Tenn. Code Ann. § 37-1-612 — TN Code / Title 37 / Chapter 1 / Section 37-1-612
Confidentiality of records and reports - Violations - Access to records - Confirmation of investigation - Anonymity of abuse reporters
Status: in_force

(a) In order to protect the rights of the child and the child's parents or other persons responsible for the child's welfare, all records concerning reports of child sexual abuse, including files, reports, records, communications and working papers related to investigations or providing services; video tapes; reports made to the abuse registry and to local offices of the department; and all records generated as a result of such processes and reports, shall be confidential and exempt from other provisions of law, and shall not be disclosed, except as specifically authorized by chapter 5, part 5 of this title, this part and part 4 of this chapter. (b) Except as otherwise provided in § 37-5-107 , this part or part 4 of this chapter, it is unlawful for any person, except for purposes directly connected with the administration of this part, to disclose, receive, make use of, authorize or knowingly permit, participate in, or acquiesce to the use of any list or name, or any information concerning a report or investigation of a report of harm under this part, directly or indirectly derived from the records, papers, files or communications of the department or other entities authorized by law to assist the department when such information was acquired in the course of the performance of official duties. Disclosure may be made to persons and entities directly involved in administration of this part, including: (1) Department employees, medical professionals, and contract or other agency employees who provide services, including those from child advocacy centers, to children and families; and (2) The attorney or guardian ad litem for a child who is the subject of the records. Information shared with such persons and entities does not lose its character as confidential. (c) In addition to such other purposes as may be directly connected with the administration of this part, access to such records, excluding the name of the reporter, which shall be released only as provided in subsection (g), shall be granted to the following persons, officials, or agencies for the following purposes: (1) A law enforcement agency investigating a report of known or suspected child sexual abuse; (2) The district attorney general of the judicial district in which the child resides or in which the alleged abuse occurred; (3) A grand jury, by subpoena, upon its determination that access to such records is necessary in the conduct of its official business; (4) Any person engaged in bona fide research or audit purposes. However, no information identifying the subjects of the report shall be made available to the researcher unless such information is absolutely essential to the research purpose, suitable provision is made to maintain the confidentiality of the data and the department has given written approval; (5) A court official, probation and parole officer, designated employee of the department of correction or board of probation and parole or other similarly situated individual charged with the responsibility of preparing information to be presented in any administrative or judicial proceeding concerning any individual charged with or convicted of any offense involving child abuse or neglect or child sexual abuse; (6) An attorney or next friend who is authorized to act on behalf of the child, who is the subject of the records, for the purpose of recovering damages or other remedies authorized by law in a civil cause of action against the perpetrator or other person or persons who may be responsible for the actions of the perpetrator; (7) An attorney or next friend who is authorized to act on behalf of another child, who has been the victim of other abuse by the same perpetrator, for the purpose of recovering damages or other remedies authorized by law in a civil cause of action against the perpetrator or other person or persons who may be responsible for the actions of the perpetrator against such other child; provided, however, that: (A) The name and identity of such other child shall be revealed only to the attorney or next friend of such other child, to the parties and to their respective counsel in the civil cause of action in which such damages or other remedies are sought, and to the trial judge who presides over the action; (B) An appropriate protective order must be entered prior to such disclosure; and (C) Before any attempt is made to introduce into evidence in the civil cause of action either the records or information obtained from the records, written consent must be obtained from: (i) Each parent or guardian having sole or joint custody of such other child, if the child has not yet attained the age of majority; or (ii) The former child, if such child has now attained the age of majority; and (8) Members of the Tennessee claims commission, its staff and employees of the division of claims and risk management for the purpose of determining if: (A) A claim filed with the commission based on facts contained in the record constitutes a compensable criminal offense under the Criminal Injuries Compensation Act, compiled in title 29, chapter 13; (B) The offense alleged occurred; and (C) The claimant's injuries were the result of the offense. (d) The department may release to professional persons such information as is necessary for the diagnosis and treatment of the child or the person perpetrating the sexual abuse. (e) The department may confirm whether a child sexual abuse investigation has been commenced, but may not divulge, except as permitted under this part, any details about the case, including, but not limited to, the name of the reporter, the alleged victim, or the alleged perpetrator. (f) The department shall adopt such rules as may be necessary to carry out the following purposes: (1) The establishment of administrative and due process procedures for the disclosure of the contents of its files and the results of its investigations for the purpose of protecting children from child sexual abuse; and (2) For other purposes directly connected with the administration of this chapter, including, but not limited to, cooperation with schools, child care agencies, residential and institutional child care providers, child protection agencies, individuals providing care or protection for the child, medical and mental health personnel providing care for the child and the child's family and the perpetrator of any form of child abuse or neglect, law enforcement agencies, the judicial and correctional systems, and for cooperation with scientific and governmental research on child abuse and neglect. (g) The name of any person reporting child sexual abuse shall in no case be released to any person other than employees of the department or other child protection team members responsible for child protective services, the abuse registry, or the appropriate district attorney general upon subpoena of the Tennessee bureau of investigation without the written consent of the person reporting. This shall not prohibit the subpoenaing of a person reporting child sexual abuse when deemed necessary by the district attorney general or the department to protect a child who is the subject of a report; provided, that the fact that such person made the report is not disclosed. Any person who reports a case of child sexual abuse may, at the time the person makes the report, request that the department notify such person that a child protective investigation occurred as a result of the report. The department shall mail such a notice to the reporter within ten (10) days of the completion of the child protective investigation. (h) For purposes directly connected with the administration of this part and part 4 of this chapter, the department may disclose any relevant information to the court, administrative board or hearing officer, the parties, or their legal representatives in any proceeding that may be brought in any court, or before any administrative board or hearing officer, for the purpose of protecting a child or children from child abuse or neglect or child sexual abuse. In the event of any disagreement between the department and any other parties as to what information should be disclosed, the court, administrative board or hearing officer may enter an order allowing access to any information that it finds necessary for the proper disposition of the case. The court, administrative board or hearing officer may order any information disclosed in such proceeding to be placed and kept under seal and not to be open to public inspection to the extent it finds it necessary to protect the child. This provision shall not be construed to allow any person to gain access to any identifying information about a child who is not the subject of the proceeding. Acts 1985, ch. 478, § 13; 1987, ch. 145, §§ 12-14, 16, 17, 24; 1988, ch. 953, § 10; 1998, ch. 1049, § 5; 1999, ch. 522, §§ 1, 2; 2000, ch. 981, §§ 51, 74; 2001, ch. 401, § 3; 2007, ch. 476, § 1; 2008, ch. 1146, § 2.
(a) In order to protect the rights of the child and the child's parents or other persons responsible for the child's welfare, all records concerning reports of child sexual abuse, including files, reports, records, communications and working papers related to investigations or providing services; video tapes; reports made to the abuse registry and to local offices of the department; and all records generated as a result of such processes and reports, shall be confidential and exempt from other provisions of law, and shall not be disclosed, except as specifically authorized by chapter 5, part 5 of this title, this part and part 4 of this chapter.
(b) Except as otherwise provided in § 37-5-107 , this part or part 4 of this chapter, it is unlawful for any person, except for purposes directly connected with the administration of this part, to disclose, receive, make use of, authorize or knowingly permit, participate in, or acquiesce to the use of any list or name, or any information concerning a report or investigation of a report of harm under this part, directly or indirectly derived from the records, papers, files or communications of the department or other entities authorized by law to assist the department when such information was acquired in the course of the performance of official duties. Disclosure may be made to persons and entities directly involved in administration of this part, including: (1) Department employees, medical professionals, and contract or other agency employees who provide services, including those from child advocacy centers, to children and families; and (2) The attorney or guardian ad litem for a child who is the subject of the records. Information shared with such persons and entities does not lose its character as confidential.
(1) Department employees, medical professionals, and contract or other agency employees who provide services, including those from child advocacy centers, to children and families; and
(2) The attorney or guardian ad litem for a child who is the subject of the records. Information shared with such persons and entities does not lose its character as confidential.
(c) In addition to such other purposes as may be directly connected with the administration of this part, access to such records, excluding the name of the reporter, which shall be released only as provided in subsection (g), shall be granted to the following persons, officials, or agencies for the following purposes: (1) A law enforcement agency investigating a report of known or suspected child sexual abuse; (2) The district attorney general of the judicial district in which the child resides or in which the alleged abuse occurred; (3) A grand jury, by subpoena, upon its determination that access to such records is necessary in the conduct of its official business; (4) Any person engaged in bona fide research or audit purposes. However, no information identifying the subjects of the report shall be made available to the researcher unless such information is absolutely essential to the research purpose, suitable provision is made to maintain the confidentiality of the data and the department has given written approval; (5) A court official, probation and parole officer, designated employee of the department of correction or board of probation and parole or other similarly situated individual charged with the responsibility of preparing information to be presented in any administrative or judicial proceeding concerning any individual charged with or convicted of any offense involving child abuse or neglect or child sexual abuse; (6) An attorney or next friend who is authorized to act on behalf of the child, who is the subject of the records, for the purpose of recovering damages or other remedies authorized by law in a civil cause of action against the perpetrator or other person or persons who may be responsible for the actions of the perpetrator; (7) An attorney or next friend who is authorized to act on behalf of another child, who has been the victim of other abuse by the same perpetrator, for the purpose of recovering damages or other remedies authorized by law in a civil cause of action against the perpetrator or other person or persons who may be responsible for the actions of the perpetrator against such other child; provided, however, that: (A) The name and identity of such other child shall be revealed only to the attorney or next friend of such other child, to the parties and to their respective counsel in the civil cause of action in which such damages or other remedies are sought, and to the trial judge who presides over the action; (B) An appropriate protective order must be entered prior to such disclosure; and (C) Before any attempt is made to introduce into evidence in the civil cause of action either the records or information obtained from the records, written consent must be obtained from: (i) Each parent or guardian having sole or joint custody of such other child, if the child has not yet attained the age of majority; or (ii) The former child, if such child has now attained the age of majority; and (8) Members of the Tennessee claims commission, its staff and employees of the division of claims and risk management for the purpose of determining if: (A) A claim filed with the commission based on facts contained in the record constitutes a compensable criminal offense under the Criminal Injuries Compensation Act, compiled in title 29, chapter 13; (B) The offense alleged occurred; and (C) The claimant's injuries were the result of the offense.
(1) A law enforcement agency investigating a report of known or suspected child sexual abuse;
(2) The district attorney general of the judicial district in which the child resides or in which the alleged abuse occurred;
(3) A grand jury, by subpoena, upon its determination that access to such records is necessary in the conduct of its official business;
(4) Any person engaged in bona fide research or audit purposes. However, no information identifying the subjects of the report shall be made available to the researcher unless such information is absolutely essential to the research purpose, suitable provision is made to maintain the confidentiality of the data and the department has given written approval;
(5) A court official, probation and parole officer, designated employee of the department of correction or board of probation and parole or other similarly situated individual charged with the responsibility of preparing information to be presented in any administrative or judicial proceeding concerning any individual charged with or convicted of any offense involving child abuse or neglect or child sexual abuse;
(6) An attorney or next friend who is authorized to act on behalf of the child, who is the subject of the records, for the purpose of recovering damages or other remedies authorized by law in a civil cause of action against the perpetrator or other person or persons who may be responsible for the actions of the perpetrator;
(7) An attorney or next friend who is authorized to act on behalf of another child, who has been the victim of other abuse by the same perpetrator, for the purpose of recovering damages or other remedies authorized by law in a civil cause of action against the perpetrator or other person or persons who may be responsible for the actions of the perpetrator against such other child; provided, however, that: (A) The name and identity of such other child shall be revealed only to the attorney or next friend of such other child, to the parties and to their respective counsel in the civil cause of action in which such damages or other remedies are sought, and to the trial judge who presides over the action; (B) An appropriate protective order must be entered prior to such disclosure; and (C) Before any attempt is made to introduce into evidence in the civil cause of action either the records or information obtained from the records, written consent must be obtained from: (i) Each parent or guardian having sole or joint custody of such other child, if the child has not yet attained the age of majority; or (ii) The former child, if such child has now attained the age of majority; and
(A) The name and identity of such other child shall be revealed only to the attorney or next friend of such other child, to the parties and to their respective counsel in the civil cause of action in which such damages or other remedies are sought, and to the trial judge who presides over the action;
(B) An appropriate protective order must be entered prior to such disclosure; and
(C) Before any attempt is made to introduce into evidence in the civil cause of action either the records or information obtained from the records, written consent must be obtained from: (i) Each parent or guardian having sole or joint custody of such other child, if the child has not yet attained the age of majority; or (ii) The former child, if such child has now attained the age of majority; and
(i) Each parent or guardian having sole or joint custody of such other child, if the child has not yet attained the age of majority; or
(ii) The former child, if such child has now attained the age of majority; and
(8) Members of the Tennessee claims commission, its staff and employees of the division of claims and risk management for the purpose of determining if: (A) A claim filed with the commission based on facts contained in the record constitutes a compensable criminal offense under the Criminal Injuries Compensation Act, compiled in title 29, chapter 13; (B) The offense alleged occurred; and (C) The claimant's injuries were the result of the offense.
(A) A claim filed with the commission based on facts contained in the record constitutes a compensable criminal offense under the Criminal Injuries Compensation Act, compiled in title 29, chapter 13;
(B) The offense alleged occurred; and
(C) The claimant's injuries were the result of the offense.
(d) The department may release to professional persons such information as is necessary for the diagnosis and treatment of the child or the person perpetrating the sexual abuse.
(e) The department may confirm whether a child sexual abuse investigation has been commenced, but may not divulge, except as permitted under this part, any details about the case, including, but not limited to, the name of the reporter, the alleged victim, or the alleged perpetrator.
(f) The department shall adopt such rules as may be necessary to carry out the following purposes: (1) The establishment of administrative and due process procedures for the disclosure of the contents of its files and the results of its investigations for the purpose of protecting children from child sexual abuse; and (2) For other purposes directly connected with the administration of this chapter, including, but not limited to, cooperation with schools, child care agencies, residential and institutional child care providers, child protection agencies, individuals providing care or protection for the child, medical and mental health personnel providing care for the child and the child's family and the perpetrator of any form of child abuse or neglect, law enforcement agencies, the judicial and correctional systems, and for cooperation with scientific and governmental research on child abuse and neglect.
(1) The establishment of administrative and due process procedures for the disclosure of the contents of its files and the results of its investigations for the purpose of protecting children from child sexual abuse; and
(2) For other purposes directly connected with the administration of this chapter, including, but not limited to, cooperation with schools, child care agencies, residential and institutional child care providers, child protection agencies, individuals providing care or protection for the child, medical and mental health personnel providing care for the child and the child's family and the perpetrator of any form of child abuse or neglect, law enforcement agencies, the judicial and correctional systems, and for cooperation with scientific and governmental research on child abuse and neglect.
(g) The name of any person reporting child sexual abuse shall in no case be released to any person other than employees of the department or other child protection team members responsible for child protective services, the abuse registry, or the appropriate district attorney general upon subpoena of the Tennessee bureau of investigation without the written consent of the person reporting. This shall not prohibit the subpoenaing of a person reporting child sexual abuse when deemed necessary by the district attorney general or the department to protect a child who is the subject of a report; provided, that the fact that such person made the report is not disclosed. Any person who reports a case of child sexual abuse may, at the time the person makes the report, request that the department notify such person that a child protective investigation occurred as a result of the report. The department shall mail such a notice to the reporter within ten (10) days of the completion of the child protective investigation.
(h) For purposes directly connected with the administration of this part and part 4 of this chapter, the department may disclose any relevant information to the court, administrative board or hearing officer, the parties, or their legal representatives in any proceeding that may be brought in any court, or before any administrative board or hearing officer, for the purpose of protecting a child or children from child abuse or neglect or child sexual abuse. In the event of any disagreement between the department and any other parties as to what information should be disclosed, the court, administrative board or hearing officer may enter an order allowing access to any information that it finds necessary for the proper disposition of the case. The court, administrative board or hearing officer may order any information disclosed in such proceeding to be placed and kept under seal and not to be open to public inspection to the extent it finds it necessary to protect the child. This provision shall not be construed to allow any person to gain access to any identifying information about a child who is not the subject of the proceeding.
Acts 1985, ch. 478, § 13; 1987, ch. 145, §§ 12-14, 16, 17, 24; 1988, ch. 953, § 10; 1998, ch. 1049, § 5; 1999, ch. 522, §§ 1, 2; 2000, ch. 981, §§ 51, 74; 2001, ch. 401, § 3; 2007, ch. 476, § 1; 2008, ch. 1146, § 2.
Tenn. Code Ann. § 37-1-114 — TN Code / Title 37 / Chapter 1 / Section 37-1-114
Detention or shelter care of child prior to hearing on petition
Status: in_force

(a) A child taken into custody shall not be detained or placed in shelter care prior to the hearing on the petition unless there is probable cause to believe that the child: (1) Has committed the delinquent or unruly act with which the child is charged; or (2) Is a neglected, dependent or abused child, and in either case the child's detention or shelter care is required because the child is subject to an immediate threat to the child's health or safety to the extent that delay for a hearing would be likely to result in severe or irreparable harm, or the child may abscond or be removed from the jurisdiction of the court, and in either case, there is no less drastic alternative to removal of the child from the custody of the child's parent, guardian, legal custodian or the person who physically possesses or controls the child available that would reasonably and adequately protect the child's health or safety or prevent the child's removal from the jurisdiction of the court pending a hearing. (b) Children alleged to be unruly shall not be detained for more than twenty-four (24) hours, excluding nonjudicial days unless there has been a detention hearing and a judicial determination that there is probable cause to believe the child has violated a valid court order, and in no event shall such a child be detained for more than seventy-two (72) hours exclusive of nonjudicial days prior to an adjudicatory hearing. Nothing herein prohibits the court from ordering the placement of children in shelter care where appropriate, and such placement shall not be considered detention within the meaning of this section. (c) A child shall not be detained in any secure facility or secure portion of any facility unless: (1) There is probable cause to believe the child has committed a delinquent offense constituting: (A) A crime against a person resulting in the serious injury or death of the victim or involving the likelihood of serious injury or death to such victim; (B) The unlawful possession of a handgun or carrying of a weapon, as prohibited by title 39, chapter 17, part 13; (C) Burglary, under § 39-13-1002 , aggravated burglary, under § 39-13-1003 , especially aggravated burglary, under § 39-13-1004 , an offense under title 39, chapter 13, part 4, or theft, under § 39-14-103 , of a motor vehicle; or (D) A threat of mass violence on school property, as prohibited by § 39-16-517 . The court may order a child held under this subdivision (c)(1)(D) to undergo a mental health evaluation under § 37-1-128(e) if appropriate; (2) There is probable cause to believe the child has committed any other delinquent offense involving the likelihood of serious physical injury or death, or an offense constituting a felony, violation of probation or violation of aftercare, and the child: (A) Is currently on probation; (B) Is currently awaiting court action on a previous alleged delinquent offense; (C) Is alleged to be an escapee or absconder from a juvenile facility, institution or other court-ordered placement; or (D) Has, within the previous twelve (12) months, willfully failed to appear at any juvenile court hearing, engaged in violent conduct resulting in serious injury to another person or involving the likelihood of serious injury or death, or been adjudicated delinquent by virtue of an offense constituting a felony if committed by an adult; (3) There is probable cause to believe the child has committed a delinquent offense, and special circumstances in accordance with the provisions of subsection (a) indicate the child should be detained; however, in any such case, the judge shall, within twenty-four (24) hours of the actual detention, excluding nonjudicial days, issue a written order on a form prescribed by the Tennessee council of juvenile and family court judges setting forth the specific reasons necessitating such detention. Nothing in this subdivision (c)(3) shall be construed as requiring a hearing or formal finding of fact, except as otherwise required by § 37-1-117 ; (4) The child is alleged to be an escapee from a secure juvenile facility or institution; (5) The child is wanted in another jurisdiction for an offense that, if committed by an adult, would be a felony in that jurisdiction; (6) There is probable cause to believe the child is an unruly child who has violated a valid court order or who is a runaway from another jurisdiction. Any detention of such a child shall be in compliance with subsection (b); (7) In addition to any of the conditions listed in subdivisions (c)(1)-(6), there is no less restrictive alternative that will reduce the risk of flight or of serious physical harm to the child or to others, including placement of the child with a parent, guardian, legal custodian or relative; use of any of the alternatives listed in § 37-1-116(g) ; or the setting of bail; and (8) For the purposes of this subsection (c), "serious physical injury" includes conduct that would constitute the offenses of aggravated rape, rape and aggravated sexual battery. Amended by 2021 Tenn. Acts, ch. 395, s 2, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 105, s 1, eff. 4/7/2021. Amended by 2013 Tenn. Acts, ch. 255, s 1, eff. 4/19/2013. Acts 1970, ch. 600, § 14; 1979, ch. 289, § 3; 1980, ch. 595, § 1; 1981, ch. 247, § 3; 1982, ch. 882, § 1; 1983, ch. 137, § 1; 1983, ch. 408, § 3; T.C.A., § 37-214; Acts 1994, ch. 998, § 2; 1995, ch. 85, § 1; 1999, ch. 524, § 1.
(a) A child taken into custody shall not be detained or placed in shelter care prior to the hearing on the petition unless there is probable cause to believe that the child: (1) Has committed the delinquent or unruly act with which the child is charged; or (2) Is a neglected, dependent or abused child, and in either case the child's detention or shelter care is required because the child is subject to an immediate threat to the child's health or safety to the extent that delay for a hearing would be likely to result in severe or irreparable harm, or the child may abscond or be removed from the jurisdiction of the court, and in either case, there is no less drastic alternative to removal of the child from the custody of the child's parent, guardian, legal custodian or the person who physically possesses or controls the child available that would reasonably and adequately protect the child's health or safety or prevent the child's removal from the jurisdiction of the court pending a hearing.
(1) Has committed the delinquent or unruly act with which the child is charged; or
(2) Is a neglected, dependent or abused child, and in either case the child's detention or shelter care is required because the child is subject to an immediate threat to the child's health or safety to the extent that delay for a hearing would be likely to result in severe or irreparable harm, or the child may abscond or be removed from the jurisdiction of the court, and in either case, there is no less drastic alternative to removal of the child from the custody of the child's parent, guardian, legal custodian or the person who physically possesses or controls the child available that would reasonably and adequately protect the child's health or safety or prevent the child's removal from the jurisdiction of the court pending a hearing.
(b) Children alleged to be unruly shall not be detained for more than twenty-four (24) hours, excluding nonjudicial days unless there has been a detention hearing and a judicial determination that there is probable cause to believe the child has violated a valid court order, and in no event shall such a child be detained for more than seventy-two (72) hours exclusive of nonjudicial days prior to an adjudicatory hearing. Nothing herein prohibits the court from ordering the placement of children in shelter care where appropriate, and such placement shall not be considered detention within the meaning of this section.
(c) A child shall not be detained in any secure facility or secure portion of any facility unless: (1) There is probable cause to believe the child has committed a delinquent offense constituting: (A) A crime against a person resulting in the serious injury or death of the victim or involving the likelihood of serious injury or death to such victim; (B) The unlawful possession of a handgun or carrying of a weapon, as prohibited by title 39, chapter 17, part 13; (C) Burglary, under § 39-13-1002 , aggravated burglary, under § 39-13-1003 , especially aggravated burglary, under § 39-13-1004 , an offense under title 39, chapter 13, part 4, or theft, under § 39-14-103 , of a motor vehicle; or (D) A threat of mass violence on school property, as prohibited by § 39-16-517 . The court may order a child held under this subdivision (c)(1)(D) to undergo a mental health evaluation under § 37-1-128(e) if appropriate; (2) There is probable cause to believe the child has committed any other delinquent offense involving the likelihood of serious physical injury or death, or an offense constituting a felony, violation of probation or violation of aftercare, and the child: (A) Is currently on probation; (B) Is currently awaiting court action on a previous alleged delinquent offense; (C) Is alleged to be an escapee or absconder from a juvenile facility, institution or other court-ordered placement; or (D) Has, within the previous twelve (12) months, willfully failed to appear at any juvenile court hearing, engaged in violent conduct resulting in serious injury to another person or involving the likelihood of serious injury or death, or been adjudicated delinquent by virtue of an offense constituting a felony if committed by an adult; (3) There is probable cause to believe the child has committed a delinquent offense, and special circumstances in accordance with the provisions of subsection (a) indicate the child should be detained; however, in any such case, the judge shall, within twenty-four (24) hours of the actual detention, excluding nonjudicial days, issue a written order on a form prescribed by the Tennessee council of juvenile and family court judges setting forth the specific reasons necessitating such detention. Nothing in this subdivision (c)(3) shall be construed as requiring a hearing or formal finding of fact, except as otherwise required by § 37-1-117 ; (4) The child is alleged to be an escapee from a secure juvenile facility or institution; (5) The child is wanted in another jurisdiction for an offense that, if committed by an adult, would be a felony in that jurisdiction; (6) There is probable cause to believe the child is an unruly child who has violated a valid court order or who is a runaway from another jurisdiction. Any detention of such a child shall be in compliance with subsection (b); (7) In addition to any of the conditions listed in subdivisions (c)(1)-(6), there is no less restrictive alternative that will reduce the risk of flight or of serious physical harm to the child or to others, including placement of the child with a parent, guardian, legal custodian or relative; use of any of the alternatives listed in § 37-1-116(g) ; or the setting of bail; and (8) For the purposes of this subsection (c), "serious physical injury" includes conduct that would constitute the offenses of aggravated rape, rape and aggravated sexual battery.
(1) There is probable cause to believe the child has committed a delinquent offense constituting: (A) A crime against a person resulting in the serious injury or death of the victim or involving the likelihood of serious injury or death to such victim; (B) The unlawful possession of a handgun or carrying of a weapon, as prohibited by title 39, chapter 17, part 13; (C) Burglary, under § 39-13-1002 , aggravated burglary, under § 39-13-1003 , especially aggravated burglary, under § 39-13-1004 , an offense under title 39, chapter 13, part 4, or theft, under § 39-14-103 , of a motor vehicle; or (D) A threat of mass violence on school property, as prohibited by § 39-16-517 . The court may order a child held under this subdivision (c)(1)(D) to undergo a mental health evaluation under § 37-1-128(e) if appropriate;
(A) A crime against a person resulting in the serious injury or death of the victim or involving the likelihood of serious injury or death to such victim;
(B) The unlawful possession of a handgun or carrying of a weapon, as prohibited by title 39, chapter 17, part 13;
(C) Burglary, under § 39-13-1002 , aggravated burglary, under § 39-13-1003 , especially aggravated burglary, under § 39-13-1004 , an offense under title 39, chapter 13, part 4, or theft, under § 39-14-103 , of a motor vehicle; or
(D) A threat of mass violence on school property, as prohibited by § 39-16-517 . The court may order a child held under this subdivision (c)(1)(D) to undergo a mental health evaluation under § 37-1-128(e) if appropriate;
(2) There is probable cause to believe the child has committed any other delinquent offense involving the likelihood of serious physical injury or death, or an offense constituting a felony, violation of probation or violation of aftercare, and the child: (A) Is currently on probation; (B) Is currently awaiting court action on a previous alleged delinquent offense; (C) Is alleged to be an escapee or absconder from a juvenile facility, institution or other court-ordered placement; or (D) Has, within the previous twelve (12) months, willfully failed to appear at any juvenile court hearing, engaged in violent conduct resulting in serious injury to another person or involving the likelihood of serious injury or death, or been adjudicated delinquent by virtue of an offense constituting a felony if committed by an adult;
(A) Is currently on probation;
(B) Is currently awaiting court action on a previous alleged delinquent offense;
(C) Is alleged to be an escapee or absconder from a juvenile facility, institution or other court-ordered placement; or
(D) Has, within the previous twelve (12) months, willfully failed to appear at any juvenile court hearing, engaged in violent conduct resulting in serious injury to another person or involving the likelihood of serious injury or death, or been adjudicated delinquent by virtue of an offense constituting a felony if committed by an adult;
(3) There is probable cause to believe the child has committed a delinquent offense, and special circumstances in accordance with the provisions of subsection (a) indicate the child should be detained; however, in any such case, the judge shall, within twenty-four (24) hours of the actual detention, excluding nonjudicial days, issue a written order on a form prescribed by the Tennessee council of juvenile and family court judges setting forth the specific reasons necessitating such detention. Nothing in this subdivision (c)(3) shall be construed as requiring a hearing or formal finding of fact, except as otherwise required by § 37-1-117 ;
(4) The child is alleged to be an escapee from a secure juvenile facility or institution;
(5) The child is wanted in another jurisdiction for an offense that, if committed by an adult, would be a felony in that jurisdiction;
(6) There is probable cause to believe the child is an unruly child who has violated a valid court order or who is a runaway from another jurisdiction. Any detention of such a child shall be in compliance with subsection (b);
(7) In addition to any of the conditions listed in subdivisions (c)(1)-(6), there is no less restrictive alternative that will reduce the risk of flight or of serious physical harm to the child or to others, including placement of the child with a parent, guardian, legal custodian or relative; use of any of the alternatives listed in § 37-1-116(g) ; or the setting of bail; and
(8) For the purposes of this subsection (c), "serious physical injury" includes conduct that would constitute the offenses of aggravated rape, rape and aggravated sexual battery.
Amended by 2021 Tenn. Acts, ch. 395, s 2, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 105, s 1, eff. 4/7/2021.
Amended by 2013 Tenn. Acts, ch. 255, s 1, eff. 4/19/2013.
Acts 1970, ch. 600, § 14; 1979, ch. 289, § 3; 1980, ch. 595, § 1; 1981, ch. 247, § 3; 1982, ch. 882, § 1; 1983, ch. 137, § 1; 1983, ch. 408, § 3; T.C.A., § 37-214; Acts 1994, ch. 998, § 2; 1995, ch. 85, § 1; 1999, ch. 524, § 1.
Tenn. Code Ann. § 37-1-506 — TN Code / Title 37 / Chapter 1 / Section 37-1-506
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 184, s 3, eff. 7/1/2021. Amended by 2018 Tenn. Acts, ch. 1052, s 52, eff. 7/1/2018. Amended by 2017 Tenn. Acts, ch. 140, s 1, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 1005, s 2, eff. 7/1/2016. Acts 1982, ch. 937, § 1; T.C.A., § 37-283; Acts 1990, ch. 1024, § 19; 1999, ch. 264, §§ 1, 2.
Repealed by 2021 Tenn. Acts, ch. 184, s 3, eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 1052, s 52, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 140, s 1, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 1005, s 2, eff. 7/1/2016.
Acts 1982, ch. 937, § 1; T.C.A., § 37-283; Acts 1990, ch. 1024, § 19; 1999, ch. 264, §§ 1, 2.
Tenn. Code Ann. § 37-5-402 — TN Code / Title 37 / Chapter 5 / Section 37-5-402
Placement of imported child
Status: in_force

(a) The person, agency or corporation with whom a child is placed for either of the purposes set out in § 37-5-401 shall be responsible for the child's proper care and training. (b) The department of human services, through its agents, shall permit the placing of such child only with a licensed child-caring or child-placing agency or maternity home or in a family home that has been studied and approved by the department's own agent. Acts 1951, ch. 116, § 1 (Williams, § 4737.1); impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-1506, 14-9-202; T.C.A., § 71-3-402; Acts 1996, ch. 1079, § 157.
(a) The person, agency or corporation with whom a child is placed for either of the purposes set out in § 37-5-401 shall be responsible for the child's proper care and training.
(b) The department of human services, through its agents, shall permit the placing of such child only with a licensed child-caring or child-placing agency or maternity home or in a family home that has been studied and approved by the department's own agent.
Acts 1951, ch. 116, § 1 (Williams, § 4737.1); impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), §§ 14-1506, 14-9-202; T.C.A., § 71-3-402; Acts 1996, ch. 1079, § 157.
Tenn. Code Ann. § 37-5-115 — TN Code / Title 37 / Chapter 5 / Section 37-5-115
Review
Status: in_force

The department shall be reviewed pursuant to the requirements set out in the Tennessee Governmental Entity Review Law, compiled in title 4, chapter 29. Further, the department shall respond to requests for information from any other legislative committees including, but not limited to, the fiscal review committee, the health and welfare committee of the senate, the health committee of the house of representatives, and the government operations committees of the senate and house of representatives, to ensure that thorough review and oversight of the department is accomplished. Amended by 2013 Tenn. Acts, ch. 236,s 53, eff. 4/19/2013. Acts 1996, ch. 1079, § 183.
The department shall be reviewed pursuant to the requirements set out in the Tennessee Governmental Entity Review Law, compiled in title 4, chapter 29. Further, the department shall respond to requests for information from any other legislative committees including, but not limited to, the fiscal review committee, the health and welfare committee of the senate, the health committee of the house of representatives, and the government operations committees of the senate and house of representatives, to ensure that thorough review and oversight of the department is accomplished.
Amended by 2013 Tenn. Acts, ch. 236,s 53, eff. 4/19/2013.
Acts 1996, ch. 1079, § 183.
Tenn. Code Ann. § 37-2-604 — TN Code / Title 37 / Chapter 2 / Section 37-2-604
Preparing foster children for independent living - Extension of foster care services
Status: in_force

(a) In preparing a foster child for independent living prior to the child reaching eighteen (18) years of age, the department shall provide information on the resource centers established pursuant to this part to all children over sixteen (16) years of age in foster care. The information shall include the address of the nearest resource center and services available from the center. Each child shall be encouraged to maintain periodic contact with resource center personnel and to provide current and accurate residence and contact information to the resource center. Ninety (90) days before a child leaves state custody the department of children's services shall notify the child of all information, services, web sites and assistance available for post-custody. (b) The department is authorized to implement an extension of the foster care program to provide services to youth transitioning from state custody to adulthood. The purpose of the extension is to support young adults aging out of state custody and preparing for their futures by making available additional educational and employment opportunities, ongoing support, and consistent and safe housing. The commissioner must establish policies and procedures to implement the extension and services described by this section. The department may seek federal funding and participate in federal programs developed for this purpose. (c) The extension of foster care services may be provided on a voluntary basis to a young adult who is at least eighteen (18) years of age but less than twenty-one (21) years of age, who was in the custody of the department at the time of the young adult's eighteenth birthday, and who is: (1) Completing secondary education or a program leading to an equivalent credential; (2) Enrolled in an institution that provides post-secondary or career or technical education; (3) Participating in a program or activity designed to promote employment or remove barriers to employment; (4) Employed for at least eighty (80) hours per month; or (5) Incapable of doing any of the activities in subdivisions (c)(1)-(4) due to a medical condition, including a developmental or intellectual condition, which inability is supported by regularly updated information in the young adult's permanency plan. In such a case, the young adult must be in compliance with a course of treatment as recommended by the department. (d) The extension of foster care services may be provided to a young adult who meets the requirements of subsection (c) but refused those services at the time of the young adult's eighteenth birthday if the young adult seeks those services prior to the young adult's twenty-first birthday. (e) The minimum responsibilities of a young adult enrolled in extension of foster care services under this section are: (1) Sign a rights and responsibilities agreement prepared by the department; (2) Work with the department to create, update, and implement a transition plan; (3) Meet monthly with the case manager to track the progress of the transition plan; and (4) Attend a court hearing or administrative review every six (6) months. (f) The extension of foster care services provided by the department under this section may include, but are not limited to: (1) Education and training vouchers for post-secondary education; (2) Placement support in an approved placement or an independent living allowance; (3) Independent living wrap services; (4) Access to life skills classes and leadership opportunities; and (5) Support of a child and family team, case manager, and court representatives. (g) Living arrangements available to a young adult enrolled in the extension of foster care services under this section may include, but are not limited to: (1) A dormitory; (2) A licensed or approved foster home; (3) Supervised independent living, such as an approved apartment with or without a roommate, or an approved room-and-board living arrangement, in which a young adult may be able to directly receive an independent living allowance; (4) The home of an approved relative or non-related supportive adult; and (5) Licensed group home settings. (h) The advisory committee established in § 37-2-601 must serve as an advisory committee for the programs and services authorized by this section. Amended by 2022 Tenn. Acts, ch. 785, s 3, eff. 1/1/2023. Acts 2009 , ch. 415, § 1.
(a) In preparing a foster child for independent living prior to the child reaching eighteen (18) years of age, the department shall provide information on the resource centers established pursuant to this part to all children over sixteen (16) years of age in foster care. The information shall include the address of the nearest resource center and services available from the center. Each child shall be encouraged to maintain periodic contact with resource center personnel and to provide current and accurate residence and contact information to the resource center. Ninety (90) days before a child leaves state custody the department of children's services shall notify the child of all information, services, web sites and assistance available for post-custody.
(b) The department is authorized to implement an extension of the foster care program to provide services to youth transitioning from state custody to adulthood. The purpose of the extension is to support young adults aging out of state custody and preparing for their futures by making available additional educational and employment opportunities, ongoing support, and consistent and safe housing. The commissioner must establish policies and procedures to implement the extension and services described by this section. The department may seek federal funding and participate in federal programs developed for this purpose.
(c) The extension of foster care services may be provided on a voluntary basis to a young adult who is at least eighteen (18) years of age but less than twenty-one (21) years of age, who was in the custody of the department at the time of the young adult's eighteenth birthday, and who is: (1) Completing secondary education or a program leading to an equivalent credential; (2) Enrolled in an institution that provides post-secondary or career or technical education; (3) Participating in a program or activity designed to promote employment or remove barriers to employment; (4) Employed for at least eighty (80) hours per month; or (5) Incapable of doing any of the activities in subdivisions (c)(1)-(4) due to a medical condition, including a developmental or intellectual condition, which inability is supported by regularly updated information in the young adult's permanency plan. In such a case, the young adult must be in compliance with a course of treatment as recommended by the department.
(1) Completing secondary education or a program leading to an equivalent credential;
(2) Enrolled in an institution that provides post-secondary or career or technical education;
(3) Participating in a program or activity designed to promote employment or remove barriers to employment;
(4) Employed for at least eighty (80) hours per month; or
(5) Incapable of doing any of the activities in subdivisions (c)(1)-(4) due to a medical condition, including a developmental or intellectual condition, which inability is supported by regularly updated information in the young adult's permanency plan. In such a case, the young adult must be in compliance with a course of treatment as recommended by the department.
(d) The extension of foster care services may be provided to a young adult who meets the requirements of subsection (c) but refused those services at the time of the young adult's eighteenth birthday if the young adult seeks those services prior to the young adult's twenty-first birthday.
(e) The minimum responsibilities of a young adult enrolled in extension of foster care services under this section are: (1) Sign a rights and responsibilities agreement prepared by the department; (2) Work with the department to create, update, and implement a transition plan; (3) Meet monthly with the case manager to track the progress of the transition plan; and (4) Attend a court hearing or administrative review every six (6) months.
(1) Sign a rights and responsibilities agreement prepared by the department;
(2) Work with the department to create, update, and implement a transition plan;
(3) Meet monthly with the case manager to track the progress of the transition plan; and
(4) Attend a court hearing or administrative review every six (6) months.
(f) The extension of foster care services provided by the department under this section may include, but are not limited to: (1) Education and training vouchers for post-secondary education; (2) Placement support in an approved placement or an independent living allowance; (3) Independent living wrap services; (4) Access to life skills classes and leadership opportunities; and (5) Support of a child and family team, case manager, and court representatives.
(1) Education and training vouchers for post-secondary education;
(2) Placement support in an approved placement or an independent living allowance;
(3) Independent living wrap services;
(4) Access to life skills classes and leadership opportunities; and
(5) Support of a child and family team, case manager, and court representatives.
(g) Living arrangements available to a young adult enrolled in the extension of foster care services under this section may include, but are not limited to: (1) A dormitory; (2) A licensed or approved foster home; (3) Supervised independent living, such as an approved apartment with or without a roommate, or an approved room-and-board living arrangement, in which a young adult may be able to directly receive an independent living allowance; (4) The home of an approved relative or non-related supportive adult; and (5) Licensed group home settings.
(1) A dormitory;
(2) A licensed or approved foster home;
(3) Supervised independent living, such as an approved apartment with or without a roommate, or an approved room-and-board living arrangement, in which a young adult may be able to directly receive an independent living allowance;
(4) The home of an approved relative or non-related supportive adult; and
(5) Licensed group home settings.
(h) The advisory committee established in § 37-2-601 must serve as an advisory committee for the programs and services authorized by this section.
Amended by 2022 Tenn. Acts, ch. 785, s 3, eff. 1/1/2023.
Acts 2009 , ch. 415, § 1.
Tenn. Code Ann. § 37-2-207 — TN Code / Title 37 / Chapter 2 / Section 37-2-207
Use of facilities of another county
Status: in_force

Any county legislative body within the provisions of this part is hereby authorized to enter into an agreement with any other county for the use of the facility in its department of children's services. The county having such a department shall be entitled to reimbursement from the state in the same manner for any juvenile committed from such contracting county. Guardianship of all such juveniles committed from another county under this section shall immediately transfer to the director of the department of children's services to which the juvenile is committed. Acts 1979, ch. 143, § 7; T.C.A., § 37-407.
Any county legislative body within the provisions of this part is hereby authorized to enter into an agreement with any other county for the use of the facility in its department of children's services. The county having such a department shall be entitled to reimbursement from the state in the same manner for any juvenile committed from such contracting county. Guardianship of all such juveniles committed from another county under this section shall immediately transfer to the director of the department of children's services to which the juvenile is committed.
Acts 1979, ch. 143, § 7; T.C.A., § 37-407.
Tenn. Code Ann. § 37-1-150 — TN Code / Title 37 / Chapter 1 / Section 37-1-150
Cost and expense for care of child
Status: in_force

(a) The following expenses may be a charge upon the funds of the county upon certification thereof by the court: (1) The cost of medical and other examinations and treatment of a child that is ordered by the court. The cost of outpatient mental health evaluations under § 37-1-128(e)(1) shall be the responsibility of the state; (2) Reasonable compensation for services and related expenses of counsel appointed by the court for a party; provided, however, that in the case of indigent persons appointed counsel pursuant to § 37-1-126 , the state, through the administrative office of the courts, shall pay such compensation. The supreme court shall prescribe by rule the nature of the expense for which compensation may be allowed hereunder, and such limitations and conditions for such compensation as it deems appropriate, subject to this subdivision (a)(2). Such rules shall specify the form and content of applications for compensation under this subdivision (a)(2). The court may adopt such other rules related to this subdivision (a)(2) as it deems appropriate in the public interest; (3) Reasonable compensation for a guardian ad litem, except that in the case of indigent persons, the state, through the administrative office of the courts, shall pay for the guardian ad litem required by § 37-1-149 for proceedings alleging a child to be dependent and neglected or abused. The supreme court shall prescribe by rule the nature of the expense for which compensation may be allowed hereunder, and such limitations and conditions for such compensation as it deems appropriate, subject to the provisions of this subdivision (a)(3). Such rules shall specify the form and content of applications for compensation under this subdivision (a)(3). The court may adopt such other rules related to this subdivision (a)(3) as it deems appropriate in the public interest; (4) The cost of any preadjudicatory placement of a child pursuant to §§ 37-1-114 and 37-1-116 , including necessary transportation of the child to such placement. A child alleged to be in violation of the conditions of home placement or charged with the commission of an offense that would be a felony if committed by an adult and eligible for secure detention as provided by § 37-1-114(c) who is taken into custody in a county that does not operate a secure juvenile detention facility may, with the approval of the court having jurisdiction in the matter, be transported to and from the nearest such facility in this state; the cost of such transportation and placement shall be paid by the state subject to appropriations to the commission on children and youth for juvenile court services. Payment may also be made from available federal funding; (5) The expense of service of summons, notices, subpoenas, travel expense of witnesses, except as provided in subsection (b), transportation of the child, and other like expenses incurred in the proceedings under this part; and (6) The reasonable cost of secretarial services for the court in performing its duties as a juvenile court. (b) (1) The cost of transporting a child who has been committed to a state correctional institution on an offense that would be a felony if committed by an adult shall be paid by the state. The cost of transportation of a child for mental health examination or evaluation when the examination or evaluation has been ordered by the juvenile court judge for a child charged with commission of an offense that would be a felony if committed by an adult shall be paid by the county. (2) The cost of an inpatient mental health examination or evaluation ordered by the juvenile court judge for a child charged with commission of an offense that would be a felony if committed by an adult, and the cost incidental to the examination or evaluation, shall be paid by the city or county. (c) The cost of transporting a child from another state for an offense that would be a felony if the child were an adult shall be paid by the state; otherwise, the city or county will bear the cost. (d) (1) If, after due notice to the parents, legal custodians or guardians, and after affording them an opportunity to be heard, the court finds that they are financially able to pay all or part of the costs and expenses stated in subdivisions (a)(1)-(5), the court may order them to pay the same and prescribe the manner of payment. Unless otherwise ordered, payment shall be made to the clerk of the juvenile court for remittance to the person to whom compensation is due or, if the costs and expenses have been paid by the county, to the appropriate officer of the county. (2) If, after due notice to the parents, legal custodians or guardians, and after affording them an opportunity to be heard, the court finds that they are financially able to pay all or part of the costs and expenses of the mental evaluation or examination of the child, which have been paid by the city or county pursuant to subsection (b), the court may order them to pay the costs and prescribe the manner of payment. Unless otherwise ordered, payment shall be made to the clerk of the juvenile court for remittance to the person to whom compensation is due; or if the costs and expenses have been paid by the state, to the appropriate officer of the state. (e) (1) Attorneys appointed hereunder, other than public defenders, are entitled to reasonable compensation for their services, both prior to and at the hearing of the cause, and are entitled to reimbursement for their reasonable and necessary expenses in accordance with the rules of the supreme court. (2) Each attorney seeking reimbursement or compensation hereunder shall file an application with the juvenile court, stating in detail the nature and amount of the expenses claimed, supporting such claim with receipts showing payment thereof and stating the nature and extent of the attorney's services, including those in connection with any preliminary hearing. (f) Costs for proceedings under this title or the costs of the care or treatment of any child that is ordered by the court shall be paid by the state only when specifically authorized by this title or other provisions of law. (g) (1) In proceedings where the child is determined to be indigent pursuant to § 37-1-126 and the court appoints counsel or a guardian ad litem to represent the child, but finds the child's parents, legal custodians, or guardians are financially able to defray a portion or all of the cost of the child's representation, the court shall enter an order directing the child's parents, legal custodians, or guardians to pay into the registry of the clerk of the court any sum that the court determines the child's parents, legal custodians, or guardians are able to pay. (2) In proceedings where an adult is determined to be indigent pursuant to § 37-1-126 and the court appoints counsel to represent the adult and finds the adult financially able to defray a portion or all of the cost of the adult's representation, the court shall enter an order directing the adult to pay into the registry of the clerk of the court any sum that the court determines the adult is able to pay. (3) The sum to defray a portion or all of the costs shall be subject to execution as any other judgment. The court may provide for payments to be made at intervals, which the court shall establish, and upon terms and conditions as are fair and just. The court may also modify its order when there has been a change in circumstances. (4) The clerk of the court shall collect all moneys paid pursuant to this subsection (g). The clerk shall notify the court of any failure to comply with the court's order. At the conclusion of the proceedings, the court shall order the clerk to pay to the administrative office of the courts any funds that the clerk collected. The clerk of the court shall receive a commission of five percent (5%) of the moneys collected for the clerk's services in collecting, handling and making payment pursuant to the order of the court. (5) If the administrative office of the courts receives funds greater than the total amount which appointed counsel or the guardian ad litem has claimed and has been reimbursed pursuant to Tennessee Supreme Court Rule 13, then any such excess funds shall be paid to the appointed attorney. Amended by 2018 Tenn. Acts, ch. 1052,s 45, eff. 7/1/2018. Acts 1970, ch. 600, § 49; 1971, ch. 107, § 1; 1972, ch. 755, § 1; 1973, ch. 258, § 1; 1974, ch. 483, § 1; 1977, ch. 482, §§ 7, 8; 1980, ch. 796, § 3; 1981, ch. 316, § 5; 1983, ch. 408, §§ 4, 5; T.C.A., § 37-249; Acts 1984, ch. 977, § 1; 1985, ch. 59, § 1; 1986, ch. 878, § 5; 1991, ch. 491, §§ 1, 2; 1993, ch. 66, §§ 49, 50; 1996, ch. 1079, §§ 73, 103; 1999, ch. 508, § 9; 2001, ch. 368, §§ 1, 2; 2009, ch. 549, §§ 3-5; 2012, ch. 857, §§ 6-10.
(a) The following expenses may be a charge upon the funds of the county upon certification thereof by the court: (1) The cost of medical and other examinations and treatment of a child that is ordered by the court. The cost of outpatient mental health evaluations under § 37-1-128(e)(1) shall be the responsibility of the state; (2) Reasonable compensation for services and related expenses of counsel appointed by the court for a party; provided, however, that in the case of indigent persons appointed counsel pursuant to § 37-1-126 , the state, through the administrative office of the courts, shall pay such compensation. The supreme court shall prescribe by rule the nature of the expense for which compensation may be allowed hereunder, and such limitations and conditions for such compensation as it deems appropriate, subject to this subdivision (a)(2). Such rules shall specify the form and content of applications for compensation under this subdivision (a)(2). The court may adopt such other rules related to this subdivision (a)(2) as it deems appropriate in the public interest; (3) Reasonable compensation for a guardian ad litem, except that in the case of indigent persons, the state, through the administrative office of the courts, shall pay for the guardian ad litem required by § 37-1-149 for proceedings alleging a child to be dependent and neglected or abused. The supreme court shall prescribe by rule the nature of the expense for which compensation may be allowed hereunder, and such limitations and conditions for such compensation as it deems appropriate, subject to the provisions of this subdivision (a)(3). Such rules shall specify the form and content of applications for compensation under this subdivision (a)(3). The court may adopt such other rules related to this subdivision (a)(3) as it deems appropriate in the public interest; (4) The cost of any preadjudicatory placement of a child pursuant to §§ 37-1-114 and 37-1-116 , including necessary transportation of the child to such placement. A child alleged to be in violation of the conditions of home placement or charged with the commission of an offense that would be a felony if committed by an adult and eligible for secure detention as provided by § 37-1-114(c) who is taken into custody in a county that does not operate a secure juvenile detention facility may, with the approval of the court having jurisdiction in the matter, be transported to and from the nearest such facility in this state; the cost of such transportation and placement shall be paid by the state subject to appropriations to the commission on children and youth for juvenile court services. Payment may also be made from available federal funding; (5) The expense of service of summons, notices, subpoenas, travel expense of witnesses, except as provided in subsection (b), transportation of the child, and other like expenses incurred in the proceedings under this part; and (6) The reasonable cost of secretarial services for the court in performing its duties as a juvenile court.
(1) The cost of medical and other examinations and treatment of a child that is ordered by the court. The cost of outpatient mental health evaluations under § 37-1-128(e)(1) shall be the responsibility of the state;
(2) Reasonable compensation for services and related expenses of counsel appointed by the court for a party; provided, however, that in the case of indigent persons appointed counsel pursuant to § 37-1-126 , the state, through the administrative office of the courts, shall pay such compensation. The supreme court shall prescribe by rule the nature of the expense for which compensation may be allowed hereunder, and such limitations and conditions for such compensation as it deems appropriate, subject to this subdivision (a)(2). Such rules shall specify the form and content of applications for compensation under this subdivision (a)(2). The court may adopt such other rules related to this subdivision (a)(2) as it deems appropriate in the public interest;
(3) Reasonable compensation for a guardian ad litem, except that in the case of indigent persons, the state, through the administrative office of the courts, shall pay for the guardian ad litem required by § 37-1-149 for proceedings alleging a child to be dependent and neglected or abused. The supreme court shall prescribe by rule the nature of the expense for which compensation may be allowed hereunder, and such limitations and conditions for such compensation as it deems appropriate, subject to the provisions of this subdivision (a)(3). Such rules shall specify the form and content of applications for compensation under this subdivision (a)(3). The court may adopt such other rules related to this subdivision (a)(3) as it deems appropriate in the public interest;
(4) The cost of any preadjudicatory placement of a child pursuant to §§ 37-1-114 and 37-1-116 , including necessary transportation of the child to such placement. A child alleged to be in violation of the conditions of home placement or charged with the commission of an offense that would be a felony if committed by an adult and eligible for secure detention as provided by § 37-1-114(c) who is taken into custody in a county that does not operate a secure juvenile detention facility may, with the approval of the court having jurisdiction in the matter, be transported to and from the nearest such facility in this state; the cost of such transportation and placement shall be paid by the state subject to appropriations to the commission on children and youth for juvenile court services. Payment may also be made from available federal funding;
(5) The expense of service of summons, notices, subpoenas, travel expense of witnesses, except as provided in subsection (b), transportation of the child, and other like expenses incurred in the proceedings under this part; and
(6) The reasonable cost of secretarial services for the court in performing its duties as a juvenile court.
(b) (1) The cost of transporting a child who has been committed to a state correctional institution on an offense that would be a felony if committed by an adult shall be paid by the state. The cost of transportation of a child for mental health examination or evaluation when the examination or evaluation has been ordered by the juvenile court judge for a child charged with commission of an offense that would be a felony if committed by an adult shall be paid by the county. (2) The cost of an inpatient mental health examination or evaluation ordered by the juvenile court judge for a child charged with commission of an offense that would be a felony if committed by an adult, and the cost incidental to the examination or evaluation, shall be paid by the city or county.
(1) The cost of transporting a child who has been committed to a state correctional institution on an offense that would be a felony if committed by an adult shall be paid by the state. The cost of transportation of a child for mental health examination or evaluation when the examination or evaluation has been ordered by the juvenile court judge for a child charged with commission of an offense that would be a felony if committed by an adult shall be paid by the county.
(2) The cost of an inpatient mental health examination or evaluation ordered by the juvenile court judge for a child charged with commission of an offense that would be a felony if committed by an adult, and the cost incidental to the examination or evaluation, shall be paid by the city or county.
(c) The cost of transporting a child from another state for an offense that would be a felony if the child were an adult shall be paid by the state; otherwise, the city or county will bear the cost.
(d) (1) If, after due notice to the parents, legal custodians or guardians, and after affording them an opportunity to be heard, the court finds that they are financially able to pay all or part of the costs and expenses stated in subdivisions (a)(1)-(5), the court may order them to pay the same and prescribe the manner of payment. Unless otherwise ordered, payment shall be made to the clerk of the juvenile court for remittance to the person to whom compensation is due or, if the costs and expenses have been paid by the county, to the appropriate officer of the county. (2) If, after due notice to the parents, legal custodians or guardians, and after affording them an opportunity to be heard, the court finds that they are financially able to pay all or part of the costs and expenses of the mental evaluation or examination of the child, which have been paid by the city or county pursuant to subsection (b), the court may order them to pay the costs and prescribe the manner of payment. Unless otherwise ordered, payment shall be made to the clerk of the juvenile court for remittance to the person to whom compensation is due; or if the costs and expenses have been paid by the state, to the appropriate officer of the state.
(1) If, after due notice to the parents, legal custodians or guardians, and after affording them an opportunity to be heard, the court finds that they are financially able to pay all or part of the costs and expenses stated in subdivisions (a)(1)-(5), the court may order them to pay the same and prescribe the manner of payment. Unless otherwise ordered, payment shall be made to the clerk of the juvenile court for remittance to the person to whom compensation is due or, if the costs and expenses have been paid by the county, to the appropriate officer of the county.
(2) If, after due notice to the parents, legal custodians or guardians, and after affording them an opportunity to be heard, the court finds that they are financially able to pay all or part of the costs and expenses of the mental evaluation or examination of the child, which have been paid by the city or county pursuant to subsection (b), the court may order them to pay the costs and prescribe the manner of payment. Unless otherwise ordered, payment shall be made to the clerk of the juvenile court for remittance to the person to whom compensation is due; or if the costs and expenses have been paid by the state, to the appropriate officer of the state.
(e) (1) Attorneys appointed hereunder, other than public defenders, are entitled to reasonable compensation for their services, both prior to and at the hearing of the cause, and are entitled to reimbursement for their reasonable and necessary expenses in accordance with the rules of the supreme court. (2) Each attorney seeking reimbursement or compensation hereunder shall file an application with the juvenile court, stating in detail the nature and amount of the expenses claimed, supporting such claim with receipts showing payment thereof and stating the nature and extent of the attorney's services, including those in connection with any preliminary hearing.
(1) Attorneys appointed hereunder, other than public defenders, are entitled to reasonable compensation for their services, both prior to and at the hearing of the cause, and are entitled to reimbursement for their reasonable and necessary expenses in accordance with the rules of the supreme court.
(2) Each attorney seeking reimbursement or compensation hereunder shall file an application with the juvenile court, stating in detail the nature and amount of the expenses claimed, supporting such claim with receipts showing payment thereof and stating the nature and extent of the attorney's services, including those in connection with any preliminary hearing.
(f) Costs for proceedings under this title or the costs of the care or treatment of any child that is ordered by the court shall be paid by the state only when specifically authorized by this title or other provisions of law.
(g) (1) In proceedings where the child is determined to be indigent pursuant to § 37-1-126 and the court appoints counsel or a guardian ad litem to represent the child, but finds the child's parents, legal custodians, or guardians are financially able to defray a portion or all of the cost of the child's representation, the court shall enter an order directing the child's parents, legal custodians, or guardians to pay into the registry of the clerk of the court any sum that the court determines the child's parents, legal custodians, or guardians are able to pay. (2) In proceedings where an adult is determined to be indigent pursuant to § 37-1-126 and the court appoints counsel to represent the adult and finds the adult financially able to defray a portion or all of the cost of the adult's representation, the court shall enter an order directing the adult to pay into the registry of the clerk of the court any sum that the court determines the adult is able to pay. (3) The sum to defray a portion or all of the costs shall be subject to execution as any other judgment. The court may provide for payments to be made at intervals, which the court shall establish, and upon terms and conditions as are fair and just. The court may also modify its order when there has been a change in circumstances. (4) The clerk of the court shall collect all moneys paid pursuant to this subsection (g). The clerk shall notify the court of any failure to comply with the court's order. At the conclusion of the proceedings, the court shall order the clerk to pay to the administrative office of the courts any funds that the clerk collected. The clerk of the court shall receive a commission of five percent (5%) of the moneys collected for the clerk's services in collecting, handling and making payment pursuant to the order of the court. (5) If the administrative office of the courts receives funds greater than the total amount which appointed counsel or the guardian ad litem has claimed and has been reimbursed pursuant to Tennessee Supreme Court Rule 13, then any such excess funds shall be paid to the appointed attorney.
(1) In proceedings where the child is determined to be indigent pursuant to § 37-1-126 and the court appoints counsel or a guardian ad litem to represent the child, but finds the child's parents, legal custodians, or guardians are financially able to defray a portion or all of the cost of the child's representation, the court shall enter an order directing the child's parents, legal custodians, or guardians to pay into the registry of the clerk of the court any sum that the court determines the child's parents, legal custodians, or guardians are able to pay.
(2) In proceedings where an adult is determined to be indigent pursuant to § 37-1-126 and the court appoints counsel to represent the adult and finds the adult financially able to defray a portion or all of the cost of the adult's representation, the court shall enter an order directing the adult to pay into the registry of the clerk of the court any sum that the court determines the adult is able to pay.
(3) The sum to defray a portion or all of the costs shall be subject to execution as any other judgment. The court may provide for payments to be made at intervals, which the court shall establish, and upon terms and conditions as are fair and just. The court may also modify its order when there has been a change in circumstances.
(4) The clerk of the court shall collect all moneys paid pursuant to this subsection (g). The clerk shall notify the court of any failure to comply with the court's order. At the conclusion of the proceedings, the court shall order the clerk to pay to the administrative office of the courts any funds that the clerk collected. The clerk of the court shall receive a commission of five percent (5%) of the moneys collected for the clerk's services in collecting, handling and making payment pursuant to the order of the court.
(5) If the administrative office of the courts receives funds greater than the total amount which appointed counsel or the guardian ad litem has claimed and has been reimbursed pursuant to Tennessee Supreme Court Rule 13, then any such excess funds shall be paid to the appointed attorney.
Amended by 2018 Tenn. Acts, ch. 1052,s 45, eff. 7/1/2018.
Acts 1970, ch. 600, § 49; 1971, ch. 107, § 1; 1972, ch. 755, § 1; 1973, ch. 258, § 1; 1974, ch. 483, § 1; 1977, ch. 482, §§ 7, 8; 1980, ch. 796, § 3; 1981, ch. 316, § 5; 1983, ch. 408, §§ 4, 5; T.C.A., § 37-249; Acts 1984, ch. 977, § 1; 1985, ch. 59, § 1; 1986, ch. 878, § 5; 1991, ch. 491, §§ 1, 2; 1993, ch. 66, §§ 49, 50; 1996, ch. 1079, §§ 73, 103; 1999, ch. 508, § 9; 2001, ch. 368, §§ 1, 2; 2009, ch. 549, §§ 3-5; 2012, ch. 857, §§ 6-10.
Tenn. Code Ann. § 37-5-128 — TN Code / Title 37 / Chapter 5 / Section 37-5-128
Review of department policies and attached protocol and procedures that affect children the department serves - Uniformity of applicability
Status: in_force

Before March 1 of each year, the department shall appear before the judiciary committee of the senate and the civil justice committee of the house of representatives for a review of the policies of the department and attached protocol and procedures for these policies and any provisions that affect the children the department serves. During the review, the committees shall consider the uniformity of applicability across the state of the department's policies and attached protocol and procedures for these policies and any provisions that affect the children the department serves. Amended by 2021 Tenn. Acts, ch. 64, s 36, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 46, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 21, eff. 4/19/2013. Acts 2009 , ch. 87, § 2; 2011 , ch. 410, § 3(v).
Before March 1 of each year, the department shall appear before the judiciary committee of the senate and the civil justice committee of the house of representatives for a review of the policies of the department and attached protocol and procedures for these policies and any provisions that affect the children the department serves. During the review, the committees shall consider the uniformity of applicability across the state of the department's policies and attached protocol and procedures for these policies and any provisions that affect the children the department serves.
Amended by 2021 Tenn. Acts, ch. 64, s 36, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 46, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 21, eff. 4/19/2013.
Acts 2009 , ch. 87, § 2; 2011 , ch. 410, § 3(v).
Tenn. Code Ann. § 37-1-104 — TN Code / Title 37 / Chapter 1 / Section 37-1-104
Concurrent jurisdiction
Status: in_force

(a) The juvenile court has concurrent jurisdiction with the probate court of proceedings to: (1) Treat or commit a developmentally disabled or mentally ill child; (2) Determine the custody or appoint a guardian of the person of a child; and (3) Give judicial consent to the marriage of a child if consent is required by law. (b) The juvenile court has concurrent jurisdiction with the general sessions court for the offenses of contributing to the delinquency or unruly conduct of a minor as defined in § 37-1-156 and contributing to the dependency of a minor as defined in § 37-1-157 . (c) The juvenile, circuit and chancery courts have concurrent jurisdiction to terminate parental or guardian rights pursuant to the provisions of title 36, chapter 1, part 1. (d) (1) (A) The juvenile court has concurrent jurisdiction and statewide jurisdiction with other courts having the jurisdiction to order support for minor children and shall have statewide jurisdiction over the parties involved in the case. (B) In intrastate cases, jurisdiction to modify, alter or enforce orders or decrees for the support of children shall be determined in accordance with the provisions of title 36, chapter 5, parts 30 and 31. (C) In any political subdivision or judicial district of the state in which a court by contract is the agency designated to provide child support enforcement pursuant to Title IV-D of the Social Security Act, compiled in 42 U.S.C. §§ 651 et seq., and if a judge with child support jurisdiction in that political subdivision or judicial district agrees, the contracting court shall have jurisdiction in any case in such judge's court in which an application is made for assistance in obtaining support under this part. Upon application being made for child support enforcement assistance as provided by law, the contracting court shall assume jurisdiction and it is the duty of the court clerk to so notify the clerk of any court having prior jurisdiction. The contracting court shall then proceed to make and enforce such orders of support as it deems proper within its jurisdiction pursuant to the agreement. The contracting court shall not have jurisdiction in any case in which an absent parent is in full compliance with a support order of another court. (2) In any case in which the court has exclusive or concurrent jurisdiction to order the payment of child support, the court may issue a child support order when requested by a party. All provisions of title 36, chapter 5 that relate to child support or child support orders that include an order of spousal support and § 50-2-105 apply to support orders issued in these proceedings. (e) The juvenile court has concurrent jurisdiction with the circuit and chancery court of proceedings arising from the 1980 Hague Convention on the Civil Aspects of International Child Abduction. (f) Notwithstanding any law to the contrary, the juvenile court has concurrent jurisdiction with the circuit and chancery court of proceedings to establish the paternity of children born out of lawful wedlock and to determine any custody, visitation, support, education or other issues regarding the care and control of children born out of wedlock. The court further has the power to enforce its orders. Nothing in this subsection (f) shall be construed as vesting the circuit and chancery court with jurisdiction over matters that are in the exclusive jurisdiction of the juvenile court under § 37-1-103 . (g) The juvenile court and the circuit and criminal court have concurrent jurisdiction in proceedings in which a child is alleged to have committed an act that would, if adjudicated delinquent, require the child to be classified as a serious youthful offender pursuant to § 37-1-131(g) . Amended by 2024 Tenn. Acts, ch. 1007,s 3, eff. 1/1/2025, app. to all costs submitted for reimbursement on or after July 1, 2011. Amended by 2016 Tenn. Acts, ch. 600, s 1, eff. 7/1/2016. Acts 1970, ch. 600, § 4; 1971, ch. 189, § 3; 1975, ch. 248, § 34; 1980, ch. 838, § 4; 1981, ch. 348, § 2; 1983, ch. 453, §§ 1, 2; T.C.A., § 37-204; Acts 1985, ch. 477, § 16; 1989, ch. 206, § 2; 1995, ch. 416, § 1; 1995, ch. 532, § 8; 1997 , ch. 551, § 9; imp. am. Acts 2000, ch. 947, § 6; 2003 , ch. 333, § 2.
(a) The juvenile court has concurrent jurisdiction with the probate court of proceedings to: (1) Treat or commit a developmentally disabled or mentally ill child; (2) Determine the custody or appoint a guardian of the person of a child; and (3) Give judicial consent to the marriage of a child if consent is required by law.
(1) Treat or commit a developmentally disabled or mentally ill child;
(2) Determine the custody or appoint a guardian of the person of a child; and
(3) Give judicial consent to the marriage of a child if consent is required by law.
(b) The juvenile court has concurrent jurisdiction with the general sessions court for the offenses of contributing to the delinquency or unruly conduct of a minor as defined in § 37-1-156 and contributing to the dependency of a minor as defined in § 37-1-157 .
(c) The juvenile, circuit and chancery courts have concurrent jurisdiction to terminate parental or guardian rights pursuant to the provisions of title 36, chapter 1, part 1.
(d) (1) (A) The juvenile court has concurrent jurisdiction and statewide jurisdiction with other courts having the jurisdiction to order support for minor children and shall have statewide jurisdiction over the parties involved in the case. (B) In intrastate cases, jurisdiction to modify, alter or enforce orders or decrees for the support of children shall be determined in accordance with the provisions of title 36, chapter 5, parts 30 and 31. (C) In any political subdivision or judicial district of the state in which a court by contract is the agency designated to provide child support enforcement pursuant to Title IV-D of the Social Security Act, compiled in 42 U.S.C. §§ 651 et seq., and if a judge with child support jurisdiction in that political subdivision or judicial district agrees, the contracting court shall have jurisdiction in any case in such judge's court in which an application is made for assistance in obtaining support under this part. Upon application being made for child support enforcement assistance as provided by law, the contracting court shall assume jurisdiction and it is the duty of the court clerk to so notify the clerk of any court having prior jurisdiction. The contracting court shall then proceed to make and enforce such orders of support as it deems proper within its jurisdiction pursuant to the agreement. The contracting court shall not have jurisdiction in any case in which an absent parent is in full compliance with a support order of another court. (2) In any case in which the court has exclusive or concurrent jurisdiction to order the payment of child support, the court may issue a child support order when requested by a party. All provisions of title 36, chapter 5 that relate to child support or child support orders that include an order of spousal support and § 50-2-105 apply to support orders issued in these proceedings.
(1) (A) The juvenile court has concurrent jurisdiction and statewide jurisdiction with other courts having the jurisdiction to order support for minor children and shall have statewide jurisdiction over the parties involved in the case. (B) In intrastate cases, jurisdiction to modify, alter or enforce orders or decrees for the support of children shall be determined in accordance with the provisions of title 36, chapter 5, parts 30 and 31. (C) In any political subdivision or judicial district of the state in which a court by contract is the agency designated to provide child support enforcement pursuant to Title IV-D of the Social Security Act, compiled in 42 U.S.C. §§ 651 et seq., and if a judge with child support jurisdiction in that political subdivision or judicial district agrees, the contracting court shall have jurisdiction in any case in such judge's court in which an application is made for assistance in obtaining support under this part. Upon application being made for child support enforcement assistance as provided by law, the contracting court shall assume jurisdiction and it is the duty of the court clerk to so notify the clerk of any court having prior jurisdiction. The contracting court shall then proceed to make and enforce such orders of support as it deems proper within its jurisdiction pursuant to the agreement. The contracting court shall not have jurisdiction in any case in which an absent parent is in full compliance with a support order of another court.
(A) The juvenile court has concurrent jurisdiction and statewide jurisdiction with other courts having the jurisdiction to order support for minor children and shall have statewide jurisdiction over the parties involved in the case.
(B) In intrastate cases, jurisdiction to modify, alter or enforce orders or decrees for the support of children shall be determined in accordance with the provisions of title 36, chapter 5, parts 30 and 31.
(C) In any political subdivision or judicial district of the state in which a court by contract is the agency designated to provide child support enforcement pursuant to Title IV-D of the Social Security Act, compiled in 42 U.S.C. §§ 651 et seq., and if a judge with child support jurisdiction in that political subdivision or judicial district agrees, the contracting court shall have jurisdiction in any case in such judge's court in which an application is made for assistance in obtaining support under this part. Upon application being made for child support enforcement assistance as provided by law, the contracting court shall assume jurisdiction and it is the duty of the court clerk to so notify the clerk of any court having prior jurisdiction. The contracting court shall then proceed to make and enforce such orders of support as it deems proper within its jurisdiction pursuant to the agreement. The contracting court shall not have jurisdiction in any case in which an absent parent is in full compliance with a support order of another court.
(2) In any case in which the court has exclusive or concurrent jurisdiction to order the payment of child support, the court may issue a child support order when requested by a party. All provisions of title 36, chapter 5 that relate to child support or child support orders that include an order of spousal support and § 50-2-105 apply to support orders issued in these proceedings.
(e) The juvenile court has concurrent jurisdiction with the circuit and chancery court of proceedings arising from the 1980 Hague Convention on the Civil Aspects of International Child Abduction.
(f) Notwithstanding any law to the contrary, the juvenile court has concurrent jurisdiction with the circuit and chancery court of proceedings to establish the paternity of children born out of lawful wedlock and to determine any custody, visitation, support, education or other issues regarding the care and control of children born out of wedlock. The court further has the power to enforce its orders. Nothing in this subsection (f) shall be construed as vesting the circuit and chancery court with jurisdiction over matters that are in the exclusive jurisdiction of the juvenile court under § 37-1-103 .
(g) The juvenile court and the circuit and criminal court have concurrent jurisdiction in proceedings in which a child is alleged to have committed an act that would, if adjudicated delinquent, require the child to be classified as a serious youthful offender pursuant to § 37-1-131(g) .
Amended by 2024 Tenn. Acts, ch. 1007,s 3, eff. 1/1/2025, app. to all costs submitted for reimbursement on or after July 1, 2011.
Amended by 2016 Tenn. Acts, ch. 600, s 1, eff. 7/1/2016.
Acts 1970, ch. 600, § 4; 1971, ch. 189, § 3; 1975, ch. 248, § 34; 1980, ch. 838, § 4; 1981, ch. 348, § 2; 1983, ch. 453, §§ 1, 2; T.C.A., § 37-204; Acts 1985, ch. 477, § 16; 1989, ch. 206, § 2; 1995, ch. 416, § 1; 1995, ch. 532, § 8; 1997 , ch. 551, § 9; imp. am. Acts 2000, ch. 947, § 6; 2003 , ch. 333, § 2.
Tenn. Code Ann. § 37-3-603 — TN Code / Title 37 / Chapter 3 / Section 37-3-603
Program to provide family preservation services
Status: in_force

(a) The department of children's services shall develop, coordinate and implement a program to provide family services to each family with a child at imminent risk of placement; provided, that delivery of family preservation services shall be limited to those families and situations in which the services may be reasonably expected to avoid out-of-home placement of the child and to also afford effective protection of the child, the family, and the community. (b) The department shall develop, coordinate and implement a program to provide time-limited family reunification services to each family with a child in foster care; provided, that delivery of time-limited family reunification services shall be limited to those foster children or parents or primary caregiver and shall be limited to the fifteen-month period that begins on the date that the child, pursuant to § 37-2-402 , is considered to have entered foster care. Acts 1991, ch. 185, § 3; 1996, ch. 1079, § 73; 1998, ch. 1097, § 25.
(a) The department of children's services shall develop, coordinate and implement a program to provide family services to each family with a child at imminent risk of placement; provided, that delivery of family preservation services shall be limited to those families and situations in which the services may be reasonably expected to avoid out-of-home placement of the child and to also afford effective protection of the child, the family, and the community.
(b) The department shall develop, coordinate and implement a program to provide time-limited family reunification services to each family with a child in foster care; provided, that delivery of time-limited family reunification services shall be limited to those foster children or parents or primary caregiver and shall be limited to the fifteen-month period that begins on the date that the child, pursuant to § 37-2-402 , is considered to have entered foster care.
Acts 1991, ch. 185, § 3; 1996, ch. 1079, § 73; 1998, ch. 1097, § 25.
Tenn. Code Ann. § 37-1-138 — TN Code / Title 37 / Chapter 1 / Section 37-1-138
Liability for expenses of returning juvenile to custody of department of children's services
Status: in_force

(a) The parent or other person who is the physical custodian of a juvenile shall reimburse the state for any expenses incurred by the state in returning such juvenile to the department if: (1) The juvenile is in the legal custody of the department of children's services; (2) The juvenile has been temporarily released for a definite period of time to the physical custody of such parent or custodian; and (3) The juvenile has not returned to the physical custody of the department at the time designated for such return in the temporary release. (b) The department shall notify the parent or other custodian of this liability prior to release of such juvenile. (c) The department has the authority to initiate an appropriate civil action in order to collect any proceeds to which it is entitled under the provisions of subsection (a). For any judgment rendered in the state's favor, execution shall issue as provided by law. Acts 1982, ch. 569, § 1; T.C.A., § 37-284; Acts 1989, ch. 278, § 38; 1996, ch. 1079, § 73.
(a) The parent or other person who is the physical custodian of a juvenile shall reimburse the state for any expenses incurred by the state in returning such juvenile to the department if: (1) The juvenile is in the legal custody of the department of children's services; (2) The juvenile has been temporarily released for a definite period of time to the physical custody of such parent or custodian; and (3) The juvenile has not returned to the physical custody of the department at the time designated for such return in the temporary release.
(1) The juvenile is in the legal custody of the department of children's services;
(2) The juvenile has been temporarily released for a definite period of time to the physical custody of such parent or custodian; and
(3) The juvenile has not returned to the physical custody of the department at the time designated for such return in the temporary release.
(b) The department shall notify the parent or other custodian of this liability prior to release of such juvenile.
(c) The department has the authority to initiate an appropriate civil action in order to collect any proceeds to which it is entitled under the provisions of subsection (a). For any judgment rendered in the state's favor, execution shall issue as provided by law.
Acts 1982, ch. 569, § 1; T.C.A., § 37-284; Acts 1989, ch. 278, § 38; 1996, ch. 1079, § 73.
Tenn. Code Ann. § 37-1-172 — TN Code / Title 37 / Chapter 1 / Section 37-1-172
Use and disposition of federal funds
Status: in_force

(a) The court shall not direct the department of children's services' or its contractors' or agents' use or disposition of any federal funds for which any child or person in the care of the department is eligible or may receive and for which the department may be payee on behalf of such child or person including, but not limited to, Social Security survivors benefits under Title II of the federal Social Security Act, compiled in 42 U.S.C. § 401 et seq., and supplemental security income benefits under Title XVI of the federal Social Security Act, compiled in 42 U.S.C. § 1381 et seq., foster care or adoption assistance benefits received pursuant to Title IV-E of the Adoption Assistance Act of 1980 of the federal Social Security Act, compiled in 42 U.S.C. § 670 et seq., or veteran's benefits, railroad retirement benefits or black lung benefits or any successor entitlements that are provided by federal law. (b) Funds received under any federal benefits programs shall be processed, utilized and accounted for by the department pursuant only to federal regulations or federal court orders governing those programs. Acts 1996, ch. 1079, § 75.
(a) The court shall not direct the department of children's services' or its contractors' or agents' use or disposition of any federal funds for which any child or person in the care of the department is eligible or may receive and for which the department may be payee on behalf of such child or person including, but not limited to, Social Security survivors benefits under Title II of the federal Social Security Act, compiled in 42 U.S.C. § 401 et seq., and supplemental security income benefits under Title XVI of the federal Social Security Act, compiled in 42 U.S.C. § 1381 et seq., foster care or adoption assistance benefits received pursuant to Title IV-E of the Adoption Assistance Act of 1980 of the federal Social Security Act, compiled in 42 U.S.C. § 670 et seq., or veteran's benefits, railroad retirement benefits or black lung benefits or any successor entitlements that are provided by federal law.
(b) Funds received under any federal benefits programs shall be processed, utilized and accounted for by the department pursuant only to federal regulations or federal court orders governing those programs.
Acts 1996, ch. 1079, § 75.
Tenn. Code Ann. § 37-1-906 — TN Code / Title 37 / Chapter 1 / Section 37-1-906
Referral of juvenile court matter to safe baby court program
Status: in_force

A juvenile court matter that meets the safe baby court program criteria may be referred to a safe baby court program at any time during the pendency of the proceeding. If a matter is transferred to a safe baby court program, any permanency plan already in place must be scheduled for a review hearing by the court within thirty (30) days of the transfer to safe baby court. Added by 2019 Tenn. Acts, ch. 383, s 6, eff. 5/10/2019.
A juvenile court matter that meets the safe baby court program criteria may be referred to a safe baby court program at any time during the pendency of the proceeding. If a matter is transferred to a safe baby court program, any permanency plan already in place must be scheduled for a review hearing by the court within thirty (30) days of the transfer to safe baby court.
Added by 2019 Tenn. Acts, ch. 383, s 6, eff. 5/10/2019.
Tenn. Code Ann. § 37-1-313 — TN Code / Title 37 / Chapter 1 / Section 37-1-313
Documents and records furnished to indigent petitioner
Status: in_force

After a petition has been filed, if the judge finds that the petitioner is indigent as defined in § 40-14-201 , the judge is empowered to issue an order directed to the clerk of any court in Tennessee to furnish to the petitioner or to petitioner's counsel, without cost to the petitioner, certified copies of such documents or parts of the record on file in the clerk's office as may be required. Acts 1978, ch. 750, § 13; T.C.A., § 37-1713.
After a petition has been filed, if the judge finds that the petitioner is indigent as defined in § 40-14-201 , the judge is empowered to issue an order directed to the clerk of any court in Tennessee to furnish to the petitioner or to petitioner's counsel, without cost to the petitioner, certified copies of such documents or parts of the record on file in the clerk's office as may be required.
Acts 1978, ch. 750, § 13; T.C.A., § 37-1713.
Tenn. Code Ann. § 37-5-405 — TN Code / Title 37 / Chapter 5 / Section 37-5-405
Penalty for violations
Status: in_force

Every person acting for that person or for any agency who violates any of the provisions of this part, or any agency or corporation that, through its agents, violates any of the provisions of this part, or any person or agency that makes any false statements to the department of human services regarding the placement of such child, as herein set out, commits a Class A misdemeanor and shall be punished by a fine of not more than two hundred dollars ($200), or by imprisonment for not more than six (6) months, or by both fine and imprisonment. Acts 1951, ch. 116, § 1 (Williams § 4737.1); impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), § 14-1509, Acts 1989, ch. 591, §§ 1, 6; T.C.A., § 14-9-205; T.C.A., § 71-3-405; Acts 1996, ch. 1079, § 157.
Every person acting for that person or for any agency who violates any of the provisions of this part, or any agency or corporation that, through its agents, violates any of the provisions of this part, or any person or agency that makes any false statements to the department of human services regarding the placement of such child, as herein set out, commits a Class A misdemeanor and shall be punished by a fine of not more than two hundred dollars ($200), or by imprisonment for not more than six (6) months, or by both fine and imprisonment.
Acts 1951, ch. 116, § 1 (Williams § 4737.1); impl. am. Acts 1975, ch. 219, § 1 (a, b); T.C.A. (orig. ed.), § 14-1509, Acts 1989, ch. 591, §§ 1, 6; T.C.A., § 14-9-205; T.C.A., § 71-3-405; Acts 1996, ch. 1079, § 157.
Tenn. Code Ann. § 37-1-702 — TN Code / Title 37 / Chapter 1 / Section 37-1-702
Authority to establish teen court - Procedure for participation - Determining factors for participation - Authority of teen court
Status: in_force

(a) Any juvenile court judge is authorized to establish a teen court program pursuant to this part. In a jurisdiction in which there are multiple juvenile court judges, each judge may establish a teen court program. In any jurisdiction in which a teen court program is established, a teen charged with an offense specified under this part may receive a deferred judgment, a condition of which is successful completion of the teen court program. As a part of such program, the teen shall receive a disposition recommended by a five-member teen court and confirmed by the juvenile court judge. The teen court shall be held at a place to be determined by the local juvenile court judge. (b) The procedure for the court to determine participation in the teen court is as follows: (1) Pursuant to local, written procedures adopted by the juvenile court, participation in the teen court program may be initiated by an officer of the court under the informal adjustment or pretrial diversion process of § 37-1-110 ; (2) (A) After the court places a child on judicial diversion or adjudicates a child delinquent or unruly pursuant to § 37-1-129 , the court may direct that the disposition determination will be made by the teen court; (B) When a juvenile court determines that a case is appropriate to be handled by the teen court, the teen shall be informed by the court of the procedures for teen court disposition and shall be given an opportunity to enter a waiver of rights to participate in a teen court disposition. The court shall inform the teen that if the teen enters a waiver, including a waiver of any right for an attorney to be present during the dispositional stage, juvenile court proceedings shall be suspended for a period of six (6) months or such other time authorized by the local, written procedures of the juvenile court and a teen court may be empanelled to hear evidence on disposition; such teen court shall deliberate, and shall make a recommendation to the judge for disposition of the case, which may be confirmed by the juvenile court without further proceedings. If the teen elects to not enter a waiver, the judge shall proceed with the case as provided by law without referral to the teen court. (c) In choosing cases to be referred to the teen court for disposition, the juvenile court shall determine that: (1) The offense or attempted offense underlying the juvenile petition was one (1) of the following: (A) Assault, § 39-13-101 ; (B) Burglary, § 39-13-1002 ; (C) Theft of property, § 39-14-103 ; (D) Vandalism, § 39-14-408 ; (E) Forgery, § 39-14-114 ; (F) Cruelty to animals, § 39-14-202 ; (G) Unauthorized use of vehicle, § 39-14-106 ; (H) [Deleted by 2016 amendment.] (I) Disorderly conduct, § 39-17-305 ; (J) Harassment, § 39-17-308 ; (K) Criminal trespass, § 39-14-405 ; (L) Traffic offense, § 37-1-146 ; (M) Runaway, § 37-1-102(b)(32)(D) ; (N) Truancy, § 37-1-102(b)(32)(A) ; (O) Violation of curfew, § 39-17-1702 ; (P) Unruly, § 37-1-102(b)(32) ; (Q) Violation of any of the following sections of the Tennessee Drug Control Act, compiled in title 39, chapter 17, part 4: (i) § 39-17-418(a) or (b) , relative to simple possession or casual exchange of a controlled substance; (ii) § 39-17-422(a) or (b) , relative to smelling or inhaling fumes of any glue, paint, gasoline, aerosol, chlorofluorocarbon gas or other substance containing a solvent having the property of releasing toxic vapors or fumes, or possessing any glue containing a solvent having the property of releasing toxic vapors or fumes for the purpose of smelling or inhaling fumes or vapors; (iii) § 39-17-426 , relative to possession of gentiana lutea, also known as jimsonweed, on the premises or grounds of any school; or (iv) § 39-17-454 , relative to simple possession or casual exchange of a controlled substance analogue; (R) Any criminal offense, status offense, violation, infraction or other prohibited conduct involving the possession, use, sale or consumption of any alcoholic beverage, wine or beer; or (S) A second or subsequent violation, within a one (1) year period, of § 39-17-1505 , regarding possession, purchase or acceptance of tobacco products, or offering false or fraudulent proof of age for the purpose of purchasing or receiving any tobacco product; (2) The teen will benefit more from participation in the teen court and any disposition that may be recommended than from any other disposition that may be imposed; (3) The teen, in the presence of at least one (1) of the teen's parents or guardian, has executed an informed waiver of rights, including any right to have an attorney present at the dispositional stage; and (4) The particular case does not have any special circumstances, such as suspected mental illness or developmental disability of the teen, or special needs of the victim of the offense, that make the case inappropriate for referral to the teen court. (d) (1) A teen court has the authority to conduct proceedings and to receive evidence and hear testimony related to the dispositional stage, including the authority to request detailed documentation signed by a licensed physician regarding absenteeism in truancy matters. The teen court shall consist of five (5) teen members chosen by the juvenile court as set out in § 37-1-704 . The teen members shall choose a presiding officer who shall conduct the proceeding under the supervision of the juvenile court judge. After hearing all evidence and testimony, the teen court shall retire to deliberate and a written decision shall be written by the presiding officer. (2) The written decision shall be transmitted to the juvenile court judge as a recommendation, together with all papers relating to the case. The written recommendation will specify a proposed disposition together with reasons therefor. (3) Upon receipt of the recommendation, the judge shall review it, along with all papers relating to the case. The judge may accept, modify or reject the recommendation. If the judge accepts the recommendation as presented or modified, the judge shall confirm it by order. If the judge rejects the recommendation, the judge shall permit any additional hearing as may be necessary and shall enter an order as necessary. (4) The juvenile court shall dismiss the petition or charges at the conclusion of the deferral period if the court determines that the teen has successfully completed the teen court program. If the teen fails to successfully complete the prescribed program, or if a new delinquent or unruly petition is filed against the teen during the deferral period, the petition under which the teen court disposition was ordered may be reinstated and the case may proceed as if the teen court disposition had never been entered. Amended by 2024 Tenn. Acts, ch. 849,s 1, eff. 5/1/2024. Amended by 2021 Tenn. Acts, ch. 545, s 4, eff. 7/1/2021. Amended by 2016 Tenn. Acts, ch. 600, Secs.s 14, s 15, s 16 eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 600, s 13, eff. 7/1/2016. Acts 2000, ch. 792, § 1; imp. am. Acts 2000, ch. 947, § 6; Acts 2001, ch. 341, §§ 1 - 9; 2012 , ch. 848, § 9.
(a) Any juvenile court judge is authorized to establish a teen court program pursuant to this part. In a jurisdiction in which there are multiple juvenile court judges, each judge may establish a teen court program. In any jurisdiction in which a teen court program is established, a teen charged with an offense specified under this part may receive a deferred judgment, a condition of which is successful completion of the teen court program. As a part of such program, the teen shall receive a disposition recommended by a five-member teen court and confirmed by the juvenile court judge. The teen court shall be held at a place to be determined by the local juvenile court judge.
(b) The procedure for the court to determine participation in the teen court is as follows: (1) Pursuant to local, written procedures adopted by the juvenile court, participation in the teen court program may be initiated by an officer of the court under the informal adjustment or pretrial diversion process of § 37-1-110 ; (2) (A) After the court places a child on judicial diversion or adjudicates a child delinquent or unruly pursuant to § 37-1-129 , the court may direct that the disposition determination will be made by the teen court; (B) When a juvenile court determines that a case is appropriate to be handled by the teen court, the teen shall be informed by the court of the procedures for teen court disposition and shall be given an opportunity to enter a waiver of rights to participate in a teen court disposition. The court shall inform the teen that if the teen enters a waiver, including a waiver of any right for an attorney to be present during the dispositional stage, juvenile court proceedings shall be suspended for a period of six (6) months or such other time authorized by the local, written procedures of the juvenile court and a teen court may be empanelled to hear evidence on disposition; such teen court shall deliberate, and shall make a recommendation to the judge for disposition of the case, which may be confirmed by the juvenile court without further proceedings. If the teen elects to not enter a waiver, the judge shall proceed with the case as provided by law without referral to the teen court.
(1) Pursuant to local, written procedures adopted by the juvenile court, participation in the teen court program may be initiated by an officer of the court under the informal adjustment or pretrial diversion process of § 37-1-110 ;
(2) (A) After the court places a child on judicial diversion or adjudicates a child delinquent or unruly pursuant to § 37-1-129 , the court may direct that the disposition determination will be made by the teen court; (B) When a juvenile court determines that a case is appropriate to be handled by the teen court, the teen shall be informed by the court of the procedures for teen court disposition and shall be given an opportunity to enter a waiver of rights to participate in a teen court disposition. The court shall inform the teen that if the teen enters a waiver, including a waiver of any right for an attorney to be present during the dispositional stage, juvenile court proceedings shall be suspended for a period of six (6) months or such other time authorized by the local, written procedures of the juvenile court and a teen court may be empanelled to hear evidence on disposition; such teen court shall deliberate, and shall make a recommendation to the judge for disposition of the case, which may be confirmed by the juvenile court without further proceedings. If the teen elects to not enter a waiver, the judge shall proceed with the case as provided by law without referral to the teen court.
(A) After the court places a child on judicial diversion or adjudicates a child delinquent or unruly pursuant to § 37-1-129 , the court may direct that the disposition determination will be made by the teen court;
(B) When a juvenile court determines that a case is appropriate to be handled by the teen court, the teen shall be informed by the court of the procedures for teen court disposition and shall be given an opportunity to enter a waiver of rights to participate in a teen court disposition. The court shall inform the teen that if the teen enters a waiver, including a waiver of any right for an attorney to be present during the dispositional stage, juvenile court proceedings shall be suspended for a period of six (6) months or such other time authorized by the local, written procedures of the juvenile court and a teen court may be empanelled to hear evidence on disposition; such teen court shall deliberate, and shall make a recommendation to the judge for disposition of the case, which may be confirmed by the juvenile court without further proceedings. If the teen elects to not enter a waiver, the judge shall proceed with the case as provided by law without referral to the teen court.
(c) In choosing cases to be referred to the teen court for disposition, the juvenile court shall determine that: (1) The offense or attempted offense underlying the juvenile petition was one (1) of the following: (A) Assault, § 39-13-101 ; (B) Burglary, § 39-13-1002 ; (C) Theft of property, § 39-14-103 ; (D) Vandalism, § 39-14-408 ; (E) Forgery, § 39-14-114 ; (F) Cruelty to animals, § 39-14-202 ; (G) Unauthorized use of vehicle, § 39-14-106 ; (H) [Deleted by 2016 amendment.] (I) Disorderly conduct, § 39-17-305 ; (J) Harassment, § 39-17-308 ; (K) Criminal trespass, § 39-14-405 ; (L) Traffic offense, § 37-1-146 ; (M) Runaway, § 37-1-102(b)(32)(D) ; (N) Truancy, § 37-1-102(b)(32)(A) ; (O) Violation of curfew, § 39-17-1702 ; (P) Unruly, § 37-1-102(b)(32) ; (Q) Violation of any of the following sections of the Tennessee Drug Control Act, compiled in title 39, chapter 17, part 4: (i) § 39-17-418(a) or (b) , relative to simple possession or casual exchange of a controlled substance; (ii) § 39-17-422(a) or (b) , relative to smelling or inhaling fumes of any glue, paint, gasoline, aerosol, chlorofluorocarbon gas or other substance containing a solvent having the property of releasing toxic vapors or fumes, or possessing any glue containing a solvent having the property of releasing toxic vapors or fumes for the purpose of smelling or inhaling fumes or vapors; (iii) § 39-17-426 , relative to possession of gentiana lutea, also known as jimsonweed, on the premises or grounds of any school; or (iv) § 39-17-454 , relative to simple possession or casual exchange of a controlled substance analogue; (R) Any criminal offense, status offense, violation, infraction or other prohibited conduct involving the possession, use, sale or consumption of any alcoholic beverage, wine or beer; or (S) A second or subsequent violation, within a one (1) year period, of § 39-17-1505 , regarding possession, purchase or acceptance of tobacco products, or offering false or fraudulent proof of age for the purpose of purchasing or receiving any tobacco product; (2) The teen will benefit more from participation in the teen court and any disposition that may be recommended than from any other disposition that may be imposed; (3) The teen, in the presence of at least one (1) of the teen's parents or guardian, has executed an informed waiver of rights, including any right to have an attorney present at the dispositional stage; and (4) The particular case does not have any special circumstances, such as suspected mental illness or developmental disability of the teen, or special needs of the victim of the offense, that make the case inappropriate for referral to the teen court.
(1) The offense or attempted offense underlying the juvenile petition was one (1) of the following: (A) Assault, § 39-13-101 ; (B) Burglary, § 39-13-1002 ; (C) Theft of property, § 39-14-103 ; (D) Vandalism, § 39-14-408 ; (E) Forgery, § 39-14-114 ; (F) Cruelty to animals, § 39-14-202 ; (G) Unauthorized use of vehicle, § 39-14-106 ; (H) [Deleted by 2016 amendment.] (I) Disorderly conduct, § 39-17-305 ; (J) Harassment, § 39-17-308 ; (K) Criminal trespass, § 39-14-405 ; (L) Traffic offense, § 37-1-146 ; (M) Runaway, § 37-1-102(b)(32)(D) ; (N) Truancy, § 37-1-102(b)(32)(A) ; (O) Violation of curfew, § 39-17-1702 ; (P) Unruly, § 37-1-102(b)(32) ; (Q) Violation of any of the following sections of the Tennessee Drug Control Act, compiled in title 39, chapter 17, part 4: (i) § 39-17-418(a) or (b) , relative to simple possession or casual exchange of a controlled substance; (ii) § 39-17-422(a) or (b) , relative to smelling or inhaling fumes of any glue, paint, gasoline, aerosol, chlorofluorocarbon gas or other substance containing a solvent having the property of releasing toxic vapors or fumes, or possessing any glue containing a solvent having the property of releasing toxic vapors or fumes for the purpose of smelling or inhaling fumes or vapors; (iii) § 39-17-426 , relative to possession of gentiana lutea, also known as jimsonweed, on the premises or grounds of any school; or (iv) § 39-17-454 , relative to simple possession or casual exchange of a controlled substance analogue; (R) Any criminal offense, status offense, violation, infraction or other prohibited conduct involving the possession, use, sale or consumption of any alcoholic beverage, wine or beer; or (S) A second or subsequent violation, within a one (1) year period, of § 39-17-1505 , regarding possession, purchase or acceptance of tobacco products, or offering false or fraudulent proof of age for the purpose of purchasing or receiving any tobacco product;
(A) Assault, § 39-13-101 ;
(B) Burglary, § 39-13-1002 ;
(C) Theft of property, § 39-14-103 ;
(D) Vandalism, § 39-14-408 ;
(E) Forgery, § 39-14-114 ;
(F) Cruelty to animals, § 39-14-202 ;
(G) Unauthorized use of vehicle, § 39-14-106 ;
(H) [Deleted by 2016 amendment.]
(I) Disorderly conduct, § 39-17-305 ;
(J) Harassment, § 39-17-308 ;
(K) Criminal trespass, § 39-14-405 ;
(L) Traffic offense, § 37-1-146 ;
(M) Runaway, § 37-1-102(b)(32)(D) ;
(N) Truancy, § 37-1-102(b)(32)(A) ;
(O) Violation of curfew, § 39-17-1702 ;
(P) Unruly, § 37-1-102(b)(32) ;
(Q) Violation of any of the following sections of the Tennessee Drug Control Act, compiled in title 39, chapter 17, part 4: (i) § 39-17-418(a) or (b) , relative to simple possession or casual exchange of a controlled substance; (ii) § 39-17-422(a) or (b) , relative to smelling or inhaling fumes of any glue, paint, gasoline, aerosol, chlorofluorocarbon gas or other substance containing a solvent having the property of releasing toxic vapors or fumes, or possessing any glue containing a solvent having the property of releasing toxic vapors or fumes for the purpose of smelling or inhaling fumes or vapors; (iii) § 39-17-426 , relative to possession of gentiana lutea, also known as jimsonweed, on the premises or grounds of any school; or (iv) § 39-17-454 , relative to simple possession or casual exchange of a controlled substance analogue;
(i) § 39-17-418(a) or (b) , relative to simple possession or casual exchange of a controlled substance;
(ii) § 39-17-422(a) or (b) , relative to smelling or inhaling fumes of any glue, paint, gasoline, aerosol, chlorofluorocarbon gas or other substance containing a solvent having the property of releasing toxic vapors or fumes, or possessing any glue containing a solvent having the property of releasing toxic vapors or fumes for the purpose of smelling or inhaling fumes or vapors;
(iii) § 39-17-426 , relative to possession of gentiana lutea, also known as jimsonweed, on the premises or grounds of any school; or
(iv) § 39-17-454 , relative to simple possession or casual exchange of a controlled substance analogue;
(R) Any criminal offense, status offense, violation, infraction or other prohibited conduct involving the possession, use, sale or consumption of any alcoholic beverage, wine or beer; or
(S) A second or subsequent violation, within a one (1) year period, of § 39-17-1505 , regarding possession, purchase or acceptance of tobacco products, or offering false or fraudulent proof of age for the purpose of purchasing or receiving any tobacco product;
(2) The teen will benefit more from participation in the teen court and any disposition that may be recommended than from any other disposition that may be imposed;
(3) The teen, in the presence of at least one (1) of the teen's parents or guardian, has executed an informed waiver of rights, including any right to have an attorney present at the dispositional stage; and
(4) The particular case does not have any special circumstances, such as suspected mental illness or developmental disability of the teen, or special needs of the victim of the offense, that make the case inappropriate for referral to the teen court.
(d) (1) A teen court has the authority to conduct proceedings and to receive evidence and hear testimony related to the dispositional stage, including the authority to request detailed documentation signed by a licensed physician regarding absenteeism in truancy matters. The teen court shall consist of five (5) teen members chosen by the juvenile court as set out in § 37-1-704 . The teen members shall choose a presiding officer who shall conduct the proceeding under the supervision of the juvenile court judge. After hearing all evidence and testimony, the teen court shall retire to deliberate and a written decision shall be written by the presiding officer. (2) The written decision shall be transmitted to the juvenile court judge as a recommendation, together with all papers relating to the case. The written recommendation will specify a proposed disposition together with reasons therefor. (3) Upon receipt of the recommendation, the judge shall review it, along with all papers relating to the case. The judge may accept, modify or reject the recommendation. If the judge accepts the recommendation as presented or modified, the judge shall confirm it by order. If the judge rejects the recommendation, the judge shall permit any additional hearing as may be necessary and shall enter an order as necessary. (4) The juvenile court shall dismiss the petition or charges at the conclusion of the deferral period if the court determines that the teen has successfully completed the teen court program. If the teen fails to successfully complete the prescribed program, or if a new delinquent or unruly petition is filed against the teen during the deferral period, the petition under which the teen court disposition was ordered may be reinstated and the case may proceed as if the teen court disposition had never been entered.
(1) A teen court has the authority to conduct proceedings and to receive evidence and hear testimony related to the dispositional stage, including the authority to request detailed documentation signed by a licensed physician regarding absenteeism in truancy matters. The teen court shall consist of five (5) teen members chosen by the juvenile court as set out in § 37-1-704 . The teen members shall choose a presiding officer who shall conduct the proceeding under the supervision of the juvenile court judge. After hearing all evidence and testimony, the teen court shall retire to deliberate and a written decision shall be written by the presiding officer.
(2) The written decision shall be transmitted to the juvenile court judge as a recommendation, together with all papers relating to the case. The written recommendation will specify a proposed disposition together with reasons therefor.
(3) Upon receipt of the recommendation, the judge shall review it, along with all papers relating to the case. The judge may accept, modify or reject the recommendation. If the judge accepts the recommendation as presented or modified, the judge shall confirm it by order. If the judge rejects the recommendation, the judge shall permit any additional hearing as may be necessary and shall enter an order as necessary.
(4) The juvenile court shall dismiss the petition or charges at the conclusion of the deferral period if the court determines that the teen has successfully completed the teen court program. If the teen fails to successfully complete the prescribed program, or if a new delinquent or unruly petition is filed against the teen during the deferral period, the petition under which the teen court disposition was ordered may be reinstated and the case may proceed as if the teen court disposition had never been entered.
Amended by 2024 Tenn. Acts, ch. 849,s 1, eff. 5/1/2024.
Amended by 2021 Tenn. Acts, ch. 545, s 4, eff. 7/1/2021.
Amended by 2016 Tenn. Acts, ch. 600, Secs.s 14, s 15, s 16 eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 600, s 13, eff. 7/1/2016.
Acts 2000, ch. 792, § 1; imp. am. Acts 2000, ch. 947, § 6; Acts 2001, ch. 341, §§ 1 - 9; 2012 , ch. 848, § 9.
Tenn. Code Ann. § 37-1-166 — TN Code / Title 37 / Chapter 1 / Section 37-1-166
Orders committing or retaining a child within the custody of the department of children's services - Required determinations
Status: in_force

(a) At any proceeding of a juvenile court, prior to ordering a child committed to or retained within the custody of the department of children's services, the court shall first determine whether reasonable efforts have been made to: (1) Prevent the need for removal of the child from such child's family; or (2) Make it possible for the child to return home. (b) Whenever a juvenile court is making the determination required by subsection (a), the department has the burden of demonstrating that reasonable efforts have been made to prevent the need for removal of the child or to make it possible for the child to return home. (c) To enable the court to determine whether such reasonable efforts have been made, the department, in a written affidavit to the court in each proceeding where the child's placement is at issue, shall answer each of the following questions: (1) Is removal of the child from such child's family necessary in order to protect the child, and, if so, then what is the specific risk or risks to the child or family that necessitates removal of the child?; (2) What specific services are necessary to allow the child to remain in the home or to be returned to the home?; (3) What services have been provided to assist the family and the child so as to prevent removal or to reunify the family?; and (4) Has the department had the opportunity to provide services to the family and the child, and, if not, then what are the specific reasons why services could not have been provided? (d) Whenever a juvenile court is making a determination required by subsection (a), based on all the facts and circumstances presented, the court must find whether: (1) There is no less drastic alternative to removal; (2) Reasonable efforts have been made to prevent the need for removal of the child from such child's family or to make it possible for the child to return home; and (3) Continuation of the child's custody with the parent or legal guardian is contrary to the best interests of the child. (e) All parties involved in each proceeding shall receive a copy of the department's affidavit and shall have an opportunity to respond as allowed by law. (f) Unless emergency removal is necessary, the department shall be provided no more than thirty (30) days to investigate or offer services to the family and child in cases where the petition is not filed by the department. (g) (1) As used in this section, "reasonable efforts" means the exercise of reasonable care and diligence by the department to provide services related to meeting the needs of the child and the family. In determining reasonable efforts to be made with respect to a child, as described in this subdivision (g)(1), and in making such reasonable efforts, the child's health and safety shall be the paramount concern. (2) Except as provided in subdivision (g)(4), reasonable efforts shall be made to preserve and reunify families: (A) Prior to the placement of a child in foster care, to prevent or eliminate the need for removing the child from the child's home; and (B) To make it possible for a child to safely return to the child's home. (3) If continuation of reasonable efforts of the type described in subdivision (g)(2) is determined to be inconsistent with the permanency plan for the child, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child. (4) Reasonable efforts of the type described in subdivision (g)(2) shall not be required to be made with respect to a parent of a child if a court of competent jurisdiction has determined that: (A) The parent has subjected the child that is the subject of the petition or any sibling or half-sibling of the child who is the subject of the petition or any other child residing temporarily or permanently in the home to aggravated circumstances as defined in § 36-1-102 ; (B) As set out in § 36-1-113 , the parent has: (i) Committed murder of any sibling or half-sibling of the child who is the subject of the petition or any other child residing temporarily or permanently in the home; (ii) Committed voluntary manslaughter of any sibling or half-sibling of the child who is the subject of the petition or any other child residing temporarily or permanently in the home; (iii) Aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter of the child or any sibling or half-sibling of the child who is the subject of the petition or any other child residing temporarily or permanently in the home; or (iv) Committed a felony assault that results in serious bodily injury to the child or any sibling or half-sibling of the child who is the subject of the petition or any other child residing temporarily or permanently in the home; or (C) The parental rights of the parent to a sibling or half-sibling have been terminated involuntarily. (5) If reasonable efforts of the type described in subdivision (g)(2) are not made with respect to a child as a result of a determination made by a court of competent jurisdiction in accordance with subdivision (g)(4): (A) A permanency hearing shall be held for the child within thirty (30) days after the determination; and (B) Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child. (6) Reasonable efforts to place a child for adoption or with a legal guardian may be made concurrently with reasonable efforts of the type described in subdivision (g)(2). (h) In determining whether to continue or restore custody to a parent is in the best interest of a child, the department shall not require a parent to: (1) Obtain employment if such parent has sufficient resources from other means to care for the child; or (2) Provide the child with the child's own bedroom, unless there are specific safety or medical reasons that would make placement of the child with another child unsafe. Amended by 2013 Tenn. Acts, ch. 354,s 1, eff. 5/13/2013. Acts 1992, ch. 587, § 1; 1996, ch. 1079, § 73; 1998, ch. 1097, § 12.
(a) At any proceeding of a juvenile court, prior to ordering a child committed to or retained within the custody of the department of children's services, the court shall first determine whether reasonable efforts have been made to: (1) Prevent the need for removal of the child from such child's family; or (2) Make it possible for the child to return home.
(1) Prevent the need for removal of the child from such child's family; or
(2) Make it possible for the child to return home.
(b) Whenever a juvenile court is making the determination required by subsection (a), the department has the burden of demonstrating that reasonable efforts have been made to prevent the need for removal of the child or to make it possible for the child to return home.
(c) To enable the court to determine whether such reasonable efforts have been made, the department, in a written affidavit to the court in each proceeding where the child's placement is at issue, shall answer each of the following questions: (1) Is removal of the child from such child's family necessary in order to protect the child, and, if so, then what is the specific risk or risks to the child or family that necessitates removal of the child?; (2) What specific services are necessary to allow the child to remain in the home or to be returned to the home?; (3) What services have been provided to assist the family and the child so as to prevent removal or to reunify the family?; and (4) Has the department had the opportunity to provide services to the family and the child, and, if not, then what are the specific reasons why services could not have been provided?
(1) Is removal of the child from such child's family necessary in order to protect the child, and, if so, then what is the specific risk or risks to the child or family that necessitates removal of the child?;
(2) What specific services are necessary to allow the child to remain in the home or to be returned to the home?;
(3) What services have been provided to assist the family and the child so as to prevent removal or to reunify the family?; and
(4) Has the department had the opportunity to provide services to the family and the child, and, if not, then what are the specific reasons why services could not have been provided?
(d) Whenever a juvenile court is making a determination required by subsection (a), based on all the facts and circumstances presented, the court must find whether: (1) There is no less drastic alternative to removal; (2) Reasonable efforts have been made to prevent the need for removal of the child from such child's family or to make it possible for the child to return home; and (3) Continuation of the child's custody with the parent or legal guardian is contrary to the best interests of the child.
(1) There is no less drastic alternative to removal;
(2) Reasonable efforts have been made to prevent the need for removal of the child from such child's family or to make it possible for the child to return home; and
(3) Continuation of the child's custody with the parent or legal guardian is contrary to the best interests of the child.
(e) All parties involved in each proceeding shall receive a copy of the department's affidavit and shall have an opportunity to respond as allowed by law.
(f) Unless emergency removal is necessary, the department shall be provided no more than thirty (30) days to investigate or offer services to the family and child in cases where the petition is not filed by the department.
(g) (1) As used in this section, "reasonable efforts" means the exercise of reasonable care and diligence by the department to provide services related to meeting the needs of the child and the family. In determining reasonable efforts to be made with respect to a child, as described in this subdivision (g)(1), and in making such reasonable efforts, the child's health and safety shall be the paramount concern. (2) Except as provided in subdivision (g)(4), reasonable efforts shall be made to preserve and reunify families: (A) Prior to the placement of a child in foster care, to prevent or eliminate the need for removing the child from the child's home; and (B) To make it possible for a child to safely return to the child's home. (3) If continuation of reasonable efforts of the type described in subdivision (g)(2) is determined to be inconsistent with the permanency plan for the child, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child. (4) Reasonable efforts of the type described in subdivision (g)(2) shall not be required to be made with respect to a parent of a child if a court of competent jurisdiction has determined that: (A) The parent has subjected the child that is the subject of the petition or any sibling or half-sibling of the child who is the subject of the petition or any other child residing temporarily or permanently in the home to aggravated circumstances as defined in § 36-1-102 ; (B) As set out in § 36-1-113 , the parent has: (i) Committed murder of any sibling or half-sibling of the child who is the subject of the petition or any other child residing temporarily or permanently in the home; (ii) Committed voluntary manslaughter of any sibling or half-sibling of the child who is the subject of the petition or any other child residing temporarily or permanently in the home; (iii) Aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter of the child or any sibling or half-sibling of the child who is the subject of the petition or any other child residing temporarily or permanently in the home; or (iv) Committed a felony assault that results in serious bodily injury to the child or any sibling or half-sibling of the child who is the subject of the petition or any other child residing temporarily or permanently in the home; or (C) The parental rights of the parent to a sibling or half-sibling have been terminated involuntarily. (5) If reasonable efforts of the type described in subdivision (g)(2) are not made with respect to a child as a result of a determination made by a court of competent jurisdiction in accordance with subdivision (g)(4): (A) A permanency hearing shall be held for the child within thirty (30) days after the determination; and (B) Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child. (6) Reasonable efforts to place a child for adoption or with a legal guardian may be made concurrently with reasonable efforts of the type described in subdivision (g)(2).
(1) As used in this section, "reasonable efforts" means the exercise of reasonable care and diligence by the department to provide services related to meeting the needs of the child and the family. In determining reasonable efforts to be made with respect to a child, as described in this subdivision (g)(1), and in making such reasonable efforts, the child's health and safety shall be the paramount concern.
(2) Except as provided in subdivision (g)(4), reasonable efforts shall be made to preserve and reunify families: (A) Prior to the placement of a child in foster care, to prevent or eliminate the need for removing the child from the child's home; and (B) To make it possible for a child to safely return to the child's home.
(A) Prior to the placement of a child in foster care, to prevent or eliminate the need for removing the child from the child's home; and
(B) To make it possible for a child to safely return to the child's home.
(3) If continuation of reasonable efforts of the type described in subdivision (g)(2) is determined to be inconsistent with the permanency plan for the child, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child.
(4) Reasonable efforts of the type described in subdivision (g)(2) shall not be required to be made with respect to a parent of a child if a court of competent jurisdiction has determined that: (A) The parent has subjected the child that is the subject of the petition or any sibling or half-sibling of the child who is the subject of the petition or any other child residing temporarily or permanently in the home to aggravated circumstances as defined in § 36-1-102 ; (B) As set out in § 36-1-113 , the parent has: (i) Committed murder of any sibling or half-sibling of the child who is the subject of the petition or any other child residing temporarily or permanently in the home; (ii) Committed voluntary manslaughter of any sibling or half-sibling of the child who is the subject of the petition or any other child residing temporarily or permanently in the home; (iii) Aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter of the child or any sibling or half-sibling of the child who is the subject of the petition or any other child residing temporarily or permanently in the home; or (iv) Committed a felony assault that results in serious bodily injury to the child or any sibling or half-sibling of the child who is the subject of the petition or any other child residing temporarily or permanently in the home; or (C) The parental rights of the parent to a sibling or half-sibling have been terminated involuntarily.
(A) The parent has subjected the child that is the subject of the petition or any sibling or half-sibling of the child who is the subject of the petition or any other child residing temporarily or permanently in the home to aggravated circumstances as defined in § 36-1-102 ;
(B) As set out in § 36-1-113 , the parent has: (i) Committed murder of any sibling or half-sibling of the child who is the subject of the petition or any other child residing temporarily or permanently in the home; (ii) Committed voluntary manslaughter of any sibling or half-sibling of the child who is the subject of the petition or any other child residing temporarily or permanently in the home; (iii) Aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter of the child or any sibling or half-sibling of the child who is the subject of the petition or any other child residing temporarily or permanently in the home; or (iv) Committed a felony assault that results in serious bodily injury to the child or any sibling or half-sibling of the child who is the subject of the petition or any other child residing temporarily or permanently in the home; or
(i) Committed murder of any sibling or half-sibling of the child who is the subject of the petition or any other child residing temporarily or permanently in the home;
(ii) Committed voluntary manslaughter of any sibling or half-sibling of the child who is the subject of the petition or any other child residing temporarily or permanently in the home;
(iii) Aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter of the child or any sibling or half-sibling of the child who is the subject of the petition or any other child residing temporarily or permanently in the home; or
(iv) Committed a felony assault that results in serious bodily injury to the child or any sibling or half-sibling of the child who is the subject of the petition or any other child residing temporarily or permanently in the home; or
(C) The parental rights of the parent to a sibling or half-sibling have been terminated involuntarily.
(5) If reasonable efforts of the type described in subdivision (g)(2) are not made with respect to a child as a result of a determination made by a court of competent jurisdiction in accordance with subdivision (g)(4): (A) A permanency hearing shall be held for the child within thirty (30) days after the determination; and (B) Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child.
(A) A permanency hearing shall be held for the child within thirty (30) days after the determination; and
(B) Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child.
(6) Reasonable efforts to place a child for adoption or with a legal guardian may be made concurrently with reasonable efforts of the type described in subdivision (g)(2).
(h) In determining whether to continue or restore custody to a parent is in the best interest of a child, the department shall not require a parent to: (1) Obtain employment if such parent has sufficient resources from other means to care for the child; or (2) Provide the child with the child's own bedroom, unless there are specific safety or medical reasons that would make placement of the child with another child unsafe.
(1) Obtain employment if such parent has sufficient resources from other means to care for the child; or
(2) Provide the child with the child's own bedroom, unless there are specific safety or medical reasons that would make placement of the child with another child unsafe.
Amended by 2013 Tenn. Acts, ch. 354,s 1, eff. 5/13/2013.
Acts 1992, ch. 587, § 1; 1996, ch. 1079, § 73; 1998, ch. 1097, § 12.
Tenn. Code Ann. § 37-1-191 — TN Code / Title 37 / Chapter 1 / Section 37-1-191
Adjudication of minor as an adult - Transfer considerations - Confinement of minors
Status: in_force

(a) (1) If a child is alleged to have committed an offense or engaged in conduct that is designated a crime or public offense under the laws of this state, and the child meets the criteria listed in subdivision (a)(2), then the court, before a hearing on the merits of the petition, shall conduct a hearing to determine whether the child should be transferred to a criminal court of competent jurisdiction to be tried as an adult. (2) Subdivision (a)(1) applies if the child was sixteen (16) years of age or older at the time of the alleged conduct and charged with the offense of: (A) First degree murder; (B) Second degree murder; or (C) Attempted first or second degree murder. (3) A hearing pursuant to subdivision (a)(1) must be held in conformity with §§ 37-1-124 , 37-1-126 , and 37-1-127 . (4) The court shall provide reasonable notice in writing of the time, place, and purpose of the hearing to the child and the child's parents, guardian, or other custodian at least fourteen (14) days prior to the hearing. (b) (1) Except as provided in subdivision (b)(2), the child must be transferred and tried as an adult in criminal court if the juvenile court finds probable cause to believe that: (A) The child committed the delinquent act as alleged; and (B) The child is not committable to an institution for the developmentally disabled or mentally ill. (2) The district attorney general shall not seek, nor shall any child tried as an adult in criminal court receive, a sentence of death or mandatory imprisonment for life without the possibility of parole. (3) If the juvenile court determines that the child must be transferred to criminal court to be tried as an adult, then the court shall enter a written order detailing the court's findings of fact and conclusions of law. Following entry of the order, the child is subject to indictment, presentation, or information for the offense charged. (4) If the juvenile court determines that the child must not be transferred to criminal court to be tried as an adult, then the court shall enter a written order detailing the court's findings of fact and conclusions of law. (5) Pursuant to § 37-1-159 , the criminal court, or court having criminal jurisdiction, may review the juvenile court's determination. (c) Section 37-1-134(c)-(h) apply to a juvenile transferred to criminal court under this section. (d) When a child transferred under this section is detained, the juvenile court shall order confinement in a local juvenile detention facility or a juvenile detention facility with which it contracts, except that the juvenile court may order confinement in an adult detention facility separate and removed from adult detainees if the sheriff affirms to the court that the adult detention facility has the ability to comply with the requirements of § 37-1-116 , and that the population of the adult detention facility does not exceed the capacity of the facility. The court having adult criminal jurisdiction may thereafter order detention in an adult detention facility separate and removed from adult detainees; provided, however, that during the period while such child is detained separately from adult detainees, the child must otherwise abide by the same regulations and policies governing conditions of imprisonment that apply to adult detainees who are charged with similar offenses. Similar regulations and policies governing educational opportunities for adults must be implemented for a child so detained, but such regulations and policies do not affect or alter the manner in which a local education agency is required to provide educational services to a child under the federal Individuals with Disabilities Education Act ( 20 U.S.C. § 1471 et seq.). (e) A person who is transferred under this section and who was sixteen (16) years of age or older at the time of the offense and is subsequently convicted and committed must be housed in a juvenile correctional facility unless the committing court orders commitment to an adult facility. A person committed to an adult facility under this section must be housed separate and removed from adult inmates. In exercising the commissioner's discretion under § 41-1-403 to determine the institutional location of any such person, the commissioner of correction shall take into consideration the proximity of the institution to the person's home. However, during any period while the person is confined separately from adult inmates within a regional facility, the person shall otherwise abide by the same regulations and policies governing conditions of imprisonment that apply to adult inmates who are confined for similar offenses. Similar regulations and policies governing educational opportunities for adults must be implemented for a child so detained, but the regulations and policies must not affect or alter the manner in which a local education agency is required to provide educational services to a child under the federal Individuals with Disabilities Education Act ( 20 U.S.C. § 1471 et seq.). Added by 2024 Tenn. Acts, ch. 1007,s 10, eff. 1/1/2025.
(a) (1) If a child is alleged to have committed an offense or engaged in conduct that is designated a crime or public offense under the laws of this state, and the child meets the criteria listed in subdivision (a)(2), then the court, before a hearing on the merits of the petition, shall conduct a hearing to determine whether the child should be transferred to a criminal court of competent jurisdiction to be tried as an adult. (2) Subdivision (a)(1) applies if the child was sixteen (16) years of age or older at the time of the alleged conduct and charged with the offense of: (A) First degree murder; (B) Second degree murder; or (C) Attempted first or second degree murder. (3) A hearing pursuant to subdivision (a)(1) must be held in conformity with §§ 37-1-124 , 37-1-126 , and 37-1-127 . (4) The court shall provide reasonable notice in writing of the time, place, and purpose of the hearing to the child and the child's parents, guardian, or other custodian at least fourteen (14) days prior to the hearing.
(1) If a child is alleged to have committed an offense or engaged in conduct that is designated a crime or public offense under the laws of this state, and the child meets the criteria listed in subdivision (a)(2), then the court, before a hearing on the merits of the petition, shall conduct a hearing to determine whether the child should be transferred to a criminal court of competent jurisdiction to be tried as an adult.
(2) Subdivision (a)(1) applies if the child was sixteen (16) years of age or older at the time of the alleged conduct and charged with the offense of: (A) First degree murder; (B) Second degree murder; or (C) Attempted first or second degree murder.
(A) First degree murder;
(B) Second degree murder; or
(C) Attempted first or second degree murder.
(3) A hearing pursuant to subdivision (a)(1) must be held in conformity with §§ 37-1-124 , 37-1-126 , and 37-1-127 .
(4) The court shall provide reasonable notice in writing of the time, place, and purpose of the hearing to the child and the child's parents, guardian, or other custodian at least fourteen (14) days prior to the hearing.
(b) (1) Except as provided in subdivision (b)(2), the child must be transferred and tried as an adult in criminal court if the juvenile court finds probable cause to believe that: (A) The child committed the delinquent act as alleged; and (B) The child is not committable to an institution for the developmentally disabled or mentally ill. (2) The district attorney general shall not seek, nor shall any child tried as an adult in criminal court receive, a sentence of death or mandatory imprisonment for life without the possibility of parole. (3) If the juvenile court determines that the child must be transferred to criminal court to be tried as an adult, then the court shall enter a written order detailing the court's findings of fact and conclusions of law. Following entry of the order, the child is subject to indictment, presentation, or information for the offense charged. (4) If the juvenile court determines that the child must not be transferred to criminal court to be tried as an adult, then the court shall enter a written order detailing the court's findings of fact and conclusions of law. (5) Pursuant to § 37-1-159 , the criminal court, or court having criminal jurisdiction, may review the juvenile court's determination.
(1) Except as provided in subdivision (b)(2), the child must be transferred and tried as an adult in criminal court if the juvenile court finds probable cause to believe that: (A) The child committed the delinquent act as alleged; and (B) The child is not committable to an institution for the developmentally disabled or mentally ill.
(A) The child committed the delinquent act as alleged; and
(B) The child is not committable to an institution for the developmentally disabled or mentally ill.
(2) The district attorney general shall not seek, nor shall any child tried as an adult in criminal court receive, a sentence of death or mandatory imprisonment for life without the possibility of parole.
(3) If the juvenile court determines that the child must be transferred to criminal court to be tried as an adult, then the court shall enter a written order detailing the court's findings of fact and conclusions of law. Following entry of the order, the child is subject to indictment, presentation, or information for the offense charged.
(4) If the juvenile court determines that the child must not be transferred to criminal court to be tried as an adult, then the court shall enter a written order detailing the court's findings of fact and conclusions of law.
(5) Pursuant to § 37-1-159 , the criminal court, or court having criminal jurisdiction, may review the juvenile court's determination.
(c) Section 37-1-134(c)-(h) apply to a juvenile transferred to criminal court under this section.
(d) When a child transferred under this section is detained, the juvenile court shall order confinement in a local juvenile detention facility or a juvenile detention facility with which it contracts, except that the juvenile court may order confinement in an adult detention facility separate and removed from adult detainees if the sheriff affirms to the court that the adult detention facility has the ability to comply with the requirements of § 37-1-116 , and that the population of the adult detention facility does not exceed the capacity of the facility. The court having adult criminal jurisdiction may thereafter order detention in an adult detention facility separate and removed from adult detainees; provided, however, that during the period while such child is detained separately from adult detainees, the child must otherwise abide by the same regulations and policies governing conditions of imprisonment that apply to adult detainees who are charged with similar offenses. Similar regulations and policies governing educational opportunities for adults must be implemented for a child so detained, but such regulations and policies do not affect or alter the manner in which a local education agency is required to provide educational services to a child under the federal Individuals with Disabilities Education Act ( 20 U.S.C. § 1471 et seq.).
(e) A person who is transferred under this section and who was sixteen (16) years of age or older at the time of the offense and is subsequently convicted and committed must be housed in a juvenile correctional facility unless the committing court orders commitment to an adult facility. A person committed to an adult facility under this section must be housed separate and removed from adult inmates. In exercising the commissioner's discretion under § 41-1-403 to determine the institutional location of any such person, the commissioner of correction shall take into consideration the proximity of the institution to the person's home. However, during any period while the person is confined separately from adult inmates within a regional facility, the person shall otherwise abide by the same regulations and policies governing conditions of imprisonment that apply to adult inmates who are confined for similar offenses. Similar regulations and policies governing educational opportunities for adults must be implemented for a child so detained, but the regulations and policies must not affect or alter the manner in which a local education agency is required to provide educational services to a child under the federal Individuals with Disabilities Education Act ( 20 U.S.C. § 1471 et seq.).
Added by 2024 Tenn. Acts, ch. 1007,s 10, eff. 1/1/2025.
Tenn. Code Ann. § 37-1-705 — TN Code / Title 37 / Chapter 1 / Section 37-1-705
Legislative intent - Location of teen court proceedings - Immunity of participants - Confidentiality
Status: in_force

(a) It is the legislative intent that teen court proceedings shall be, to the extent possible, conducted by teens with limited adult participation. The Tennessee Rules of Juvenile Procedure shall not apply. The juvenile court judge shall have the authority to appoint teens to serve as prosecuting and defense attorneys. It is further the legislative intent that the juvenile court shall have the flexibility to establish procedures, not inconsistent with this part, to assure fairness and equity and to protect the rights of all parties. (b) Every juvenile court judge, whether or not such judge establishes a teen court, may hold juvenile court proceedings at a public high school or middle school in the county of the court's jurisdiction for at least one (1) day per year. Such court proceeding shall be publicized in cooperation with the local school authorities in a manner to encourage teen observation and, where appropriate, participation. (c) Each participant in teen court proceedings has the same immunity provided by law for judicial proceedings. (d) All records used in, or otherwise related to, teen court proceedings shall be confidential to the full extent provided by current law, except as necessary to permit functioning of the teen court. Nothing contained in this section shall, in any manner, alter the confidentiality of records or proceedings under current juvenile court law. Acts 2000, ch. 792, § 1; imp. am. Acts 2000, ch. 947, § 6; Acts 2001, ch. 341, § 9.
(a) It is the legislative intent that teen court proceedings shall be, to the extent possible, conducted by teens with limited adult participation. The Tennessee Rules of Juvenile Procedure shall not apply. The juvenile court judge shall have the authority to appoint teens to serve as prosecuting and defense attorneys. It is further the legislative intent that the juvenile court shall have the flexibility to establish procedures, not inconsistent with this part, to assure fairness and equity and to protect the rights of all parties.
(b) Every juvenile court judge, whether or not such judge establishes a teen court, may hold juvenile court proceedings at a public high school or middle school in the county of the court's jurisdiction for at least one (1) day per year. Such court proceeding shall be publicized in cooperation with the local school authorities in a manner to encourage teen observation and, where appropriate, participation.
(c) Each participant in teen court proceedings has the same immunity provided by law for judicial proceedings.
(d) All records used in, or otherwise related to, teen court proceedings shall be confidential to the full extent provided by current law, except as necessary to permit functioning of the teen court. Nothing contained in this section shall, in any manner, alter the confidentiality of records or proceedings under current juvenile court law.
Acts 2000, ch. 792, § 1; imp. am. Acts 2000, ch. 947, § 6; Acts 2001, ch. 341, § 9.
Tenn. Code Ann. § 37-3-507 — TN Code / Title 37 / Chapter 3 / Section 37-3-507
Purpose of informational clearinghouse
Status: in_force

(a) The Tennessee informational clearinghouse on teenage pregnancy is created strictly for the purpose of providing the people of this state with an accurate, accessible, and centralized repository of information concerning teenage pregnancy and related problems as well as available programs and services. (b) Nothing contained within this part shall be construed as authorizing or requiring the commission or the clearinghouse to certify or otherwise attest to the quality of any program or service for which it maintains information. (c) The clearinghouse shall not provide, and shall not be used for, counseling services. Acts 1987, ch. 441, § 1.
(a) The Tennessee informational clearinghouse on teenage pregnancy is created strictly for the purpose of providing the people of this state with an accurate, accessible, and centralized repository of information concerning teenage pregnancy and related problems as well as available programs and services.
(b) Nothing contained within this part shall be construed as authorizing or requiring the commission or the clearinghouse to certify or otherwise attest to the quality of any program or service for which it maintains information.
(c) The clearinghouse shall not provide, and shall not be used for, counseling services.
Acts 1987, ch. 441, § 1.
Tenn. Code Ann. § 37-1-154 — TN Code / Title 37 / Chapter 1 / Section 37-1-154
Law enforcement records - Inspection limited - Exceptions for certain violent offenders
Status: in_force

(a) Unless a charge of delinquency is transferred for criminal prosecution under § 37-1-134 , the interest of national security requires or the court otherwise orders in the interest of the child, the law enforcement records and files shall not be open to public inspection or their contents disclosed to the public; but inspection of the records and files is permitted by: (1) A juvenile court having the child before it in any proceeding; (2) Counsel for a party to the proceeding; (3) The officers of public institutions or agencies to whom the child is committed; (4) Law enforcement officers of other jurisdictions when necessary for the discharge of their official duties; and (5) A court in which such child is convicted of a criminal offense for the purpose of a presentence report or other dispositional proceeding, or by officials of penal institutions and other penal facilities to which such child is committed, or by a parole board in considering such child's parole or discharge or in exercising supervision over such child. (b) Notwithstanding subsection (a), petitions and orders of the court in a delinquency proceeding under this part shall be opened to public inspection and their content subject to disclosure to the public if: (1) (A) The juvenile is fourteen (14) years of age or older at the time of the alleged act; and (B) The conduct constituting the delinquent act, if committed by an adult, would constitute first degree murder, second degree murder, rape, aggravated rape, aggravated sexual battery, rape of a child, aggravated rape of a child, aggravated robbery, especially aggravated robbery, kidnapping, aggravated kidnapping, or especially aggravated kidnapping; or (2) The conduct constituting the delinquent act, if committed by an adult, would constitute an act of terrorism, as defined by § 39-13-803 , or an attempt to commit an act of terrorism. (c) Notwithstanding the provisions of this section, if a court file or record contains any documents other than petitions and orders, including, but not limited to, a medical report, psychological evaluation or any other document, such document or record shall remain confidential. (d) (1) Except as otherwise permitted in this section, it is an offense for a person to intentionally disclose or disseminate to the public the law enforcement records concerning a charge of delinquency, including the child's name and address. (2) A violation of this subsection (d) shall be punished as criminal contempt of court as otherwise authorized by law. (e) Notwithstanding other provisions of this section, where notice is required under § 49-6-3051 , an abstract of the appropriate adjudication contained in the court file or record shall be made and provided to the parent, guardian, or other custodian of the juvenile, including the department, and this abstract shall be presented to the school in which the juvenile is, or may be, enrolled, in compliance with § 49-6-3051 . Amended by 2020 Tenn. Acts, ch. 806, s 1, eff. 10/1/2020. Acts 1970, ch. 600, § 52; T.C.A., § 37-252; Acts 1994, ch. 998, § 1; 1999, ch. 366, § 2; 2003 , ch. 238, § 3; 2005, ch. 265, § 5.
(a) Unless a charge of delinquency is transferred for criminal prosecution under § 37-1-134 , the interest of national security requires or the court otherwise orders in the interest of the child, the law enforcement records and files shall not be open to public inspection or their contents disclosed to the public; but inspection of the records and files is permitted by: (1) A juvenile court having the child before it in any proceeding; (2) Counsel for a party to the proceeding; (3) The officers of public institutions or agencies to whom the child is committed; (4) Law enforcement officers of other jurisdictions when necessary for the discharge of their official duties; and (5) A court in which such child is convicted of a criminal offense for the purpose of a presentence report or other dispositional proceeding, or by officials of penal institutions and other penal facilities to which such child is committed, or by a parole board in considering such child's parole or discharge or in exercising supervision over such child.
(1) A juvenile court having the child before it in any proceeding;
(2) Counsel for a party to the proceeding;
(3) The officers of public institutions or agencies to whom the child is committed;
(4) Law enforcement officers of other jurisdictions when necessary for the discharge of their official duties; and
(5) A court in which such child is convicted of a criminal offense for the purpose of a presentence report or other dispositional proceeding, or by officials of penal institutions and other penal facilities to which such child is committed, or by a parole board in considering such child's parole or discharge or in exercising supervision over such child.
(b) Notwithstanding subsection (a), petitions and orders of the court in a delinquency proceeding under this part shall be opened to public inspection and their content subject to disclosure to the public if: (1) (A) The juvenile is fourteen (14) years of age or older at the time of the alleged act; and (B) The conduct constituting the delinquent act, if committed by an adult, would constitute first degree murder, second degree murder, rape, aggravated rape, aggravated sexual battery, rape of a child, aggravated rape of a child, aggravated robbery, especially aggravated robbery, kidnapping, aggravated kidnapping, or especially aggravated kidnapping; or (2) The conduct constituting the delinquent act, if committed by an adult, would constitute an act of terrorism, as defined by § 39-13-803 , or an attempt to commit an act of terrorism.
(1) (A) The juvenile is fourteen (14) years of age or older at the time of the alleged act; and (B) The conduct constituting the delinquent act, if committed by an adult, would constitute first degree murder, second degree murder, rape, aggravated rape, aggravated sexual battery, rape of a child, aggravated rape of a child, aggravated robbery, especially aggravated robbery, kidnapping, aggravated kidnapping, or especially aggravated kidnapping; or
(A) The juvenile is fourteen (14) years of age or older at the time of the alleged act; and
(B) The conduct constituting the delinquent act, if committed by an adult, would constitute first degree murder, second degree murder, rape, aggravated rape, aggravated sexual battery, rape of a child, aggravated rape of a child, aggravated robbery, especially aggravated robbery, kidnapping, aggravated kidnapping, or especially aggravated kidnapping; or
(2) The conduct constituting the delinquent act, if committed by an adult, would constitute an act of terrorism, as defined by § 39-13-803 , or an attempt to commit an act of terrorism.
(c) Notwithstanding the provisions of this section, if a court file or record contains any documents other than petitions and orders, including, but not limited to, a medical report, psychological evaluation or any other document, such document or record shall remain confidential.
(d) (1) Except as otherwise permitted in this section, it is an offense for a person to intentionally disclose or disseminate to the public the law enforcement records concerning a charge of delinquency, including the child's name and address. (2) A violation of this subsection (d) shall be punished as criminal contempt of court as otherwise authorized by law.
(1) Except as otherwise permitted in this section, it is an offense for a person to intentionally disclose or disseminate to the public the law enforcement records concerning a charge of delinquency, including the child's name and address.
(2) A violation of this subsection (d) shall be punished as criminal contempt of court as otherwise authorized by law.
(e) Notwithstanding other provisions of this section, where notice is required under § 49-6-3051 , an abstract of the appropriate adjudication contained in the court file or record shall be made and provided to the parent, guardian, or other custodian of the juvenile, including the department, and this abstract shall be presented to the school in which the juvenile is, or may be, enrolled, in compliance with § 49-6-3051 .
Amended by 2020 Tenn. Acts, ch. 806, s 1, eff. 10/1/2020.
Acts 1970, ch. 600, § 52; T.C.A., § 37-252; Acts 1994, ch. 998, § 1; 1999, ch. 366, § 2; 2003 , ch. 238, § 3; 2005, ch. 265, § 5.
Tenn. Code Ann. § 37-1-504 — TN Code / Title 37 / Chapter 1 / Section 37-1-504
Annual meeting - Subject matter
Status: in_force

(a) The council shall meet annually for the consideration of any and all matters pertaining to the discharge of the official duties and obligations of its members, to the end that there shall be a more efficient and prompt administration of justice in the juvenile courts of this state, and to the end that the causes of dependency, neglect and delinquency of juveniles be consistently better understood and dealt with through the use of all available sources, including the resources of the departments of education, mental health and substance abuse services, disability and aging, and children's services. (b) It is the legislative intent and direction that the council actively pursue the ends and purposes set out in this section. Amended by 2024 Tenn. Acts, ch. 688,s 121, eff. 7/1/2024. Acts 1972, ch. 833, § 3; impl. am. Acts 1975, ch. 219, § 1; impl. am. Acts 1975, ch. 248, § 1; T.C.A., § 37-280; Acts 1996, ch. 1079, § 73; imp. am. Acts 2000, ch. 947, § 6; 2010 , ch. 1100, § 52; 2012 , ch. 575, § 1.
(a) The council shall meet annually for the consideration of any and all matters pertaining to the discharge of the official duties and obligations of its members, to the end that there shall be a more efficient and prompt administration of justice in the juvenile courts of this state, and to the end that the causes of dependency, neglect and delinquency of juveniles be consistently better understood and dealt with through the use of all available sources, including the resources of the departments of education, mental health and substance abuse services, disability and aging, and children's services.
(b) It is the legislative intent and direction that the council actively pursue the ends and purposes set out in this section.
Amended by 2024 Tenn. Acts, ch. 688,s 121, eff. 7/1/2024.
Acts 1972, ch. 833, § 3; impl. am. Acts 1975, ch. 219, § 1; impl. am. Acts 1975, ch. 248, § 1; T.C.A., § 37-280; Acts 1996, ch. 1079, § 73; imp. am. Acts 2000, ch. 947, § 6; 2010 , ch. 1100, § 52; 2012 , ch. 575, § 1.
Tenn. Code Ann. § 37-1-164 — TN Code / Title 37 / Chapter 1 / Section 37-1-164
Risk and needs assessment
Status: in_force

(a) A validated risk and needs assessment shall be used in all delinquent cases post disposition in making decisions and recommendations regarding programming and treatment. (b) The department may make available a validated tool for use by any juvenile court; however, any juvenile court may instead choose to use a different validated tool. (c) Any risk and needs assessment tool that is adopted by a juvenile court or the department must periodically undergo a validation study to ensure that the risk and needs assessment is predictive of the risk of reoffending of the population on which the tool is being administered. (d) Each delinquent child ordered to probation supervision under § 37-1-131 or committed to the custody of the department shall undergo a validated risk and needs assessment within seven (7) days of the court's disposition, excluding nonjudicial days, to inform supervision level, referrals to programs and services, and case planning. (e) In delinquent cases, the court may order that a risk and needs assessment be conducted prior to disposition if there is written agreement from the child, the child's parent, guardian, or legal custodian, and, if applicable, the child's attorney. A child may undergo such a risk and needs assessment prior to disposition to identify specific factors that predict a child's likelihood of reoffending and, when appropriately addressed, may reduce the likelihood of reoffending, and the results of the risk and needs assessment shall be provided to the court prior to or at the time of the disposition of the child. (f) The administrative office of the courts may provide to each juvenile court having jurisdiction over a child charged with a delinquent or unruly offense the results of any validated risk and needs assessment concerning that child completed by another juvenile court; provided, that the judge or magistrate of the court having jurisdiction shall not access, review, or otherwise utilize such results before disposition. Amended by 2021 Tenn. Acts, ch. 184, s 2, eff. 7/1/2021. Acts 2018, ch. 1052, § 48.
(a) A validated risk and needs assessment shall be used in all delinquent cases post disposition in making decisions and recommendations regarding programming and treatment.
(b) The department may make available a validated tool for use by any juvenile court; however, any juvenile court may instead choose to use a different validated tool.
(c) Any risk and needs assessment tool that is adopted by a juvenile court or the department must periodically undergo a validation study to ensure that the risk and needs assessment is predictive of the risk of reoffending of the population on which the tool is being administered.
(d) Each delinquent child ordered to probation supervision under § 37-1-131 or committed to the custody of the department shall undergo a validated risk and needs assessment within seven (7) days of the court's disposition, excluding nonjudicial days, to inform supervision level, referrals to programs and services, and case planning.
(e) In delinquent cases, the court may order that a risk and needs assessment be conducted prior to disposition if there is written agreement from the child, the child's parent, guardian, or legal custodian, and, if applicable, the child's attorney. A child may undergo such a risk and needs assessment prior to disposition to identify specific factors that predict a child's likelihood of reoffending and, when appropriately addressed, may reduce the likelihood of reoffending, and the results of the risk and needs assessment shall be provided to the court prior to or at the time of the disposition of the child.
(f) The administrative office of the courts may provide to each juvenile court having jurisdiction over a child charged with a delinquent or unruly offense the results of any validated risk and needs assessment concerning that child completed by another juvenile court; provided, that the judge or magistrate of the court having jurisdiction shall not access, review, or otherwise utilize such results before disposition.
Amended by 2021 Tenn. Acts, ch. 184, s 2, eff. 7/1/2021.
Acts 2018, ch. 1052, § 48.
Tenn. Code Ann. § 37-3-604 — TN Code / Title 37 / Chapter 3 / Section 37-3-604
[Repealed] [Repealed]
Status: repealed

Repealed by 2015 Tenn. Acts, ch. 212, s 2, eff. 4/20/2015. Amended by 2013 Tenn. Acts, ch. 236, s 25, eff. 4/19/2013. Acts 1991, ch. 185, § 4; 1998, ch. 1097, § 26; 2011 , ch. 410, § 3(n).
Repealed by 2015 Tenn. Acts, ch. 212, s 2, eff. 4/20/2015.
Amended by 2013 Tenn. Acts, ch. 236, s 25, eff. 4/19/2013.
Acts 1991, ch. 185, § 4; 1998, ch. 1097, § 26; 2011 , ch. 410, § 3(n).
Tenn. Code Ann. § 37-5-509 — TN Code / Title 37 / Chapter 5 / Section 37-5-509
Criminal violations
Status: in_force

(a) Any person or entity, as defined in § 37-5-501 , operating a child care agency without being licensed by the department or who continues to operate while a suspension of the license is in effect, or who operates a child care agency following the effective date of a denial or revocation of a license, commits a Class A misdemeanor. (b) Each day of operation without an effective license constitutes a separate offense. (c) (1) It is unlawful for any person who is an operator, licensee or employee of a child care agency to make any statement, whether written or verbal, knowing such statement is false, including, but not limited to, statements regarding: (A) The number of children in the child care agency; (B) The area of the child care agency used for child care; or (C) The credentials, licensure or qualification of any care giver, employee, substitute or volunteer of the child care agency, when such statement is made to a parent or guardian of a child in the care of such agency, to any state or local official having jurisdiction over such agencies, or to any law enforcement officer. (2) In order for subdivision (c)(1) to apply, the falsity of the statement must place at risk the health or safety of a child in the care of the child care agency. (3) A violation of subdivision (c)(1) is a Class A misdemeanor. (4) This subsection (c) includes statements made in any child care agency license application that misrepresents or conceals a material fact that would have resulted in the license's being denied. (5) In addition to any punishment authorized under this subsection (c), the department may also take any licensure action authorized under this part. Acts 2000, ch. 981, § 27.
(a) Any person or entity, as defined in § 37-5-501 , operating a child care agency without being licensed by the department or who continues to operate while a suspension of the license is in effect, or who operates a child care agency following the effective date of a denial or revocation of a license, commits a Class A misdemeanor.
(b) Each day of operation without an effective license constitutes a separate offense.
(c) (1) It is unlawful for any person who is an operator, licensee or employee of a child care agency to make any statement, whether written or verbal, knowing such statement is false, including, but not limited to, statements regarding: (A) The number of children in the child care agency; (B) The area of the child care agency used for child care; or (C) The credentials, licensure or qualification of any care giver, employee, substitute or volunteer of the child care agency, when such statement is made to a parent or guardian of a child in the care of such agency, to any state or local official having jurisdiction over such agencies, or to any law enforcement officer. (2) In order for subdivision (c)(1) to apply, the falsity of the statement must place at risk the health or safety of a child in the care of the child care agency. (3) A violation of subdivision (c)(1) is a Class A misdemeanor. (4) This subsection (c) includes statements made in any child care agency license application that misrepresents or conceals a material fact that would have resulted in the license's being denied. (5) In addition to any punishment authorized under this subsection (c), the department may also take any licensure action authorized under this part.
(1) It is unlawful for any person who is an operator, licensee or employee of a child care agency to make any statement, whether written or verbal, knowing such statement is false, including, but not limited to, statements regarding: (A) The number of children in the child care agency; (B) The area of the child care agency used for child care; or (C) The credentials, licensure or qualification of any care giver, employee, substitute or volunteer of the child care agency, when such statement is made to a parent or guardian of a child in the care of such agency, to any state or local official having jurisdiction over such agencies, or to any law enforcement officer.
(A) The number of children in the child care agency;
(B) The area of the child care agency used for child care; or
(C) The credentials, licensure or qualification of any care giver, employee, substitute or volunteer of the child care agency, when such statement is made to a parent or guardian of a child in the care of such agency, to any state or local official having jurisdiction over such agencies, or to any law enforcement officer.
(2) In order for subdivision (c)(1) to apply, the falsity of the statement must place at risk the health or safety of a child in the care of the child care agency.
(3) A violation of subdivision (c)(1) is a Class A misdemeanor.
(4) This subsection (c) includes statements made in any child care agency license application that misrepresents or conceals a material fact that would have resulted in the license's being denied.
(5) In addition to any punishment authorized under this subsection (c), the department may also take any licensure action authorized under this part.
Acts 2000, ch. 981, § 27.
Tenn. Code Ann. § 37-1-309 — TN Code / Title 37 / Chapter 1 / Section 37-1-309
Grounds for dismissal of petition - Hearing on petition - Issuance of orders or stays
Status: in_force

(a) When the petition has been competently drafted, and all pleadings, files and records of the case that are before the court conclusively show that the petitioner is entitled to no relief, the court may order the petition dismissed. (b) In all other cases, the court shall grant a hearing as soon as practicable. (c) The court shall issue such interlocutory order, including a stay of execution, as may be required. Acts 1978, ch. 750, § 9; T.C.A., § 37-1709.
(a) When the petition has been competently drafted, and all pleadings, files and records of the case that are before the court conclusively show that the petitioner is entitled to no relief, the court may order the petition dismissed.
(b) In all other cases, the court shall grant a hearing as soon as practicable.
(c) The court shall issue such interlocutory order, including a stay of execution, as may be required.
Acts 1978, ch. 750, § 9; T.C.A., § 37-1709.
Tenn. Code Ann. § 37-5-114 — TN Code / Title 37 / Chapter 5 / Section 37-5-114
Transfer from department of youth development
Status: in_force

(a) Any juvenile program that was administered by the department of youth development prior to May 21, 1996, shall be transferred to, and administered by, the department of children's services on and after May 21, 1996. (b) All staff, staff positions, offices, equipment, supplies, property, funds and other resources of any juvenile program under the department of youth development shall be transferred to the department of children's services. (c) (1) References to the department of youth development or the division of juvenile probation relative to programs for juveniles appearing elsewhere in this code shall be deemed to be references to the department of children's services. (2) (A) The code commission is directed to change references to the existing titles of officials, offices, agencies and entities, whenever they appear in this code, to conform to the titles of officials, offices, agencies and entities created by this chapter. (B) The code commission is authorized to make grammatical changes in the provisions of this code to effectuate such changes. (d) (1) All contracts and leases entered into by the department of youth development relative to programs for juveniles shall continue in full force and effect as to all provisions in accordance with the terms and conditions of such contracts or leases in existence on May 21, 1996, unless and until such contracts or leases expire or are duly amended or modified by the parties thereto. (2) All rules, policies, orders and decisions related to juvenile services promulgated or issued by the department of youth development prior to, and in effect on May 21, 1996, shall remain in force and effect and shall be administered and enforced by the department of children's services until duly amended, repealed, expired, modified or superseded. Acts 1996, ch. 1079, § 15.
(a) Any juvenile program that was administered by the department of youth development prior to May 21, 1996, shall be transferred to, and administered by, the department of children's services on and after May 21, 1996.
(b) All staff, staff positions, offices, equipment, supplies, property, funds and other resources of any juvenile program under the department of youth development shall be transferred to the department of children's services.
(c) (1) References to the department of youth development or the division of juvenile probation relative to programs for juveniles appearing elsewhere in this code shall be deemed to be references to the department of children's services. (2) (A) The code commission is directed to change references to the existing titles of officials, offices, agencies and entities, whenever they appear in this code, to conform to the titles of officials, offices, agencies and entities created by this chapter. (B) The code commission is authorized to make grammatical changes in the provisions of this code to effectuate such changes.
(1) References to the department of youth development or the division of juvenile probation relative to programs for juveniles appearing elsewhere in this code shall be deemed to be references to the department of children's services.
(2) (A) The code commission is directed to change references to the existing titles of officials, offices, agencies and entities, whenever they appear in this code, to conform to the titles of officials, offices, agencies and entities created by this chapter. (B) The code commission is authorized to make grammatical changes in the provisions of this code to effectuate such changes.
(A) The code commission is directed to change references to the existing titles of officials, offices, agencies and entities, whenever they appear in this code, to conform to the titles of officials, offices, agencies and entities created by this chapter.
(B) The code commission is authorized to make grammatical changes in the provisions of this code to effectuate such changes.
(d) (1) All contracts and leases entered into by the department of youth development relative to programs for juveniles shall continue in full force and effect as to all provisions in accordance with the terms and conditions of such contracts or leases in existence on May 21, 1996, unless and until such contracts or leases expire or are duly amended or modified by the parties thereto. (2) All rules, policies, orders and decisions related to juvenile services promulgated or issued by the department of youth development prior to, and in effect on May 21, 1996, shall remain in force and effect and shall be administered and enforced by the department of children's services until duly amended, repealed, expired, modified or superseded.
(1) All contracts and leases entered into by the department of youth development relative to programs for juveniles shall continue in full force and effect as to all provisions in accordance with the terms and conditions of such contracts or leases in existence on May 21, 1996, unless and until such contracts or leases expire or are duly amended or modified by the parties thereto.
(2) All rules, policies, orders and decisions related to juvenile services promulgated or issued by the department of youth development prior to, and in effect on May 21, 1996, shall remain in force and effect and shall be administered and enforced by the department of children's services until duly amended, repealed, expired, modified or superseded.
Acts 1996, ch. 1079, § 15.
Tenn. Code Ann. § 37-5-133 — TN Code / Title 37 / Chapter 5 / Section 37-5-133
Medical or full-time school enrollment verification
Status: in_force

By July 1, 2022, and every year thereafter, the department of children's services shall require any person receiving federal or state-funded adoption assistance from the department for adopting a child to provide the department with verification from the adopted child's current medical or mental health professional provider or verification of full-time school enrollment from the school the child attends. The medical or full-time school enrollment verification shall consist of a form or forms developed by the department, but must not require any records from those providing the verification. The department may initiate a visit to ascertain the well-being of the child if the person fails to provide the required documentation. Added by 2021 Tenn. Acts, ch. 163,s 1, eff. 7/1/2021.
By July 1, 2022, and every year thereafter, the department of children's services shall require any person receiving federal or state-funded adoption assistance from the department for adopting a child to provide the department with verification from the adopted child's current medical or mental health professional provider or verification of full-time school enrollment from the school the child attends. The medical or full-time school enrollment verification shall consist of a form or forms developed by the department, but must not require any records from those providing the verification. The department may initiate a visit to ascertain the well-being of the child if the person fails to provide the required documentation.
Added by 2021 Tenn. Acts, ch. 163,s 1, eff. 7/1/2021.
Tenn. Code Ann. § 37-2-301 — TN Code / Title 37 / Chapter 2 / Section 37-2-301
Authority to provide
Status: in_force

Counties, through their county legislative bodies, are authorized and empowered to set up subsidized receiving homes for the care of dependent, neglected or abandoned children, or children without proper parental care or guardianship, whenever an order is made by proper resolution duly adopted by a majority of the members constituting the legislative body and placed on the minutes of the legislative body. Acts 1949, ch. 222, § 1; C. Supp. 1950, § 4746.1 (Williams, § 4765.119); T.C.A. (orig. ed.), § 37-601.
Counties, through their county legislative bodies, are authorized and empowered to set up subsidized receiving homes for the care of dependent, neglected or abandoned children, or children without proper parental care or guardianship, whenever an order is made by proper resolution duly adopted by a majority of the members constituting the legislative body and placed on the minutes of the legislative body.
Acts 1949, ch. 222, § 1; C. Supp. 1950, § 4746.1 (Williams, § 4765.119); T.C.A. (orig. ed.), § 37-601.
Tenn. Code Ann. § 37-1-184 — TN Code / Title 37 / Chapter 1 / Section 37-1-184
Provider performance metrics
Status: in_force

(a) The department shall develop a system of performance-based metrics and incentives to use with the state institutions, foster and group homes, and any other entities, public or private, that are authorized by law to receive or provide care or services for children under this part. (b) These metrics and incentives should encourage use of graduated responses, evidence-based programming, and an intended timeline of three (3) to six (6) months for successful program completion. Acts 2018, ch. 1052, § 50.
(a) The department shall develop a system of performance-based metrics and incentives to use with the state institutions, foster and group homes, and any other entities, public or private, that are authorized by law to receive or provide care or services for children under this part.
(b) These metrics and incentives should encourage use of graduated responses, evidence-based programming, and an intended timeline of three (3) to six (6) months for successful program completion.
Acts 2018, ch. 1052, § 50.