is solely intended to be a notification provision, and no cause of action is intended to be created thereby. Acts 1993, ch. 436, §§ 1, 2; 1997, ch. 211, § 4; 2001, ch. 352, § 1; 2006, ch. 920, § 3.
(a) After a person has been arrested for assault pursuant to § 39-13-101 , aggravated assault pursuant to § 39-13-102 , against a victim as defined in § 36-3-601 , domestic assault pursuant to § 39-13-111 , or violation of a protective order pursuant to § 39-13-113 , the arresting officer shall inform the victim that the person arrested may be eligible to post bond for the offense and be released until the date of trial for the offense.
(b) Subsection (a) is solely intended to be a notification provision, and no cause of action is intended to be created thereby.
Acts 1993, ch. 436, §§ 1, 2; 1997, ch. 211, § 4; 2001, ch. 352, § 1; 2006, ch. 920, § 3.
Tenn. Code Ann. § 36-3-620 — TN Code / Title 36 / Chapter 3 / Section 36-3-620
Seizure of weapons in possession of alleged domestic abuser
Status: in_force

(a) (1) If a law enforcement officer has probable cause to believe that a criminal offense involving domestic abuse against a victim, as defined in § 36-3-601 , has occurred, the officer shall seize all weapons that are alleged to have been used by the abuser or threatened to be used by the abuser in the commission of a crime. (2) Incident to an arrest for a crime involving domestic abuse against a victim, as defined in § 36-3-601 , a law enforcement officer may seize a weapon that is in plain view of the officer or discovered pursuant to a consensual search, if necessary for the protection of the officer or other persons; provided, that a law enforcement officer is not required to remove a weapon such officer believes is needed by the victim for self defense. (b) The provisions of § 39-17-1317 , relative to the disposition of confiscated weapons, shall govern all weapons seized pursuant to this section that were used or threatened to be used by the abuser to commit the crime; provided, that if multiple weapons are seized, the court shall have the authority to confiscate only the weapon or weapons actually used or threatened to be used by the abuser to commit the crime. All other weapons seized shall be returned upon disposition of the case. Also, the officer shall append an inventory of all seized weapons to the domestic abuse report that the officer files with the officer's supervisor pursuant to § 36-3-619(e) . (c) The officer's supervisor shall include the appended information on seized weapons in the compilation of data that the officer's supervisor forwards to the administrative director of the courts pursuant to § 36-3-619(f) . Acts 1995, ch. 507, § 6; 1997, ch. 211, § 5; 1997, ch. 459, § 2.
(a) (1) If a law enforcement officer has probable cause to believe that a criminal offense involving domestic abuse against a victim, as defined in § 36-3-601 , has occurred, the officer shall seize all weapons that are alleged to have been used by the abuser or threatened to be used by the abuser in the commission of a crime. (2) Incident to an arrest for a crime involving domestic abuse against a victim, as defined in § 36-3-601 , a law enforcement officer may seize a weapon that is in plain view of the officer or discovered pursuant to a consensual search, if necessary for the protection of the officer or other persons; provided, that a law enforcement officer is not required to remove a weapon such officer believes is needed by the victim for self defense.
(1) If a law enforcement officer has probable cause to believe that a criminal offense involving domestic abuse against a victim, as defined in § 36-3-601 , has occurred, the officer shall seize all weapons that are alleged to have been used by the abuser or threatened to be used by the abuser in the commission of a crime.
(2) Incident to an arrest for a crime involving domestic abuse against a victim, as defined in § 36-3-601 , a law enforcement officer may seize a weapon that is in plain view of the officer or discovered pursuant to a consensual search, if necessary for the protection of the officer or other persons; provided, that a law enforcement officer is not required to remove a weapon such officer believes is needed by the victim for self defense.
(b) The provisions of § 39-17-1317 , relative to the disposition of confiscated weapons, shall govern all weapons seized pursuant to this section that were used or threatened to be used by the abuser to commit the crime; provided, that if multiple weapons are seized, the court shall have the authority to confiscate only the weapon or weapons actually used or threatened to be used by the abuser to commit the crime. All other weapons seized shall be returned upon disposition of the case. Also, the officer shall append an inventory of all seized weapons to the domestic abuse report that the officer files with the officer's supervisor pursuant to § 36-3-619(e) .
(c) The officer's supervisor shall include the appended information on seized weapons in the compilation of data that the officer's supervisor forwards to the administrative director of the courts pursuant to § 36-3-619(f) .
Acts 1995, ch. 507, § 6; 1997, ch. 211, § 5; 1997, ch. 459, § 2.