Tenn. Code Ann. § 36-1-109 — TN Code / Title 36 / Chapter 1 / Section 36-1-109
Illegal payments in connection with placement of child - Penalty
Status: in_force

(a) It is unlawful for any person, corporation, agency, or other entity other than the department or a licensed child-placing agency or licensed clinical social worker, as defined in § 36-1-102 , that is subject to regulation by the department to: (1) (A) Charge or receive from or on behalf of any person or persons legally adopting or accepting a child for adoption any remuneration, fee, contribution, or thing of value whatsoever for rendering any service described in § 36-1-108 in connection with the placement of such child for adoption or in connection with the placement of such child for foster care or adoption with one other than the child's parent or parents other than that now or hereafter allowed by law; (B) (i) This section does not prohibit the payment by an interested person of reasonable charges or fees for: (a) Hospital or medical services for the birth of the child; (b) Medical care and other reasonable birth-related expenses for the mother or child; (c) Counseling fees for the parents or prospective adoptive parents or child; (d) Legal services or the reasonable costs of legal proceedings related to the adoption of any child; or (e) Actual expenses for housing, food, maternity clothing, child's clothing, utilities, or transportation for a reasonable period not to exceed the duration of the pregnancy and ninety (90) days after the birth, surrender, or parental consent to the adoption of the child. (ii) Upon a motion filed by the prospective adoptive parents, a court with jurisdiction for the surrender or adoption of a child may specifically approve in a written order, based upon a detailed affidavit by a birth mother and other evidence as required by the court, any expenses specifically allowed in this section for a period before or after the periods in subdivision (a)(1)(B)(i). (iii) Expenses must be incurred directly in connection with: (a) Maternity, birth, or placement of the child for adoption; (b) Legal services or costs of legal proceedings directly related to the adoption of the child; or (c) Counseling, which may occur in person or by virtual means, for a period of up to two (2) years for the parent who surrenders the child or consents to the adoption of the child. (iv) Reasonable, actual expenses for housing, food, maternity clothing, child's clothing, utilities, or transportation do not include expenses incurred prior to the birth mother becoming pregnant and entering into an adoption plan. These expenses must, whenever possible, be documented by receipts, invoices, rental agreements, or other written verification of expense, and must be reviewed by the court before which the birth mother surrenders or consents to adoption. If documentation is not otherwise available, then the birth mother and prospective adoptive parents shall execute an itemized affidavit stating the specific reason for each payment, the amount paid, the date paid, and to whom each payment was made. (v) The payment for the expenses may only be for expenses or costs actually incurred during the periods permitted in subdivisions (a)(1)(B)(i)-(iii). This subdivision (a)(1)(B) does not prohibit the actual payment or receipt of payment for expenses or costs after those periods that were actually incurred during those periods. (2) Sell or surrender a child to another person for money or anything of value; and it is unlawful for any person to receive such minor child for such payment of money or thing of value; provided, that nothing herein shall be construed as prohibiting any person who is contemplating adopting a child not yet born or surrendered or for whom a parental consent may be given from payment of the expenses set forth in subdivision (a)(1)(B); (3) Having the rights and duties of a parent or guardian with respect to the care and custody of a minor child, assign or transfer such parental or guardianship rights for the purpose of, incidental to, or otherwise connected with, selling or offering to sell such rights and duties for money or anything of value; or (4) Assist in the commission of any acts prohibited in subdivision (a)(1), (a)(2), or (a)(3). (b) A violation of this section is a Class C felony. (c) Any adoption completed before March 27, 1978, shall not be affected by this section. Amended by 2024 Tenn. Acts, ch. 996,s 6, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 263, s 1, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 187, s 2, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 187, s 1, eff. 7/1/2023. Acts 1978, ch. 704, § 2; T.C.A., § 36-136; Acts 1992, ch. 1019, § 1; T.C.A., § 36-1-135 ; Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 19; 2003 , ch. 231, § 6.
(a) It is unlawful for any person, corporation, agency, or other entity other than the department or a licensed child-placing agency or licensed clinical social worker, as defined in § 36-1-102 , that is subject to regulation by the department to: (1) (A) Charge or receive from or on behalf of any person or persons legally adopting or accepting a child for adoption any remuneration, fee, contribution, or thing of value whatsoever for rendering any service described in § 36-1-108 in connection with the placement of such child for adoption or in connection with the placement of such child for foster care or adoption with one other than the child's parent or parents other than that now or hereafter allowed by law; (B) (i) This section does not prohibit the payment by an interested person of reasonable charges or fees for: (a) Hospital or medical services for the birth of the child; (b) Medical care and other reasonable birth-related expenses for the mother or child; (c) Counseling fees for the parents or prospective adoptive parents or child; (d) Legal services or the reasonable costs of legal proceedings related to the adoption of any child; or (e) Actual expenses for housing, food, maternity clothing, child's clothing, utilities, or transportation for a reasonable period not to exceed the duration of the pregnancy and ninety (90) days after the birth, surrender, or parental consent to the adoption of the child. (ii) Upon a motion filed by the prospective adoptive parents, a court with jurisdiction for the surrender or adoption of a child may specifically approve in a written order, based upon a detailed affidavit by a birth mother and other evidence as required by the court, any expenses specifically allowed in this section for a period before or after the periods in subdivision (a)(1)(B)(i). (iii) Expenses must be incurred directly in connection with: (a) Maternity, birth, or placement of the child for adoption; (b) Legal services or costs of legal proceedings directly related to the adoption of the child; or (c) Counseling, which may occur in person or by virtual means, for a period of up to two (2) years for the parent who surrenders the child or consents to the adoption of the child. (iv) Reasonable, actual expenses for housing, food, maternity clothing, child's clothing, utilities, or transportation do not include expenses incurred prior to the birth mother becoming pregnant and entering into an adoption plan. These expenses must, whenever possible, be documented by receipts, invoices, rental agreements, or other written verification of expense, and must be reviewed by the court before which the birth mother surrenders or consents to adoption. If documentation is not otherwise available, then the birth mother and prospective adoptive parents shall execute an itemized affidavit stating the specific reason for each payment, the amount paid, the date paid, and to whom each payment was made. (v) The payment for the expenses may only be for expenses or costs actually incurred during the periods permitted in subdivisions (a)(1)(B)(i)-(iii). This subdivision (a)(1)(B) does not prohibit the actual payment or receipt of payment for expenses or costs after those periods that were actually incurred during those periods. (2) Sell or surrender a child to another person for money or anything of value; and it is unlawful for any person to receive such minor child for such payment of money or thing of value; provided, that nothing herein shall be construed as prohibiting any person who is contemplating adopting a child not yet born or surrendered or for whom a parental consent may be given from payment of the expenses set forth in subdivision (a)(1)(B); (3) Having the rights and duties of a parent or guardian with respect to the care and custody of a minor child, assign or transfer such parental or guardianship rights for the purpose of, incidental to, or otherwise connected with, selling or offering to sell such rights and duties for money or anything of value; or (4) Assist in the commission of any acts prohibited in subdivision (a)(1), (a)(2), or (a)(3).
(1) (A) Charge or receive from or on behalf of any person or persons legally adopting or accepting a child for adoption any remuneration, fee, contribution, or thing of value whatsoever for rendering any service described in § 36-1-108 in connection with the placement of such child for adoption or in connection with the placement of such child for foster care or adoption with one other than the child's parent or parents other than that now or hereafter allowed by law; (B) (i) This section does not prohibit the payment by an interested person of reasonable charges or fees for: (a) Hospital or medical services for the birth of the child; (b) Medical care and other reasonable birth-related expenses for the mother or child; (c) Counseling fees for the parents or prospective adoptive parents or child; (d) Legal services or the reasonable costs of legal proceedings related to the adoption of any child; or (e) Actual expenses for housing, food, maternity clothing, child's clothing, utilities, or transportation for a reasonable period not to exceed the duration of the pregnancy and ninety (90) days after the birth, surrender, or parental consent to the adoption of the child. (ii) Upon a motion filed by the prospective adoptive parents, a court with jurisdiction for the surrender or adoption of a child may specifically approve in a written order, based upon a detailed affidavit by a birth mother and other evidence as required by the court, any expenses specifically allowed in this section for a period before or after the periods in subdivision (a)(1)(B)(i). (iii) Expenses must be incurred directly in connection with: (a) Maternity, birth, or placement of the child for adoption; (b) Legal services or costs of legal proceedings directly related to the adoption of the child; or (c) Counseling, which may occur in person or by virtual means, for a period of up to two (2) years for the parent who surrenders the child or consents to the adoption of the child. (iv) Reasonable, actual expenses for housing, food, maternity clothing, child's clothing, utilities, or transportation do not include expenses incurred prior to the birth mother becoming pregnant and entering into an adoption plan. These expenses must, whenever possible, be documented by receipts, invoices, rental agreements, or other written verification of expense, and must be reviewed by the court before which the birth mother surrenders or consents to adoption. If documentation is not otherwise available, then the birth mother and prospective adoptive parents shall execute an itemized affidavit stating the specific reason for each payment, the amount paid, the date paid, and to whom each payment was made. (v) The payment for the expenses may only be for expenses or costs actually incurred during the periods permitted in subdivisions (a)(1)(B)(i)-(iii). This subdivision (a)(1)(B) does not prohibit the actual payment or receipt of payment for expenses or costs after those periods that were actually incurred during those periods.
(A) Charge or receive from or on behalf of any person or persons legally adopting or accepting a child for adoption any remuneration, fee, contribution, or thing of value whatsoever for rendering any service described in § 36-1-108 in connection with the placement of such child for adoption or in connection with the placement of such child for foster care or adoption with one other than the child's parent or parents other than that now or hereafter allowed by law;
(B) (i) This section does not prohibit the payment by an interested person of reasonable charges or fees for: (a) Hospital or medical services for the birth of the child; (b) Medical care and other reasonable birth-related expenses for the mother or child; (c) Counseling fees for the parents or prospective adoptive parents or child; (d) Legal services or the reasonable costs of legal proceedings related to the adoption of any child; or (e) Actual expenses for housing, food, maternity clothing, child's clothing, utilities, or transportation for a reasonable period not to exceed the duration of the pregnancy and ninety (90) days after the birth, surrender, or parental consent to the adoption of the child. (ii) Upon a motion filed by the prospective adoptive parents, a court with jurisdiction for the surrender or adoption of a child may specifically approve in a written order, based upon a detailed affidavit by a birth mother and other evidence as required by the court, any expenses specifically allowed in this section for a period before or after the periods in subdivision (a)(1)(B)(i). (iii) Expenses must be incurred directly in connection with: (a) Maternity, birth, or placement of the child for adoption; (b) Legal services or costs of legal proceedings directly related to the adoption of the child; or (c) Counseling, which may occur in person or by virtual means, for a period of up to two (2) years for the parent who surrenders the child or consents to the adoption of the child. (iv) Reasonable, actual expenses for housing, food, maternity clothing, child's clothing, utilities, or transportation do not include expenses incurred prior to the birth mother becoming pregnant and entering into an adoption plan. These expenses must, whenever possible, be documented by receipts, invoices, rental agreements, or other written verification of expense, and must be reviewed by the court before which the birth mother surrenders or consents to adoption. If documentation is not otherwise available, then the birth mother and prospective adoptive parents shall execute an itemized affidavit stating the specific reason for each payment, the amount paid, the date paid, and to whom each payment was made. (v) The payment for the expenses may only be for expenses or costs actually incurred during the periods permitted in subdivisions (a)(1)(B)(i)-(iii). This subdivision (a)(1)(B) does not prohibit the actual payment or receipt of payment for expenses or costs after those periods that were actually incurred during those periods.
(i) This section does not prohibit the payment by an interested person of reasonable charges or fees for: (a) Hospital or medical services for the birth of the child; (b) Medical care and other reasonable birth-related expenses for the mother or child; (c) Counseling fees for the parents or prospective adoptive parents or child; (d) Legal services or the reasonable costs of legal proceedings related to the adoption of any child; or (e) Actual expenses for housing, food, maternity clothing, child's clothing, utilities, or transportation for a reasonable period not to exceed the duration of the pregnancy and ninety (90) days after the birth, surrender, or parental consent to the adoption of the child.
(a) Hospital or medical services for the birth of the child;
(b) Medical care and other reasonable birth-related expenses for the mother or child;
(c) Counseling fees for the parents or prospective adoptive parents or child;
(d) Legal services or the reasonable costs of legal proceedings related to the adoption of any child; or
(e) Actual expenses for housing, food, maternity clothing, child's clothing, utilities, or transportation for a reasonable period not to exceed the duration of the pregnancy and ninety (90) days after the birth, surrender, or parental consent to the adoption of the child.
(ii) Upon a motion filed by the prospective adoptive parents, a court with jurisdiction for the surrender or adoption of a child may specifically approve in a written order, based upon a detailed affidavit by a birth mother and other evidence as required by the court, any expenses specifically allowed in this section for a period before or after the periods in subdivision (a)(1)(B)(i).
(iii) Expenses must be incurred directly in connection with: (a) Maternity, birth, or placement of the child for adoption; (b) Legal services or costs of legal proceedings directly related to the adoption of the child; or (c) Counseling, which may occur in person or by virtual means, for a period of up to two (2) years for the parent who surrenders the child or consents to the adoption of the child.
(a) Maternity, birth, or placement of the child for adoption;
(b) Legal services or costs of legal proceedings directly related to the adoption of the child; or
(c) Counseling, which may occur in person or by virtual means, for a period of up to two (2) years for the parent who surrenders the child or consents to the adoption of the child.
(iv) Reasonable, actual expenses for housing, food, maternity clothing, child's clothing, utilities, or transportation do not include expenses incurred prior to the birth mother becoming pregnant and entering into an adoption plan. These expenses must, whenever possible, be documented by receipts, invoices, rental agreements, or other written verification of expense, and must be reviewed by the court before which the birth mother surrenders or consents to adoption. If documentation is not otherwise available, then the birth mother and prospective adoptive parents shall execute an itemized affidavit stating the specific reason for each payment, the amount paid, the date paid, and to whom each payment was made.
(v) The payment for the expenses may only be for expenses or costs actually incurred during the periods permitted in subdivisions (a)(1)(B)(i)-(iii). This subdivision (a)(1)(B) does not prohibit the actual payment or receipt of payment for expenses or costs after those periods that were actually incurred during those periods.
(2) Sell or surrender a child to another person for money or anything of value; and it is unlawful for any person to receive such minor child for such payment of money or thing of value; provided, that nothing herein shall be construed as prohibiting any person who is contemplating adopting a child not yet born or surrendered or for whom a parental consent may be given from payment of the expenses set forth in subdivision (a)(1)(B);
(3) Having the rights and duties of a parent or guardian with respect to the care and custody of a minor child, assign or transfer such parental or guardianship rights for the purpose of, incidental to, or otherwise connected with, selling or offering to sell such rights and duties for money or anything of value; or
(4) Assist in the commission of any acts prohibited in subdivision (a)(1), (a)(2), or (a)(3).
(b) A violation of this section is a Class C felony.
(c) Any adoption completed before March 27, 1978, shall not be affected by this section.
Amended by 2024 Tenn. Acts, ch. 996,s 6, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 263, s 1, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 187, s 2, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 187, s 1, eff. 7/1/2023.
Acts 1978, ch. 704, § 2; T.C.A., § 36-136; Acts 1992, ch. 1019, § 1; T.C.A., § 36-1-135 ; Acts 1995, ch. 532, § 1; 1996, ch. 1054, § 19; 2003 , ch. 231, § 6.
Tenn. Code Ann. § 36-7-401 — TN Code / Title 36 / Chapter 7 / Section 36-7-401
Termination of temporary order providing for modification of child custody decree
Status: in_force

A temporary order entered under this chapter providing for a modification of a child custody decree shall terminate at the end of the deployment and shall revert back to the previous custody order. Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
A temporary order entered under this chapter providing for a modification of a child custody decree shall terminate at the end of the deployment and shall revert back to the previous custody order.
Added by 2014 Tenn. Acts, ch. 798,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 36-3-622 — TN Code / Title 36 / Chapter 3 / Section 36-3-622
Out-of-state protection orders
Status: in_force

(a) Any valid protection order related to abuse, domestic abuse, or domestic or family violence, issued by a court of another state, tribe or territory shall be afforded full faith and credit by the courts of this state and enforced as if it were issued in this state. (b) (1) A protection order issued by a state, tribal or territorial court related to abuse, domestic abuse or domestic or family violence shall be deemed valid if the issuing court has jurisdiction over the parties and matter under the law of the issuing state, tribe or territory. There shall be a presumption in favor of validity where an order appears authentic on its face. (2) For a foreign protection order to be valid in this state, the respondent must have been given reasonable notice and the opportunity to be heard before the order of the foreign state, tribe or territory was issued; provided, that in the case of ex parte orders, notice and opportunity to be heard must have been given as soon as possible after the order was issued, consistent with due process. (3) Failure to provide reasonable notice and the opportunity to be heard shall be an affirmative defense to any charge or process filed seeking enforcement of a foreign protection order. (c) A petitioner may present a certified copy of a foreign order of protection to a court having jurisdiction of orders of protection in the county in which the petitioner believes enforcement may be necessary. The clerk of such court shall receive the certified copies of any foreign order of protection and any supporting documents used to show the validity of such order and shall maintain such orders, along with any submitted documents. No costs, fees or taxes shall be charged by the clerks for this service. If an enforcement action is instituted in the court pursuant to any such order, the clerk shall file the order and shall otherwise treat the enforcement action as a case, except that all court costs, fees and litigation taxes shall be taxed by the judge at the adjudication of the enforcement action. It shall be a defense to any action taken for the enforcement of such order that the order is not valid as provided in subsection (b) or (d). No person shall present a foreign order of protection to a clerk that the person knows to no longer be in effect. A foreign order of protection shall continue in effect for the period of time specified in the order, and, if no time limitation is so specified, then the order shall continue in effect for a period of one (1) year from the date on which it is first presented to a Tennessee court pursuant to subsection (c); provided, that a continuation of any such order may be granted by the court subject to the requirements set forth in § 36-3-605 . (d) A protection order entered against both the petitioner and respondent shall not be enforceable against the petitioner in a foreign jurisdiction unless: (1) The respondent filed a cross- or counter-petition, or a complaint or other written pleading was filed seeking such a protection order; and (2) The issuing court made specific findings of domestic or family violence against the petitioner. (e) The clerk shall be under no obligation to make a determination as to the validity of such orders or documentation, but shall forward a copy of the foreign protection order and any supporting documentation filed with the order to the local police or sheriff's office, as provided for in § 36-3-609 . (f) Upon request, the clerk shall provide a copy of the order to the person offering the same showing proof of receipt by the clerk's office. (g) Regardless of whether a foreign order of protection has been filed in this state pursuant to this section, a law enforcement officer may rely upon a copy of any such protection order that has been provided to the officer by any source and may also rely upon the statement of any person protected by a foreign order that the order remains in effect. A law enforcement officer acting in good faith shall be immune from civil and criminal liability in any action in connection with a court's finding that the foreign order was for any reason not enforceable. Acts 1997, ch. 250, § 1; 2011, ch. 39, §§ 2, 3.
(a) Any valid protection order related to abuse, domestic abuse, or domestic or family violence, issued by a court of another state, tribe or territory shall be afforded full faith and credit by the courts of this state and enforced as if it were issued in this state.
(b) (1) A protection order issued by a state, tribal or territorial court related to abuse, domestic abuse or domestic or family violence shall be deemed valid if the issuing court has jurisdiction over the parties and matter under the law of the issuing state, tribe or territory. There shall be a presumption in favor of validity where an order appears authentic on its face. (2) For a foreign protection order to be valid in this state, the respondent must have been given reasonable notice and the opportunity to be heard before the order of the foreign state, tribe or territory was issued; provided, that in the case of ex parte orders, notice and opportunity to be heard must have been given as soon as possible after the order was issued, consistent with due process. (3) Failure to provide reasonable notice and the opportunity to be heard shall be an affirmative defense to any charge or process filed seeking enforcement of a foreign protection order.
(1) A protection order issued by a state, tribal or territorial court related to abuse, domestic abuse or domestic or family violence shall be deemed valid if the issuing court has jurisdiction over the parties and matter under the law of the issuing state, tribe or territory. There shall be a presumption in favor of validity where an order appears authentic on its face.
(2) For a foreign protection order to be valid in this state, the respondent must have been given reasonable notice and the opportunity to be heard before the order of the foreign state, tribe or territory was issued; provided, that in the case of ex parte orders, notice and opportunity to be heard must have been given as soon as possible after the order was issued, consistent with due process.
(3) Failure to provide reasonable notice and the opportunity to be heard shall be an affirmative defense to any charge or process filed seeking enforcement of a foreign protection order.
(c) A petitioner may present a certified copy of a foreign order of protection to a court having jurisdiction of orders of protection in the county in which the petitioner believes enforcement may be necessary. The clerk of such court shall receive the certified copies of any foreign order of protection and any supporting documents used to show the validity of such order and shall maintain such orders, along with any submitted documents. No costs, fees or taxes shall be charged by the clerks for this service. If an enforcement action is instituted in the court pursuant to any such order, the clerk shall file the order and shall otherwise treat the enforcement action as a case, except that all court costs, fees and litigation taxes shall be taxed by the judge at the adjudication of the enforcement action. It shall be a defense to any action taken for the enforcement of such order that the order is not valid as provided in subsection (b) or (d). No person shall present a foreign order of protection to a clerk that the person knows to no longer be in effect. A foreign order of protection shall continue in effect for the period of time specified in the order, and, if no time limitation is so specified, then the order shall continue in effect for a period of one (1) year from the date on which it is first presented to a Tennessee court pursuant to subsection (c); provided, that a continuation of any such order may be granted by the court subject to the requirements set forth in § 36-3-605 .
(d) A protection order entered against both the petitioner and respondent shall not be enforceable against the petitioner in a foreign jurisdiction unless: (1) The respondent filed a cross- or counter-petition, or a complaint or other written pleading was filed seeking such a protection order; and (2) The issuing court made specific findings of domestic or family violence against the petitioner.
(1) The respondent filed a cross- or counter-petition, or a complaint or other written pleading was filed seeking such a protection order; and
(2) The issuing court made specific findings of domestic or family violence against the petitioner.
(e) The clerk shall be under no obligation to make a determination as to the validity of such orders or documentation, but shall forward a copy of the foreign protection order and any supporting documentation filed with the order to the local police or sheriff's office, as provided for in § 36-3-609 .
(f) Upon request, the clerk shall provide a copy of the order to the person offering the same showing proof of receipt by the clerk's office.
(g) Regardless of whether a foreign order of protection has been filed in this state pursuant to this section, a law enforcement officer may rely upon a copy of any such protection order that has been provided to the officer by any source and may also rely upon the statement of any person protected by a foreign order that the order remains in effect. A law enforcement officer acting in good faith shall be immune from civil and criminal liability in any action in connection with a court's finding that the foreign order was for any reason not enforceable.
Acts 1997, ch. 250, § 1; 2011, ch. 39, §§ 2, 3.
Tenn. Code Ann. § 36-5-1002 — TN Code / Title 36 / Chapter 5 / Section 36-5-1002
Scope of administrative review
Status: in_force

(a) Notwithstanding any other law to the contrary, the scope of administrative review of the orders at the administrative hearing provided by § 36-5-1001 shall be limited to a determination of the correct identity of the person or persons or entity or entities to whom or to which the administrative action is directed, to whether there is a mistake of fact involving the action, and, is further limited to the following specific issues set forth in the following subdivisions: (1) An administrative subpoena for records or request for information or records, pursuant to part 8 of this chapter, shall be modified or overturned by the hearing officer only upon a showing by clear and convincing evidence of arbitrary or capricious action in the issuance of the administrative subpoena or request, or if there is clear and convincing evidence that the best interests of the child or the child's caretaker would be jeopardized by the execution of the administrative subpoena or request, or if there is clear and convincing evidence that compliance with the request or administrative subpoena would constitute a clear violation of law; (2) Review of administrative orders for parentage tests pursuant to § 36-5-802 shall be limited to a determination of whether the department's order was arbitrary or capricious; (3) Review of administrative orders pursuant to § 36-5-803 to redirect child support is limited to whether the case upon which the redirection order has been issued is a Title IV-D case; (4) Review of administrative orders pursuant to § 36-5-804 to direct additional payments of child support shall be limited to a determination of whether the order is a reasonable amount that would eliminate the arrearage within a reasonable amount of time; (5) Review of income assignment orders pursuant to § 36-5-501 is limited to: (A) For the issuance of the initial order or income assignment: (i) The correct identity of the individual subject to the order; and (ii) A mistake of fact; (B) For the issuance of an income assignment due to a delinquency pursuant to § 36-5-501(b)(1)(B) or (D) : (i) The amount of support not paid; or (ii) The timeliness of the support paid; (C) For the addition of an amount ordered pursuant to § 36-5-501(b)(1)(C) to satisfy accumulated arrears, if the court has not already determined the amount of arrears, the reasonableness of the amount ordered paid on the arrears and, in the case of accumulated arrears, the period of time over which support is ordered to be paid; (D) For the addition of an amount ordered pursuant to § 36-5-501(b)(1)(C) for medical support, if the court has not already determined the amount of medical support, the reasonableness of the amount of medical support ordered; and (E) For termination of an income assignment, that the conditions of § 36-5-503 have been met; (6) Review of enrollment of a child for health insurance coverage in employer-based health coverage pursuant to § 36-5-501(a)(3) following issuance of an order to require the noncustodial parent to provide such coverage shall be limited to a mistake of fact; (7) Review of the adjustment of child support orders pursuant to § 36-5-103 shall be limited to a determination of the appropriate application of the methods of adjustment of the order of support pursuant to § 36-5-103 that have been utilized by the department based on the income of the parties and based upon any circumstances which should permit deviation from the amount and that is justified by the application of those methods; (8) (A) Review of the enforcement by administrative orders of liens for child support pursuant to part 9 of this chapter shall be limited to: (i) The correct amount of the obligation; (ii) The extent of the obligor's interest in the assets; and (iii) Whether good cause exists not to seize, sell, distribute or otherwise dispose of all or a part of such assets; (B) Upon review pursuant to the standards of subdivision (8)(A), the hearing officer may direct that there is a mistake as to the identity or interest of the person whose assets have been seized and dismiss the order, or may direct that all or only a portion of the assets be disposed of, or that there be some other order for the disposition of the assets of the obligor in order to satisfy the child support arrearage; (C) The department's hearing officer or the reviewing court may grant any relief of preliminary or temporary nature relative to the obligor's assets as may be appropriate under the circumstances pending the entry of the final order; (9) Review of income tax refund intercepts shall be conducted pursuant to the department's existing rules or as they may be further amended; (10) Review of reports of credit status shall be limited to the extent of the amount of current support and amount of arrears to be reported to the credit bureau; (11) (A) Administrative review of the distribution of collections shall not be conducted until such time as the party seeking redress has contacted the customer service unit in the department's state office for a conciliation process in which the customer service unit shall have thirty (30) days to resolve the issues. If the issues have not been resolved within thirty (30) days of the initiation of such effort, the customer service unit shall notify the person who sought conciliation and the person shall have the right to seek administrative review pursuant to this part; (B) Review of distribution actions of the department shall be limited to a determination of the adequacy of efforts to resolve the issues pursuant to subdivision (11)(A) and the amount of support that is properly credited to the appellant; (12) Review of an administrative order for payment of an overdue child support obligation made pursuant to §§ 36-2-322 , 36-5-113 and 37-1-151(e) shall be limited to a determination of whether the order is a reasonable amount that would eliminate the arrearage within a reasonable period of time; or, for orders pursuant to §§ 36-2-322 , 36-5-113 and 37-1-151(e) that direct the individual to engage in work activities as set forth in § 71-3-104 , the appeal shall be limited to a determination of whether there is good cause to excuse the person's participation in those activities. "Good cause" for the work activities determination shall be limited to the availability to the individual of the ordered activities, or the individual's capability to participate in those activities due to disability or other circumstances effectively preventing the individual's participation; (13) The appeal of an order to determine continuing exclusive jurisdiction pursuant to § 36-5-816 shall be limited to the correct application of the procedures for such determination pursuant to parts 20-29 of this chapter; and (14) Review of a civil penalty for failure to comply with § 36-5-120 shall be limited to whether there is good cause for failure to comply with that section. (b) The hearing officer may not forgive any support arrearages upon review of any of the department's administrative orders. (c) (1) The record of child or spousal support as certified by the clerk of the court or as shown by the department's child support computer system shall be admissible without further foundation testimony and shall constitute a rebuttable presumption as to the amount of support that is in arrears and that is owed by the obligor in any review pursuant to this part. "Spousal support," as used in this part, means a legally enforceable obligation assessed against an individual for the support of a spouse or former spouse who is living with a child or children for whom the individual also owes support. (2) If submitted to the opposing party ten (10) days prior to the administrative hearing, the affidavit of a keeper or custodian of any other records, including, but not limited to, the records of any financial institution or the department of human services or any other government or private entity, concerning any matter before the hearing officer shall be admitted by the hearing officer unless an objection thereto is submitted five (5) days prior to the hearing. If an objection is filed and is upheld by the hearing officer, the hearing officer shall continue the case to permit the taking of any further testimony that may be necessary to resolve the issues. (3) In order to expedite the review of these matters, the hearing officer shall have discretion to take testimony of any party or witness by telephone or video or other electronic technology, and documents may, in the hearing officer's discretion, be submitted by facsimile transmission or by any other electronic technology. Acts 1997, ch. 551, § 16; 1998, ch. 1098, §§ 41 - 43; 2000, ch. 922, §§ 26, 27, 40; 2001, ch. 447, §§ 7, 8.
(a) Notwithstanding any other law to the contrary, the scope of administrative review of the orders at the administrative hearing provided by § 36-5-1001 shall be limited to a determination of the correct identity of the person or persons or entity or entities to whom or to which the administrative action is directed, to whether there is a mistake of fact involving the action, and, is further limited to the following specific issues set forth in the following subdivisions: (1) An administrative subpoena for records or request for information or records, pursuant to part 8 of this chapter, shall be modified or overturned by the hearing officer only upon a showing by clear and convincing evidence of arbitrary or capricious action in the issuance of the administrative subpoena or request, or if there is clear and convincing evidence that the best interests of the child or the child's caretaker would be jeopardized by the execution of the administrative subpoena or request, or if there is clear and convincing evidence that compliance with the request or administrative subpoena would constitute a clear violation of law; (2) Review of administrative orders for parentage tests pursuant to § 36-5-802 shall be limited to a determination of whether the department's order was arbitrary or capricious; (3) Review of administrative orders pursuant to § 36-5-803 to redirect child support is limited to whether the case upon which the redirection order has been issued is a Title IV-D case; (4) Review of administrative orders pursuant to § 36-5-804 to direct additional payments of child support shall be limited to a determination of whether the order is a reasonable amount that would eliminate the arrearage within a reasonable amount of time; (5) Review of income assignment orders pursuant to § 36-5-501 is limited to: (A) For the issuance of the initial order or income assignment: (i) The correct identity of the individual subject to the order; and (ii) A mistake of fact; (B) For the issuance of an income assignment due to a delinquency pursuant to § 36-5-501(b)(1)(B) or (D) : (i) The amount of support not paid; or (ii) The timeliness of the support paid; (C) For the addition of an amount ordered pursuant to § 36-5-501(b)(1)(C) to satisfy accumulated arrears, if the court has not already determined the amount of arrears, the reasonableness of the amount ordered paid on the arrears and, in the case of accumulated arrears, the period of time over which support is ordered to be paid; (D) For the addition of an amount ordered pursuant to § 36-5-501(b)(1)(C) for medical support, if the court has not already determined the amount of medical support, the reasonableness of the amount of medical support ordered; and (E) For termination of an income assignment, that the conditions of § 36-5-503 have been met; (6) Review of enrollment of a child for health insurance coverage in employer-based health coverage pursuant to § 36-5-501(a)(3) following issuance of an order to require the noncustodial parent to provide such coverage shall be limited to a mistake of fact; (7) Review of the adjustment of child support orders pursuant to § 36-5-103 shall be limited to a determination of the appropriate application of the methods of adjustment of the order of support pursuant to § 36-5-103 that have been utilized by the department based on the income of the parties and based upon any circumstances which should permit deviation from the amount and that is justified by the application of those methods; (8) (A) Review of the enforcement by administrative orders of liens for child support pursuant to part 9 of this chapter shall be limited to: (i) The correct amount of the obligation; (ii) The extent of the obligor's interest in the assets; and (iii) Whether good cause exists not to seize, sell, distribute or otherwise dispose of all or a part of such assets; (B) Upon review pursuant to the standards of subdivision (8)(A), the hearing officer may direct that there is a mistake as to the identity or interest of the person whose assets have been seized and dismiss the order, or may direct that all or only a portion of the assets be disposed of, or that there be some other order for the disposition of the assets of the obligor in order to satisfy the child support arrearage; (C) The department's hearing officer or the reviewing court may grant any relief of preliminary or temporary nature relative to the obligor's assets as may be appropriate under the circumstances pending the entry of the final order; (9) Review of income tax refund intercepts shall be conducted pursuant to the department's existing rules or as they may be further amended; (10) Review of reports of credit status shall be limited to the extent of the amount of current support and amount of arrears to be reported to the credit bureau; (11) (A) Administrative review of the distribution of collections shall not be conducted until such time as the party seeking redress has contacted the customer service unit in the department's state office for a conciliation process in which the customer service unit shall have thirty (30) days to resolve the issues. If the issues have not been resolved within thirty (30) days of the initiation of such effort, the customer service unit shall notify the person who sought conciliation and the person shall have the right to seek administrative review pursuant to this part; (B) Review of distribution actions of the department shall be limited to a determination of the adequacy of efforts to resolve the issues pursuant to subdivision (11)(A) and the amount of support that is properly credited to the appellant; (12) Review of an administrative order for payment of an overdue child support obligation made pursuant to §§ 36-2-322 , 36-5-113 and 37-1-151(e) shall be limited to a determination of whether the order is a reasonable amount that would eliminate the arrearage within a reasonable period of time; or, for orders pursuant to §§ 36-2-322 , 36-5-113 and 37-1-151(e) that direct the individual to engage in work activities as set forth in § 71-3-104 , the appeal shall be limited to a determination of whether there is good cause to excuse the person's participation in those activities. "Good cause" for the work activities determination shall be limited to the availability to the individual of the ordered activities, or the individual's capability to participate in those activities due to disability or other circumstances effectively preventing the individual's participation; (13) The appeal of an order to determine continuing exclusive jurisdiction pursuant to § 36-5-816 shall be limited to the correct application of the procedures for such determination pursuant to parts 20-29 of this chapter; and (14) Review of a civil penalty for failure to comply with § 36-5-120 shall be limited to whether there is good cause for failure to comply with that section.
(1) An administrative subpoena for records or request for information or records, pursuant to part 8 of this chapter, shall be modified or overturned by the hearing officer only upon a showing by clear and convincing evidence of arbitrary or capricious action in the issuance of the administrative subpoena or request, or if there is clear and convincing evidence that the best interests of the child or the child's caretaker would be jeopardized by the execution of the administrative subpoena or request, or if there is clear and convincing evidence that compliance with the request or administrative subpoena would constitute a clear violation of law;
(2) Review of administrative orders for parentage tests pursuant to § 36-5-802 shall be limited to a determination of whether the department's order was arbitrary or capricious;
(3) Review of administrative orders pursuant to § 36-5-803 to redirect child support is limited to whether the case upon which the redirection order has been issued is a Title IV-D case;
(4) Review of administrative orders pursuant to § 36-5-804 to direct additional payments of child support shall be limited to a determination of whether the order is a reasonable amount that would eliminate the arrearage within a reasonable amount of time;
(5) Review of income assignment orders pursuant to § 36-5-501 is limited to: (A) For the issuance of the initial order or income assignment: (i) The correct identity of the individual subject to the order; and (ii) A mistake of fact; (B) For the issuance of an income assignment due to a delinquency pursuant to § 36-5-501(b)(1)(B) or (D) : (i) The amount of support not paid; or (ii) The timeliness of the support paid; (C) For the addition of an amount ordered pursuant to § 36-5-501(b)(1)(C) to satisfy accumulated arrears, if the court has not already determined the amount of arrears, the reasonableness of the amount ordered paid on the arrears and, in the case of accumulated arrears, the period of time over which support is ordered to be paid; (D) For the addition of an amount ordered pursuant to § 36-5-501(b)(1)(C) for medical support, if the court has not already determined the amount of medical support, the reasonableness of the amount of medical support ordered; and (E) For termination of an income assignment, that the conditions of § 36-5-503 have been met;
(A) For the issuance of the initial order or income assignment: (i) The correct identity of the individual subject to the order; and (ii) A mistake of fact;
(i) The correct identity of the individual subject to the order; and
(ii) A mistake of fact;
(B) For the issuance of an income assignment due to a delinquency pursuant to § 36-5-501(b)(1)(B) or (D) : (i) The amount of support not paid; or (ii) The timeliness of the support paid;
(i) The amount of support not paid; or
(ii) The timeliness of the support paid;
(C) For the addition of an amount ordered pursuant to § 36-5-501(b)(1)(C) to satisfy accumulated arrears, if the court has not already determined the amount of arrears, the reasonableness of the amount ordered paid on the arrears and, in the case of accumulated arrears, the period of time over which support is ordered to be paid;
(D) For the addition of an amount ordered pursuant to § 36-5-501(b)(1)(C) for medical support, if the court has not already determined the amount of medical support, the reasonableness of the amount of medical support ordered; and
(E) For termination of an income assignment, that the conditions of § 36-5-503 have been met;
(6) Review of enrollment of a child for health insurance coverage in employer-based health coverage pursuant to § 36-5-501(a)(3) following issuance of an order to require the noncustodial parent to provide such coverage shall be limited to a mistake of fact;
(7) Review of the adjustment of child support orders pursuant to § 36-5-103 shall be limited to a determination of the appropriate application of the methods of adjustment of the order of support pursuant to § 36-5-103 that have been utilized by the department based on the income of the parties and based upon any circumstances which should permit deviation from the amount and that is justified by the application of those methods;
(8) (A) Review of the enforcement by administrative orders of liens for child support pursuant to part 9 of this chapter shall be limited to: (i) The correct amount of the obligation; (ii) The extent of the obligor's interest in the assets; and (iii) Whether good cause exists not to seize, sell, distribute or otherwise dispose of all or a part of such assets; (B) Upon review pursuant to the standards of subdivision (8)(A), the hearing officer may direct that there is a mistake as to the identity or interest of the person whose assets have been seized and dismiss the order, or may direct that all or only a portion of the assets be disposed of, or that there be some other order for the disposition of the assets of the obligor in order to satisfy the child support arrearage; (C) The department's hearing officer or the reviewing court may grant any relief of preliminary or temporary nature relative to the obligor's assets as may be appropriate under the circumstances pending the entry of the final order;
(A) Review of the enforcement by administrative orders of liens for child support pursuant to part 9 of this chapter shall be limited to: (i) The correct amount of the obligation; (ii) The extent of the obligor's interest in the assets; and (iii) Whether good cause exists not to seize, sell, distribute or otherwise dispose of all or a part of such assets;
(i) The correct amount of the obligation;
(ii) The extent of the obligor's interest in the assets; and
(iii) Whether good cause exists not to seize, sell, distribute or otherwise dispose of all or a part of such assets;
(B) Upon review pursuant to the standards of subdivision (8)(A), the hearing officer may direct that there is a mistake as to the identity or interest of the person whose assets have been seized and dismiss the order, or may direct that all or only a portion of the assets be disposed of, or that there be some other order for the disposition of the assets of the obligor in order to satisfy the child support arrearage;
(C) The department's hearing officer or the reviewing court may grant any relief of preliminary or temporary nature relative to the obligor's assets as may be appropriate under the circumstances pending the entry of the final order;
(9) Review of income tax refund intercepts shall be conducted pursuant to the department's existing rules or as they may be further amended;
(10) Review of reports of credit status shall be limited to the extent of the amount of current support and amount of arrears to be reported to the credit bureau;
(11) (A) Administrative review of the distribution of collections shall not be conducted until such time as the party seeking redress has contacted the customer service unit in the department's state office for a conciliation process in which the customer service unit shall have thirty (30) days to resolve the issues. If the issues have not been resolved within thirty (30) days of the initiation of such effort, the customer service unit shall notify the person who sought conciliation and the person shall have the right to seek administrative review pursuant to this part; (B) Review of distribution actions of the department shall be limited to a determination of the adequacy of efforts to resolve the issues pursuant to subdivision (11)(A) and the amount of support that is properly credited to the appellant;
(A) Administrative review of the distribution of collections shall not be conducted until such time as the party seeking redress has contacted the customer service unit in the department's state office for a conciliation process in which the customer service unit shall have thirty (30) days to resolve the issues. If the issues have not been resolved within thirty (30) days of the initiation of such effort, the customer service unit shall notify the person who sought conciliation and the person shall have the right to seek administrative review pursuant to this part;
(B) Review of distribution actions of the department shall be limited to a determination of the adequacy of efforts to resolve the issues pursuant to subdivision (11)(A) and the amount of support that is properly credited to the appellant;
(12) Review of an administrative order for payment of an overdue child support obligation made pursuant to §§ 36-2-322 , 36-5-113 and 37-1-151(e) shall be limited to a determination of whether the order is a reasonable amount that would eliminate the arrearage within a reasonable period of time; or, for orders pursuant to §§ 36-2-322 , 36-5-113 and 37-1-151(e) that direct the individual to engage in work activities as set forth in § 71-3-104 , the appeal shall be limited to a determination of whether there is good cause to excuse the person's participation in those activities. "Good cause" for the work activities determination shall be limited to the availability to the individual of the ordered activities, or the individual's capability to participate in those activities due to disability or other circumstances effectively preventing the individual's participation;
(13) The appeal of an order to determine continuing exclusive jurisdiction pursuant to § 36-5-816 shall be limited to the correct application of the procedures for such determination pursuant to parts 20-29 of this chapter; and
(14) Review of a civil penalty for failure to comply with § 36-5-120 shall be limited to whether there is good cause for failure to comply with that section.
(b) The hearing officer may not forgive any support arrearages upon review of any of the department's administrative orders.
(c) (1) The record of child or spousal support as certified by the clerk of the court or as shown by the department's child support computer system shall be admissible without further foundation testimony and shall constitute a rebuttable presumption as to the amount of support that is in arrears and that is owed by the obligor in any review pursuant to this part. "Spousal support," as used in this part, means a legally enforceable obligation assessed against an individual for the support of a spouse or former spouse who is living with a child or children for whom the individual also owes support. (2) If submitted to the opposing party ten (10) days prior to the administrative hearing, the affidavit of a keeper or custodian of any other records, including, but not limited to, the records of any financial institution or the department of human services or any other government or private entity, concerning any matter before the hearing officer shall be admitted by the hearing officer unless an objection thereto is submitted five (5) days prior to the hearing. If an objection is filed and is upheld by the hearing officer, the hearing officer shall continue the case to permit the taking of any further testimony that may be necessary to resolve the issues. (3) In order to expedite the review of these matters, the hearing officer shall have discretion to take testimony of any party or witness by telephone or video or other electronic technology, and documents may, in the hearing officer's discretion, be submitted by facsimile transmission or by any other electronic technology.
(1) The record of child or spousal support as certified by the clerk of the court or as shown by the department's child support computer system shall be admissible without further foundation testimony and shall constitute a rebuttable presumption as to the amount of support that is in arrears and that is owed by the obligor in any review pursuant to this part. "Spousal support," as used in this part, means a legally enforceable obligation assessed against an individual for the support of a spouse or former spouse who is living with a child or children for whom the individual also owes support.
(2) If submitted to the opposing party ten (10) days prior to the administrative hearing, the affidavit of a keeper or custodian of any other records, including, but not limited to, the records of any financial institution or the department of human services or any other government or private entity, concerning any matter before the hearing officer shall be admitted by the hearing officer unless an objection thereto is submitted five (5) days prior to the hearing. If an objection is filed and is upheld by the hearing officer, the hearing officer shall continue the case to permit the taking of any further testimony that may be necessary to resolve the issues.
(3) In order to expedite the review of these matters, the hearing officer shall have discretion to take testimony of any party or witness by telephone or video or other electronic technology, and documents may, in the hearing officer's discretion, be submitted by facsimile transmission or by any other electronic technology.
Acts 1997, ch. 551, § 16; 1998, ch. 1098, §§ 41 - 43; 2000, ch. 922, §§ 26, 27, 40; 2001, ch. 447, §§ 7, 8.
Tenn. Code Ann. § 36-4-105 — TN Code / Title 36 / Chapter 4 / Section 36-4-105
Venue
Status: in_force

(a) The bill or petition may be filed in the proper name of the complainant, in the chancery or circuit court or other court having divorce jurisdiction, in the county where the parties reside at the time of their separation, or in which the defendant resides, if a resident of the state; but if the defendant is a nonresident of the state or a convict, then in the county where the applicant resides. (b) Any divorce granted prior to May 4, 1967, will not be deemed void solely on the ground that the parties to the divorce action were residents of a county or counties other than the county in which the divorce decree was entered. Code 1858, § 2451 (deriv. Acts 1835-1836, ch. 26, §3); Acts 1859-1860, ch. 88; Shan., § 4204; Code 1932, § 8429; Acts 1961, ch. 180, §1; 1963, ch. 153, § 1; 1967, ch. 185, § 1; 1971, ch. 363, §2; T.C.A. (orig. ed.), § 36-804.
(a) The bill or petition may be filed in the proper name of the complainant, in the chancery or circuit court or other court having divorce jurisdiction, in the county where the parties reside at the time of their separation, or in which the defendant resides, if a resident of the state; but if the defendant is a nonresident of the state or a convict, then in the county where the applicant resides.
(b) Any divorce granted prior to May 4, 1967, will not be deemed void solely on the ground that the parties to the divorce action were residents of a county or counties other than the county in which the divorce decree was entered.
Code 1858, § 2451 (deriv. Acts 1835-1836, ch. 26, §3); Acts 1859-1860, ch. 88; Shan., § 4204; Code 1932, § 8429; Acts 1961, ch. 180, §1; 1963, ch. 153, § 1; 1967, ch. 185, § 1; 1971, ch. 363, §2; T.C.A. (orig. ed.), § 36-804.
Tenn. Code Ann. § 36-3-624 — TN Code / Title 36 / Chapter 3 / Section 36-3-624
Death review teams established - Protocol - Composition of teams - Disclosure of communications - Authority to subpoena
Status: in_force

(a) A county may establish an interagency domestic abuse death review team to assist local agencies in identifying and reviewing domestic abuse deaths, including homicides and suicides, and facilitating communication among the various agencies involved in domestic abuse cases. (b) For purposes of this section, "domestic abuse" has the meaning set forth in § 36-3-601 . (c) A county may develop a protocol that may be used as a guideline to assist coroners and other persons who perform autopsies on domestic abuse victims in the identification of domestic abuse, in the determination of whether domestic abuse contributed to death or whether domestic abuse had occurred prior to death but was not the actual cause of death, and in the proper written reporting procedures for domestic abuse, including the designation of the cause and mode of death. (d) County domestic abuse death review teams may be comprised of, but not limited to, the following: (1) Experts in the field of forensic pathology; (2) Medical personnel with expertise in domestic violence abuse; (3) Coroners and medical examiners; (4) Criminologists; (5) District attorneys general and city attorneys; (6) Domestic abuse shelter staff; (7) Legal aid attorneys who represent victims of abuse; (8) A representative of the local bar association; (9) Law enforcement personnel; (10) Representatives of local agencies that are involved with domestic abuse reporting; (11) County health department staff who deal with domestic abuse victims' health issues; (12) Representatives of local child abuse agencies; and (13) Local professional associations of persons described in subdivisions (d)(1)-(10), inclusive. (e) An oral or written communication or a document shared within or produced by a domestic abuse death review team related to a domestic abuse death is confidential and not subject to disclosure or discoverable by a third party. An oral or written communication or a document provided by a third party to a domestic abuse death review team is confidential and not subject to disclosure or discoverable by a third party. Notwithstanding the foregoing, recommendations of a domestic abuse death review team upon the completion of a review may be disclosed at the discretion of a majority of the members of a domestic abuse death review team. (f) To complete a review of a domestic abuse death, whether confirmed or suspected, each domestic abuse death review team shall have access to and subpoena power to obtain all records of any nature maintained by any public or private entity that pertain to a death being investigated by the team. Such records include, but are not limited to, police investigations and reports, medical examiner investigative data and reports, and social service agency reports, as well as medical records maintained by a private health care provider or health care agency. Any entity or individual providing such information to the local team shall not be held liable for providing the information. Acts 2000, ch. 788, § 1.
(a) A county may establish an interagency domestic abuse death review team to assist local agencies in identifying and reviewing domestic abuse deaths, including homicides and suicides, and facilitating communication among the various agencies involved in domestic abuse cases.
(b) For purposes of this section, "domestic abuse" has the meaning set forth in § 36-3-601 .
(c) A county may develop a protocol that may be used as a guideline to assist coroners and other persons who perform autopsies on domestic abuse victims in the identification of domestic abuse, in the determination of whether domestic abuse contributed to death or whether domestic abuse had occurred prior to death but was not the actual cause of death, and in the proper written reporting procedures for domestic abuse, including the designation of the cause and mode of death.
(d) County domestic abuse death review teams may be comprised of, but not limited to, the following: (1) Experts in the field of forensic pathology; (2) Medical personnel with expertise in domestic violence abuse; (3) Coroners and medical examiners; (4) Criminologists; (5) District attorneys general and city attorneys; (6) Domestic abuse shelter staff; (7) Legal aid attorneys who represent victims of abuse; (8) A representative of the local bar association; (9) Law enforcement personnel; (10) Representatives of local agencies that are involved with domestic abuse reporting; (11) County health department staff who deal with domestic abuse victims' health issues; (12) Representatives of local child abuse agencies; and (13) Local professional associations of persons described in subdivisions (d)(1)-(10), inclusive.
(1) Experts in the field of forensic pathology;
(2) Medical personnel with expertise in domestic violence abuse;
(3) Coroners and medical examiners;
(4) Criminologists;
(5) District attorneys general and city attorneys;
(6) Domestic abuse shelter staff;
(7) Legal aid attorneys who represent victims of abuse;
(8) A representative of the local bar association;
(9) Law enforcement personnel;
(10) Representatives of local agencies that are involved with domestic abuse reporting;
(11) County health department staff who deal with domestic abuse victims' health issues;
(12) Representatives of local child abuse agencies; and
(13) Local professional associations of persons described in subdivisions (d)(1)-(10), inclusive.
(e) An oral or written communication or a document shared within or produced by a domestic abuse death review team related to a domestic abuse death is confidential and not subject to disclosure or discoverable by a third party. An oral or written communication or a document provided by a third party to a domestic abuse death review team is confidential and not subject to disclosure or discoverable by a third party. Notwithstanding the foregoing, recommendations of a domestic abuse death review team upon the completion of a review may be disclosed at the discretion of a majority of the members of a domestic abuse death review team.
(f) To complete a review of a domestic abuse death, whether confirmed or suspected, each domestic abuse death review team shall have access to and subpoena power to obtain all records of any nature maintained by any public or private entity that pertain to a death being investigated by the team. Such records include, but are not limited to, police investigations and reports, medical examiner investigative data and reports, and social service agency reports, as well as medical records maintained by a private health care provider or health care agency. Any entity or individual providing such information to the local team shall not be held liable for providing the information.
Acts 2000, ch. 788, § 1.
Tenn. Code Ann. § 36-5-2502 — TN Code / Title 36 / Chapter 5 / Section 36-5-2502
Employer's compliance with income-withholding order of another state
Status: in_force

(a) Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor. (b) The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state. (c) Except as otherwise provided in subsection (d) and § 36-5-2503 , the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order which specify: (1) The duration and amount of periodic payments of current child support, stated as a sum certain; (2) The person designated to receive payments and the address to which the payments are to be forwarded; (3) Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment; (4) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and (5) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain. (d) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to: (1) The employer's fee for processing an income-withholding order; (2) The maximum amount permitted to be withheld from the obligor's income; and (3) The times within which the employer must implement the withholding order and forward the child support payment. Acts 2010, ch. 901, § 1.
(a) Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.
(b) The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state.
(c) Except as otherwise provided in subsection (d) and § 36-5-2503 , the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order which specify: (1) The duration and amount of periodic payments of current child support, stated as a sum certain; (2) The person designated to receive payments and the address to which the payments are to be forwarded; (3) Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment; (4) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and (5) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.
(1) The duration and amount of periodic payments of current child support, stated as a sum certain;
(2) The person designated to receive payments and the address to which the payments are to be forwarded;
(3) Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;
(4) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and
(5) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.
(d) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to: (1) The employer's fee for processing an income-withholding order; (2) The maximum amount permitted to be withheld from the obligor's income; and (3) The times within which the employer must implement the withholding order and forward the child support payment.
(1) The employer's fee for processing an income-withholding order;
(2) The maximum amount permitted to be withheld from the obligor's income; and
(3) The times within which the employer must implement the withholding order and forward the child support payment.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-5-801 — TN Code / Title 36 / Chapter 5 / Section 36-5-801
Access to records for child support enforcement
Status: in_force

(a) (1) For the purpose of establishing paternity, or for the establishment, modification or enforcement of orders of support under the child support program established under Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.), the department of human services shall have the authority to: (A) Subpoena, by an administrative subpoena issued by the commissioner, by any authorized representative of the commissioner, or by any contractor of the department, any financial or other information needed to establish, modify, or enforce an order of support; (B) Require all entities in the state, including, but not limited to, for-profit, nonprofit and governmental employers, to provide promptly, in response to a request or administrative subpoena from the department, its Title IV-D contractor, or by the Title IV-D agency or contractor of any other state, information on the employment, compensation, and benefits of any individual employed by such entity as an employee or as a contractor; (C) Obtain upon request, or by administrative subpoena if necessary, and notwithstanding any other law to the contrary, access, including automated access if available, to the following records of any state or local agency: (i) Vital statistics, including records of voluntary acknowledgments, marriages, births, deaths and divorces; (ii) State and local tax records and revenue records, including information about the residence address, employer of any individual, and the individual's income and assets; (iii) Records of real and titled personal property; (iv) Records of occupational and professional licenses, and records concerning the ownership and control of corporations, partnerships, and other business entities; (v) Employment security records; (vi) All records of any state or local agency administering any form of public assistance; (vii) Records relating to the registration and titling of motor vehicles; (viii) Records of state, county, or municipal correctional agencies; (D) Obtain pursuant to an administrative subpoena, and notwithstanding any other law to the contrary, access to certain records held by private entities with respect to individuals who owe or are owed support or against or with respect to whom a support obligation is sought, consisting of the names and addresses of such individuals and the names and addresses of the employers of such individuals, as appearing in customer records of public utilities, including all electric, gas, telephone and water companies and cable television companies; and (E) Obtain upon request, and by administrative subpoena if necessary, and notwithstanding any other law to the contrary, information, including, but not limited to, information on assets and liabilities held by any financial institution regarding any individuals who owe, are owed or against or with respect to whom a support obligation is owed. (2) (A) Notwithstanding any other law to the contrary, the department of human services, and any of its Title IV-D child support contractors, or the Title IV-D agency of any other state or territory, or any of their Title IV-D child support contractors and any federal agency conducting activities under Title IV-D of the Social Security Act, shall have access to any information maintained by any agency of the state that maintains any system used to locate any individual for any purpose relating to registration of any motor vehicles or law enforcement activities. (B) For purposes of this subdivision (a)(2), "system" shall be defined as any automated, computerized or electronic system used by any state law enforcement agency, or any state agency that otherwise maintains any records of motor vehicles, in which any information relative to the location or address of any individual persons are maintained by such agencies. (C) The department of human services shall have rulemaking authority to prescribe the information required by this subdivision (a)(2). (b) No administrative subpoena shall issue to individuals or entities, other than the obligor or obligee, pursuant to this part without prior review and approval of the necessity for its issuance by a licensed attorney employed by the department or its contractor. (c) A request or administrative subpoena pursuant to this section may be contested by filing an appeal pursuant to part 10 of this chapter. Acts 1997 , ch. 551, § 11.
(a) (1) For the purpose of establishing paternity, or for the establishment, modification or enforcement of orders of support under the child support program established under Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.), the department of human services shall have the authority to: (A) Subpoena, by an administrative subpoena issued by the commissioner, by any authorized representative of the commissioner, or by any contractor of the department, any financial or other information needed to establish, modify, or enforce an order of support; (B) Require all entities in the state, including, but not limited to, for-profit, nonprofit and governmental employers, to provide promptly, in response to a request or administrative subpoena from the department, its Title IV-D contractor, or by the Title IV-D agency or contractor of any other state, information on the employment, compensation, and benefits of any individual employed by such entity as an employee or as a contractor; (C) Obtain upon request, or by administrative subpoena if necessary, and notwithstanding any other law to the contrary, access, including automated access if available, to the following records of any state or local agency: (i) Vital statistics, including records of voluntary acknowledgments, marriages, births, deaths and divorces; (ii) State and local tax records and revenue records, including information about the residence address, employer of any individual, and the individual's income and assets; (iii) Records of real and titled personal property; (iv) Records of occupational and professional licenses, and records concerning the ownership and control of corporations, partnerships, and other business entities; (v) Employment security records; (vi) All records of any state or local agency administering any form of public assistance; (vii) Records relating to the registration and titling of motor vehicles; (viii) Records of state, county, or municipal correctional agencies; (D) Obtain pursuant to an administrative subpoena, and notwithstanding any other law to the contrary, access to certain records held by private entities with respect to individuals who owe or are owed support or against or with respect to whom a support obligation is sought, consisting of the names and addresses of such individuals and the names and addresses of the employers of such individuals, as appearing in customer records of public utilities, including all electric, gas, telephone and water companies and cable television companies; and (E) Obtain upon request, and by administrative subpoena if necessary, and notwithstanding any other law to the contrary, information, including, but not limited to, information on assets and liabilities held by any financial institution regarding any individuals who owe, are owed or against or with respect to whom a support obligation is owed. (2) (A) Notwithstanding any other law to the contrary, the department of human services, and any of its Title IV-D child support contractors, or the Title IV-D agency of any other state or territory, or any of their Title IV-D child support contractors and any federal agency conducting activities under Title IV-D of the Social Security Act, shall have access to any information maintained by any agency of the state that maintains any system used to locate any individual for any purpose relating to registration of any motor vehicles or law enforcement activities. (B) For purposes of this subdivision (a)(2), "system" shall be defined as any automated, computerized or electronic system used by any state law enforcement agency, or any state agency that otherwise maintains any records of motor vehicles, in which any information relative to the location or address of any individual persons are maintained by such agencies. (C) The department of human services shall have rulemaking authority to prescribe the information required by this subdivision (a)(2).
(1) For the purpose of establishing paternity, or for the establishment, modification or enforcement of orders of support under the child support program established under Title IV-D of the Social Security Act ( 42 U.S.C. § 651 et seq.), the department of human services shall have the authority to: (A) Subpoena, by an administrative subpoena issued by the commissioner, by any authorized representative of the commissioner, or by any contractor of the department, any financial or other information needed to establish, modify, or enforce an order of support; (B) Require all entities in the state, including, but not limited to, for-profit, nonprofit and governmental employers, to provide promptly, in response to a request or administrative subpoena from the department, its Title IV-D contractor, or by the Title IV-D agency or contractor of any other state, information on the employment, compensation, and benefits of any individual employed by such entity as an employee or as a contractor; (C) Obtain upon request, or by administrative subpoena if necessary, and notwithstanding any other law to the contrary, access, including automated access if available, to the following records of any state or local agency: (i) Vital statistics, including records of voluntary acknowledgments, marriages, births, deaths and divorces; (ii) State and local tax records and revenue records, including information about the residence address, employer of any individual, and the individual's income and assets; (iii) Records of real and titled personal property; (iv) Records of occupational and professional licenses, and records concerning the ownership and control of corporations, partnerships, and other business entities; (v) Employment security records; (vi) All records of any state or local agency administering any form of public assistance; (vii) Records relating to the registration and titling of motor vehicles; (viii) Records of state, county, or municipal correctional agencies; (D) Obtain pursuant to an administrative subpoena, and notwithstanding any other law to the contrary, access to certain records held by private entities with respect to individuals who owe or are owed support or against or with respect to whom a support obligation is sought, consisting of the names and addresses of such individuals and the names and addresses of the employers of such individuals, as appearing in customer records of public utilities, including all electric, gas, telephone and water companies and cable television companies; and (E) Obtain upon request, and by administrative subpoena if necessary, and notwithstanding any other law to the contrary, information, including, but not limited to, information on assets and liabilities held by any financial institution regarding any individuals who owe, are owed or against or with respect to whom a support obligation is owed.
(A) Subpoena, by an administrative subpoena issued by the commissioner, by any authorized representative of the commissioner, or by any contractor of the department, any financial or other information needed to establish, modify, or enforce an order of support;
(B) Require all entities in the state, including, but not limited to, for-profit, nonprofit and governmental employers, to provide promptly, in response to a request or administrative subpoena from the department, its Title IV-D contractor, or by the Title IV-D agency or contractor of any other state, information on the employment, compensation, and benefits of any individual employed by such entity as an employee or as a contractor;
(C) Obtain upon request, or by administrative subpoena if necessary, and notwithstanding any other law to the contrary, access, including automated access if available, to the following records of any state or local agency: (i) Vital statistics, including records of voluntary acknowledgments, marriages, births, deaths and divorces; (ii) State and local tax records and revenue records, including information about the residence address, employer of any individual, and the individual's income and assets; (iii) Records of real and titled personal property; (iv) Records of occupational and professional licenses, and records concerning the ownership and control of corporations, partnerships, and other business entities; (v) Employment security records; (vi) All records of any state or local agency administering any form of public assistance; (vii) Records relating to the registration and titling of motor vehicles; (viii) Records of state, county, or municipal correctional agencies;
(i) Vital statistics, including records of voluntary acknowledgments, marriages, births, deaths and divorces;
(ii) State and local tax records and revenue records, including information about the residence address, employer of any individual, and the individual's income and assets;
(iii) Records of real and titled personal property;
(iv) Records of occupational and professional licenses, and records concerning the ownership and control of corporations, partnerships, and other business entities;
(v) Employment security records;
(vi) All records of any state or local agency administering any form of public assistance;
(vii) Records relating to the registration and titling of motor vehicles;
(viii) Records of state, county, or municipal correctional agencies;
(D) Obtain pursuant to an administrative subpoena, and notwithstanding any other law to the contrary, access to certain records held by private entities with respect to individuals who owe or are owed support or against or with respect to whom a support obligation is sought, consisting of the names and addresses of such individuals and the names and addresses of the employers of such individuals, as appearing in customer records of public utilities, including all electric, gas, telephone and water companies and cable television companies; and
(E) Obtain upon request, and by administrative subpoena if necessary, and notwithstanding any other law to the contrary, information, including, but not limited to, information on assets and liabilities held by any financial institution regarding any individuals who owe, are owed or against or with respect to whom a support obligation is owed.
(2) (A) Notwithstanding any other law to the contrary, the department of human services, and any of its Title IV-D child support contractors, or the Title IV-D agency of any other state or territory, or any of their Title IV-D child support contractors and any federal agency conducting activities under Title IV-D of the Social Security Act, shall have access to any information maintained by any agency of the state that maintains any system used to locate any individual for any purpose relating to registration of any motor vehicles or law enforcement activities. (B) For purposes of this subdivision (a)(2), "system" shall be defined as any automated, computerized or electronic system used by any state law enforcement agency, or any state agency that otherwise maintains any records of motor vehicles, in which any information relative to the location or address of any individual persons are maintained by such agencies. (C) The department of human services shall have rulemaking authority to prescribe the information required by this subdivision (a)(2).
(A) Notwithstanding any other law to the contrary, the department of human services, and any of its Title IV-D child support contractors, or the Title IV-D agency of any other state or territory, or any of their Title IV-D child support contractors and any federal agency conducting activities under Title IV-D of the Social Security Act, shall have access to any information maintained by any agency of the state that maintains any system used to locate any individual for any purpose relating to registration of any motor vehicles or law enforcement activities.
(B) For purposes of this subdivision (a)(2), "system" shall be defined as any automated, computerized or electronic system used by any state law enforcement agency, or any state agency that otherwise maintains any records of motor vehicles, in which any information relative to the location or address of any individual persons are maintained by such agencies.
(C) The department of human services shall have rulemaking authority to prescribe the information required by this subdivision (a)(2).
(b) No administrative subpoena shall issue to individuals or entities, other than the obligor or obligee, pursuant to this part without prior review and approval of the necessity for its issuance by a licensed attorney employed by the department or its contractor.
(c) A request or administrative subpoena pursuant to this section may be contested by filing an appeal pursuant to part 10 of this chapter.
Acts 1997 , ch. 551, § 11.
Tenn. Code Ann. § 36-6-301 — TN Code / Title 36 / Chapter 6 / Section 36-6-301
Visitation
Status: in_force

After making an award of custody, the court shall, upon request of the noncustodial parent, grant such rights of visitation as will enable the child and the noncustodial parent to maintain a parent-child relationship unless the court finds, after a hearing, that visitation is likely to endanger the child's physical or emotional health. In granting any such rights of visitation, the court shall designate in which parent's home each minor child shall reside on given days of the year, including provisions for holidays, birthdays of family members, vacations and other special occasions. If the court finds that the noncustodial parent has physically or emotionally abused the child, the court may require that visitation be supervised or prohibited until such abuse has ceased or until there is no reasonable likelihood that such abuse will recur. The court may not order the department of children's services to provide supervision of visitation pursuant to this section except in cases where the department is the petitioner or intervening petitioner in a case in which the custody or guardianship of a child is at issue. Acts 1995, ch. 428, § 3; 1996, ch. 1079, § 71; 1998, ch. 1050, § 1.
After making an award of custody, the court shall, upon request of the noncustodial parent, grant such rights of visitation as will enable the child and the noncustodial parent to maintain a parent-child relationship unless the court finds, after a hearing, that visitation is likely to endanger the child's physical or emotional health. In granting any such rights of visitation, the court shall designate in which parent's home each minor child shall reside on given days of the year, including provisions for holidays, birthdays of family members, vacations and other special occasions. If the court finds that the noncustodial parent has physically or emotionally abused the child, the court may require that visitation be supervised or prohibited until such abuse has ceased or until there is no reasonable likelihood that such abuse will recur. The court may not order the department of children's services to provide supervision of visitation pursuant to this section except in cases where the department is the petitioner or intervening petitioner in a case in which the custody or guardianship of a child is at issue.
Acts 1995, ch. 428, § 3; 1996, ch. 1079, § 71; 1998, ch. 1050, § 1.
Tenn. Code Ann. § 36-3-403 — TN Code / Title 36 / Chapter 3 / Section 36-3-403
Questions considered in determining damages
Status: in_force

In all suits for damages for breach of promise or contract of marriage that may hereafter be tried in the courts of this state, the judge hearing the case shall instruct the jury to take into consideration the age and experience of the parties and whether the plaintiff has been previously married. Any previous marriage on the part of such plaintiff shall be considered by the court and jury in mitigation of the damages that might otherwise be allowed. Acts 1949, ch. 161, § 1; C. Supp. 1950, § 8462.1 (Williams, § 9720.5); T.C.A. (orig. ed.), § 36-703.
In all suits for damages for breach of promise or contract of marriage that may hereafter be tried in the courts of this state, the judge hearing the case shall instruct the jury to take into consideration the age and experience of the parties and whether the plaintiff has been previously married. Any previous marriage on the part of such plaintiff shall be considered by the court and jury in mitigation of the damages that might otherwise be allowed.
Acts 1949, ch. 161, § 1; C. Supp. 1950, § 8462.1 (Williams, § 9720.5); T.C.A. (orig. ed.), § 36-703.
Tenn. Code Ann. § 36-6-205 — TN Code / Title 36 / Chapter 6 / Section 36-6-205
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Abandoned" means left without provision for reasonable and necessary care or supervision; (2) "Child" means an individual who has not attained eighteen (18) years of age; (3) "Child custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. "Child custody determination" includes a permanent, temporary, initial, and modification order. "Child custody determination" does not include an order relating to child support or other monetary obligation of an individual; (4) "Child custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. "Child custody proceeding" includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. "Child custody proceeding" does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under part 3 of this chapter; (5) "Commencement" means the filing of the first pleading in a proceeding; (6) "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination; (7) "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six (6) consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six (6) months of age, "home state" means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period; (8) "Initial determination" means the first child custody determination concerning a particular child; (9) "Issuing court" means the court that makes a child custody determination for which enforcement is sought under this part; (10) "Issuing state" means the state in which a child custody determination is made; (11) "Modification" means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination; (12) "Person" means an individual, corporation, business, trust estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity; (13) "Person acting as a parent" means a person, other than a parent, who: (A) Has physical custody of the child or has had physical custody for a period of six (6) consecutive months, including any temporary absence, within one (1) year immediately before the commencement of a child custody proceeding; and (B) Has been awarded legal custody by a court or claims a right to legal custody under the law of this state; (14) "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination; (15) "Physical custody" means the physical care and supervision of a child; (16) "Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination; (17) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States; (18) "Tribe" means an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state; and (19) "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child. Acts 1999, ch. 389, § 6.
As used in this part, unless the context otherwise requires:
(1) "Abandoned" means left without provision for reasonable and necessary care or supervision;
(2) "Child" means an individual who has not attained eighteen (18) years of age;
(3) "Child custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. "Child custody determination" includes a permanent, temporary, initial, and modification order. "Child custody determination" does not include an order relating to child support or other monetary obligation of an individual;
(4) "Child custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. "Child custody proceeding" includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. "Child custody proceeding" does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under part 3 of this chapter;
(5) "Commencement" means the filing of the first pleading in a proceeding;
(6) "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination;
(7) "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six (6) consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six (6) months of age, "home state" means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period;
(8) "Initial determination" means the first child custody determination concerning a particular child;
(9) "Issuing court" means the court that makes a child custody determination for which enforcement is sought under this part;
(10) "Issuing state" means the state in which a child custody determination is made;
(11) "Modification" means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination;
(12) "Person" means an individual, corporation, business, trust estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity;
(13) "Person acting as a parent" means a person, other than a parent, who: (A) Has physical custody of the child or has had physical custody for a period of six (6) consecutive months, including any temporary absence, within one (1) year immediately before the commencement of a child custody proceeding; and (B) Has been awarded legal custody by a court or claims a right to legal custody under the law of this state;
(A) Has physical custody of the child or has had physical custody for a period of six (6) consecutive months, including any temporary absence, within one (1) year immediately before the commencement of a child custody proceeding; and
(B) Has been awarded legal custody by a court or claims a right to legal custody under the law of this state;
(14) "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination;
(15) "Physical custody" means the physical care and supervision of a child;
(16) "Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination;
(17) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States;
(18) "Tribe" means an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state; and
(19) "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child.
Acts 1999, ch. 389, § 6.
Tenn. Code Ann. § 36-5-2903 — TN Code / Title 36 / Chapter 5 / Section 36-5-2903
§ 36-5-2903
Status: in_force

If any provision of parts 20-29 of this chapter or their application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of parts 20-29 of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of parts 20-29 of this chapter are severable.
Tenn. Code Ann. § 36-5-2607 — TN Code / Title 36 / Chapter 5 / Section 36-5-2607
Contest of registration or enforcement
Status: in_force

(a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one (1) or more of the following defenses: (1) The issuing tribunal lacked personal jurisdiction over the contesting party; (2) The order was obtained by fraud; (3) The order has been vacated, suspended, or modified by a later order; (4) The issuing tribunal has stayed the order pending appeal; (5) There is a defense under the law of this state to the remedy sought; (6) Full or partial payment has been made; (7) The statute of limitation under § 36-5-2604 precludes enforcement of some or all of the alleged arrearages; or (8) The alleged controlling order is not the controlling order. (b) If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may stay enforcement of the registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state. (c) If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order. Acts 2010, ch. 901, § 1.
(a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one (1) or more of the following defenses: (1) The issuing tribunal lacked personal jurisdiction over the contesting party; (2) The order was obtained by fraud; (3) The order has been vacated, suspended, or modified by a later order; (4) The issuing tribunal has stayed the order pending appeal; (5) There is a defense under the law of this state to the remedy sought; (6) Full or partial payment has been made; (7) The statute of limitation under § 36-5-2604 precludes enforcement of some or all of the alleged arrearages; or (8) The alleged controlling order is not the controlling order.
(1) The issuing tribunal lacked personal jurisdiction over the contesting party;
(2) The order was obtained by fraud;
(3) The order has been vacated, suspended, or modified by a later order;
(4) The issuing tribunal has stayed the order pending appeal;
(5) There is a defense under the law of this state to the remedy sought;
(6) Full or partial payment has been made;
(7) The statute of limitation under § 36-5-2604 precludes enforcement of some or all of the alleged arrearages; or
(8) The alleged controlling order is not the controlling order.
(b) If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may stay enforcement of the registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.
(c) If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-6-227 — TN Code / Title 36 / Chapter 6 / Section 36-6-227
Recognition and enforcement of foreign decrees
Status: in_force

(a) A court of this state shall recognize and enforce a child-custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this part, or the determination was made under factual circumstances meeting the jurisdictional standards of this part and the determination has not been modified in accordance with this part. (b) A court of this state may utilize any remedy available under other law of this state to enforce a child-custody determination made by a court of another state. The remedies provided in this part are cumulative and do not affect the availability of other remedies to enforce a child-custody determination. Acts 1999, ch. 389, § 28.
(a) A court of this state shall recognize and enforce a child-custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this part, or the determination was made under factual circumstances meeting the jurisdictional standards of this part and the determination has not been modified in accordance with this part.
(b) A court of this state may utilize any remedy available under other law of this state to enforce a child-custody determination made by a court of another state. The remedies provided in this part are cumulative and do not affect the availability of other remedies to enforce a child-custody determination.
Acts 1999, ch. 389, § 28.
Tenn. Code Ann. § 36-8-103 — TN Code / Title 36 / Chapter 8 / Section 36-8-103
Parents' fundamental rights - Exceptions and exclusions - Mandatory disclosure to parents - Right of action against government entities
Status: in_force

(a) The liberty of a parent to the care, custody, and control of the parent's child, including the right to direct the upbringing, education, health care, and mental health of the child, is a fundamental right. (b) A government entity shall not substantially burden the fundamental rights of a parent as provided under this section unless the government entity demonstrates that the burden, as applied to the parent and the child, is required by a compelling governmental interest of the highest order and is the least restrictive means of furthering that compelling governmental interest. (c) All parental rights are exclusively reserved to a parent of a child without obstruction by or interference from a government entity, including, but not limited to, the following rights and responsibilities: (1) To direct the upbringing of the child; (2) To direct the moral or religious training of the child; (3) To make all physical and mental healthcare decisions for the child and consent to all physical and mental health care on the child's behalf, as provided in § 63-1-173 ; (4) To access and review all health and medical records of the child; (5) To direct the education of the child, including the right to choose public, private, religious, or home schools, and the right to make reasonable choices within public schools for the education of the child; (6) To access and review all educational records of the child maintained by the school, including those maintained in accordance with § 49-1-704 of the Data Accessibility, Transparency and Accountability Act and the Family Educational Rights and Privacy Act ( 20 U.S.C. § 1232g ); (7) To have the child excused from school attendance for religious purposes; (8) To participate in parent-teacher associations and school organizations that are sanctioned by the board of education of a local education agency; (9) To be notified promptly if an employee of the state reasonably believes that abuse, neglect, or any criminal offense has been committed against the child by someone other than the parent, unless doing so would interfere with a criminal investigation or department of children's services investigation, or unless an employee of the state, a political subdivision of the state, a local education agency, a public charter school, or any other governmental entity is required by law to withhold such information; (10) To consent before the collection, storing, or sharing of any individual biometric data, data relative to analysis of facial expressions, electroencephalogram brain wave patterns, skin conductance, galvanic skin response, heart-rate variability, pulse, blood volume, posture, and eye-tracking, as specified in §§ 49-1-706 and 49-2-211 ; (11) To consent before any record of the child's blood or deoxyribonucleic acid (DNA) is created, stored, or shared, unless authorized by law or pursuant to a court order; and (12) To consent before any government entity makes a video or voice recording of the child, unless the video or voice recording is made during or as a part of: (A) A court proceeding; (B) A law enforcement interaction; (C) A forensic interview in a criminal or department of children's services investigation; (D) The security or surveillance of buildings or grounds; (E) A photo identification card; or (F) A public event where the child has no reasonable expectation of privacy. (d) (1) This section does not authorize or allow any individual to abuse, neglect, or endanger a child as defined by § 39-15-401 . (2) This section does not prevent the department of children's services from conducting an investigation or otherwise carrying out its responsibilities under state law. (3) This section does not apply when: (A) A parent of the minor has given blanket consent authorizing the person or entity to perform an activity listed in subsection (c); (B) A government entity or any other person reasonably relies in good faith on an individual's representations that the individual is the parent of a minor or has otherwise been granted authority to make decisions regarding a minor's care under state law; (C) A person, including a law enforcement officer, participates or assists in rendering emergency care pursuant to § 63-6-218 ; (D) An employee of a local education agency acts to control bleeding using a bleeding control kit pursuant to § 49-2-137 ; or (E) Services are provided to or information is received or maintained about a minor enrolled in an institution of higher education or a minor participating in a program for which the minor's parent has consented to the child's participation by an employee of the institution of higher education or other school official. (e) A public employee, other than law enforcement personnel, shall not encourage or coerce a child to withhold information from the child's parent. A public employee shall not withhold from a child's parent information that is relevant to the physical, emotional, or mental health of the child unless required by law to withhold such information. (f) (1) A parent whose rights have been burdened by a government entity in violation of this section may assert that violation of this section as a claim or defense in any judicial or administrative proceeding, without regard to whether the proceeding is brought by or in the name of the state, a private person, or another party. (2) A parent who prevails in a proceeding to enforce this section against a government entity may recover the following from a court of competent jurisdiction: (A) Declaratory relief; (B) Injunctive relief; and (C) Compensatory damages, including reasonable costs and attorney's fees. (g) A person or entity that is not a parent shall not have standing to raise in any proceeding in this state the fundamental rights of a parent established in subsection (a). Added by 2024 Tenn. Acts, ch. 1061,s 1, eff. 7/1/2024.
(a) The liberty of a parent to the care, custody, and control of the parent's child, including the right to direct the upbringing, education, health care, and mental health of the child, is a fundamental right.
(b) A government entity shall not substantially burden the fundamental rights of a parent as provided under this section unless the government entity demonstrates that the burden, as applied to the parent and the child, is required by a compelling governmental interest of the highest order and is the least restrictive means of furthering that compelling governmental interest.
(c) All parental rights are exclusively reserved to a parent of a child without obstruction by or interference from a government entity, including, but not limited to, the following rights and responsibilities: (1) To direct the upbringing of the child; (2) To direct the moral or religious training of the child; (3) To make all physical and mental healthcare decisions for the child and consent to all physical and mental health care on the child's behalf, as provided in § 63-1-173 ; (4) To access and review all health and medical records of the child; (5) To direct the education of the child, including the right to choose public, private, religious, or home schools, and the right to make reasonable choices within public schools for the education of the child; (6) To access and review all educational records of the child maintained by the school, including those maintained in accordance with § 49-1-704 of the Data Accessibility, Transparency and Accountability Act and the Family Educational Rights and Privacy Act ( 20 U.S.C. § 1232g ); (7) To have the child excused from school attendance for religious purposes; (8) To participate in parent-teacher associations and school organizations that are sanctioned by the board of education of a local education agency; (9) To be notified promptly if an employee of the state reasonably believes that abuse, neglect, or any criminal offense has been committed against the child by someone other than the parent, unless doing so would interfere with a criminal investigation or department of children's services investigation, or unless an employee of the state, a political subdivision of the state, a local education agency, a public charter school, or any other governmental entity is required by law to withhold such information; (10) To consent before the collection, storing, or sharing of any individual biometric data, data relative to analysis of facial expressions, electroencephalogram brain wave patterns, skin conductance, galvanic skin response, heart-rate variability, pulse, blood volume, posture, and eye-tracking, as specified in §§ 49-1-706 and 49-2-211 ; (11) To consent before any record of the child's blood or deoxyribonucleic acid (DNA) is created, stored, or shared, unless authorized by law or pursuant to a court order; and (12) To consent before any government entity makes a video or voice recording of the child, unless the video or voice recording is made during or as a part of: (A) A court proceeding; (B) A law enforcement interaction; (C) A forensic interview in a criminal or department of children's services investigation; (D) The security or surveillance of buildings or grounds; (E) A photo identification card; or (F) A public event where the child has no reasonable expectation of privacy.
(1) To direct the upbringing of the child;
(2) To direct the moral or religious training of the child;
(3) To make all physical and mental healthcare decisions for the child and consent to all physical and mental health care on the child's behalf, as provided in § 63-1-173 ;
(4) To access and review all health and medical records of the child;
(5) To direct the education of the child, including the right to choose public, private, religious, or home schools, and the right to make reasonable choices within public schools for the education of the child;
(6) To access and review all educational records of the child maintained by the school, including those maintained in accordance with § 49-1-704 of the Data Accessibility, Transparency and Accountability Act and the Family Educational Rights and Privacy Act ( 20 U.S.C. § 1232g );
(7) To have the child excused from school attendance for religious purposes;
(8) To participate in parent-teacher associations and school organizations that are sanctioned by the board of education of a local education agency;
(9) To be notified promptly if an employee of the state reasonably believes that abuse, neglect, or any criminal offense has been committed against the child by someone other than the parent, unless doing so would interfere with a criminal investigation or department of children's services investigation, or unless an employee of the state, a political subdivision of the state, a local education agency, a public charter school, or any other governmental entity is required by law to withhold such information;
(10) To consent before the collection, storing, or sharing of any individual biometric data, data relative to analysis of facial expressions, electroencephalogram brain wave patterns, skin conductance, galvanic skin response, heart-rate variability, pulse, blood volume, posture, and eye-tracking, as specified in §§ 49-1-706 and 49-2-211 ;
(11) To consent before any record of the child's blood or deoxyribonucleic acid (DNA) is created, stored, or shared, unless authorized by law or pursuant to a court order; and
(12) To consent before any government entity makes a video or voice recording of the child, unless the video or voice recording is made during or as a part of: (A) A court proceeding; (B) A law enforcement interaction; (C) A forensic interview in a criminal or department of children's services investigation; (D) The security or surveillance of buildings or grounds; (E) A photo identification card; or (F) A public event where the child has no reasonable expectation of privacy.
(A) A court proceeding;
(B) A law enforcement interaction;
(C) A forensic interview in a criminal or department of children's services investigation;
(D) The security or surveillance of buildings or grounds;
(E) A photo identification card; or
(F) A public event where the child has no reasonable expectation of privacy.
(d) (1) This section does not authorize or allow any individual to abuse, neglect, or endanger a child as defined by § 39-15-401 . (2) This section does not prevent the department of children's services from conducting an investigation or otherwise carrying out its responsibilities under state law. (3) This section does not apply when: (A) A parent of the minor has given blanket consent authorizing the person or entity to perform an activity listed in subsection (c); (B) A government entity or any other person reasonably relies in good faith on an individual's representations that the individual is the parent of a minor or has otherwise been granted authority to make decisions regarding a minor's care under state law; (C) A person, including a law enforcement officer, participates or assists in rendering emergency care pursuant to § 63-6-218 ; (D) An employee of a local education agency acts to control bleeding using a bleeding control kit pursuant to § 49-2-137 ; or (E) Services are provided to or information is received or maintained about a minor enrolled in an institution of higher education or a minor participating in a program for which the minor's parent has consented to the child's participation by an employee of the institution of higher education or other school official.
(1) This section does not authorize or allow any individual to abuse, neglect, or endanger a child as defined by § 39-15-401 .
(2) This section does not prevent the department of children's services from conducting an investigation or otherwise carrying out its responsibilities under state law.
(3) This section does not apply when: (A) A parent of the minor has given blanket consent authorizing the person or entity to perform an activity listed in subsection (c); (B) A government entity or any other person reasonably relies in good faith on an individual's representations that the individual is the parent of a minor or has otherwise been granted authority to make decisions regarding a minor's care under state law; (C) A person, including a law enforcement officer, participates or assists in rendering emergency care pursuant to § 63-6-218 ; (D) An employee of a local education agency acts to control bleeding using a bleeding control kit pursuant to § 49-2-137 ; or (E) Services are provided to or information is received or maintained about a minor enrolled in an institution of higher education or a minor participating in a program for which the minor's parent has consented to the child's participation by an employee of the institution of higher education or other school official.
(A) A parent of the minor has given blanket consent authorizing the person or entity to perform an activity listed in subsection (c);
(B) A government entity or any other person reasonably relies in good faith on an individual's representations that the individual is the parent of a minor or has otherwise been granted authority to make decisions regarding a minor's care under state law;
(C) A person, including a law enforcement officer, participates or assists in rendering emergency care pursuant to § 63-6-218 ;
(D) An employee of a local education agency acts to control bleeding using a bleeding control kit pursuant to § 49-2-137 ; or
(E) Services are provided to or information is received or maintained about a minor enrolled in an institution of higher education or a minor participating in a program for which the minor's parent has consented to the child's participation by an employee of the institution of higher education or other school official.
(e) A public employee, other than law enforcement personnel, shall not encourage or coerce a child to withhold information from the child's parent. A public employee shall not withhold from a child's parent information that is relevant to the physical, emotional, or mental health of the child unless required by law to withhold such information.
(f) (1) A parent whose rights have been burdened by a government entity in violation of this section may assert that violation of this section as a claim or defense in any judicial or administrative proceeding, without regard to whether the proceeding is brought by or in the name of the state, a private person, or another party. (2) A parent who prevails in a proceeding to enforce this section against a government entity may recover the following from a court of competent jurisdiction: (A) Declaratory relief; (B) Injunctive relief; and (C) Compensatory damages, including reasonable costs and attorney's fees.
(1) A parent whose rights have been burdened by a government entity in violation of this section may assert that violation of this section as a claim or defense in any judicial or administrative proceeding, without regard to whether the proceeding is brought by or in the name of the state, a private person, or another party.
(2) A parent who prevails in a proceeding to enforce this section against a government entity may recover the following from a court of competent jurisdiction: (A) Declaratory relief; (B) Injunctive relief; and (C) Compensatory damages, including reasonable costs and attorney's fees.
(A) Declaratory relief;
(B) Injunctive relief; and
(C) Compensatory damages, including reasonable costs and attorney's fees.
(g) A person or entity that is not a parent shall not have standing to raise in any proceeding in this state the fundamental rights of a parent established in subsection (a).
Added by 2024 Tenn. Acts, ch. 1061,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 36-5-713 — TN Code / Title 36 / Chapter 5 / Section 36-5-713
Noncompliance with support order to affect ability to hold other licenses
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 title 43, 44, 45, 55, 56, 62, 63, 68, 70 or 71, for an individual to engage in a profession, trade, occupation, business, or industry, to hunt or fish, or to operate any motor vehicle or other conveyance, 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 support. (b) The supreme court is encouraged to establish guidelines to suspend the license of an attorney who fails to comply with the requirements of §§ 36-5-701 - 36-5-707. Acts 1996, ch. 892, § 14.
(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 title 43, 44, 45, 55, 56, 62, 63, 68, 70 or 71, for an individual to engage in a profession, trade, occupation, business, or industry, to hunt or fish, or to operate any motor vehicle or other conveyance, 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 support.
(b) The supreme court is encouraged to establish guidelines to suspend the license of an attorney who fails to comply with the requirements of §§ 36-5-701 - 36-5-707.
Acts 1996, ch. 892, § 14.
Tenn. Code Ann. § 36-3-625 — TN Code / Title 36 / Chapter 3 / Section 36-3-625
Dispossession of firearms
Status: in_force

(a) Upon issuance of an order of protection that fully complies with 18 U.S.C. § 922(g)(8) , the order shall include on its face the following disclosures: (1) That the respondent is required to dispossess the respondent by any lawful means, such as transferring possession to a third party who is not prohibited from possessing firearms, of all firearms the respondent possesses within forty-eight (48) hours of the issuance of the order; (2) That the respondent is prohibited from possessing a firearm for so long as the order of protection or any successive order of protection is in effect, and may reassume possession of the dispossessed firearm at such time as the order expires or is otherwise no longer in effect; and (3) Notice of the penalty for any violation of this section and § 39-17-1307(f) . (b) The court shall then order and instruct the respondent: (1) To terminate the respondent's physical possession of the firearms in the respondent's possession by any lawful means, such as transferring possession to a third party who is not prohibited from possessing firearms, within forty-eight (48) hours; (2) To complete and return the affidavit of firearm dispossession form created pursuant to subsection (e), which the court may provide the respondent or direct the respondent to the administrative office of the courts' website; and (3) That if the respondent possesses firearms as business inventory or that are registered under the National Firearms Act ( 26 U.S.C. §§ 5801 et seq.), there are additional statutory provisions that may apply and shall include these additional provisions in the content of the order. (c) Upon issuance of the order of protection, its provisions and date and time of issuance shall be transmitted to the sheriff and all local law enforcement agencies in the county where the respondent resides. (d) When the respondent is lawfully dispossessed of firearms as required by this section, the respondent shall complete an affidavit of firearms dispossession form created pursuant to subsection (e) and return it to the court issuing the order of protection. (e) The affidavit of firearms dispossession form shall be developed by the domestic violence state coordinating council, in consultation with the administrative office of the courts. Upon completion, the form shall be posted on the website of the administrative office of the courts where it can be copied by respondents or provided to them by the court or the court clerk. (f) In determining what a lawful means of dispossession is: (1) If the dispossession, including, but not limited to, the transfer of weapons registered under the National Firearms Act ( 26 U.S.C. §§ 5801 et seq.), that requires the approval of any state or federal agency prior to the transfer of the firearm, the respondent may comply with the dispossession requirement by having the firearm or firearms placed into a safe or similar container that is securely locked and to which the respondent does not have the combination, keys or other means of normal access; (2) If the respondent is licensed as a federal firearms dealer or a responsible party under a federal firearms license, the determination of whether such an individual possesses firearms that constitute business inventory under the federal license shall be determined based upon the applicable federal statutes or the rules, regulations and official letters, rulings and publications of the bureau of alcohol, tobacco, firearms and explosives. The order of protection shall not require the surrender or transfer of the inventory if there are one (1) or more individuals who are responsible parties under the federal license who are not the respondent subject to the order of protection. (g) A firearm subject to this section shall not be forfeited as provided in § 39-17-1317 , unless the possession of the firearm prior to the entry of the order of protection constituted an independent crime of which the respondent has been convicted or the firearms are abandoned by the respondent. (h) (1) It is an offense for a person subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8) to knowingly fail to surrender or transfer all firearms the respondent possesses as required by this section. (2) A violation of subdivision (h)(1) is a Class A misdemeanor and each violation shall constitute a separate offense. (3) If the violation of subdivision (h)(1) also constitutes a violation of § 39-13-113(h) or § 39-17-1307(f) , the respondent may be charged and convicted under any or all such sections. Acts 2009, ch. 455, § 3.
(a) Upon issuance of an order of protection that fully complies with 18 U.S.C. § 922(g)(8) , the order shall include on its face the following disclosures: (1) That the respondent is required to dispossess the respondent by any lawful means, such as transferring possession to a third party who is not prohibited from possessing firearms, of all firearms the respondent possesses within forty-eight (48) hours of the issuance of the order; (2) That the respondent is prohibited from possessing a firearm for so long as the order of protection or any successive order of protection is in effect, and may reassume possession of the dispossessed firearm at such time as the order expires or is otherwise no longer in effect; and (3) Notice of the penalty for any violation of this section and § 39-17-1307(f) .
(1) That the respondent is required to dispossess the respondent by any lawful means, such as transferring possession to a third party who is not prohibited from possessing firearms, of all firearms the respondent possesses within forty-eight (48) hours of the issuance of the order;
(2) That the respondent is prohibited from possessing a firearm for so long as the order of protection or any successive order of protection is in effect, and may reassume possession of the dispossessed firearm at such time as the order expires or is otherwise no longer in effect; and
(3) Notice of the penalty for any violation of this section and § 39-17-1307(f) .
(b) The court shall then order and instruct the respondent: (1) To terminate the respondent's physical possession of the firearms in the respondent's possession by any lawful means, such as transferring possession to a third party who is not prohibited from possessing firearms, within forty-eight (48) hours; (2) To complete and return the affidavit of firearm dispossession form created pursuant to subsection (e), which the court may provide the respondent or direct the respondent to the administrative office of the courts' website; and (3) That if the respondent possesses firearms as business inventory or that are registered under the National Firearms Act ( 26 U.S.C. §§ 5801 et seq.), there are additional statutory provisions that may apply and shall include these additional provisions in the content of the order.
(1) To terminate the respondent's physical possession of the firearms in the respondent's possession by any lawful means, such as transferring possession to a third party who is not prohibited from possessing firearms, within forty-eight (48) hours;
(2) To complete and return the affidavit of firearm dispossession form created pursuant to subsection (e), which the court may provide the respondent or direct the respondent to the administrative office of the courts' website; and
(3) That if the respondent possesses firearms as business inventory or that are registered under the National Firearms Act ( 26 U.S.C. §§ 5801 et seq.), there are additional statutory provisions that may apply and shall include these additional provisions in the content of the order.
(c) Upon issuance of the order of protection, its provisions and date and time of issuance shall be transmitted to the sheriff and all local law enforcement agencies in the county where the respondent resides.
(d) When the respondent is lawfully dispossessed of firearms as required by this section, the respondent shall complete an affidavit of firearms dispossession form created pursuant to subsection (e) and return it to the court issuing the order of protection.
(e) The affidavit of firearms dispossession form shall be developed by the domestic violence state coordinating council, in consultation with the administrative office of the courts. Upon completion, the form shall be posted on the website of the administrative office of the courts where it can be copied by respondents or provided to them by the court or the court clerk.
(f) In determining what a lawful means of dispossession is: (1) If the dispossession, including, but not limited to, the transfer of weapons registered under the National Firearms Act ( 26 U.S.C. §§ 5801 et seq.), that requires the approval of any state or federal agency prior to the transfer of the firearm, the respondent may comply with the dispossession requirement by having the firearm or firearms placed into a safe or similar container that is securely locked and to which the respondent does not have the combination, keys or other means of normal access; (2) If the respondent is licensed as a federal firearms dealer or a responsible party under a federal firearms license, the determination of whether such an individual possesses firearms that constitute business inventory under the federal license shall be determined based upon the applicable federal statutes or the rules, regulations and official letters, rulings and publications of the bureau of alcohol, tobacco, firearms and explosives. The order of protection shall not require the surrender or transfer of the inventory if there are one (1) or more individuals who are responsible parties under the federal license who are not the respondent subject to the order of protection.
(1) If the dispossession, including, but not limited to, the transfer of weapons registered under the National Firearms Act ( 26 U.S.C. §§ 5801 et seq.), that requires the approval of any state or federal agency prior to the transfer of the firearm, the respondent may comply with the dispossession requirement by having the firearm or firearms placed into a safe or similar container that is securely locked and to which the respondent does not have the combination, keys or other means of normal access;
(2) If the respondent is licensed as a federal firearms dealer or a responsible party under a federal firearms license, the determination of whether such an individual possesses firearms that constitute business inventory under the federal license shall be determined based upon the applicable federal statutes or the rules, regulations and official letters, rulings and publications of the bureau of alcohol, tobacco, firearms and explosives. The order of protection shall not require the surrender or transfer of the inventory if there are one (1) or more individuals who are responsible parties under the federal license who are not the respondent subject to the order of protection.
(g) A firearm subject to this section shall not be forfeited as provided in § 39-17-1317 , unless the possession of the firearm prior to the entry of the order of protection constituted an independent crime of which the respondent has been convicted or the firearms are abandoned by the respondent.
(h) (1) It is an offense for a person subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8) to knowingly fail to surrender or transfer all firearms the respondent possesses as required by this section. (2) A violation of subdivision (h)(1) is a Class A misdemeanor and each violation shall constitute a separate offense. (3) If the violation of subdivision (h)(1) also constitutes a violation of § 39-13-113(h) or § 39-17-1307(f) , the respondent may be charged and convicted under any or all such sections.
(1) It is an offense for a person subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8) to knowingly fail to surrender or transfer all firearms the respondent possesses as required by this section.
(2) A violation of subdivision (h)(1) is a Class A misdemeanor and each violation shall constitute a separate offense.
(3) If the violation of subdivision (h)(1) also constitutes a violation of § 39-13-113(h) or § 39-17-1307(f) , the respondent may be charged and convicted under any or all such sections.
Acts 2009, ch. 455, § 3.
Tenn. Code Ann. § 36-5-111 — TN Code / Title 36 / Chapter 5 / Section 36-5-111
Liability for clerk's fee
Status: in_force

In all cases where payments for child support are made through or administered by the court clerk, the decree or order setting the child support must state that the party responsible for paying such support shall be responsible for the clerk's fee, as stated in § 8-21-403 , and the amount thereof. Acts 1985, ch. 379, § 1.
In all cases where payments for child support are made through or administered by the court clerk, the decree or order setting the child support must state that the party responsible for paying such support shall be responsible for the clerk's fee, as stated in § 8-21-403 , and the amount thereof.
Acts 1985, ch. 379, § 1.
Tenn. Code Ann. § 36-5-2303 — TN Code / Title 36 / Chapter 5 / Section 36-5-2303
Application of law of state
Status: in_force

Except as otherwise provided in parts 20-29 of this chapter, a responding tribunal of this state shall: (1) Apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and (2) Determine the duty of support and the amount payable in accordance with the law and support guidelines of this state. Acts 2010, ch. 901, § 1.
Except as otherwise provided in parts 20-29 of this chapter, a responding tribunal of this state shall:
(1) Apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and
(2) Determine the duty of support and the amount payable in accordance with the law and support guidelines of this state.
Acts 2010, ch. 901, § 1.
Tenn. Code Ann. § 36-2-322 — TN Code / Title 36 / Chapter 2 / Section 36-2-322
Payment of overdue support for children receiving assistance
Status: in_force

In any case in which a child is receiving assistance under a state program funded under the Social Security Act, Title IV-A ( 42 U.S.C. § 601 et seq.), including, but not limited to, temporary assistance as provided under title 71, chapter 3, part 1, and the payment of support for such child is overdue, then, the department of human services may issue an administrative order, directing 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 or to engage in work activities, as otherwise required and defined by § 36-5-113 . Acts 1997, ch. 551, § 49; 1998, ch. 1098, § 12.
In any case in which a child is receiving assistance under a state program funded under the Social Security Act, Title IV-A ( 42 U.S.C. § 601 et seq.), including, but not limited to, temporary assistance as provided under title 71, chapter 3, part 1, and the payment of support for such child is overdue, then, the department of human services may issue an administrative order, directing 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 or to engage in work activities, as otherwise required and defined by § 36-5-113 .
Acts 1997, ch. 551, § 49; 1998, ch. 1098, § 12.
Tenn. Code Ann. § 36-3-627 — TN Code / Title 36 / Chapter 3 / Section 36-3-627
Lifetime order of protection
Status: in_force

(a) (1) Notwithstanding § 36-3-608 , a victim of any of the following offenses may file a petition for a lifetime order of protection against the offender who was convicted of the offense: (A) A felony offense under title 39, chapter 13, part 1, 2, 3, or 5; (B) Harassment under § 39-17-308(b) ; or (C) Aggravated stalking or especially aggravated stalking under § 39-17-315(c) or (d) . (2) As used in this section, "victim" has the meaning given in § 40-38-203 . (b) A petition filed by an unemancipated person under eighteen (18) years of age must be signed by one (1) of that person's parents or by that person's guardian. The petition may also be signed by a caseworker at a not-for-profit organization that receives funds pursuant to title 71, chapter 6, part 2 for family violence and child abuse prevention and shelters; provided, however, that a petition signed by a caseworker may not be filed against the unemancipated minor's parent or legal guardian. In such case, unless the court finds that the action would create a threat of serious harm to the minor, a copy of the petition and notice of hearing shall also be served on the parents of the minor child, or if the parents are not living together and jointly caring for the child, upon the primary residential parent. In cases before the juvenile court where the department of children's services is a party or where a guardian ad litem has been appointed for the child by the juvenile court, the petition may be filed by the department or the guardian ad litem. (c) Venue for a petition for an order of protection under this section, and all other matters relating to orders of protection, is in the county where the respondent resides or the county in which the offense occurred. If the respondent is not a resident of this state, the petition may be filed in the county where the petitioner resides. (d) The court shall cause a copy of the petition and notice of the date set for the hearing on such petition to be served upon the respondent at least five (5) days prior to the hearing. The notice must advise the respondent that the respondent may be represented by counsel. In every case, unless the court finds that the action would create a threat of serious harm to the minor, when a petitioner is under eighteen (18) years of age, a copy of the petition, and notice of hearing must also be served on the parents of the minor child, or in the event that the parents are not living together and jointly caring for the child, upon the primary residential parent, pursuant to the requirements of this section. (e) At the hearing on the petition, the court shall, if the petitioner has proved the respondent was convicted of an offense listed in subsection (a) and that the petitioner was the victim of the offense, issue a lifetime order of protection that remains in effect until the death of the petitioner or the respondent. If the petitioner has not provided proof that respondent was convicted of such an offense and that the petitioner was the victim of the offense, the court shall dismiss the petition. (f) An order of protection granted under this section must: (1) Prohibit the respondent from coming about the petitioner for any purpose, from telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly; (2) Include a statement of the maximum penalty that may be imposed pursuant to § 36-3-610 for violating such order; and (3) Be valid and enforceable in any county of this state. (g) A lifetime order of protection is effective and must be served as provided in § 36-3-609 . (h) (1) Upon violation of a lifetime order of protection, the court may hold the defendant in civil or criminal contempt and, following a contempt hearing as provided in § 36-3-612 , punish the defendant in accordance with the law. A judge of the general sessions court has the same power as a court of record to punish the defendant for contempt when exercising jurisdiction pursuant to this part or when exercising concurrent jurisdiction with a court of record. A judge of the general sessions court who is not a licensed attorney shall appoint an attorney referee to hear charges of criminal contempt. (2) In addition to the authorized punishments for contempt of court, the judge may assess any person who violates a lifetime order of protection a civil penalty of fifty dollars ($50.00). The judge may further order that any support payment made pursuant to an order of protection or a court-approved consent agreement be made under an income assignment to the clerk of court. Upon collecting the civil penalty imposed by this subdivision (h)(2), the clerk shall, on a monthly basis, send the money to the state treasurer who shall deposit it in the domestic violence community education fund created by § 36-3-616 . (i) An arrest for violation of a lifetime order of protection issued pursuant to this section may be with or without warrant. A law enforcement officer shall arrest the respondent without a warrant if: (1) The officer has proper jurisdiction over the area in which the violation occurred; (2) The officer has reasonable cause to believe the respondent has violated or is in violation of a lifetime order for protection; and (3) The officer has verified whether a lifetime order of protection is in effect against the respondent. If necessary, the officer may verify the existence of a lifetime order for protection by telephone or radio communication with the appropriate law enforcement agency. Amended by 2024 Tenn. Acts, ch. 632,s 1, eff. 4/2/2024. Added by 2021 Tenn. Acts, ch. 60, s 2, eff. 7/1/2021.
(a) (1) Notwithstanding § 36-3-608 , a victim of any of the following offenses may file a petition for a lifetime order of protection against the offender who was convicted of the offense: (A) A felony offense under title 39, chapter 13, part 1, 2, 3, or 5; (B) Harassment under § 39-17-308(b) ; or (C) Aggravated stalking or especially aggravated stalking under § 39-17-315(c) or (d) . (2) As used in this section, "victim" has the meaning given in § 40-38-203 .
(1) Notwithstanding § 36-3-608 , a victim of any of the following offenses may file a petition for a lifetime order of protection against the offender who was convicted of the offense: (A) A felony offense under title 39, chapter 13, part 1, 2, 3, or 5; (B) Harassment under § 39-17-308(b) ; or (C) Aggravated stalking or especially aggravated stalking under § 39-17-315(c) or (d) .
(A) A felony offense under title 39, chapter 13, part 1, 2, 3, or 5;
(B) Harassment under § 39-17-308(b) ; or
(C) Aggravated stalking or especially aggravated stalking under § 39-17-315(c) or (d) .
(2) As used in this section, "victim" has the meaning given in § 40-38-203 .
(b) A petition filed by an unemancipated person under eighteen (18) years of age must be signed by one (1) of that person's parents or by that person's guardian. The petition may also be signed by a caseworker at a not-for-profit organization that receives funds pursuant to title 71, chapter 6, part 2 for family violence and child abuse prevention and shelters; provided, however, that a petition signed by a caseworker may not be filed against the unemancipated minor's parent or legal guardian. In such case, unless the court finds that the action would create a threat of serious harm to the minor, a copy of the petition and notice of hearing shall also be served on the parents of the minor child, or if the parents are not living together and jointly caring for the child, upon the primary residential parent. In cases before the juvenile court where the department of children's services is a party or where a guardian ad litem has been appointed for the child by the juvenile court, the petition may be filed by the department or the guardian ad litem.
(c) Venue for a petition for an order of protection under this section, and all other matters relating to orders of protection, is in the county where the respondent resides or the county in which the offense occurred. If the respondent is not a resident of this state, the petition may be filed in the county where the petitioner resides.
(d) The court shall cause a copy of the petition and notice of the date set for the hearing on such petition to be served upon the respondent at least five (5) days prior to the hearing. The notice must advise the respondent that the respondent may be represented by counsel. In every case, unless the court finds that the action would create a threat of serious harm to the minor, when a petitioner is under eighteen (18) years of age, a copy of the petition, and notice of hearing must also be served on the parents of the minor child, or in the event that the parents are not living together and jointly caring for the child, upon the primary residential parent, pursuant to the requirements of this section.
(e) At the hearing on the petition, the court shall, if the petitioner has proved the respondent was convicted of an offense listed in subsection (a) and that the petitioner was the victim of the offense, issue a lifetime order of protection that remains in effect until the death of the petitioner or the respondent. If the petitioner has not provided proof that respondent was convicted of such an offense and that the petitioner was the victim of the offense, the court shall dismiss the petition.
(f) An order of protection granted under this section must: (1) Prohibit the respondent from coming about the petitioner for any purpose, from telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly; (2) Include a statement of the maximum penalty that may be imposed pursuant to § 36-3-610 for violating such order; and (3) Be valid and enforceable in any county of this state.
(1) Prohibit the respondent from coming about the petitioner for any purpose, from telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly;
(2) Include a statement of the maximum penalty that may be imposed pursuant to § 36-3-610 for violating such order; and
(3) Be valid and enforceable in any county of this state.
(g) A lifetime order of protection is effective and must be served as provided in § 36-3-609 .
(h) (1) Upon violation of a lifetime order of protection, the court may hold the defendant in civil or criminal contempt and, following a contempt hearing as provided in § 36-3-612 , punish the defendant in accordance with the law. A judge of the general sessions court has the same power as a court of record to punish the defendant for contempt when exercising jurisdiction pursuant to this part or when exercising concurrent jurisdiction with a court of record. A judge of the general sessions court who is not a licensed attorney shall appoint an attorney referee to hear charges of criminal contempt. (2) In addition to the authorized punishments for contempt of court, the judge may assess any person who violates a lifetime order of protection a civil penalty of fifty dollars ($50.00). The judge may further order that any support payment made pursuant to an order of protection or a court-approved consent agreement be made under an income assignment to the clerk of court. Upon collecting the civil penalty imposed by this subdivision (h)(2), the clerk shall, on a monthly basis, send the money to the state treasurer who shall deposit it in the domestic violence community education fund created by § 36-3-616 .
(1) Upon violation of a lifetime order of protection, the court may hold the defendant in civil or criminal contempt and, following a contempt hearing as provided in § 36-3-612 , punish the defendant in accordance with the law. A judge of the general sessions court has the same power as a court of record to punish the defendant for contempt when exercising jurisdiction pursuant to this part or when exercising concurrent jurisdiction with a court of record. A judge of the general sessions court who is not a licensed attorney shall appoint an attorney referee to hear charges of criminal contempt.
(2) In addition to the authorized punishments for contempt of court, the judge may assess any person who violates a lifetime order of protection a civil penalty of fifty dollars ($50.00). The judge may further order that any support payment made pursuant to an order of protection or a court-approved consent agreement be made under an income assignment to the clerk of court. Upon collecting the civil penalty imposed by this subdivision (h)(2), the clerk shall, on a monthly basis, send the money to the state treasurer who shall deposit it in the domestic violence community education fund created by § 36-3-616 .
(i) An arrest for violation of a lifetime order of protection issued pursuant to this section may be with or without warrant. A law enforcement officer shall arrest the respondent without a warrant if: (1) The officer has proper jurisdiction over the area in which the violation occurred; (2) The officer has reasonable cause to believe the respondent has violated or is in violation of a lifetime order for protection; and (3) The officer has verified whether a lifetime order of protection is in effect against the respondent. If necessary, the officer may verify the existence of a lifetime order for protection by telephone or radio communication with the appropriate law enforcement agency.
(1) The officer has proper jurisdiction over the area in which the violation occurred;
(2) The officer has reasonable cause to believe the respondent has violated or is in violation of a lifetime order for protection; and
(3) The officer has verified whether a lifetime order of protection is in effect against the respondent. If necessary, the officer may verify the existence of a lifetime order for protection by telephone or radio communication with the appropriate law enforcement agency.
Amended by 2024 Tenn. Acts, ch. 632,s 1, eff. 4/2/2024.
Added by 2021 Tenn. Acts, ch. 60, s 2, eff. 7/1/2021.
Tenn. Code Ann. § 36-3-105 — TN Code / Title 36 / Chapter 3 / Section 36-3-105
Minimum age of applicant for license
Status: in_force

(a) It is unlawful for any county clerk or deputy clerk in this state to issue a marriage license to any person where: (1) Either of the contracting parties is under seventeen (17) years of age; or (2) One (1) of the contracting parties is at least seventeen (17) years of age but less than eighteen (18) years of age and the other contracting party is at least four (4) years older than the minor contracting party. (b) Any marriage contracted in violation of subsection (a) may be annulled upon proper proceedings therefor by such person or any interested person acting in the person's behalf. Amended by 2018 Tenn. Acts, ch. 1049,s 3, eff. 5/21/2018. Acts 1937, ch. 81, § 1; C. Supp. 1950, § 8414.1; T.C.A. (orig. ed.), § 36-407.
(a) It is unlawful for any county clerk or deputy clerk in this state to issue a marriage license to any person where: (1) Either of the contracting parties is under seventeen (17) years of age; or (2) One (1) of the contracting parties is at least seventeen (17) years of age but less than eighteen (18) years of age and the other contracting party is at least four (4) years older than the minor contracting party.
(1) Either of the contracting parties is under seventeen (17) years of age; or
(2) One (1) of the contracting parties is at least seventeen (17) years of age but less than eighteen (18) years of age and the other contracting party is at least four (4) years older than the minor contracting party.
(b) Any marriage contracted in violation of subsection (a) may be annulled upon proper proceedings therefor by such person or any interested person acting in the person's behalf.
Amended by 2018 Tenn. Acts, ch. 1049,s 3, eff. 5/21/2018.
Acts 1937, ch. 81, § 1; C. Supp. 1950, § 8414.1; T.C.A. (orig. ed.), § 36-407.
Tenn. Code Ann. § 36-3-302 — TN Code / Title 36 / Chapter 3 / Section 36-3-302
Formula not required
Status: in_force

(a) No formula need be observed in such solemnization, except that the parties shall respectively declare, in the presence of the minister or officer, that they accept each other as husband and/or wife. (b) For the purposes of satisfying the requirement in subsection (a) that each party must make a declaration in the presence of a minister or officer, a member of the armed forces of the United States may appear at the marriage ceremony via video conferencing if: (1) The member of the armed forces is stationed in another country in support of combat or another military operation; (2) A commissioned officer is present with, and confirms the identity of, the member of the armed forces; (3) A person authorized to solemnize marriages pursuant to § 36-3-301 is present with, and confirms the identity of, the person who is marrying the member of the armed forces; and (4) The person who is marrying the member of the armed forces is present in this state. Amended by 2017 Tenn. Acts, ch. 397,s 2, eff. 5/18/2017. Code 1858, § 2440; Shan., § 4190; Code 1932, § 8413; T.C.A. (orig. ed.), § 36-416.
(a) No formula need be observed in such solemnization, except that the parties shall respectively declare, in the presence of the minister or officer, that they accept each other as husband and/or wife.
(b) For the purposes of satisfying the requirement in subsection (a) that each party must make a declaration in the presence of a minister or officer, a member of the armed forces of the United States may appear at the marriage ceremony via video conferencing if: (1) The member of the armed forces is stationed in another country in support of combat or another military operation; (2) A commissioned officer is present with, and confirms the identity of, the member of the armed forces; (3) A person authorized to solemnize marriages pursuant to § 36-3-301 is present with, and confirms the identity of, the person who is marrying the member of the armed forces; and (4) The person who is marrying the member of the armed forces is present in this state.
(1) The member of the armed forces is stationed in another country in support of combat or another military operation;
(2) A commissioned officer is present with, and confirms the identity of, the member of the armed forces;
(3) A person authorized to solemnize marriages pursuant to § 36-3-301 is present with, and confirms the identity of, the person who is marrying the member of the armed forces; and
(4) The person who is marrying the member of the armed forces is present in this state.
Amended by 2017 Tenn. Acts, ch. 397,s 2, eff. 5/18/2017.
Code 1858, § 2440; Shan., § 4190; Code 1932, § 8413; T.C.A. (orig. ed.), § 36-416.
Tenn. Code Ann. § 36-5-911 — TN Code / Title 36 / Chapter 5 / Section 36-5-911
Cooperation by state and local agencies
Status: in_force

All state and local agencies shall cooperate with the department of human services to carry out this part. Nothing in this section shall be construed to require or permit the shifting of the costs for provision of computer terminal hardware or software pursuant to § 36-5-901(b)(3) from the state to any local government. Acts 1997, ch. 551, § 12.
All state and local agencies shall cooperate with the department of human services to carry out this part. Nothing in this section shall be construed to require or permit the shifting of the costs for provision of computer terminal hardware or software pursuant to § 36-5-901(b)(3) from the state to any local government.
Acts 1997, ch. 551, § 12.
Tenn. Code Ann. § 36-6-103 — TN Code / Title 36 / Chapter 6 / Section 36-6-103
Child's medical records
Status: in_force

(a) (1) A copy of a child's medical records shall be furnished by the treating physician or treating hospital upon a written request by any of the following: (A) The noncustodial parent; (B) In the case of parents having joint custody of a child, the parent with whom the child is not residing; or (C) In the case of a child in the custody of a legal guardian, then either parent. (2) Such request must contain the current address of the requesting party. (3) Upon receiving such a request, the treating physician or hospital shall send a copy of the medical records to the requesting party unless furnished with a court order closing the records. (4) All expenses for records shall be paid by the requesting party. (b) Any judge having jurisdiction over the custody of such child may close the medical records of the child to the requesting parent upon a showing that the best interests of the child will be harmed if the records are released. Acts 1987, ch. 237, § 1; 1989, ch. 381, § 1.
(a) (1) A copy of a child's medical records shall be furnished by the treating physician or treating hospital upon a written request by any of the following: (A) The noncustodial parent; (B) In the case of parents having joint custody of a child, the parent with whom the child is not residing; or (C) In the case of a child in the custody of a legal guardian, then either parent. (2) Such request must contain the current address of the requesting party. (3) Upon receiving such a request, the treating physician or hospital shall send a copy of the medical records to the requesting party unless furnished with a court order closing the records. (4) All expenses for records shall be paid by the requesting party.
(1) A copy of a child's medical records shall be furnished by the treating physician or treating hospital upon a written request by any of the following: (A) The noncustodial parent; (B) In the case of parents having joint custody of a child, the parent with whom the child is not residing; or (C) In the case of a child in the custody of a legal guardian, then either parent.
(A) The noncustodial parent;
(B) In the case of parents having joint custody of a child, the parent with whom the child is not residing; or
(C) In the case of a child in the custody of a legal guardian, then either parent.
(2) Such request must contain the current address of the requesting party.
(3) Upon receiving such a request, the treating physician or hospital shall send a copy of the medical records to the requesting party unless furnished with a court order closing the records.
(4) All expenses for records shall be paid by the requesting party.
(b) Any judge having jurisdiction over the custody of such child may close the medical records of the child to the requesting parent upon a showing that the best interests of the child will be harmed if the records are released.
Acts 1987, ch. 237, § 1; 1989, ch. 381, § 1.