Tenn. Code Ann. § 37-5-105 — TN Code / Title 37 / Chapter 5 / Section 37-5-105
Powers and duties of commissioner
Status: in_force

The commissioner, or the commissioner's designee, has the following powers and duties in addition to such other powers and duties as may be specifically provided by law in this title or as otherwise provided by law: (1) Select and recommend to the appropriate state officials the employment or transfer of all personnel required for the operation of the department, except, however, the transfer of any employees pursuant to this chapter or the initial organization of the new department pursuant to this chapter shall not result in any impairment, interruption or diminution of employee rights, privileges, salary, benefits, leave accumulation or employment; and further, such transfer of employees pursuant to this chapter or initial organization of the new department pursuant to this chapter shall not result in a contract employee supervising a preferred service employee or conducting a job performance evaluation for a preferred service employee; (2) Recommend to the appropriate state officials the salaries and compensation of all officers and employees of the department; (3) Make and adopt rules, regulations and policies for the government, management and supervision of state children's service agencies or facilities, and children's services; prescribe the powers and duties of the officers and employees thereof; and provide for the care of children served by the department; provided, however, that such rules shall be consistent with and subject to licensing approval authority of any other state agency that has responsibility for licensing or approval of any portion of program services or facilities provided by the department; (4) (A) Publish, in accordance with the rules, regulations, policies and procedures of the state publication committee, an annual report on the operation of the department and the services and programs under its supervision by January 31 and furnish the report to the governor, members of the general assembly, other persons and relevant entities that may request the report such as the Tennessee council of juvenile and family court judges and the Tennessee commission on children and youth, and others as the governor may consider appropriate; (B) Such annual report shall contain information regarding foster care services, including definitions, racial composition, and statutory or regulatory authority where appropriate as to the following: (i) Placement Information. Total number of children in foster care by region and segmented by: (a) Level of placement (I-IV); (b) Placement type (department of children's services foster home, continuum contracts, pre-adoptive or adoptive, diagnostic shelter, emergency shelter, medical or surgical hospital, miscellaneous, specialized residential school, trial home visit); (c) Average length of custody; and (d) Number of department of children's services foster care placements currently available; (ii) Social Services Caseload Information. Total social services case managers by region and segmented by: (a) Case manager slots; (b) Actual filled slots; (c) Average salary; (d) Average social services caseload; and (e) Range of social services caseload; (iii) Legal Support by Region. Total number of attorneys and paralegal staff: (a) Number of attorney slots; (b) Number of attorney filled slots; (c) Number of paralegal slots; and (d) Number of paralegal filled slots; (C) The annual report must contain information about any escape, attempted escape, security breach, as defined in § 37-1-116(j)(5) , or attempted security breach that has occurred in the previous calendar year at a secure detention or correctional facility designated, operated, or approved by a juvenile court for confinement of juveniles. The information must include the facts of the escape, security breach, or attempt, the time when the escape, breach, or attempt occurred, and the circumstances under which the escape, breach, or attempt occurred; (5) Direct the placement of children in appropriate state programs or facilities, or contract programs or facilities, in conformity with constitutional, statutory or regulatory requirements; (6) Assume general responsibility for the proper and efficient operation of the department, its services and programs. The commissioner may establish such divisions and units within the department as necessary for its efficient operation; (7) Promulgate necessary rules and regulations to govern administrative searches and inspections of employees of the department, juveniles in the custody of the department and visitors to facilities of the department. Such rules shall provide guidelines and standards for the manner in which the searches authorized by this subdivision (7) shall be conducted; (8) Promulgate rules and regulations concerning drug testing that are not inconsistent with the provisions of § 41-1-121 ; (9) (A) Conduct investigations as deemed necessary to the performance of the commissioner's duties, and to that end, the commissioner shall have the same power as a judge of the court of general sessions to administer oaths and to enforce the attendance and testimony of witnesses and the production of books and papers; (B) The commissioner shall keep a record of such investigations, stating the time, place, nature or subject, witnesses summoned and examined, and the commissioner's conclusions; (C) In matters involving the conduct of an office, a stenographic report of the evidence may be taken and a copy thereof with all documents introduced kept on file at the office of the department; (D) The fees of witnesses for attendance and travel shall be the same as in the circuit court, but no officer or employee of the institution under investigation shall be entitled thereto; (E) Any judge of the circuit or chancery court, either in term time or in vacation, upon application of the commissioner, may compel the attendance of witnesses, the production of books or papers and the giving of testimony before the commissioner, by a judgment for contempt or otherwise, in the same manner as in the cases before a circuit or chancery court; (10) (A) The commissioner shall have the authority to conduct or cause to be conducted any administrative hearings relating to any factual determinations that the department is authorized or required to make pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, or pursuant to any other hearing procedures required by law or that may be necessary to provide due process procedures for individuals affected by the programs administered by the department; (B) The commissioner, or any officer or employee of the department upon written authorization from the commissioner, has the power to administer oath and affirmations, take depositions, issue subpoenas and require the production of documents and any books and records that may be necessary in the conduct of such hearings; (11) Perform all duties and exercise all authority set forth in part 3 of this chapter, regarding community services agencies; (12) (A) Establish a children's services advisory council having fifteen (15) members appointed by the commissioner to act in an advisory capacity on any matter within the jurisdiction of the department. Appointees to the council shall include, but not be limited to, representatives of local law enforcement, mental health professionals, local education agencies, juvenile court officials, social workers, health care providers, consumers of services such as parents, foster parents or family members of children who are or have been recipients of services from the department, child advocates, persons having specialized knowledge or experience and public and private agencies that provide services to children. The members of the council shall be appointed with a conscious intention of reflecting a diverse mixture with respect to race and gender. Each community services agency region shall be represented by at least one (1) individual on the council; (B) The term of a member of the children's services advisory council shall be three (3) years with the terms staggered so as to replace no more than one-third (1/3) of the members each year. Members of the council may be reappointed after their terms expire. Members of the council shall continue in office until the expiration of the terms for which they were respectively appointed and until such time as their successors are appointed. Vacancies occurring on the council by reasons of death or resignation shall be filled in the same manner as a regular appointment for the remainder of the unexpired term; (C) Members shall be reimbursed for their actual expenses for attending meetings of the council. All reimbursement for travel expenses shall be in accordance with the provisions of the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter; (D) The duties of the council shall be to advise the commissioner regarding issues pertaining to the purpose of the department and its work when requested by the commissioner. Annually, the council shall elect one (1) of its members to serve as chair of the council and one (1) member to serve as secretary. Minutes of each meeting shall be kept and sent to the commissioner. Any officer may be elected to consecutive terms; (13) Establish, from time to time, committees composed of representatives from the public or private sectors, or both, for such purposes and durations as may be deemed appropriate or required by the commissioner. Members of such committees shall be reimbursed for their actual expenses for attending meetings of their respective committees. All reimbursement for travel expenses shall be in accordance with the provisions of the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter; (14) (A) Establish and administer, jointly with the state treasurer, a scholarship program for the sole purpose of providing financial assistance to foster children wishing to pursue opportunities in higher education; (B) The scholarship program established and administered pursuant to subdivision (14)(A) shall be funded from state appropriations and from such individual and corporate grants, donations and contributions as the commissioner shall solicit and receive specifically for such purpose; (15) In consultation with the child sexual abuse task force established by § 37-1-603(b)(1) , the child advocacy centers, the Tennessee council of juvenile and family court judges, the Tennessee commission on children and youth, the Tennessee supreme court administrative office of the court, the district attorneys general conference and the juvenile and criminal court clerks, develop a plan and recommendations regarding requirements for extensive, detailed information regarding all reports of child maltreatment and the criminal, civil or administrative disposition of all allegations, by type, of child maltreatment and, by type, of disposition, including data regarding the victims and the perpetrators, to be collected by the department and submit the plan and recommendations to the judiciary committee of the senate and the civil justice committee of the house of representatives. Any child-specific information shall be confidential, except as otherwise provided by statute; (16) Promote collaboration and accountability among local, public, and private programs to improve the lives of children and families, including continuing accreditation with the Council on Accreditation for Children and Family Services, Inc. or its equivalent, to develop strategies consistent with best practice standards for delivery of services. If the department fails to maintain accreditation, a report shall be provided to the general assembly outlining the reasons the department is no longer accredited; and (17) (A) Report to the governor, the chief clerk of the senate, and the chief clerk of the house of representatives on probation and juvenile justice evidence-based treatment services by January 31 of each year for the previous fiscal year; (B) Such report shall contain the following: (i) Probation information: (a) The number of children served by state probation; (b) [Deleted by 2021 amendment.] (c) The average daily cost per child served by state probation; (ii) Custodial information: (a) The total number of children in juvenile justice placements; (b) The number of children placed in youth development centers; (c) The number of children placed in community placements; (d) The average daily cost per child placed in a community placement; and (e) The average daily cost per child placed in a youth development center; (iii) Recidivism and system penetration information: (a) The number of children receiving probation services who entered state custody; (b) The recidivism rate for children receiving state probation services; (c) The recidivism rate for children receiving county probation services; (d) The recidivism rate for children not receiving probation services; and (e) The recidivism rate for children receiving any probation services; and (iv) Evidence-based services information: (a) The number of children receiving evidence-based treatment services; (b) The percentage of treatment services that are evidence-based; (c) The number of children receiving prevention services; (d) The number of children receiving evidence-based prevention services; and (e) A list of juvenile courts receiving prevention grants or other prevention funding from the department, the amount of funding received, and the percentage of funding being used for evidence-based prevention services. Amended by 2021 Tenn. Acts, ch. 252, s 3, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 184, s 5, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 64, s 33, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 43, eff. 5/10/2019. Amended by 2016 Tenn. Acts, ch. 1005, s 1, eff. 7/1/2016. Amended by 2013 Tenn. Acts, ch. 236, s 82, eff. 4/19/2013. Acts 1996, ch. 1079, § 6; 1999, ch. 508, § 5; 1999, ch. 521, §§ 1 - 3; 2001, ch. 401, § 2; 2006, ch. 890, § 4; 2010 , ch. 1044, § 1; 2011 , ch. 410, § 3(r); 2012 , ch. 800, § 49.
The commissioner, or the commissioner's designee, has the following powers and duties in addition to such other powers and duties as may be specifically provided by law in this title or as otherwise provided by law:
(1) Select and recommend to the appropriate state officials the employment or transfer of all personnel required for the operation of the department, except, however, the transfer of any employees pursuant to this chapter or the initial organization of the new department pursuant to this chapter shall not result in any impairment, interruption or diminution of employee rights, privileges, salary, benefits, leave accumulation or employment; and further, such transfer of employees pursuant to this chapter or initial organization of the new department pursuant to this chapter shall not result in a contract employee supervising a preferred service employee or conducting a job performance evaluation for a preferred service employee;
(2) Recommend to the appropriate state officials the salaries and compensation of all officers and employees of the department;
(3) Make and adopt rules, regulations and policies for the government, management and supervision of state children's service agencies or facilities, and children's services; prescribe the powers and duties of the officers and employees thereof; and provide for the care of children served by the department; provided, however, that such rules shall be consistent with and subject to licensing approval authority of any other state agency that has responsibility for licensing or approval of any portion of program services or facilities provided by the department;
(4) (A) Publish, in accordance with the rules, regulations, policies and procedures of the state publication committee, an annual report on the operation of the department and the services and programs under its supervision by January 31 and furnish the report to the governor, members of the general assembly, other persons and relevant entities that may request the report such as the Tennessee council of juvenile and family court judges and the Tennessee commission on children and youth, and others as the governor may consider appropriate; (B) Such annual report shall contain information regarding foster care services, including definitions, racial composition, and statutory or regulatory authority where appropriate as to the following: (i) Placement Information. Total number of children in foster care by region and segmented by: (a) Level of placement (I-IV); (b) Placement type (department of children's services foster home, continuum contracts, pre-adoptive or adoptive, diagnostic shelter, emergency shelter, medical or surgical hospital, miscellaneous, specialized residential school, trial home visit); (c) Average length of custody; and (d) Number of department of children's services foster care placements currently available; (ii) Social Services Caseload Information. Total social services case managers by region and segmented by: (a) Case manager slots; (b) Actual filled slots; (c) Average salary; (d) Average social services caseload; and (e) Range of social services caseload; (iii) Legal Support by Region. Total number of attorneys and paralegal staff: (a) Number of attorney slots; (b) Number of attorney filled slots; (c) Number of paralegal slots; and (d) Number of paralegal filled slots; (C) The annual report must contain information about any escape, attempted escape, security breach, as defined in § 37-1-116(j)(5) , or attempted security breach that has occurred in the previous calendar year at a secure detention or correctional facility designated, operated, or approved by a juvenile court for confinement of juveniles. The information must include the facts of the escape, security breach, or attempt, the time when the escape, breach, or attempt occurred, and the circumstances under which the escape, breach, or attempt occurred;
(A) Publish, in accordance with the rules, regulations, policies and procedures of the state publication committee, an annual report on the operation of the department and the services and programs under its supervision by January 31 and furnish the report to the governor, members of the general assembly, other persons and relevant entities that may request the report such as the Tennessee council of juvenile and family court judges and the Tennessee commission on children and youth, and others as the governor may consider appropriate;
(B) Such annual report shall contain information regarding foster care services, including definitions, racial composition, and statutory or regulatory authority where appropriate as to the following: (i) Placement Information. Total number of children in foster care by region and segmented by: (a) Level of placement (I-IV); (b) Placement type (department of children's services foster home, continuum contracts, pre-adoptive or adoptive, diagnostic shelter, emergency shelter, medical or surgical hospital, miscellaneous, specialized residential school, trial home visit); (c) Average length of custody; and (d) Number of department of children's services foster care placements currently available; (ii) Social Services Caseload Information. Total social services case managers by region and segmented by: (a) Case manager slots; (b) Actual filled slots; (c) Average salary; (d) Average social services caseload; and (e) Range of social services caseload; (iii) Legal Support by Region. Total number of attorneys and paralegal staff: (a) Number of attorney slots; (b) Number of attorney filled slots; (c) Number of paralegal slots; and (d) Number of paralegal filled slots;
(i) Placement Information. Total number of children in foster care by region and segmented by: (a) Level of placement (I-IV); (b) Placement type (department of children's services foster home, continuum contracts, pre-adoptive or adoptive, diagnostic shelter, emergency shelter, medical or surgical hospital, miscellaneous, specialized residential school, trial home visit); (c) Average length of custody; and (d) Number of department of children's services foster care placements currently available;
(a) Level of placement (I-IV);
(b) Placement type (department of children's services foster home, continuum contracts, pre-adoptive or adoptive, diagnostic shelter, emergency shelter, medical or surgical hospital, miscellaneous, specialized residential school, trial home visit);
(c) Average length of custody; and
(d) Number of department of children's services foster care placements currently available;
(ii) Social Services Caseload Information. Total social services case managers by region and segmented by: (a) Case manager slots; (b) Actual filled slots; (c) Average salary; (d) Average social services caseload; and (e) Range of social services caseload;
(a) Case manager slots;
(b) Actual filled slots;
(c) Average salary;
(d) Average social services caseload; and
(e) Range of social services caseload;
(iii) Legal Support by Region. Total number of attorneys and paralegal staff: (a) Number of attorney slots; (b) Number of attorney filled slots; (c) Number of paralegal slots; and (d) Number of paralegal filled slots;
(a) Number of attorney slots;
(b) Number of attorney filled slots;
(c) Number of paralegal slots; and
(d) Number of paralegal filled slots;
(C) The annual report must contain information about any escape, attempted escape, security breach, as defined in § 37-1-116(j)(5) , or attempted security breach that has occurred in the previous calendar year at a secure detention or correctional facility designated, operated, or approved by a juvenile court for confinement of juveniles. The information must include the facts of the escape, security breach, or attempt, the time when the escape, breach, or attempt occurred, and the circumstances under which the escape, breach, or attempt occurred;
(5) Direct the placement of children in appropriate state programs or facilities, or contract programs or facilities, in conformity with constitutional, statutory or regulatory requirements;
(6) Assume general responsibility for the proper and efficient operation of the department, its services and programs. The commissioner may establish such divisions and units within the department as necessary for its efficient operation;
(7) Promulgate necessary rules and regulations to govern administrative searches and inspections of employees of the department, juveniles in the custody of the department and visitors to facilities of the department. Such rules shall provide guidelines and standards for the manner in which the searches authorized by this subdivision (7) shall be conducted;
(8) Promulgate rules and regulations concerning drug testing that are not inconsistent with the provisions of § 41-1-121 ;
(9) (A) Conduct investigations as deemed necessary to the performance of the commissioner's duties, and to that end, the commissioner shall have the same power as a judge of the court of general sessions to administer oaths and to enforce the attendance and testimony of witnesses and the production of books and papers; (B) The commissioner shall keep a record of such investigations, stating the time, place, nature or subject, witnesses summoned and examined, and the commissioner's conclusions; (C) In matters involving the conduct of an office, a stenographic report of the evidence may be taken and a copy thereof with all documents introduced kept on file at the office of the department; (D) The fees of witnesses for attendance and travel shall be the same as in the circuit court, but no officer or employee of the institution under investigation shall be entitled thereto; (E) Any judge of the circuit or chancery court, either in term time or in vacation, upon application of the commissioner, may compel the attendance of witnesses, the production of books or papers and the giving of testimony before the commissioner, by a judgment for contempt or otherwise, in the same manner as in the cases before a circuit or chancery court;
(A) Conduct investigations as deemed necessary to the performance of the commissioner's duties, and to that end, the commissioner shall have the same power as a judge of the court of general sessions to administer oaths and to enforce the attendance and testimony of witnesses and the production of books and papers;
(B) The commissioner shall keep a record of such investigations, stating the time, place, nature or subject, witnesses summoned and examined, and the commissioner's conclusions;
(C) In matters involving the conduct of an office, a stenographic report of the evidence may be taken and a copy thereof with all documents introduced kept on file at the office of the department;
(D) The fees of witnesses for attendance and travel shall be the same as in the circuit court, but no officer or employee of the institution under investigation shall be entitled thereto;
(E) Any judge of the circuit or chancery court, either in term time or in vacation, upon application of the commissioner, may compel the attendance of witnesses, the production of books or papers and the giving of testimony before the commissioner, by a judgment for contempt or otherwise, in the same manner as in the cases before a circuit or chancery court;
(10) (A) The commissioner shall have the authority to conduct or cause to be conducted any administrative hearings relating to any factual determinations that the department is authorized or required to make pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, or pursuant to any other hearing procedures required by law or that may be necessary to provide due process procedures for individuals affected by the programs administered by the department; (B) The commissioner, or any officer or employee of the department upon written authorization from the commissioner, has the power to administer oath and affirmations, take depositions, issue subpoenas and require the production of documents and any books and records that may be necessary in the conduct of such hearings;
(A) The commissioner shall have the authority to conduct or cause to be conducted any administrative hearings relating to any factual determinations that the department is authorized or required to make pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, or pursuant to any other hearing procedures required by law or that may be necessary to provide due process procedures for individuals affected by the programs administered by the department;
(B) The commissioner, or any officer or employee of the department upon written authorization from the commissioner, has the power to administer oath and affirmations, take depositions, issue subpoenas and require the production of documents and any books and records that may be necessary in the conduct of such hearings;
(11) Perform all duties and exercise all authority set forth in part 3 of this chapter, regarding community services agencies;
(12) (A) Establish a children's services advisory council having fifteen (15) members appointed by the commissioner to act in an advisory capacity on any matter within the jurisdiction of the department. Appointees to the council shall include, but not be limited to, representatives of local law enforcement, mental health professionals, local education agencies, juvenile court officials, social workers, health care providers, consumers of services such as parents, foster parents or family members of children who are or have been recipients of services from the department, child advocates, persons having specialized knowledge or experience and public and private agencies that provide services to children. The members of the council shall be appointed with a conscious intention of reflecting a diverse mixture with respect to race and gender. Each community services agency region shall be represented by at least one (1) individual on the council; (B) The term of a member of the children's services advisory council shall be three (3) years with the terms staggered so as to replace no more than one-third (1/3) of the members each year. Members of the council may be reappointed after their terms expire. Members of the council shall continue in office until the expiration of the terms for which they were respectively appointed and until such time as their successors are appointed. Vacancies occurring on the council by reasons of death or resignation shall be filled in the same manner as a regular appointment for the remainder of the unexpired term; (C) Members shall be reimbursed for their actual expenses for attending meetings of the council. All reimbursement for travel expenses shall be in accordance with the provisions of the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter; (D) The duties of the council shall be to advise the commissioner regarding issues pertaining to the purpose of the department and its work when requested by the commissioner. Annually, the council shall elect one (1) of its members to serve as chair of the council and one (1) member to serve as secretary. Minutes of each meeting shall be kept and sent to the commissioner. Any officer may be elected to consecutive terms;
(A) Establish a children's services advisory council having fifteen (15) members appointed by the commissioner to act in an advisory capacity on any matter within the jurisdiction of the department. Appointees to the council shall include, but not be limited to, representatives of local law enforcement, mental health professionals, local education agencies, juvenile court officials, social workers, health care providers, consumers of services such as parents, foster parents or family members of children who are or have been recipients of services from the department, child advocates, persons having specialized knowledge or experience and public and private agencies that provide services to children. The members of the council shall be appointed with a conscious intention of reflecting a diverse mixture with respect to race and gender. Each community services agency region shall be represented by at least one (1) individual on the council;
(B) The term of a member of the children's services advisory council shall be three (3) years with the terms staggered so as to replace no more than one-third (1/3) of the members each year. Members of the council may be reappointed after their terms expire. Members of the council shall continue in office until the expiration of the terms for which they were respectively appointed and until such time as their successors are appointed. Vacancies occurring on the council by reasons of death or resignation shall be filled in the same manner as a regular appointment for the remainder of the unexpired term;
(C) Members shall be reimbursed for their actual expenses for attending meetings of the council. All reimbursement for travel expenses shall be in accordance with the provisions of the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter;
(D) The duties of the council shall be to advise the commissioner regarding issues pertaining to the purpose of the department and its work when requested by the commissioner. Annually, the council shall elect one (1) of its members to serve as chair of the council and one (1) member to serve as secretary. Minutes of each meeting shall be kept and sent to the commissioner. Any officer may be elected to consecutive terms;
(13) Establish, from time to time, committees composed of representatives from the public or private sectors, or both, for such purposes and durations as may be deemed appropriate or required by the commissioner. Members of such committees shall be reimbursed for their actual expenses for attending meetings of their respective committees. All reimbursement for travel expenses shall be in accordance with the provisions of the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter;
(14) (A) Establish and administer, jointly with the state treasurer, a scholarship program for the sole purpose of providing financial assistance to foster children wishing to pursue opportunities in higher education; (B) The scholarship program established and administered pursuant to subdivision (14)(A) shall be funded from state appropriations and from such individual and corporate grants, donations and contributions as the commissioner shall solicit and receive specifically for such purpose;
(A) Establish and administer, jointly with the state treasurer, a scholarship program for the sole purpose of providing financial assistance to foster children wishing to pursue opportunities in higher education;
(B) The scholarship program established and administered pursuant to subdivision (14)(A) shall be funded from state appropriations and from such individual and corporate grants, donations and contributions as the commissioner shall solicit and receive specifically for such purpose;
(15) In consultation with the child sexual abuse task force established by § 37-1-603(b)(1) , the child advocacy centers, the Tennessee council of juvenile and family court judges, the Tennessee commission on children and youth, the Tennessee supreme court administrative office of the court, the district attorneys general conference and the juvenile and criminal court clerks, develop a plan and recommendations regarding requirements for extensive, detailed information regarding all reports of child maltreatment and the criminal, civil or administrative disposition of all allegations, by type, of child maltreatment and, by type, of disposition, including data regarding the victims and the perpetrators, to be collected by the department and submit the plan and recommendations to the judiciary committee of the senate and the civil justice committee of the house of representatives. Any child-specific information shall be confidential, except as otherwise provided by statute;
(16) Promote collaboration and accountability among local, public, and private programs to improve the lives of children and families, including continuing accreditation with the Council on Accreditation for Children and Family Services, Inc. or its equivalent, to develop strategies consistent with best practice standards for delivery of services. If the department fails to maintain accreditation, a report shall be provided to the general assembly outlining the reasons the department is no longer accredited; and
(17) (A) Report to the governor, the chief clerk of the senate, and the chief clerk of the house of representatives on probation and juvenile justice evidence-based treatment services by January 31 of each year for the previous fiscal year; (B) Such report shall contain the following: (i) Probation information: (a) The number of children served by state probation; (b) [Deleted by 2021 amendment.] (c) The average daily cost per child served by state probation; (ii) Custodial information: (a) The total number of children in juvenile justice placements; (b) The number of children placed in youth development centers; (c) The number of children placed in community placements; (d) The average daily cost per child placed in a community placement; and (e) The average daily cost per child placed in a youth development center; (iii) Recidivism and system penetration information: (a) The number of children receiving probation services who entered state custody; (b) The recidivism rate for children receiving state probation services; (c) The recidivism rate for children receiving county probation services; (d) The recidivism rate for children not receiving probation services; and (e) The recidivism rate for children receiving any probation services; and (iv) Evidence-based services information: (a) The number of children receiving evidence-based treatment services; (b) The percentage of treatment services that are evidence-based; (c) The number of children receiving prevention services; (d) The number of children receiving evidence-based prevention services; and (e) A list of juvenile courts receiving prevention grants or other prevention funding from the department, the amount of funding received, and the percentage of funding being used for evidence-based prevention services.
(A) Report to the governor, the chief clerk of the senate, and the chief clerk of the house of representatives on probation and juvenile justice evidence-based treatment services by January 31 of each year for the previous fiscal year;
(B) Such report shall contain the following: (i) Probation information: (a) The number of children served by state probation; (b) [Deleted by 2021 amendment.] (c) The average daily cost per child served by state probation; (ii) Custodial information: (a) The total number of children in juvenile justice placements; (b) The number of children placed in youth development centers; (c) The number of children placed in community placements; (d) The average daily cost per child placed in a community placement; and (e) The average daily cost per child placed in a youth development center; (iii) Recidivism and system penetration information: (a) The number of children receiving probation services who entered state custody; (b) The recidivism rate for children receiving state probation services; (c) The recidivism rate for children receiving county probation services; (d) The recidivism rate for children not receiving probation services; and (e) The recidivism rate for children receiving any probation services; and (iv) Evidence-based services information: (a) The number of children receiving evidence-based treatment services; (b) The percentage of treatment services that are evidence-based; (c) The number of children receiving prevention services; (d) The number of children receiving evidence-based prevention services; and (e) A list of juvenile courts receiving prevention grants or other prevention funding from the department, the amount of funding received, and the percentage of funding being used for evidence-based prevention services.
(i) Probation information: (a) The number of children served by state probation; (b) [Deleted by 2021 amendment.] (c) The average daily cost per child served by state probation;
(a) The number of children served by state probation;
(b) [Deleted by 2021 amendment.]
(c) The average daily cost per child served by state probation;
(ii) Custodial information: (a) The total number of children in juvenile justice placements; (b) The number of children placed in youth development centers; (c) The number of children placed in community placements; (d) The average daily cost per child placed in a community placement; and (e) The average daily cost per child placed in a youth development center;
(a) The total number of children in juvenile justice placements;
(b) The number of children placed in youth development centers;
(c) The number of children placed in community placements;
(d) The average daily cost per child placed in a community placement; and
(e) The average daily cost per child placed in a youth development center;
(iii) Recidivism and system penetration information: (a) The number of children receiving probation services who entered state custody; (b) The recidivism rate for children receiving state probation services; (c) The recidivism rate for children receiving county probation services; (d) The recidivism rate for children not receiving probation services; and (e) The recidivism rate for children receiving any probation services; and
(a) The number of children receiving probation services who entered state custody;
(b) The recidivism rate for children receiving state probation services;
(c) The recidivism rate for children receiving county probation services;
(d) The recidivism rate for children not receiving probation services; and
(e) The recidivism rate for children receiving any probation services; and
(iv) Evidence-based services information: (a) The number of children receiving evidence-based treatment services; (b) The percentage of treatment services that are evidence-based; (c) The number of children receiving prevention services; (d) The number of children receiving evidence-based prevention services; and (e) A list of juvenile courts receiving prevention grants or other prevention funding from the department, the amount of funding received, and the percentage of funding being used for evidence-based prevention services.
(a) The number of children receiving evidence-based treatment services;
(b) The percentage of treatment services that are evidence-based;
(c) The number of children receiving prevention services;
(d) The number of children receiving evidence-based prevention services; and
(e) A list of juvenile courts receiving prevention grants or other prevention funding from the department, the amount of funding received, and the percentage of funding being used for evidence-based prevention services.
Amended by 2021 Tenn. Acts, ch. 252, s 3, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 184, s 5, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 64, s 33, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 43, eff. 5/10/2019.
Amended by 2016 Tenn. Acts, ch. 1005, s 1, eff. 7/1/2016.
Amended by 2013 Tenn. Acts, ch. 236, s 82, eff. 4/19/2013.
Acts 1996, ch. 1079, § 6; 1999, ch. 508, § 5; 1999, ch. 521, §§ 1 - 3; 2001, ch. 401, § 2; 2006, ch. 890, § 4; 2010 , ch. 1044, § 1; 2011 , ch. 410, § 3(r); 2012 , ch. 800, § 49.
Tenn. Code Ann. § 37-1-134 — TN Code / Title 37 / Chapter 1 / Section 37-1-134
Transfer from juvenile court
Status: in_force

(a) After a petition has been filed alleging delinquency based on conduct that is designated a crime or public offense under the laws, including local ordinances, of this state, the court, before hearing the petition on the merits, may transfer the child to the sheriff of the county to be held according to law and to be dealt with as an adult in the criminal court of competent jurisdiction. The disposition of the child shall be as if the child were an adult if: (1) (A) The child was: (i) (a) Less than fourteen (14) years of age at the time of the alleged conduct and charged with first degree murder or second degree murder or attempted first or second degree murder; (b) Fourteen (14) years of age or more but less than sixteen (16) years of age at the time of the alleged conduct and charged with first degree murder or second degree murder or attempted first or second degree murder; (ii) Fourteen (14) years of age or more but less than seventeen (17) years of age at the time of the alleged conduct and charged with the offense of rape, aggravated rape, rape of a child, aggravated rape of a child, aggravated robbery, especially aggravated robbery, aggravated burglary, especially aggravated burglary, kidnapping, aggravated kidnapping, especially aggravated kidnapping, commission of an act of terrorism, carjacking, or an attempt to commit any such offenses; (iii) Fifteen (15) years of age or older at the time of the alleged conduct and charged with the offense of organized retail crime, as defined in § 39-14-113 ; theft of a firearm, as defined in § 39-11-106 ; or attempt to commit such an offense; (iv) (a) Sixteen (16) years of age or more at the time of the alleged conduct; and (b) (1) Charged with the offense of robbery or attempt to commit robbery; or (2) Confined in a youth development center approved, certified, or licensed by the department of children's services, and charged with escape therefrom; or (v) Seventeen (17) years of age or more at the time of the alleged conduct and charged with an offense other than first degree murder or second degree murder or attempted first or second degree murder; (B) The district attorney general shall not seek, nor shall any child transferred under this section receive, a sentence of death for the offense for which the child was transferred; (2) A hearing on whether the transfer should be made is held in conformity with §§ 37-1-124 , 37-1-126 and 37-1-127 ; (3) Reasonable notice in writing of the time, place and purpose of the hearing is given to the child and the child's parents, guardian or other custodian at least fourteen (14) days prior to the hearing; and (4) The court finds that there is probable cause to believe that: (A) The child committed the delinquent act as alleged; (B) The child is not committable to an institution for the developmentally disabled or mentally ill; and (C) The interests of the community require that the child be put under legal restraint or discipline. (b) In making the determination required by subsection (a), the court shall consider, among other matters: (1) The extent and nature of the child's prior delinquency records; (2) The nature of past treatment efforts and the nature of the child's response thereto; (3) Whether the offense was against person or property, with greater weight in favor of transfer given to offenses against the person; (4) Whether the offense was committed in an aggressive and premeditated manner; (5) The possible rehabilitation of the child by use of procedures, services and facilities currently available to the court in this state; (6) Whether the child's conduct would be a criminal gang offense, as defined in § 40-35-121 , if committed by an adult; and (7) Whether the child has a history of trauma or abuse, including, but not limited to, the child being a victim of a human trafficking offense as defined in § 39-13-314 . (c) The transfer pursuant to subsection (a) terminates jurisdiction of the juvenile court with respect to any and all delinquent acts with which the child may then or thereafter be charged, and the child shall thereafter be dealt with as an adult as to all pending and subsequent criminal charges; provided, that if a child transferred pursuant to this section is acquitted in criminal court on the charge or charges resulting in such transfer, or if such charge or charges are dismissed in such court, this subsection (c) shall not apply and the juvenile court shall retain jurisdiction over such child. If a child is in the legal custody of the department at the time of transfer, such custody shall terminate at the transfer hearing, except that if a child is already committed to the department, the court may determine if it is in the best interest of the child to remain in the legal custody of the department until conviction occurs. In any case, legal custody by the department shall terminate upon any conviction in adult criminal court. If there is no conviction and charges so transferred are dismissed or acquittal occurs, the presiding trial judge shall notify the transferring juvenile court judge of such dismissal or acquittal so that the juvenile court may at its discretion set a hearing to ascertain status of the child as to the department's custody. (d) If a person eighteen (18) years of age or older is to be charged with an offense that was alleged to have been committed prior to such person's eighteenth birthday, the petition shall be brought in the juvenile court that would have had jurisdiction at the time of the offense. The juvenile court shall either adjudicate the case under its continuing jurisdiction authority under § 37-1-102(b)(5)(B) and (C) or undertake transfer proceedings consistent with this section. (e) No child, either before or after reaching eighteen (18) years of age, shall be prosecuted for an offense previously committed unless the case has been transferred as provided in subsection (a). (f) (1) Statements made by the child at the juvenile court hearing under this section are not admissible against the child, over objection, in the criminal proceedings following the transfer. (2) In any county in which, on July 1, 1996, the general sessions court or juvenile court makes audio recordings, the court shall make or cause to be made an audio recording of each transfer hearing conducted pursuant to this section. Such recording shall include all proceedings in open court and such other proceedings as the judge may direct and shall be preserved as a part of the record of the hearing. The juvenile who is the subject of the hearing may, at the juvenile's own expense, transcribe the recording of the hearing and a transcript so prepared may be used for the purpose of an appeal as provided by law. In all other counties, transfer hearings shall be recorded using the procedure provided in title 40, chapter 14, part 3. (g) If the case is not transferred, the judge who conducted the hearing shall not over objection of an interested party preside at the hearing on the petition. If the case is transferred to a court of which the judge who conducted the hearing is also the judge, the judge likewise is disqualified from presiding in the prosecution. (h) After a child has been sentenced to an adult institution, the department of correction may file a petition requesting the committing court to allow the department to transfer the defendant to an institution for juvenile delinquents administered by the department of children's services. Upon the approval by such court, the defendant may be transferred by the department of correction to a child-caring institution to be held until the defendant's eighteenth birthday. At the defendant's eighteenth birthday, the defendant may be transferred to an adult institution if there is time remaining on the defendant's term. If the term expires prior to the eighteenth birthday, the defendant shall be released. Any child sentenced by a committing court pursuant to this section shall, for the purpose of parole, be treated as if such child were an adult. The provisions of this section relative to housing of juveniles who have obtained the age of eighteen (18) shall not be affected by subsections (i), (j) and (k). (i) 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.). (j) Any person, who was transferred under this section and who was less than sixteen (16) years of age at the time of the offense and who is subsequently convicted and committed, shall be housed in a juvenile correctional facility until such person reaches sixteen (16) years of age, at which time such person may be transferred upon the order of the committing court to an adult facility. Any person committed to an adult facility under this section shall 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 such person is confined separately from adult inmates within such regional facility, such 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 shall be implemented for a child so detained, but such regulations and policies shall in no way 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.). (k) Any 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 shall be housed in a juvenile correctional facility unless the committing court orders commitment to an adult facility. Any person committed to an adult facility under this section shall 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 such person is confined separately from adult inmates within such regional facility, such 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 shall be implemented for a child so detained, but such regulations and policies shall in no way 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.). (l) It is the intent of the general assembly that children shall not be transferred under this section due to a lack of appropriate resources for effective treatment and rehabilitation in the juvenile justice system. Amended by 2024 Tenn. Acts, ch. 1007,s 7, eff. 1/1/2025, app. to all costs submitted for reimbursement on or after July 1, 2011. Amended by 2024 Tenn. Acts, ch. 1007,s 9, eff. 1/1/2025, app. to all costs submitted for reimbursement on or after July 1, 2019. Amended by 2024 Tenn. Acts, ch. 1007,s 8, eff. 1/1/2025, app. to all costs submitted for reimbursement on or after July 1, 2019. Amended by 2024 Tenn. Acts, ch. 635,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 635,s 1, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 264, s 1, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 1115, s 8, eff. 7/1/2022. Amended by 2018 Tenn. Acts, ch. 1052, s 37, eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 1052, s 36, eff. 7/1/2018. Amended by 2017 Tenn. Acts, ch. 382, s 1, eff. 5/18/2017. Amended by 2016 Tenn. Acts, ch. 600, s 6, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 600, s 5, eff. 7/1/2016. Acts 1970, ch. 600, § 34; 1975, ch. 296, § 1; 1976, ch. 745, § 2; 1980, ch. 838, §§ 1, 2; Acts 1982, ch. 637, §§ 1-4; T.C.A., § 37-234; Acts 1989, ch. 278, § 39; 1990, ch. 958, § 1; 1990, ch. 982, § 2; 1994, ch. 823, §§ 1, 2; 1994, ch. 895, §§ 1, 2; 1995, ch. 267, § 1; 1995, ch. 354, §§ 1-3; 1995, ch. 379, § 1; 1996, ch. 767, § 1; 1996, ch. 1079, §§ 73, 95; 1998, ch. 782, § 1; imp. am. Acts 2000, ch. 947, § 6; 2005, ch. 265, § 2; 2010 , ch. 860, § 1; 2011 , ch. 486, §§ 2, 3.
(a) After a petition has been filed alleging delinquency based on conduct that is designated a crime or public offense under the laws, including local ordinances, of this state, the court, before hearing the petition on the merits, may transfer the child to the sheriff of the county to be held according to law and to be dealt with as an adult in the criminal court of competent jurisdiction. The disposition of the child shall be as if the child were an adult if: (1) (A) The child was: (i) (a) Less than fourteen (14) years of age at the time of the alleged conduct and charged with first degree murder or second degree murder or attempted first or second degree murder; (b) Fourteen (14) years of age or more but less than sixteen (16) years of age at the time of the alleged conduct and charged with first degree murder or second degree murder or attempted first or second degree murder; (ii) Fourteen (14) years of age or more but less than seventeen (17) years of age at the time of the alleged conduct and charged with the offense of rape, aggravated rape, rape of a child, aggravated rape of a child, aggravated robbery, especially aggravated robbery, aggravated burglary, especially aggravated burglary, kidnapping, aggravated kidnapping, especially aggravated kidnapping, commission of an act of terrorism, carjacking, or an attempt to commit any such offenses; (iii) Fifteen (15) years of age or older at the time of the alleged conduct and charged with the offense of organized retail crime, as defined in § 39-14-113 ; theft of a firearm, as defined in § 39-11-106 ; or attempt to commit such an offense; (iv) (a) Sixteen (16) years of age or more at the time of the alleged conduct; and (b) (1) Charged with the offense of robbery or attempt to commit robbery; or (2) Confined in a youth development center approved, certified, or licensed by the department of children's services, and charged with escape therefrom; or (v) Seventeen (17) years of age or more at the time of the alleged conduct and charged with an offense other than first degree murder or second degree murder or attempted first or second degree murder; (B) The district attorney general shall not seek, nor shall any child transferred under this section receive, a sentence of death for the offense for which the child was transferred; (2) A hearing on whether the transfer should be made is held in conformity with §§ 37-1-124 , 37-1-126 and 37-1-127 ; (3) Reasonable notice in writing of the time, place and purpose of the hearing is given to the child and the child's parents, guardian or other custodian at least fourteen (14) days prior to the hearing; and (4) The court finds that there is probable cause to believe that: (A) The child committed the delinquent act as alleged; (B) The child is not committable to an institution for the developmentally disabled or mentally ill; and (C) The interests of the community require that the child be put under legal restraint or discipline.
(1) (A) The child was: (i) (a) Less than fourteen (14) years of age at the time of the alleged conduct and charged with first degree murder or second degree murder or attempted first or second degree murder; (b) Fourteen (14) years of age or more but less than sixteen (16) years of age at the time of the alleged conduct and charged with first degree murder or second degree murder or attempted first or second degree murder; (ii) Fourteen (14) years of age or more but less than seventeen (17) years of age at the time of the alleged conduct and charged with the offense of rape, aggravated rape, rape of a child, aggravated rape of a child, aggravated robbery, especially aggravated robbery, aggravated burglary, especially aggravated burglary, kidnapping, aggravated kidnapping, especially aggravated kidnapping, commission of an act of terrorism, carjacking, or an attempt to commit any such offenses; (iii) Fifteen (15) years of age or older at the time of the alleged conduct and charged with the offense of organized retail crime, as defined in § 39-14-113 ; theft of a firearm, as defined in § 39-11-106 ; or attempt to commit such an offense; (iv) (a) Sixteen (16) years of age or more at the time of the alleged conduct; and (b) (1) Charged with the offense of robbery or attempt to commit robbery; or (2) Confined in a youth development center approved, certified, or licensed by the department of children's services, and charged with escape therefrom; or (v) Seventeen (17) years of age or more at the time of the alleged conduct and charged with an offense other than first degree murder or second degree murder or attempted first or second degree murder; (B) The district attorney general shall not seek, nor shall any child transferred under this section receive, a sentence of death for the offense for which the child was transferred;
(A) The child was: (i) (a) Less than fourteen (14) years of age at the time of the alleged conduct and charged with first degree murder or second degree murder or attempted first or second degree murder; (b) Fourteen (14) years of age or more but less than sixteen (16) years of age at the time of the alleged conduct and charged with first degree murder or second degree murder or attempted first or second degree murder; (ii) Fourteen (14) years of age or more but less than seventeen (17) years of age at the time of the alleged conduct and charged with the offense of rape, aggravated rape, rape of a child, aggravated rape of a child, aggravated robbery, especially aggravated robbery, aggravated burglary, especially aggravated burglary, kidnapping, aggravated kidnapping, especially aggravated kidnapping, commission of an act of terrorism, carjacking, or an attempt to commit any such offenses; (iii) Fifteen (15) years of age or older at the time of the alleged conduct and charged with the offense of organized retail crime, as defined in § 39-14-113 ; theft of a firearm, as defined in § 39-11-106 ; or attempt to commit such an offense; (iv) (a) Sixteen (16) years of age or more at the time of the alleged conduct; and (b) (1) Charged with the offense of robbery or attempt to commit robbery; or (2) Confined in a youth development center approved, certified, or licensed by the department of children's services, and charged with escape therefrom; or (v) Seventeen (17) years of age or more at the time of the alleged conduct and charged with an offense other than first degree murder or second degree murder or attempted first or second degree murder;
(i) (a) Less than fourteen (14) years of age at the time of the alleged conduct and charged with first degree murder or second degree murder or attempted first or second degree murder; (b) Fourteen (14) years of age or more but less than sixteen (16) years of age at the time of the alleged conduct and charged with first degree murder or second degree murder or attempted first or second degree murder;
(a) Less than fourteen (14) years of age at the time of the alleged conduct and charged with first degree murder or second degree murder or attempted first or second degree murder;
(b) Fourteen (14) years of age or more but less than sixteen (16) years of age at the time of the alleged conduct and charged with first degree murder or second degree murder or attempted first or second degree murder;
(ii) Fourteen (14) years of age or more but less than seventeen (17) years of age at the time of the alleged conduct and charged with the offense of rape, aggravated rape, rape of a child, aggravated rape of a child, aggravated robbery, especially aggravated robbery, aggravated burglary, especially aggravated burglary, kidnapping, aggravated kidnapping, especially aggravated kidnapping, commission of an act of terrorism, carjacking, or an attempt to commit any such offenses;
(iii) Fifteen (15) years of age or older at the time of the alleged conduct and charged with the offense of organized retail crime, as defined in § 39-14-113 ; theft of a firearm, as defined in § 39-11-106 ; or attempt to commit such an offense;
(iv) (a) Sixteen (16) years of age or more at the time of the alleged conduct; and (b) (1) Charged with the offense of robbery or attempt to commit robbery; or (2) Confined in a youth development center approved, certified, or licensed by the department of children's services, and charged with escape therefrom; or
(a) Sixteen (16) years of age or more at the time of the alleged conduct; and
(b) (1) Charged with the offense of robbery or attempt to commit robbery; or (2) Confined in a youth development center approved, certified, or licensed by the department of children's services, and charged with escape therefrom; or
(1) Charged with the offense of robbery or attempt to commit robbery; or
(2) Confined in a youth development center approved, certified, or licensed by the department of children's services, and charged with escape therefrom; or
(v) Seventeen (17) years of age or more at the time of the alleged conduct and charged with an offense other than first degree murder or second degree murder or attempted first or second degree murder;
(B) The district attorney general shall not seek, nor shall any child transferred under this section receive, a sentence of death for the offense for which the child was transferred;
(2) A hearing on whether the transfer should be made is held in conformity with §§ 37-1-124 , 37-1-126 and 37-1-127 ;
(3) Reasonable notice in writing of the time, place and purpose of the hearing is given to the child and the child's parents, guardian or other custodian at least fourteen (14) days prior to the hearing; and
(4) The court finds that there is probable cause to believe that: (A) The child committed the delinquent act as alleged; (B) The child is not committable to an institution for the developmentally disabled or mentally ill; and (C) The interests of the community require that the child be put under legal restraint or discipline.
(A) The child committed the delinquent act as alleged;
(B) The child is not committable to an institution for the developmentally disabled or mentally ill; and
(C) The interests of the community require that the child be put under legal restraint or discipline.
(b) In making the determination required by subsection (a), the court shall consider, among other matters: (1) The extent and nature of the child's prior delinquency records; (2) The nature of past treatment efforts and the nature of the child's response thereto; (3) Whether the offense was against person or property, with greater weight in favor of transfer given to offenses against the person; (4) Whether the offense was committed in an aggressive and premeditated manner; (5) The possible rehabilitation of the child by use of procedures, services and facilities currently available to the court in this state; (6) Whether the child's conduct would be a criminal gang offense, as defined in § 40-35-121 , if committed by an adult; and (7) Whether the child has a history of trauma or abuse, including, but not limited to, the child being a victim of a human trafficking offense as defined in § 39-13-314 .
(1) The extent and nature of the child's prior delinquency records;
(2) The nature of past treatment efforts and the nature of the child's response thereto;
(3) Whether the offense was against person or property, with greater weight in favor of transfer given to offenses against the person;
(4) Whether the offense was committed in an aggressive and premeditated manner;
(5) The possible rehabilitation of the child by use of procedures, services and facilities currently available to the court in this state;
(6) Whether the child's conduct would be a criminal gang offense, as defined in § 40-35-121 , if committed by an adult; and
(7) Whether the child has a history of trauma or abuse, including, but not limited to, the child being a victim of a human trafficking offense as defined in § 39-13-314 .
(c) The transfer pursuant to subsection (a) terminates jurisdiction of the juvenile court with respect to any and all delinquent acts with which the child may then or thereafter be charged, and the child shall thereafter be dealt with as an adult as to all pending and subsequent criminal charges; provided, that if a child transferred pursuant to this section is acquitted in criminal court on the charge or charges resulting in such transfer, or if such charge or charges are dismissed in such court, this subsection (c) shall not apply and the juvenile court shall retain jurisdiction over such child. If a child is in the legal custody of the department at the time of transfer, such custody shall terminate at the transfer hearing, except that if a child is already committed to the department, the court may determine if it is in the best interest of the child to remain in the legal custody of the department until conviction occurs. In any case, legal custody by the department shall terminate upon any conviction in adult criminal court. If there is no conviction and charges so transferred are dismissed or acquittal occurs, the presiding trial judge shall notify the transferring juvenile court judge of such dismissal or acquittal so that the juvenile court may at its discretion set a hearing to ascertain status of the child as to the department's custody.
(d) If a person eighteen (18) years of age or older is to be charged with an offense that was alleged to have been committed prior to such person's eighteenth birthday, the petition shall be brought in the juvenile court that would have had jurisdiction at the time of the offense. The juvenile court shall either adjudicate the case under its continuing jurisdiction authority under § 37-1-102(b)(5)(B) and (C) or undertake transfer proceedings consistent with this section.
(e) No child, either before or after reaching eighteen (18) years of age, shall be prosecuted for an offense previously committed unless the case has been transferred as provided in subsection (a).
(f) (1) Statements made by the child at the juvenile court hearing under this section are not admissible against the child, over objection, in the criminal proceedings following the transfer. (2) In any county in which, on July 1, 1996, the general sessions court or juvenile court makes audio recordings, the court shall make or cause to be made an audio recording of each transfer hearing conducted pursuant to this section. Such recording shall include all proceedings in open court and such other proceedings as the judge may direct and shall be preserved as a part of the record of the hearing. The juvenile who is the subject of the hearing may, at the juvenile's own expense, transcribe the recording of the hearing and a transcript so prepared may be used for the purpose of an appeal as provided by law. In all other counties, transfer hearings shall be recorded using the procedure provided in title 40, chapter 14, part 3.
(1) Statements made by the child at the juvenile court hearing under this section are not admissible against the child, over objection, in the criminal proceedings following the transfer.
(2) In any county in which, on July 1, 1996, the general sessions court or juvenile court makes audio recordings, the court shall make or cause to be made an audio recording of each transfer hearing conducted pursuant to this section. Such recording shall include all proceedings in open court and such other proceedings as the judge may direct and shall be preserved as a part of the record of the hearing. The juvenile who is the subject of the hearing may, at the juvenile's own expense, transcribe the recording of the hearing and a transcript so prepared may be used for the purpose of an appeal as provided by law. In all other counties, transfer hearings shall be recorded using the procedure provided in title 40, chapter 14, part 3.
(g) If the case is not transferred, the judge who conducted the hearing shall not over objection of an interested party preside at the hearing on the petition. If the case is transferred to a court of which the judge who conducted the hearing is also the judge, the judge likewise is disqualified from presiding in the prosecution.
(h) After a child has been sentenced to an adult institution, the department of correction may file a petition requesting the committing court to allow the department to transfer the defendant to an institution for juvenile delinquents administered by the department of children's services. Upon the approval by such court, the defendant may be transferred by the department of correction to a child-caring institution to be held until the defendant's eighteenth birthday. At the defendant's eighteenth birthday, the defendant may be transferred to an adult institution if there is time remaining on the defendant's term. If the term expires prior to the eighteenth birthday, the defendant shall be released. Any child sentenced by a committing court pursuant to this section shall, for the purpose of parole, be treated as if such child were an adult. The provisions of this section relative to housing of juveniles who have obtained the age of eighteen (18) shall not be affected by subsections (i), (j) and (k).
(i) 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.).
(j) Any person, who was transferred under this section and who was less than sixteen (16) years of age at the time of the offense and who is subsequently convicted and committed, shall be housed in a juvenile correctional facility until such person reaches sixteen (16) years of age, at which time such person may be transferred upon the order of the committing court to an adult facility. Any person committed to an adult facility under this section shall 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 such person is confined separately from adult inmates within such regional facility, such 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 shall be implemented for a child so detained, but such regulations and policies shall in no way 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.).
(k) Any 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 shall be housed in a juvenile correctional facility unless the committing court orders commitment to an adult facility. Any person committed to an adult facility under this section shall 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 such person is confined separately from adult inmates within such regional facility, such 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 shall be implemented for a child so detained, but such regulations and policies shall in no way 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.).
(l) It is the intent of the general assembly that children shall not be transferred under this section due to a lack of appropriate resources for effective treatment and rehabilitation in the juvenile justice system.
Amended by 2024 Tenn. Acts, ch. 1007,s 7, eff. 1/1/2025, app. to all costs submitted for reimbursement on or after July 1, 2011.
Amended by 2024 Tenn. Acts, ch. 1007,s 9, eff. 1/1/2025, app. to all costs submitted for reimbursement on or after July 1, 2019.
Amended by 2024 Tenn. Acts, ch. 1007,s 8, eff. 1/1/2025, app. to all costs submitted for reimbursement on or after July 1, 2019.
Amended by 2024 Tenn. Acts, ch. 635,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 635,s 1, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 264, s 1, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1115, s 8, eff. 7/1/2022.
Amended by 2018 Tenn. Acts, ch. 1052, s 37, eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 1052, s 36, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 382, s 1, eff. 5/18/2017.
Amended by 2016 Tenn. Acts, ch. 600, s 6, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 600, s 5, eff. 7/1/2016.
Acts 1970, ch. 600, § 34; 1975, ch. 296, § 1; 1976, ch. 745, § 2; 1980, ch. 838, §§ 1, 2; Acts 1982, ch. 637, §§ 1-4; T.C.A., § 37-234; Acts 1989, ch. 278, § 39; 1990, ch. 958, § 1; 1990, ch. 982, § 2; 1994, ch. 823, §§ 1, 2; 1994, ch. 895, §§ 1, 2; 1995, ch. 267, § 1; 1995, ch. 354, §§ 1-3; 1995, ch. 379, § 1; 1996, ch. 767, § 1; 1996, ch. 1079, §§ 73, 95; 1998, ch. 782, § 1; imp. am. Acts 2000, ch. 947, § 6; 2005, ch. 265, § 2; 2010 , ch. 860, § 1; 2011 , ch. 486, §§ 2, 3.
Tenn. Code Ann. § 37-1-117 — TN Code / Title 37 / Chapter 1 / Section 37-1-117
Investigation and release or detention - Petition - Hearings
Status: in_force

(a) (1) If a child alleged to have committed a delinquent or unruly act is brought before the court or delivered to a detention facility designated by the court, the intake or other authorized officer of the court shall immediately make an investigation and release the child unless it appears that such child's detention is warranted or required under § 37-1-114 . (2) If such child is not so released, the court shall issue an order authorizing the detention of the child and a petition under § 37-1-120 shall be promptly filed with the court. The filing of a petition shall not preclude participation in informal adjustment pursuant to § 37-1-110 . In the case of a child alleged to be delinquent, a detention hearing shall be held no later than seventy-two (72) hours after the child is placed in detention to determine whether such child's detention is required under § 37-1-114 . In computing the time limitation for purposes of such detention hearing, nonjudicial days are excluded, but in no event shall the hearing be held later than eighty-four (84) hours after the child is placed in detention. The court, in its discretion, may release the child on an appearance bond or on the child's own recognizance subject to a written agreement to appear in court. (b) (1) When the court finds, based upon a sworn petition or sworn testimony containing specific factual allegations, that there is probable cause to believe that the conditions specified in § 37-1-114(a)(2) exist and a child is in need of the immediate protection of the court, the court may order that the child be removed from the custody of the child's parent, guardian, legal custodian, or the person who physically possesses or controls the child and be placed in the custody of a suitable person, persons, or agency, as specified in § 37-1-116(d) , pending further investigation and hearing. When a child alleged to be dependent and neglected is removed from the custody of such child's parent, guardian, legal custodian, or the person who physically possesses or controls the child prior to a hearing on a petition, a preliminary hearing shall be held no later than seventy-two (72) hours after the child's removal to determine whether such child's continued removal is required under § 37-1-114 . In computing the time limitation for purposes of such preliminary hearing, nonjudicial days are excluded, but in no event shall the hearing be held later than eighty-four (84) hours after the child is removed from the home. (2) If a child is removed from the home prior to the filing of a petition, a petition shall be filed within forty-eight (48) hours of the removal, excluding nonjudicial days, unless the child is returned to the home within the forty-eight hour time period. In no event shall a petition be filed later than the preliminary hearing. (3) This subsection (b) may be waived by express and knowing waiver, by the parties to an action including the parents, guardian, or legal custodian and the child or guardian ad litem for the child. Any such waiver may be revoked at any time, at which time this section shall apply. The court shall make every effort to advise the parent, guardian, or legal custodian, and the child individually, if fourteen (14) years of age or older, of the time, date, and place of the hearing and the factual circumstances necessitating the removal. (c) If the child is not so released, and a parent, guardian, or legal custodian has not been notified of the hearing, did not appear or waived appearance at this hearing, and files an affidavit showing these facts, the court shall rehear the matter without unnecessary delay and order such child's release unless it appears from the hearing that the child's detention or shelter care is required under § 37-1-114 . Amended by 2018 Tenn. Acts, ch. 1052,s 14, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 598,s 2, eff. 7/1/2016. Acts 1970, ch. 600, § 17; 1973, ch. 269, § 3; 1979, ch. 289, § 4; 1980, ch. 595, § 2; 1981, ch. 247, §§ 5, 6; 1981, ch. 458, § 2; 1982, ch. 882, § 3; 1983, ch. 254, § 3; T.C.A., § 37-217; Acts 2009, ch. 235, § 1.
(a) (1) If a child alleged to have committed a delinquent or unruly act is brought before the court or delivered to a detention facility designated by the court, the intake or other authorized officer of the court shall immediately make an investigation and release the child unless it appears that such child's detention is warranted or required under § 37-1-114 . (2) If such child is not so released, the court shall issue an order authorizing the detention of the child and a petition under § 37-1-120 shall be promptly filed with the court. The filing of a petition shall not preclude participation in informal adjustment pursuant to § 37-1-110 . In the case of a child alleged to be delinquent, a detention hearing shall be held no later than seventy-two (72) hours after the child is placed in detention to determine whether such child's detention is required under § 37-1-114 . In computing the time limitation for purposes of such detention hearing, nonjudicial days are excluded, but in no event shall the hearing be held later than eighty-four (84) hours after the child is placed in detention. The court, in its discretion, may release the child on an appearance bond or on the child's own recognizance subject to a written agreement to appear in court.
(1) If a child alleged to have committed a delinquent or unruly act is brought before the court or delivered to a detention facility designated by the court, the intake or other authorized officer of the court shall immediately make an investigation and release the child unless it appears that such child's detention is warranted or required under § 37-1-114 .
(2) If such child is not so released, the court shall issue an order authorizing the detention of the child and a petition under § 37-1-120 shall be promptly filed with the court. The filing of a petition shall not preclude participation in informal adjustment pursuant to § 37-1-110 . In the case of a child alleged to be delinquent, a detention hearing shall be held no later than seventy-two (72) hours after the child is placed in detention to determine whether such child's detention is required under § 37-1-114 . In computing the time limitation for purposes of such detention hearing, nonjudicial days are excluded, but in no event shall the hearing be held later than eighty-four (84) hours after the child is placed in detention. The court, in its discretion, may release the child on an appearance bond or on the child's own recognizance subject to a written agreement to appear in court.
(b) (1) When the court finds, based upon a sworn petition or sworn testimony containing specific factual allegations, that there is probable cause to believe that the conditions specified in § 37-1-114(a)(2) exist and a child is in need of the immediate protection of the court, the court may order that the child be removed from the custody of the child's parent, guardian, legal custodian, or the person who physically possesses or controls the child and be placed in the custody of a suitable person, persons, or agency, as specified in § 37-1-116(d) , pending further investigation and hearing. When a child alleged to be dependent and neglected is removed from the custody of such child's parent, guardian, legal custodian, or the person who physically possesses or controls the child prior to a hearing on a petition, a preliminary hearing shall be held no later than seventy-two (72) hours after the child's removal to determine whether such child's continued removal is required under § 37-1-114 . In computing the time limitation for purposes of such preliminary hearing, nonjudicial days are excluded, but in no event shall the hearing be held later than eighty-four (84) hours after the child is removed from the home. (2) If a child is removed from the home prior to the filing of a petition, a petition shall be filed within forty-eight (48) hours of the removal, excluding nonjudicial days, unless the child is returned to the home within the forty-eight hour time period. In no event shall a petition be filed later than the preliminary hearing. (3) This subsection (b) may be waived by express and knowing waiver, by the parties to an action including the parents, guardian, or legal custodian and the child or guardian ad litem for the child. Any such waiver may be revoked at any time, at which time this section shall apply. The court shall make every effort to advise the parent, guardian, or legal custodian, and the child individually, if fourteen (14) years of age or older, of the time, date, and place of the hearing and the factual circumstances necessitating the removal.
(1) When the court finds, based upon a sworn petition or sworn testimony containing specific factual allegations, that there is probable cause to believe that the conditions specified in § 37-1-114(a)(2) exist and a child is in need of the immediate protection of the court, the court may order that the child be removed from the custody of the child's parent, guardian, legal custodian, or the person who physically possesses or controls the child and be placed in the custody of a suitable person, persons, or agency, as specified in § 37-1-116(d) , pending further investigation and hearing. When a child alleged to be dependent and neglected is removed from the custody of such child's parent, guardian, legal custodian, or the person who physically possesses or controls the child prior to a hearing on a petition, a preliminary hearing shall be held no later than seventy-two (72) hours after the child's removal to determine whether such child's continued removal is required under § 37-1-114 . In computing the time limitation for purposes of such preliminary hearing, nonjudicial days are excluded, but in no event shall the hearing be held later than eighty-four (84) hours after the child is removed from the home.
(2) If a child is removed from the home prior to the filing of a petition, a petition shall be filed within forty-eight (48) hours of the removal, excluding nonjudicial days, unless the child is returned to the home within the forty-eight hour time period. In no event shall a petition be filed later than the preliminary hearing.
(3) This subsection (b) may be waived by express and knowing waiver, by the parties to an action including the parents, guardian, or legal custodian and the child or guardian ad litem for the child. Any such waiver may be revoked at any time, at which time this section shall apply. The court shall make every effort to advise the parent, guardian, or legal custodian, and the child individually, if fourteen (14) years of age or older, of the time, date, and place of the hearing and the factual circumstances necessitating the removal.
(c) If the child is not so released, and a parent, guardian, or legal custodian has not been notified of the hearing, did not appear or waived appearance at this hearing, and files an affidavit showing these facts, the court shall rehear the matter without unnecessary delay and order such child's release unless it appears from the hearing that the child's detention or shelter care is required under § 37-1-114 .
Amended by 2018 Tenn. Acts, ch. 1052,s 14, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 598,s 2, eff. 7/1/2016.
Acts 1970, ch. 600, § 17; 1973, ch. 269, § 3; 1979, ch. 289, § 4; 1980, ch. 595, § 2; 1981, ch. 247, §§ 5, 6; 1981, ch. 458, § 2; 1982, ch. 882, § 3; 1983, ch. 254, § 3; T.C.A., § 37-217; Acts 2009, ch. 235, § 1.
Tenn. Code Ann. § 37-4-201 — TN Code / Title 37 / Chapter 4 / Section 37-4-201
Text of compact
Status: in_force

The Interstate Compact on the Placement of Children is hereby enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows: Article I. Purpose and Policy. It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that: (a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care. (b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child. (c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made. (d) Appropriate jurisdictional arrangements for the care of children will be promoted. Article II. Definitions. As used in this compact: (a) "Child" means a person who, by reason of minority, is legally subject to parental, guardianship or similar control; (b) "Placement" means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic or any institution primarily educational in character, and any hospital or other medical facility; (c) "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons; and (d) "Sending agency" means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which sends, brings, or causes to be sent or brought any child to another party state. Article III. Conditions for Placement. (a) No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein. (b) Prior to sending, bringing or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain: (1) The name, date and place of birth of the child. (2) The identity and address or addresses of the parents or legal guardian. (3) The name and address of the person, agency or institution to or with which the sending agency proposes to send, bring, or place the child. (4) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made. (c) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to paragraph (b) of this article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency's state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact. (d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child. Article IV. Penalty for Illegal Placement. The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact constitutes a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violation constitutes full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place, or care for children. Article V. Retention of Jurisdiction. (a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment and disposition of the child which it would have had if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein. (b) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one (1) or more services in respect of such case by the latter as agency for the sending agency. (c) Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state; nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) of this article. Article VI. Institutional Care of Delinquent Children. A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to such child being sent to such other party jurisdiction for institutional care and the court finds that: (1) Equivalent facilities for the child are not available in the sending agency's jurisdiction; and (2) Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship. Article VII. Compact Administrator. The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact. Article VIII. Limitations. This compact shall not apply to: (a) The sending or bringing of a child into a receiving state by the child's parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or the child's guardian and leaving the child with any such relative or non-agency guardian in the receiving state. (b) Any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between the states which has the force of law. Article IX. Enactment and Withdrawal. This compact shall be open to joinder by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of congress, the Government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two (2) years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal. Article X. Construction and Severability. The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstances is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. Acts 1974, ch. 477, § 1; 1977, ch. 131, § 1; T.C.A., § 37-1401.
The Interstate Compact on the Placement of Children is hereby enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows:
Article I. Purpose and Policy. It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that: (a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care. (b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child. (c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made. (d) Appropriate jurisdictional arrangements for the care of children will be promoted.
It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:
(a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.
(b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.
(c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.
(d) Appropriate jurisdictional arrangements for the care of children will be promoted.
Article II. Definitions. As used in this compact: (a) "Child" means a person who, by reason of minority, is legally subject to parental, guardianship or similar control; (b) "Placement" means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic or any institution primarily educational in character, and any hospital or other medical facility; (c) "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons; and (d) "Sending agency" means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which sends, brings, or causes to be sent or brought any child to another party state.
As used in this compact:
(a) "Child" means a person who, by reason of minority, is legally subject to parental, guardianship or similar control;
(b) "Placement" means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic or any institution primarily educational in character, and any hospital or other medical facility;
(c) "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons; and
(d) "Sending agency" means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which sends, brings, or causes to be sent or brought any child to another party state.
Article III. Conditions for Placement. (a) No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein. (b) Prior to sending, bringing or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain: (1) The name, date and place of birth of the child. (2) The identity and address or addresses of the parents or legal guardian. (3) The name and address of the person, agency or institution to or with which the sending agency proposes to send, bring, or place the child. (4) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made. (c) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to paragraph (b) of this article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency's state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact. (d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child.
(a) No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein.
(b) Prior to sending, bringing or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain: (1) The name, date and place of birth of the child. (2) The identity and address or addresses of the parents or legal guardian. (3) The name and address of the person, agency or institution to or with which the sending agency proposes to send, bring, or place the child. (4) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made.
(1) The name, date and place of birth of the child.
(2) The identity and address or addresses of the parents or legal guardian.
(3) The name and address of the person, agency or institution to or with which the sending agency proposes to send, bring, or place the child.
(4) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made.
(c) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to paragraph (b) of this article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency's state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact.
(d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child.
Article IV. Penalty for Illegal Placement. The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact constitutes a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violation constitutes full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place, or care for children.
The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact constitutes a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violation constitutes full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place, or care for children.
Article V. Retention of Jurisdiction. (a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment and disposition of the child which it would have had if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein. (b) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one (1) or more services in respect of such case by the latter as agency for the sending agency. (c) Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state; nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) of this article.
(a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment and disposition of the child which it would have had if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein.
(b) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one (1) or more services in respect of such case by the latter as agency for the sending agency.
(c) Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state; nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) of this article.
Article VI. Institutional Care of Delinquent Children. A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to such child being sent to such other party jurisdiction for institutional care and the court finds that: (1) Equivalent facilities for the child are not available in the sending agency's jurisdiction; and (2) Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.
A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to such child being sent to such other party jurisdiction for institutional care and the court finds that:
(1) Equivalent facilities for the child are not available in the sending agency's jurisdiction; and
(2) Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.
Article VII. Compact Administrator. The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.
The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.
Article VIII. Limitations. This compact shall not apply to: (a) The sending or bringing of a child into a receiving state by the child's parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or the child's guardian and leaving the child with any such relative or non-agency guardian in the receiving state. (b) Any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between the states which has the force of law.
This compact shall not apply to:
(a) The sending or bringing of a child into a receiving state by the child's parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or the child's guardian and leaving the child with any such relative or non-agency guardian in the receiving state.
(b) Any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between the states which has the force of law.
Article IX. Enactment and Withdrawal. This compact shall be open to joinder by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of congress, the Government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two (2) years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal.
This compact shall be open to joinder by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of congress, the Government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two (2) years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal.
Article X. Construction and Severability. The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstances is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstances is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Acts 1974, ch. 477, § 1; 1977, ch. 131, § 1; T.C.A., § 37-1401.
Tenn. Code Ann. § 37-1-902 — TN Code / Title 37 / Chapter 1 / Section 37-1-902
Legislative intent - Goals of zero to three court programs
Status: in_force

(a) The general assembly recognizes that a critical need exists in this state for child and family programs to reduce the incidence of child abuse, neglect, and endangerment, minimize the effects of childhood trauma on small children, and provide stability to parents and children within the state. It is the intent of the general assembly by this part to create an initiative to facilitate the implementation of new and the continuation of existing zero to three court programs. (b) The goals of the zero to three court programs created under this part include the following: (1) To reduce time to permanency of children thirty-six (36) months of age or younger by surrounding at-risk families with support services; (2) To reduce incidences of repeat maltreatment among children thirty-six (36) months of age or younger; (3) To reduce the long-term and short-term effects of traumatic experiences occurring when a child is thirty-six (36) months of age or younger on a child's brain development; (4) To promote public safety through these reductions; (5) To increase the personal, familial, and societal accountability of families; and (6) To promote effective interaction and the use of resources among both public and private state and local child and family service agencies, state and local mental health agencies, and community agencies. It is the intent of the general assembly that in appropriate circumstances vetted, trained, and approved safe baby court volunteers be utilized to the fullest extent possible. (c) As used in this part, "zero to three court program" and "safe baby court" means any court program created within this state that seeks to accomplish the goals stated in subsection (b) and that is established by a judge with jurisdiction over juvenile court matters. Except as provided in § 37-1-906 , a safe baby court has the same powers as the court that created it. Amended by 2019 Tenn. Acts, ch. 383, Secs.s 1, s 2, s 10 eff. 5/10/2019. Added by 2017 Tenn. Acts, ch. 366, s 1, eff. 1/1/2018.
(a) The general assembly recognizes that a critical need exists in this state for child and family programs to reduce the incidence of child abuse, neglect, and endangerment, minimize the effects of childhood trauma on small children, and provide stability to parents and children within the state. It is the intent of the general assembly by this part to create an initiative to facilitate the implementation of new and the continuation of existing zero to three court programs.
(b) The goals of the zero to three court programs created under this part include the following: (1) To reduce time to permanency of children thirty-six (36) months of age or younger by surrounding at-risk families with support services; (2) To reduce incidences of repeat maltreatment among children thirty-six (36) months of age or younger; (3) To reduce the long-term and short-term effects of traumatic experiences occurring when a child is thirty-six (36) months of age or younger on a child's brain development; (4) To promote public safety through these reductions; (5) To increase the personal, familial, and societal accountability of families; and (6) To promote effective interaction and the use of resources among both public and private state and local child and family service agencies, state and local mental health agencies, and community agencies. It is the intent of the general assembly that in appropriate circumstances vetted, trained, and approved safe baby court volunteers be utilized to the fullest extent possible.
(1) To reduce time to permanency of children thirty-six (36) months of age or younger by surrounding at-risk families with support services;
(2) To reduce incidences of repeat maltreatment among children thirty-six (36) months of age or younger;
(3) To reduce the long-term and short-term effects of traumatic experiences occurring when a child is thirty-six (36) months of age or younger on a child's brain development;
(4) To promote public safety through these reductions;
(5) To increase the personal, familial, and societal accountability of families; and
(6) To promote effective interaction and the use of resources among both public and private state and local child and family service agencies, state and local mental health agencies, and community agencies. It is the intent of the general assembly that in appropriate circumstances vetted, trained, and approved safe baby court volunteers be utilized to the fullest extent possible.
(c) As used in this part, "zero to three court program" and "safe baby court" means any court program created within this state that seeks to accomplish the goals stated in subsection (b) and that is established by a judge with jurisdiction over juvenile court matters. Except as provided in § 37-1-906 , a safe baby court has the same powers as the court that created it.
Amended by 2019 Tenn. Acts, ch. 383, Secs.s 1, s 2, s 10 eff. 5/10/2019.
Added by 2017 Tenn. Acts, ch. 366, s 1, eff. 1/1/2018.
Tenn. Code Ann. § 37-5-202 — TN Code / Title 37 / Chapter 5 / Section 37-5-202
Superintendents
Status: in_force

There shall be a superintendent of each youth center to be appointed by the commissioner of children's services. Acts 1955, ch. 127, § 2; impl. am. Acts 1955, ch. 102, § 1; T.C.A., § 41-828; Acts 1989, ch. 278, §§ 54, 56, 58; T.C.A., § 41-5-106; Acts 1996, ch. 1079, § 137.
There shall be a superintendent of each youth center to be appointed by the commissioner of children's services.
Acts 1955, ch. 127, § 2; impl. am. Acts 1955, ch. 102, § 1; T.C.A., § 41-828; Acts 1989, ch. 278, §§ 54, 56, 58; T.C.A., § 41-5-106; Acts 1996, ch. 1079, § 137.
Tenn. Code Ann. § 37-3-601 — TN Code / Title 37 / Chapter 3 / Section 37-3-601
Short title - Funding
Status: in_force

(a) This part shall be known and may be cited as the "Safe Families and Family Preservation Act." (b) The family support services and time-limited family reunification services authorized pursuant to this part shall be subject to the funds appropriated to the department by the Tennessee general assembly. Acts 1991, ch. 185, § 1; 1998, ch. 1097, § 23.
(a) This part shall be known and may be cited as the "Safe Families and Family Preservation Act."
(b) The family support services and time-limited family reunification services authorized pursuant to this part shall be subject to the funds appropriated to the department by the Tennessee general assembly.
Acts 1991, ch. 185, § 1; 1998, ch. 1097, § 23.
Tenn. Code Ann. § 37-1-121 — TN Code / Title 37 / Chapter 1 / Section 37-1-121
Service of process
Status: in_force

Service of process for juvenile court proceedings may be completed by any individual authorized to serve process under the Tennessee Rules of Civil Procedure or the Tennessee Rules of Juvenile Procedure, including, but not limited to, a sheriff, constable, or private process server. Acts 2018, ch. 535, § 37-221. Prior version repealed by 2016 Tenn. Acts, ch. 717,s 1, eff. 7/1/2016.
Service of process for juvenile court proceedings may be completed by any individual authorized to serve process under the Tennessee Rules of Civil Procedure or the Tennessee Rules of Juvenile Procedure, including, but not limited to, a sheriff, constable, or private process server.
Acts 2018, ch. 535, § 37-221.
Prior version repealed by 2016 Tenn. Acts, ch. 717,s 1, eff. 7/1/2016.
Tenn. Code Ann. § 37-1-125 — TN Code / Title 37 / Chapter 1 / Section 37-1-125
Party served by publication - Provisional hearing - Interlocutory order
Status: in_force

(a) If, after reasonable effort, a party cannot be found, or the party's postal address cannot be ascertained, regardless of whether the party is within this state, the court may order service of the summons upon the party by publication in accordance with §§ 21-1-203 and 21-1-204 . The published summons shall indicate the general nature of the allegations and where a copy of the petition may be obtained. The hearing shall not be earlier than five (5) days after the date of the last publication. (b) If service of summons upon a party is made by publication, the court may conduct a provisional hearing upon the allegations of the petition and enter an interlocutory order of disposition if the: (1) Petition alleges delinquency, unruly conduct, or dependency or neglect of the child; (2) Summons served upon any party: (A) States that prior to the final hearing on the petition designated in the summons a provisional hearing thereon will be held at a specified time and place; (B) Requires the party who is served other than by publication to appear and answer the allegations of the petition at the provisional hearing; (C) States further that findings of fact and orders of disposition made pursuant to the provisional hearing will become final at the final hearing unless the party served by publication appears at the final hearing; and (D) [Deleted by 2016 amendment.] (3) Child is personally before the court at the provisional hearing. (c) All provisions of this part applicable to a hearing on a petition, orders of disposition, and other proceedings dependent thereon, apply under this section, but findings of fact and orders of disposition have only interlocutory effect pending the final hearing on the petition. The rights and duties of the party served by publication are not affected, except as provided in subsection (d). (d) If the party served by publication fails to appear at the final hearing on the petition, the findings of fact and interlocutory orders made become final without further evidence and are governed by this part as if made at the final hearing. If the party appears at the final hearing, the findings and orders shall be vacated and disregarded and the hearing shall proceed upon the allegations of the petition without regard to this section. Amended by 2016 Tenn. Acts, ch. 717,Secs.s4, s5 eff. 7/1/2016. Acts 1970, ch. 600, § 25; T.C.A., § 37-225.
(a) If, after reasonable effort, a party cannot be found, or the party's postal address cannot be ascertained, regardless of whether the party is within this state, the court may order service of the summons upon the party by publication in accordance with §§ 21-1-203 and 21-1-204 . The published summons shall indicate the general nature of the allegations and where a copy of the petition may be obtained. The hearing shall not be earlier than five (5) days after the date of the last publication.
(b) If service of summons upon a party is made by publication, the court may conduct a provisional hearing upon the allegations of the petition and enter an interlocutory order of disposition if the: (1) Petition alleges delinquency, unruly conduct, or dependency or neglect of the child; (2) Summons served upon any party: (A) States that prior to the final hearing on the petition designated in the summons a provisional hearing thereon will be held at a specified time and place; (B) Requires the party who is served other than by publication to appear and answer the allegations of the petition at the provisional hearing; (C) States further that findings of fact and orders of disposition made pursuant to the provisional hearing will become final at the final hearing unless the party served by publication appears at the final hearing; and (D) [Deleted by 2016 amendment.] (3) Child is personally before the court at the provisional hearing.
(1) Petition alleges delinquency, unruly conduct, or dependency or neglect of the child;
(2) Summons served upon any party: (A) States that prior to the final hearing on the petition designated in the summons a provisional hearing thereon will be held at a specified time and place; (B) Requires the party who is served other than by publication to appear and answer the allegations of the petition at the provisional hearing; (C) States further that findings of fact and orders of disposition made pursuant to the provisional hearing will become final at the final hearing unless the party served by publication appears at the final hearing; and (D) [Deleted by 2016 amendment.]
(A) States that prior to the final hearing on the petition designated in the summons a provisional hearing thereon will be held at a specified time and place;
(B) Requires the party who is served other than by publication to appear and answer the allegations of the petition at the provisional hearing;
(C) States further that findings of fact and orders of disposition made pursuant to the provisional hearing will become final at the final hearing unless the party served by publication appears at the final hearing; and
(D) [Deleted by 2016 amendment.]
(3) Child is personally before the court at the provisional hearing.
(c) All provisions of this part applicable to a hearing on a petition, orders of disposition, and other proceedings dependent thereon, apply under this section, but findings of fact and orders of disposition have only interlocutory effect pending the final hearing on the petition. The rights and duties of the party served by publication are not affected, except as provided in subsection (d).
(d) If the party served by publication fails to appear at the final hearing on the petition, the findings of fact and interlocutory orders made become final without further evidence and are governed by this part as if made at the final hearing. If the party appears at the final hearing, the findings and orders shall be vacated and disregarded and the hearing shall proceed upon the allegations of the petition without regard to this section.
Amended by 2016 Tenn. Acts, ch. 717,Secs.s4, s5 eff. 7/1/2016.
Acts 1970, ch. 600, § 25; T.C.A., § 37-225.
Tenn. Code Ann. § 37-5-309 — TN Code / Title 37 / Chapter 5 / Section 37-5-309
Contracts for provisions of health care - Termination
Status: in_force

(a) The agency shall, to the maximum extent possible, contract with private providers, clinics and local governments for the provision of services for the citizens of the state. (b) The agency shall terminate a contract under the following conditions: (1) Fraud or misappropriation of funds; (2) Delivery of services under the contract in a manner not consistent with the appropriate standard of care; or (3) Other reasons provided under the law and rules and regulations of the commissioner promulgated pursuant to this part. (c) Additionally, the agency shall have authority to terminate a contract for cause. Acts 1989, ch. 567, § 9; T.C.A., § 68-2-1109; Acts 1996, ch. 1079, § 149; 2006, ch. 1011, §§ 8, 9.
(a) The agency shall, to the maximum extent possible, contract with private providers, clinics and local governments for the provision of services for the citizens of the state.
(b) The agency shall terminate a contract under the following conditions: (1) Fraud or misappropriation of funds; (2) Delivery of services under the contract in a manner not consistent with the appropriate standard of care; or (3) Other reasons provided under the law and rules and regulations of the commissioner promulgated pursuant to this part.
(1) Fraud or misappropriation of funds;
(2) Delivery of services under the contract in a manner not consistent with the appropriate standard of care; or
(3) Other reasons provided under the law and rules and regulations of the commissioner promulgated pursuant to this part.
(c) Additionally, the agency shall have authority to terminate a contract for cause.
Acts 1989, ch. 567, § 9; T.C.A., § 68-2-1109; Acts 1996, ch. 1079, § 149; 2006, ch. 1011, §§ 8, 9.
Tenn. Code Ann. § 37-5-516 — TN Code / Title 37 / Chapter 5 / Section 37-5-516
Licensing standards committees
Status: in_force

(a) The commissioner shall appoint a standards committee composed of twelve (12) citizens, three (3) from each grand division of the state, and three (3) at-large for the purpose of developing or reviewing standards and regulations for each class of child care agency defined in this part. The classes of child care agencies regulated by the department shall be represented by members of the standards committee. (b) For any new class of child care agency as defined in this part, the standards committee shall develop and recommend to the commissioner the standards and regulations for that new class of child care agency. The standards and regulations of each existing class of child care agency shall be reviewed by a standards committee beginning every four (4) years following the date of submission of its last recommendations or more frequently as the commissioner may direct. (c) The standards committee shall act in an advisory capacity to the commissioner in recommending any initial standards or regulations or any changes to the existing standards or regulations of any class of child care agency. (d) The committee shall cease to exist upon submitting its recommendations to the commissioner, but may be re-established by the commissioner at any time to further review its recommendations or to consider additional standards or regulations or to consider revisions to the standards or regulations. (e) (1) In making appointments to the committee, the commissioner shall strive to ensure that at least one (1) person serving on the committee is sixty (60) years of age or older and that at least one (1) person serving on the committee is a member of a racial minority. (2) Except as otherwise provided in this section, in making appointments to the standards committee, the department shall strive to ensure that the membership of the standards committee includes a balance of representatives of the regulated industry and persons whose expertise would be of assistance to the department. The department shall appoint child advocates, social workers, attorneys, and other persons with knowledge and expertise in the specified area, as well as citizen members to the committee. (f) The members of the committee shall not receive any compensation for their services but shall be reimbursed for their travel to and from the committee meetings and for their meals and lodging in accordance with the state travel procedures and regulations. Acts 2000, ch. 981, § 34; 2007, ch. 453, § 3; 2011, ch. 281, § 3.
(a) The commissioner shall appoint a standards committee composed of twelve (12) citizens, three (3) from each grand division of the state, and three (3) at-large for the purpose of developing or reviewing standards and regulations for each class of child care agency defined in this part. The classes of child care agencies regulated by the department shall be represented by members of the standards committee.
(b) For any new class of child care agency as defined in this part, the standards committee shall develop and recommend to the commissioner the standards and regulations for that new class of child care agency. The standards and regulations of each existing class of child care agency shall be reviewed by a standards committee beginning every four (4) years following the date of submission of its last recommendations or more frequently as the commissioner may direct.
(c) The standards committee shall act in an advisory capacity to the commissioner in recommending any initial standards or regulations or any changes to the existing standards or regulations of any class of child care agency.
(d) The committee shall cease to exist upon submitting its recommendations to the commissioner, but may be re-established by the commissioner at any time to further review its recommendations or to consider additional standards or regulations or to consider revisions to the standards or regulations.
(e) (1) In making appointments to the committee, the commissioner shall strive to ensure that at least one (1) person serving on the committee is sixty (60) years of age or older and that at least one (1) person serving on the committee is a member of a racial minority. (2) Except as otherwise provided in this section, in making appointments to the standards committee, the department shall strive to ensure that the membership of the standards committee includes a balance of representatives of the regulated industry and persons whose expertise would be of assistance to the department. The department shall appoint child advocates, social workers, attorneys, and other persons with knowledge and expertise in the specified area, as well as citizen members to the committee.
(1) In making appointments to the committee, the commissioner shall strive to ensure that at least one (1) person serving on the committee is sixty (60) years of age or older and that at least one (1) person serving on the committee is a member of a racial minority.
(2) Except as otherwise provided in this section, in making appointments to the standards committee, the department shall strive to ensure that the membership of the standards committee includes a balance of representatives of the regulated industry and persons whose expertise would be of assistance to the department. The department shall appoint child advocates, social workers, attorneys, and other persons with knowledge and expertise in the specified area, as well as citizen members to the committee.
(f) The members of the committee shall not receive any compensation for their services but shall be reimbursed for their travel to and from the committee meetings and for their meals and lodging in accordance with the state travel procedures and regulations.
Acts 2000, ch. 981, § 34; 2007, ch. 453, § 3; 2011, ch. 281, § 3.
Tenn. Code Ann. § 37-5-518 — TN Code / Title 37 / Chapter 5 / Section 37-5-518
Annual reports of child care agencies
Status: in_force

(a) Each child care agency shall make an annual report of its work to the department on a form as the department prescribes by rule. (b) The department shall prepare and supply to all child care agencies the necessary printed forms to record the requested information. (c) An agency that provides residential child care shall include, at a minimum, in its annual report to the department: (1) The number of children who have been under the agency's care during the license period; (2) The disposition of children for whom care has been transferred to an individual or entity during the license period, including, but not limited to: (A) The number of children for whom care has been transferred; (B) The state and county where each child was adopted or transferred; and (C) The reason for the transfer, including whether the child was placed in foster care or with a family member; and (3) Any contracts or agreements with third parties, including contract or agreement amendments, through which the child care agency has agreed to provide placement, housing, or care services for children. (d) Each nontraditional child care agency shall include in its annual report to the department: (1) The number of children who have been under the agency's care during the license period; (2) The number of children adopted or for whom care has been transferred to an individual or entity during the license period; (3) The state and county where the children were adopted or transferred; (4) The average length of stay of the children with the agency; and (5) The amount in grants and public funds received by the agency from federal, state, and local governments. Amended by 2022 Tenn. Acts, ch. 1126, s 4, eff. 7/1/2022. Acts 2000, ch. 981, § 36.
(a) Each child care agency shall make an annual report of its work to the department on a form as the department prescribes by rule.
(b) The department shall prepare and supply to all child care agencies the necessary printed forms to record the requested information.
(c) An agency that provides residential child care shall include, at a minimum, in its annual report to the department: (1) The number of children who have been under the agency's care during the license period; (2) The disposition of children for whom care has been transferred to an individual or entity during the license period, including, but not limited to: (A) The number of children for whom care has been transferred; (B) The state and county where each child was adopted or transferred; and (C) The reason for the transfer, including whether the child was placed in foster care or with a family member; and (3) Any contracts or agreements with third parties, including contract or agreement amendments, through which the child care agency has agreed to provide placement, housing, or care services for children.
(1) The number of children who have been under the agency's care during the license period;
(2) The disposition of children for whom care has been transferred to an individual or entity during the license period, including, but not limited to: (A) The number of children for whom care has been transferred; (B) The state and county where each child was adopted or transferred; and (C) The reason for the transfer, including whether the child was placed in foster care or with a family member; and
(A) The number of children for whom care has been transferred;
(B) The state and county where each child was adopted or transferred; and
(C) The reason for the transfer, including whether the child was placed in foster care or with a family member; and
(3) Any contracts or agreements with third parties, including contract or agreement amendments, through which the child care agency has agreed to provide placement, housing, or care services for children.
(d) Each nontraditional child care agency shall include in its annual report to the department: (1) The number of children who have been under the agency's care during the license period; (2) The number of children adopted or for whom care has been transferred to an individual or entity during the license period; (3) The state and county where the children were adopted or transferred; (4) The average length of stay of the children with the agency; and (5) The amount in grants and public funds received by the agency from federal, state, and local governments.
(1) The number of children who have been under the agency's care during the license period;
(2) The number of children adopted or for whom care has been transferred to an individual or entity during the license period;
(3) The state and county where the children were adopted or transferred;
(4) The average length of stay of the children with the agency; and
(5) The amount in grants and public funds received by the agency from federal, state, and local governments.
Amended by 2022 Tenn. Acts, ch. 1126, s 4, eff. 7/1/2022.
Acts 2000, ch. 981, § 36.
Tenn. Code Ann. § 37-5-317 — TN Code / Title 37 / Chapter 5 / Section 37-5-317
Transfer of career service employees from community services agencies to the department of children's services or the department of health in certain communities
Status: in_force

(a) Notwithstanding any law to the contrary, including § 8-30-309 , and recognizing the years of faithful and dedicated service to the state of Tennessee by the employees of the community services agencies, community services agency employees who serve in jobs that would be classified as career service, as formerly defined in § 8-30-208 [repealed and reenacted], had they been employed in the state service, and whose functions and positions are transferred to either the department of children's services or the department of health by each department's respective commissioner on or before June 30, 2006, shall be transferred into the department of children's services or the department of health. Such employees shall receive the benefits and protection of career service status and shall be eligible for participation in the state health insurance plan without further examination or competition. (b) All community service agency employees transferred to the department of children's services or the department of health, pursuant to this part, shall be subject to a minimum probationary period of six (6) months, beginning on the first day of service with the respective department, pursuant to § 8-30-312 , unless the transferred community service agency employee has previously served the minimum six-month probationary period. (c) All such transfers shall take place no later than June 30, 2006. (d) Transfers of employees from the community services agencies to the department of children's services or the department of health, pursuant to this section, shall not result in any diminution, impairment or interruption of current salary, accrued sick and annual leave, seniority, participation in the Tennessee consolidated retirement system, or amounts already accrued under a deferred compensation plan; however, this shall not impair the department's authority, through establishing policies and procedures, to correct salary disparities through the promotional process. (e) Any employee so transferred shall be eligible for promotion pursuant to the provisions of title 8, chapter 30, after the transfer takes effect. (f) This section shall not apply to a county having a metropolitan form of government whose employees provide services for the community service agencies pursuant to § 37-5-304 . Amended by 2022 Tenn. Acts, ch. 655, s 29, eff. 7/1/2022. Acts 2001, ch. 390, § 1; 2005, ch. 354, § 1.
(a) Notwithstanding any law to the contrary, including § 8-30-309 , and recognizing the years of faithful and dedicated service to the state of Tennessee by the employees of the community services agencies, community services agency employees who serve in jobs that would be classified as career service, as formerly defined in § 8-30-208 [repealed and reenacted], had they been employed in the state service, and whose functions and positions are transferred to either the department of children's services or the department of health by each department's respective commissioner on or before June 30, 2006, shall be transferred into the department of children's services or the department of health. Such employees shall receive the benefits and protection of career service status and shall be eligible for participation in the state health insurance plan without further examination or competition.
(b) All community service agency employees transferred to the department of children's services or the department of health, pursuant to this part, shall be subject to a minimum probationary period of six (6) months, beginning on the first day of service with the respective department, pursuant to § 8-30-312 , unless the transferred community service agency employee has previously served the minimum six-month probationary period.
(c) All such transfers shall take place no later than June 30, 2006.
(d) Transfers of employees from the community services agencies to the department of children's services or the department of health, pursuant to this section, shall not result in any diminution, impairment or interruption of current salary, accrued sick and annual leave, seniority, participation in the Tennessee consolidated retirement system, or amounts already accrued under a deferred compensation plan; however, this shall not impair the department's authority, through establishing policies and procedures, to correct salary disparities through the promotional process.
(e) Any employee so transferred shall be eligible for promotion pursuant to the provisions of title 8, chapter 30, after the transfer takes effect.
(f) This section shall not apply to a county having a metropolitan form of government whose employees provide services for the community service agencies pursuant to § 37-5-304 .
Amended by 2022 Tenn. Acts, ch. 655, s 29, eff. 7/1/2022.
Acts 2001, ch. 390, § 1; 2005, ch. 354, § 1.
Tenn. Code Ann. § 37-10-202 — TN Code / Title 37 / Chapter 10 / Section 37-10-202
Timely report of missing child - Offense of failure to report missing child - Defense - False allegation of failure to report
Status: in_force

(a) Except as provided in subsection (b), whenever a parent knows, learns, or believes that a child under the parent's charge and care is missing, the parent shall report the child as being missing to a law enforcement agency or the Tennessee bureau of investigation. (b) Whenever the parent knows, learns, or believes that a minor child under the parent's charge and care is missing, the parent shall make the report under subsection (a) within a reasonable time after determining that the child is missing, but in no event more than twenty-four (24) hours after determining that the child is missing. As used in this section, "minor child" means a person who is twelve (12) years of age or younger. (c) (1) A parent who is subject to the duty imposed by subsection (b) commits the offense of failure to report a missing child if the parent fails to make, or fails to cause to be made, the report required under subsection (b) with intentional or reckless disregard for the safety of the minor child. (2) Failure to report a missing child is a Class A misdemeanor. (d) This section does not prohibit prosecution under any other law. (e) It is a defense to prosecution under this section that the parent made reasonably diligent efforts to verify the whereabouts and safety of the minor child during the period of any delay in making the report required by subsection (b). (f) A person who knowingly makes a false allegation against a parent of failure to report a missing child as required by this section, in addition to any other penalties provided for by law, may be prosecuted for the offense of false reports under § 39-16-502 , and the court may order the accuser to pay all litigation expenses, including, but not limited to, reasonable attorney's fees, discretionary costs, and other costs incurred by the wrongly accused party in defending against the false allegation. Amended by 2021 Tenn. Acts, ch. 107, s 2, eff. 7/1/2021. Acts 1985, ch. 158, § 2.
(a) Except as provided in subsection (b), whenever a parent knows, learns, or believes that a child under the parent's charge and care is missing, the parent shall report the child as being missing to a law enforcement agency or the Tennessee bureau of investigation.
(b) Whenever the parent knows, learns, or believes that a minor child under the parent's charge and care is missing, the parent shall make the report under subsection (a) within a reasonable time after determining that the child is missing, but in no event more than twenty-four (24) hours after determining that the child is missing. As used in this section, "minor child" means a person who is twelve (12) years of age or younger.
(c) (1) A parent who is subject to the duty imposed by subsection (b) commits the offense of failure to report a missing child if the parent fails to make, or fails to cause to be made, the report required under subsection (b) with intentional or reckless disregard for the safety of the minor child. (2) Failure to report a missing child is a Class A misdemeanor.
(1) A parent who is subject to the duty imposed by subsection (b) commits the offense of failure to report a missing child if the parent fails to make, or fails to cause to be made, the report required under subsection (b) with intentional or reckless disregard for the safety of the minor child.
(2) Failure to report a missing child is a Class A misdemeanor.
(d) This section does not prohibit prosecution under any other law.
(e) It is a defense to prosecution under this section that the parent made reasonably diligent efforts to verify the whereabouts and safety of the minor child during the period of any delay in making the report required by subsection (b).
(f) A person who knowingly makes a false allegation against a parent of failure to report a missing child as required by this section, in addition to any other penalties provided for by law, may be prosecuted for the offense of false reports under § 39-16-502 , and the court may order the accuser to pay all litigation expenses, including, but not limited to, reasonable attorney's fees, discretionary costs, and other costs incurred by the wrongly accused party in defending against the false allegation.
Amended by 2021 Tenn. Acts, ch. 107, s 2, eff. 7/1/2021.
Acts 1985, ch. 158, § 2.
Tenn. Code Ann. § 37-2-406 — TN Code / Title 37 / Chapter 2 / Section 37-2-406
Foster care review boards - Request by judges for recommendations in making appointments - Composition - Option for judges to review cases
Status: in_force

(a) (1) One (1) or more foster care review boards are hereby established in each county or in a region comprised of contiguous counties, the members being appointed by the judge or judges having juvenile court jurisdiction in such county or region by their mutual agreement. The judge or judges may appoint more than one (1) board and divide the workload in an equitable manner. (2) The judge or judges may request recommendations from the administrative office of the courts or the department of children's services in making appointments to the foster care review board. Each board may include a nurse, a doctor, a lawyer, a member of a human resource agency, such as the departments of health or human services, a member of a local education agency, a staff member of a local mental health agency, a youth who was formerly in foster care and shall include a mother or father with a minor child and a person under the age of thirty (30). The members appointed to the board shall serve for two (2) years and shall serve without any form of compensation or reimbursement of expenses. The youth services officer or other designated officer of the court shall serve as a facilitator to each county or regional board. In counties with a population of less than one hundred thousand (100,000), the board shall consist of five (5) members. In counties with a population of more than one hundred thousand (100,000), and in regions, each board shall consist of seven (7) members. A quorum must exist to conduct the review. (3) In lieu of the provisions of subdivisions (a)(1) and (2), the judge having juvenile court jurisdiction in any county may elect to personally review each case and, therefore, not appoint a foster care review board or to personally review certain cases instead of assigning them to the board for review even though a board is appointed. In the event the judge elects not to appoint a board, the judge shall specify by written order of the court duly entered on the record the guidelines and procedures the judge will use to ensure that the judge conducts the reviews required by this part for every child in foster care under the jurisdiction of the judge's court within ninety (90) days of the child's date of foster care and no less frequently than every six (6) months thereafter until such time as the child is no longer in foster care. A copy of this order shall be furnished to the county director of the department and to the commission on children and youth. The court may elect at any time to rescind this order and appoint a board pursuant to subdivisions (a)(1) and (2). (4) All board members shall be required to participate in the training related to the performance of their duties. (5) Nothing in this section shall preclude the court from reviewing a case, in lieu of the foster care review board, on either a motion by any party or on the court's own motion. (b) It is the responsibility of the foster care review board or court to conduct the reviews specified in subsection (a). The board and the department shall develop adequate procedures to ensure that the case of each child in foster care is reviewed no less frequently than ninety (90) days after placement in foster care and every six (6) months thereafter; provided, that whenever a judicial hearing that addresses the issues specified in § 37-2-404 is held within six (6) months of a review, the next review may be held within six (6) months of the judicial hearing instead of within six (6) months of the previous review, except for the first hearing held within ninety (90) days of the foster care placement. (c) (1) The foster care review board shall submit a report to the judge on each child reviewed. Such report shall be submitted to the judge within ten (10) calendar days following the review conducted by the board. Such reports are advisory and shall contain the board's findings and recommendations pursuant to the provisions of § 37-2-404(b) . The report shall include the date of the next review. A copy of the report shall be provided to the department or agency and to the child's parent(s) whose rights have not been terminated or surrendered, the parent's attorney, the guardian ad litem and/or attorney for the child, and the child who is a party to the proceeding. (2) The foster care review board may also make a direct referral to the judge or magistrate with such findings and recommendations under the following circumstances and timeframes: (A) Where conditions persist that constitute a deterrent to reaching the permanency goals in a given case and such conditions indirectly and chronically compromise the health, safety or welfare of the child, such direct referral case shall be heard by the judge or magistrate within thirty (30) calendar days; or (B) Where issues in a particular case constitute a risk of harm and directly compromise the health, safety or welfare of the child, such direct referral case shall be heard by the judge or magistrate within seventy-two (72) hours, excluding non-judicial days. Acts 1976, ch. 731, § 4; 1979, ch. 103, § 1; 1979, ch. 272, § 4; 1982, ch. 811, § 4; 1983, ch. 438, §§ 14-16; T.C.A., § 37-1505; Acts 1984, ch. 789, § 4; 1988, ch. 560, §§ 9, 10; 1996, ch. 1079, §§ 73, 111; 1999, ch. 164, § 1; 2009, ch. 235, § 1; 2010, ch. 842, §§ 7-10.
(a) (1) One (1) or more foster care review boards are hereby established in each county or in a region comprised of contiguous counties, the members being appointed by the judge or judges having juvenile court jurisdiction in such county or region by their mutual agreement. The judge or judges may appoint more than one (1) board and divide the workload in an equitable manner. (2) The judge or judges may request recommendations from the administrative office of the courts or the department of children's services in making appointments to the foster care review board. Each board may include a nurse, a doctor, a lawyer, a member of a human resource agency, such as the departments of health or human services, a member of a local education agency, a staff member of a local mental health agency, a youth who was formerly in foster care and shall include a mother or father with a minor child and a person under the age of thirty (30). The members appointed to the board shall serve for two (2) years and shall serve without any form of compensation or reimbursement of expenses. The youth services officer or other designated officer of the court shall serve as a facilitator to each county or regional board. In counties with a population of less than one hundred thousand (100,000), the board shall consist of five (5) members. In counties with a population of more than one hundred thousand (100,000), and in regions, each board shall consist of seven (7) members. A quorum must exist to conduct the review. (3) In lieu of the provisions of subdivisions (a)(1) and (2), the judge having juvenile court jurisdiction in any county may elect to personally review each case and, therefore, not appoint a foster care review board or to personally review certain cases instead of assigning them to the board for review even though a board is appointed. In the event the judge elects not to appoint a board, the judge shall specify by written order of the court duly entered on the record the guidelines and procedures the judge will use to ensure that the judge conducts the reviews required by this part for every child in foster care under the jurisdiction of the judge's court within ninety (90) days of the child's date of foster care and no less frequently than every six (6) months thereafter until such time as the child is no longer in foster care. A copy of this order shall be furnished to the county director of the department and to the commission on children and youth. The court may elect at any time to rescind this order and appoint a board pursuant to subdivisions (a)(1) and (2). (4) All board members shall be required to participate in the training related to the performance of their duties. (5) Nothing in this section shall preclude the court from reviewing a case, in lieu of the foster care review board, on either a motion by any party or on the court's own motion.
(1) One (1) or more foster care review boards are hereby established in each county or in a region comprised of contiguous counties, the members being appointed by the judge or judges having juvenile court jurisdiction in such county or region by their mutual agreement. The judge or judges may appoint more than one (1) board and divide the workload in an equitable manner.
(2) The judge or judges may request recommendations from the administrative office of the courts or the department of children's services in making appointments to the foster care review board. Each board may include a nurse, a doctor, a lawyer, a member of a human resource agency, such as the departments of health or human services, a member of a local education agency, a staff member of a local mental health agency, a youth who was formerly in foster care and shall include a mother or father with a minor child and a person under the age of thirty (30). The members appointed to the board shall serve for two (2) years and shall serve without any form of compensation or reimbursement of expenses. The youth services officer or other designated officer of the court shall serve as a facilitator to each county or regional board. In counties with a population of less than one hundred thousand (100,000), the board shall consist of five (5) members. In counties with a population of more than one hundred thousand (100,000), and in regions, each board shall consist of seven (7) members. A quorum must exist to conduct the review.
(3) In lieu of the provisions of subdivisions (a)(1) and (2), the judge having juvenile court jurisdiction in any county may elect to personally review each case and, therefore, not appoint a foster care review board or to personally review certain cases instead of assigning them to the board for review even though a board is appointed. In the event the judge elects not to appoint a board, the judge shall specify by written order of the court duly entered on the record the guidelines and procedures the judge will use to ensure that the judge conducts the reviews required by this part for every child in foster care under the jurisdiction of the judge's court within ninety (90) days of the child's date of foster care and no less frequently than every six (6) months thereafter until such time as the child is no longer in foster care. A copy of this order shall be furnished to the county director of the department and to the commission on children and youth. The court may elect at any time to rescind this order and appoint a board pursuant to subdivisions (a)(1) and (2).
(4) All board members shall be required to participate in the training related to the performance of their duties.
(5) Nothing in this section shall preclude the court from reviewing a case, in lieu of the foster care review board, on either a motion by any party or on the court's own motion.
(b) It is the responsibility of the foster care review board or court to conduct the reviews specified in subsection (a). The board and the department shall develop adequate procedures to ensure that the case of each child in foster care is reviewed no less frequently than ninety (90) days after placement in foster care and every six (6) months thereafter; provided, that whenever a judicial hearing that addresses the issues specified in § 37-2-404 is held within six (6) months of a review, the next review may be held within six (6) months of the judicial hearing instead of within six (6) months of the previous review, except for the first hearing held within ninety (90) days of the foster care placement.
(c) (1) The foster care review board shall submit a report to the judge on each child reviewed. Such report shall be submitted to the judge within ten (10) calendar days following the review conducted by the board. Such reports are advisory and shall contain the board's findings and recommendations pursuant to the provisions of § 37-2-404(b) . The report shall include the date of the next review. A copy of the report shall be provided to the department or agency and to the child's parent(s) whose rights have not been terminated or surrendered, the parent's attorney, the guardian ad litem and/or attorney for the child, and the child who is a party to the proceeding. (2) The foster care review board may also make a direct referral to the judge or magistrate with such findings and recommendations under the following circumstances and timeframes: (A) Where conditions persist that constitute a deterrent to reaching the permanency goals in a given case and such conditions indirectly and chronically compromise the health, safety or welfare of the child, such direct referral case shall be heard by the judge or magistrate within thirty (30) calendar days; or (B) Where issues in a particular case constitute a risk of harm and directly compromise the health, safety or welfare of the child, such direct referral case shall be heard by the judge or magistrate within seventy-two (72) hours, excluding non-judicial days.
(1) The foster care review board shall submit a report to the judge on each child reviewed. Such report shall be submitted to the judge within ten (10) calendar days following the review conducted by the board. Such reports are advisory and shall contain the board's findings and recommendations pursuant to the provisions of § 37-2-404(b) . The report shall include the date of the next review. A copy of the report shall be provided to the department or agency and to the child's parent(s) whose rights have not been terminated or surrendered, the parent's attorney, the guardian ad litem and/or attorney for the child, and the child who is a party to the proceeding.
(2) The foster care review board may also make a direct referral to the judge or magistrate with such findings and recommendations under the following circumstances and timeframes: (A) Where conditions persist that constitute a deterrent to reaching the permanency goals in a given case and such conditions indirectly and chronically compromise the health, safety or welfare of the child, such direct referral case shall be heard by the judge or magistrate within thirty (30) calendar days; or (B) Where issues in a particular case constitute a risk of harm and directly compromise the health, safety or welfare of the child, such direct referral case shall be heard by the judge or magistrate within seventy-two (72) hours, excluding non-judicial days.
(A) Where conditions persist that constitute a deterrent to reaching the permanency goals in a given case and such conditions indirectly and chronically compromise the health, safety or welfare of the child, such direct referral case shall be heard by the judge or magistrate within thirty (30) calendar days; or
(B) Where issues in a particular case constitute a risk of harm and directly compromise the health, safety or welfare of the child, such direct referral case shall be heard by the judge or magistrate within seventy-two (72) hours, excluding non-judicial days.
Acts 1976, ch. 731, § 4; 1979, ch. 103, § 1; 1979, ch. 272, § 4; 1982, ch. 811, § 4; 1983, ch. 438, §§ 14-16; T.C.A., § 37-1505; Acts 1984, ch. 789, § 4; 1988, ch. 560, §§ 9, 10; 1996, ch. 1079, §§ 73, 111; 1999, ch. 164, § 1; 2009, ch. 235, § 1; 2010, ch. 842, §§ 7-10.
Tenn. Code Ann. § 37-1-304 — TN Code / Title 37 / Chapter 1 / Section 37-1-304
Contents of petition
Status: in_force

(a) The petition shall briefly and clearly state: (1) Petitioner's full name and address; (2) The charge upon which petitioner's commitment is based; (3) The name and location of the juvenile court that committed the petitioner; (4) The date of commitment; (5) What restraint of liberty is presently being imposed; (6) Who is imposing the present restraint, and when it commenced; (7) Any appeals and all other applications for relief previously filed, including the date decided, the court, the grounds asserted, and the results; (8) The names of the attorneys who have represented petitioner and at what stage of the proceedings; (9) Facts establishing the grounds upon which the claim for relief is based, whether they have been previously presented to any court and, if not, why not; (10) Whether the petitioner has an attorney and, if not, whether the petitioner has funds to hire an attorney; and (11) Any other information required by rule of the Tennessee supreme court. (b) The petition shall have attached affidavits, records, or other evidence supporting its allegations, or shall state why they are not attached. Acts 1978, ch. 750, § 4; T.C.A., § 37-1704.
(a) The petition shall briefly and clearly state: (1) Petitioner's full name and address; (2) The charge upon which petitioner's commitment is based; (3) The name and location of the juvenile court that committed the petitioner; (4) The date of commitment; (5) What restraint of liberty is presently being imposed; (6) Who is imposing the present restraint, and when it commenced; (7) Any appeals and all other applications for relief previously filed, including the date decided, the court, the grounds asserted, and the results; (8) The names of the attorneys who have represented petitioner and at what stage of the proceedings; (9) Facts establishing the grounds upon which the claim for relief is based, whether they have been previously presented to any court and, if not, why not; (10) Whether the petitioner has an attorney and, if not, whether the petitioner has funds to hire an attorney; and (11) Any other information required by rule of the Tennessee supreme court.
(1) Petitioner's full name and address;
(2) The charge upon which petitioner's commitment is based;
(3) The name and location of the juvenile court that committed the petitioner;
(4) The date of commitment;
(5) What restraint of liberty is presently being imposed;
(6) Who is imposing the present restraint, and when it commenced;
(7) Any appeals and all other applications for relief previously filed, including the date decided, the court, the grounds asserted, and the results;
(8) The names of the attorneys who have represented petitioner and at what stage of the proceedings;
(9) Facts establishing the grounds upon which the claim for relief is based, whether they have been previously presented to any court and, if not, why not;
(10) Whether the petitioner has an attorney and, if not, whether the petitioner has funds to hire an attorney; and
(11) Any other information required by rule of the Tennessee supreme court.
(b) The petition shall have attached affidavits, records, or other evidence supporting its allegations, or shall state why they are not attached.
Acts 1978, ch. 750, § 4; T.C.A., § 37-1704.
Tenn. Code Ann. § 37-10-303 — TN Code / Title 37 / Chapter 10 / Section 37-10-303
Written consent required - Petition for waiver
Status: in_force

(a) (1) No person shall perform an abortion on an unemancipated minor unless such person or such person's agent first obtains the written consent of one (1) parent or the legal guardian of the minor. The consent shall be signed. The person shall obtain some written documentation, other than the written consent itself, that purports to establish the relationship of the parent or guardian to the minor and the documentation, along with the signed consent, shall be retained by the person for a period of at least one (1) year. Failure of the person performing the abortion to obtain or retain the documentation and consent is a Class B misdemeanor, punishable only by a fine, unless the failure of the person performing the abortion to retain the required documentation was due to a bona fide, imminent medical emergency to the minor, in which case there is no violation. (2) A person commits a Class A misdemeanor who impersonates the parent or legal guardian of an unemancipated minor for the purpose of circumventing the requirements of subdivision (a)(1). (b) If neither a parent nor a legal guardian is available to the person performing the abortion or such person's agent, or the party from whom consent must be obtained pursuant to this section refuses to consent to the performance of an abortion, or the minor elects not to seek consent of the parent or legal guardian whose consent is required, then the minor may petition, on the minor's own behalf, or by next friend, the juvenile court of any county of this state for a waiver of the consent requirement of this section, pursuant to the procedures of § 37-10-304 . (c) If a criminal charge of incest is pending against a parent of such minor pursuant to § 39-15-302 , the written consent of such parent, as provided for in subdivision (a)(1), is not required. Acts 1988, ch. 929, § 3; 1995, ch. 458, § 3; 2006, ch. 932, §§ 1, 3.
(a) (1) No person shall perform an abortion on an unemancipated minor unless such person or such person's agent first obtains the written consent of one (1) parent or the legal guardian of the minor. The consent shall be signed. The person shall obtain some written documentation, other than the written consent itself, that purports to establish the relationship of the parent or guardian to the minor and the documentation, along with the signed consent, shall be retained by the person for a period of at least one (1) year. Failure of the person performing the abortion to obtain or retain the documentation and consent is a Class B misdemeanor, punishable only by a fine, unless the failure of the person performing the abortion to retain the required documentation was due to a bona fide, imminent medical emergency to the minor, in which case there is no violation. (2) A person commits a Class A misdemeanor who impersonates the parent or legal guardian of an unemancipated minor for the purpose of circumventing the requirements of subdivision (a)(1).
(1) No person shall perform an abortion on an unemancipated minor unless such person or such person's agent first obtains the written consent of one (1) parent or the legal guardian of the minor. The consent shall be signed. The person shall obtain some written documentation, other than the written consent itself, that purports to establish the relationship of the parent or guardian to the minor and the documentation, along with the signed consent, shall be retained by the person for a period of at least one (1) year. Failure of the person performing the abortion to obtain or retain the documentation and consent is a Class B misdemeanor, punishable only by a fine, unless the failure of the person performing the abortion to retain the required documentation was due to a bona fide, imminent medical emergency to the minor, in which case there is no violation.
(2) A person commits a Class A misdemeanor who impersonates the parent or legal guardian of an unemancipated minor for the purpose of circumventing the requirements of subdivision (a)(1).
(b) If neither a parent nor a legal guardian is available to the person performing the abortion or such person's agent, or the party from whom consent must be obtained pursuant to this section refuses to consent to the performance of an abortion, or the minor elects not to seek consent of the parent or legal guardian whose consent is required, then the minor may petition, on the minor's own behalf, or by next friend, the juvenile court of any county of this state for a waiver of the consent requirement of this section, pursuant to the procedures of § 37-10-304 .
(c) If a criminal charge of incest is pending against a parent of such minor pursuant to § 39-15-302 , the written consent of such parent, as provided for in subdivision (a)(1), is not required.
Acts 1988, ch. 929, § 3; 1995, ch. 458, § 3; 2006, ch. 932, §§ 1, 3.
Tenn. Code Ann. § 37-5-109 — TN Code / Title 37 / Chapter 5 / Section 37-5-109
Licensing
Status: in_force

The responsibility for licensing children's programs, agencies, group homes, institutions or any other entity serving children that requires a license by law in Tennessee is as follows: (1) The department of children's services shall license or approve and supervise child abuse agencies, child caring institutions, child placing agencies, detention centers, family boarding or foster care homes, group care homes, maternity homes and temporary holding resources. Not later than January 1, 1999, the department shall develop and implement standards to ensure that children in foster care placements in public or private agencies are provided quality services that protect the safety and health of the children. Exceptions to the department's licensing responsibilities concerning the aforementioned categories are contained in § 37-5-503 ; (2) The department of human services shall license or approve and supervise child care centers, family child care homes and group child care homes. Exceptions to the department's licensing responsibilities concerning the aforementioned categories are contained in § 71-3-503 ; (3) The department of mental health and substance abuse services shall license or approve and supervise any institution, treatment resource, group residence, boarding home, sheltered workshop, activity center, rehabilitation center, hospital, community mental health center, counseling center, clinic, halfway house or other entity, by these or other names, providing mental health, intellectual disability or developmental disability services, respectively, or as required by title 33, chapter 2, part 4. Exceptions to the licensing responsibilities of the department of mental health and substance abuse services concerning the aforementioned categories are contained in § 33-2-403 ; (4) Any programs or portions of programs, or any place, home, facility, institution or other entity that is otherwise subject to licensure or approval by any other agency as required by law, shall continue to be licensed or approved by that agency unless notified to the contrary by the department of children's services; and (5) Subject to the exemptions set out in § 37-5-503 , and pursuant to promulgated rules and regulations, the department will license or approve or supervise any entity that provides residential services to children and is not otherwise subject to licensure, approval, certification or supervision by any other agency as required by state law. Acts 1996, ch. 1079, § 10; 1998, ch. 1097, § 28; 2000, ch. 947, §§ 6, 8I, 8L, 8M; 2000, ch. 981, § 61; imp. am. Acts 2000, ch. 947, § 6; 2010, ch. 1100, § 63; 2012, ch. 575, § 1.
The responsibility for licensing children's programs, agencies, group homes, institutions or any other entity serving children that requires a license by law in Tennessee is as follows:
(1) The department of children's services shall license or approve and supervise child abuse agencies, child caring institutions, child placing agencies, detention centers, family boarding or foster care homes, group care homes, maternity homes and temporary holding resources. Not later than January 1, 1999, the department shall develop and implement standards to ensure that children in foster care placements in public or private agencies are provided quality services that protect the safety and health of the children. Exceptions to the department's licensing responsibilities concerning the aforementioned categories are contained in § 37-5-503 ;
(2) The department of human services shall license or approve and supervise child care centers, family child care homes and group child care homes. Exceptions to the department's licensing responsibilities concerning the aforementioned categories are contained in § 71-3-503 ;
(3) The department of mental health and substance abuse services shall license or approve and supervise any institution, treatment resource, group residence, boarding home, sheltered workshop, activity center, rehabilitation center, hospital, community mental health center, counseling center, clinic, halfway house or other entity, by these or other names, providing mental health, intellectual disability or developmental disability services, respectively, or as required by title 33, chapter 2, part 4. Exceptions to the licensing responsibilities of the department of mental health and substance abuse services concerning the aforementioned categories are contained in § 33-2-403 ;
(4) Any programs or portions of programs, or any place, home, facility, institution or other entity that is otherwise subject to licensure or approval by any other agency as required by law, shall continue to be licensed or approved by that agency unless notified to the contrary by the department of children's services; and
(5) Subject to the exemptions set out in § 37-5-503 , and pursuant to promulgated rules and regulations, the department will license or approve or supervise any entity that provides residential services to children and is not otherwise subject to licensure, approval, certification or supervision by any other agency as required by state law.
Acts 1996, ch. 1079, § 10; 1998, ch. 1097, § 28; 2000, ch. 947, §§ 6, 8I, 8L, 8M; 2000, ch. 981, § 61; imp. am. Acts 2000, ch. 947, § 6; 2010, ch. 1100, § 63; 2012, ch. 575, § 1.
Tenn. Code Ann. § 37-1-404 — TN Code / Title 37 / Chapter 1 / Section 37-1-404
Retention of custody of child by hospital or physician - Protective custody
Status: in_force

(a) Any person in charge of a hospital or similar institution or any physician treating a child may keep that child in custody until the next regular weekday session of the juvenile court without the consent of the parents, legal guardian or legal custodian, whether or not additional medical treatment is required, if the circumstances are such, or if the condition of the child is such, that continuing the child in the child's place of residence or in the care or custody of the parents, legal guardian, or legal custodian presents an imminent danger to the child's life or physical or mental health. (b) Any person taking a child into protective custody shall immediately notify the department, whereupon the department shall immediately begin a child protective investigation in accordance with the provisions of § 37-1-606 , and shall make every reasonable effort to immediately notify the parents, legal guardian or legal custodian that such child has been taken into protective custody. (c) If the department determines, according to the criteria set forth in § 37-1-114 , that the child should remain in protective custody longer than the next regular weekday session of the juvenile court, it shall petition the court for an order authorizing such custody in the same manner as if the child were placed in a shelter. (d) The department shall attempt to avoid the placement of a child in an institution whenever possible. Acts 1973, ch. 81, § 1; 1975, ch. 3, § 1; T.C.A., § 37-1204; Acts 1987, ch. 145, § 8.
(a) Any person in charge of a hospital or similar institution or any physician treating a child may keep that child in custody until the next regular weekday session of the juvenile court without the consent of the parents, legal guardian or legal custodian, whether or not additional medical treatment is required, if the circumstances are such, or if the condition of the child is such, that continuing the child in the child's place of residence or in the care or custody of the parents, legal guardian, or legal custodian presents an imminent danger to the child's life or physical or mental health.
(b) Any person taking a child into protective custody shall immediately notify the department, whereupon the department shall immediately begin a child protective investigation in accordance with the provisions of § 37-1-606 , and shall make every reasonable effort to immediately notify the parents, legal guardian or legal custodian that such child has been taken into protective custody.
(c) If the department determines, according to the criteria set forth in § 37-1-114 , that the child should remain in protective custody longer than the next regular weekday session of the juvenile court, it shall petition the court for an order authorizing such custody in the same manner as if the child were placed in a shelter.
(d) The department shall attempt to avoid the placement of a child in an institution whenever possible.
Acts 1973, ch. 81, § 1; 1975, ch. 3, § 1; T.C.A., § 37-1204; Acts 1987, ch. 145, § 8.
Tenn. Code Ann. § 37-3-805 — TN Code / Title 37 / Chapter 3 / Section 37-3-805
Administration - Responsibilities
Status: in_force

(a) The commission shall be administratively attached to the Tennessee commission on children and youth, but for all purposes other than administration, shall be an independent commission. (b) The Tennessee commission on children and youth shall be responsible for: (1) Scheduling and staffing the commission's meetings; (2) Notifying witnesses of the date upon which they are requested to appear; (3) Taking minutes at the commission's meetings; (4) Compensating members and witnesses for travel expenses when appropriate; (5) Reviewing department of children's services files and case summaries regarding the appropriate sampling of cases upon which the commission expects to hear testimony; (6) Providing the commission members with any relevant information; and (7) Assisting the commission in drafting reports. Acts 2010, ch. 1060, § 1.
(a) The commission shall be administratively attached to the Tennessee commission on children and youth, but for all purposes other than administration, shall be an independent commission.
(b) The Tennessee commission on children and youth shall be responsible for: (1) Scheduling and staffing the commission's meetings; (2) Notifying witnesses of the date upon which they are requested to appear; (3) Taking minutes at the commission's meetings; (4) Compensating members and witnesses for travel expenses when appropriate; (5) Reviewing department of children's services files and case summaries regarding the appropriate sampling of cases upon which the commission expects to hear testimony; (6) Providing the commission members with any relevant information; and (7) Assisting the commission in drafting reports.
(1) Scheduling and staffing the commission's meetings;
(2) Notifying witnesses of the date upon which they are requested to appear;
(3) Taking minutes at the commission's meetings;
(4) Compensating members and witnesses for travel expenses when appropriate;
(5) Reviewing department of children's services files and case summaries regarding the appropriate sampling of cases upon which the commission expects to hear testimony;
(6) Providing the commission members with any relevant information; and
(7) Assisting the commission in drafting reports.
Acts 2010, ch. 1060, § 1.
Tenn. Code Ann. § 37-3-602 — TN Code / Title 37 / Chapter 3 / Section 37-3-602
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Family preservation services" mean short-term, highly intensive, services designed to protect, treat, and support a family, with a child at imminent risk of placement, by enabling the family to remain intact and care for the child at home; (2) "Family support services" means community-based services to promote the safety and well-being of children and families designed to increase the strength and stability of families, including adoptive, foster, and extended families, to increase parents' confidence and competence in their parenting abilities, to afford children a safe, stable and supportive family environment, and otherwise to enhance child development; (3) "Imminent risk of placement" means circumstances or behavior likely to produce, within a relatively short period of time, a reasonably strong probability that the child will be placed in state custody as a result of being adjudicated dependent and neglected, delinquent and unruly, or in need of mental health services under § 37-1-175 ; and (4) "Time-limited family reunification services" means the services and activities described below that are provided to a child that is removed from the child's home and placed in a foster family home or a child care institution and to the parents or primary caregiver of such a child, in order to facilitate the reunification of the child safely and appropriately within a timely fashion, but only during the fifteen-month period that begins on the date that the child, pursuant to § 37-2-402 , is considered to have entered foster care. The services and activities described in this subdivision (4) are the following individual, group and family counseling services: (A) Inpatient, residential, or outpatient substance abuse treatment services; (B) Mental health services; (C) Assistance to address domestic violence; (D) Services designed to provide temporary child care and therapeutic services for families, including crisis nurseries; and (E) Transportation to or from any of the services and activities described in this subdivision (4). Acts 1991, ch. 185, § 2; 1996, ch. 1079, § 120; 1998, ch. 1097, § 24; 2000, ch. 947, § 8G.
As used in this part, unless the context otherwise requires:
(1) "Family preservation services" mean short-term, highly intensive, services designed to protect, treat, and support a family, with a child at imminent risk of placement, by enabling the family to remain intact and care for the child at home;
(2) "Family support services" means community-based services to promote the safety and well-being of children and families designed to increase the strength and stability of families, including adoptive, foster, and extended families, to increase parents' confidence and competence in their parenting abilities, to afford children a safe, stable and supportive family environment, and otherwise to enhance child development;
(3) "Imminent risk of placement" means circumstances or behavior likely to produce, within a relatively short period of time, a reasonably strong probability that the child will be placed in state custody as a result of being adjudicated dependent and neglected, delinquent and unruly, or in need of mental health services under § 37-1-175 ; and
(4) "Time-limited family reunification services" means the services and activities described below that are provided to a child that is removed from the child's home and placed in a foster family home or a child care institution and to the parents or primary caregiver of such a child, in order to facilitate the reunification of the child safely and appropriately within a timely fashion, but only during the fifteen-month period that begins on the date that the child, pursuant to § 37-2-402 , is considered to have entered foster care. The services and activities described in this subdivision (4) are the following individual, group and family counseling services: (A) Inpatient, residential, or outpatient substance abuse treatment services; (B) Mental health services; (C) Assistance to address domestic violence; (D) Services designed to provide temporary child care and therapeutic services for families, including crisis nurseries; and (E) Transportation to or from any of the services and activities described in this subdivision (4).
(A) Inpatient, residential, or outpatient substance abuse treatment services;
(B) Mental health services;
(C) Assistance to address domestic violence;
(D) Services designed to provide temporary child care and therapeutic services for families, including crisis nurseries; and
(E) Transportation to or from any of the services and activities described in this subdivision (4).
Acts 1991, ch. 185, § 2; 1996, ch. 1079, § 120; 1998, ch. 1097, § 24; 2000, ch. 947, § 8G.
Tenn. Code Ann. § 37-1-206 — TN Code / Title 37 / Chapter 1 / Section 37-1-206
Magistrates - Court personnel - Signs
Status: in_force

Judges of juvenile courts shall appoint magistrates where constitutionally required and such other court personnel as may be necessary to assure availability of juvenile court services in every county of this state. Every court having juvenile jurisdiction shall have a sign in a conspicuous place identifying it as the "Juvenile Court." Acts 1982, ch. 934, § 6; T.C.A., § 37-266; Acts 2009, ch. 235, § 1.
Judges of juvenile courts shall appoint magistrates where constitutionally required and such other court personnel as may be necessary to assure availability of juvenile court services in every county of this state. Every court having juvenile jurisdiction shall have a sign in a conspicuous place identifying it as the "Juvenile Court."
Acts 1982, ch. 934, § 6; T.C.A., § 37-266; Acts 2009, ch. 235, § 1.